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APRIL 20, 2021 FORMAL SESSION MINUTES
17;73 m yy b .145 rvnt tt VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 20, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the Virginia Beach Convention Center, Suite 5, on Tuesday,April 20, 2021, at 12:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott—Arrived at 4:00 P.M Barbara M. Henley-Arrived at 12:08 P.M Aaron R. Rouse —Arrived at 2:20 P.M 2 ADD ON MASS VACCINATION TRANSITION ITEM#71487 12:01 P.M. City Manager Duhaney provided a vaccination update and read the following statement: "Good afternoon, Mr. Mayor and Members of Council, After nearly four months of work accomplished by the Virginia Beach Department of Public Health in partnership with the City of Virginia Beach, 1 am pleased to report to you that we have reached a major milestone: The Commonwealth of Virginia, through its Department of Emergency Management, will be assuming responsibility for the `Vaccinate Virginia Beach' mass vaccination operations at the Virginia Beach Convention Center starting Monday, April 26, 2021. The last day for the joint City and Virginia Beach Department of Public Health operations there will be this Thursday,April 22, 2021. This means we will be packing up Thursday to make sure the state and its contractor will be ready first thing Monday morning to pick up where we leave off. The state will have separate agreement with the Convention Center to use the exhibit hall space. As we understand it, citizens should see little difference in the overall operations, however now that we are in Phase 2, there is no longer any need for people to pre-register and wait for an invitation to schedule an appointment. People can make their own appointments directly in the system. VDEM anticipates running the Convention Center clinic for at least another 45 days. The program will include a public education component with teams going into neighborhoods with identified social and healthcare vulnerabilities. FEMA is also operating a large regional CVC at Military Circle until May 22. The Virginia Beach Department of Public Health will continue to offer community vaccination clinics to ensure the opportunity to be vaccinated reaches underserved areas and we will provide some limited City support for these. City staff who had been redeployed to support the mass vaccination efforts will be returning to normal work assignments; this comes at a good time, as more City services are opening up. Starting April 26, the VDEM supported Community Vaccination Center (CVC) will provide up 2,000 shots/day, six days/week for at least 45 days. The volume will be dependent on vaccine supply and demand. Mr.Mayor and Members of Council,your support and policy direction enabled us to achieve great results with our vaccination clinics. Since we first began providing vaccinations on December 28, 2020, we have: • given more than 125,000 shots; • expedited protection for health care workers, senior citizens, essential workers, and our City workforce, among many others; • provided a model adopted by other communities in the region and around the country, and; • served our vulnerable populations through mass care and smaller vaccination sites. April 20, 2021 3 ADD ON MASS VACCINATION TRANSITION ITEM#71487 (Continued) I am incredibly proud of what we have accomplished, especially since, as you know, the process was not without its challenges. While the technical hurdles were significant, like needing to build an app to allow people to preregister and changing registration systems, staffing was a daily difficulty that had to be overcome. Each operating day requires over 100 people. Every department and all types of employees,from accountants to utility workers to department directors, have contributed in some way, whether through dedicating staff full-time to the operation or redeploying people to help on certain shifts. There is no way we could have realized this success without the dedication and commitment of the many Medical Reserve Corps and Community Emergency Response Team(CERT)volunteers who showed up day after day to put shots in arms, register patients, monitor people for any negative reactions, and fill syringes. We also received substantial help from Sentara,Hampton University nursing students and medical students from EVMS. The day-to-day heavy lifting, though, was done by a core group of people who committed themselves to making sure our efforts were successful. These are the people who made sure the entire operation worked. • Virginia Beach Department of Public Health • Office of Emergency Management • Emergency Medical Services • Virginia Beach Fire Department • Virginia Beach Sheriff's Office • Information Technology • Communications Office • Virginia Beach Police Department • Parks and Recreation • Convention Center staff • Emergency Communications and Citizen Services (311) • Special Events Office While we still have a way to go to make sure everyone who wants a vaccine receives it, the good news is that we are seeing more and more providers offering it and that should pave the way to lessening restrictions in the weeks to come." April 20, 2021 4 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 12:07 P.M. Mayor Dyer welcomed Latitia Shelton, Director of Finance. Ms. Shelton expressed her appreciation to City Council for their continued support: FY2o21 Interim Financial Statements Saudi Fynance through March 31, 2021 April 20,2021 Here are the FY 2021 General Fund Revenues and Expenditures as of March 31st FY 2021 General Fund Revenues and Expenditures March 31, 2021 ($ in millions) Budget 1111 Variance Revenues Local $ 998.2 $ 567.2 $ (431.0) State 162.2 85.5 (76.7) Federal 23.0 16.0 (7.0) Total Revenues $1,183.4 $ 668.7 $ (514.7) 56.5% Expenditures and Encumbrances: City Operations $ 770.7 $ 557.4 $ 213.3 City Capital Projects-Cash Funding 50.4 50.2 0.2 Trsf to Schools 459.4 342.3 117.1 Trsf to Schools-Capital Projects 27.2 16.8 10.4 Total Expenditures $1,307.7 $ 966.7 $ 341.0 73.9% Amounts appropriated from Fund Balance $ (124.3) (encumbrances,approved carryforwards and others) April 20, 2021 5 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 (Continued) Here are the FY 2021 General Fund-Local Revenues as of March 31st FY 2021 General Fund - Local Revenues March 31, 2021 ($ in millions) FY 2021 FY 2020 Budget YTQ &h Budget MI To Local Revenues: Real Estate Taxes $ 581.0 $ 307.2 52.9% $ 558.7 $ 292.1 52.3% Personal Property Tax 104.7 23.3 22.3% 110.1 23.0 20.9% Other Local Taxes* 229.6 187.8 81.8% 251.0 188.6 75.1% Charges for Services 47.0 27.4 58.3% 44.7 30.0 67.1% Use of Money and Property 7.2 1.6 22.2% 9.7 4.7 48.5% Fines and Forfeitures 4.3 2.2 51.2% 4.4 2.7 61.4% Other Local Revenue 6.2 3.9 62.9% 5.5 4.2 76.4% Transfers 18.2 13.8 75.8% 31.5 8.5 27.0% Total Local Revenue $ 998.2 $ 567.2 56.8% $ 1,015.6 $ 553.8 54.5% *Some examples of other local taxes are:Sales,Meal,Hotel,Utility and Telecommunications Taxes Here are the FY 2021 General Fund-Other Local Taxes as of March 31 Sr: FY 2021 General Fund - Other Local Taxes March 31, 2021 ($ in millions) FY 2021 FY 2020 Budget YID ?La Budget YID la Other Local Taxes: Sales Tax $ 63.2 $ 52.3 82.8% $ 66.7 $ 47.5 71.2% Utility Tax 25.4 17.7 69.7% 26.2 17.2 65.6% Telecommunications 20.3 13.3 65.5% 23.4 14.4 61.5% Business License 46.3 47.8 103.2% 51.9 50.3 96.9% Automobile License 11.6 7.0 60.3% 11.7 6.7 57.3% Hotel 5.8 5.7 98.3% 7.8 6.2 79.5% Meal 37.0 28.4 76.8% 41.0 32.7 79.8% Cigarette 9.0 6.5 72.2% 10.4 7.4 71.2% Misc.Local Taxes 11.0 9.1 82.7% 11.9 6.2 52.1% Total Other Local Taxes $ 229.6 $ 187.8 81.8% $ 251.0 $ 188.6 75.1% April 20, 2021 6 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 (Continued) FY 2021 General Fund - Other Local Taxes • 1-month Lag •2-month Lag • Hotel •Sales Tax • Meal • Utility Tax •Amusement •Telecommunications •Cigarette •Automobile Here are the Trustee Taxes April through March 2021 v 2020: Trustee Taxes April through March 2021 vs 2020 l 9 i Mar 9y9om 2019/1010 $ 1,951506 $ 2.519,215 $ 65 5 5,276,334 $ 6,683.567 5 6,331,151 5 3.766,607 $ 1,711,901 5 1,186,401 $ 959,940$ 826,535 3 392,612 5 39,293,017 1010/1021 666978 485,934 1533,155 4,103,503 A4 4511,551 5,9741 3,464570 1,558,617 1,254,755 947,247 257,830 1,687,319 27,766,410DifferencDiffeDifference%.�w Difference 11395318E 17,043,144E 12763,180E 11,1755531) 11,8615161 (357,710) 1302137E 11.5351 64354 111,693E 1569,7.1 1.294,897 (11,516,631) .35% A t% 1614 .216 18% . . 10% 6% •1% -69% 350% M 39% av 19^S 19/3 NI 162 63! %b' 116E I. 61Q J1 6204E l Meat 1019/1013 6,563,916 5./90.781 6315,715 6,919,76E 6,917561 6,393,13E 6,417599 5,432.762 5590573 5,623,219 5510,995 3581,917 74.594,857 1010/1011 4516.09E 2831,941 1540.479 43592 6514375 6.057,666 5596.100 5,033.39E 5,175,534 5,222,363 1,364,463 1682,901 56541,996 Difference 1s.11.+4 (15275341 129578401 41.73e,136) 16,075,7751 1902,9851 (1961711 1571,599E 5[95701 0145631 1420,336E 13,699,5431 5,E00,974 118.0515601 51% -766 .6 •13% 5% -5% . 1% 715 -74% 149% 24% 88wlala% 2019/2010 3119,605 605,030 758,364 1,654,865 1,366,934 983,999 37136E 676,718 639361 490570 353,594 111,017 5515,817 2030/2021 1678 315,218 128,226 1p00,914 a%4' ,.1ui64 (166,61321 1553,579) ,9391 11,1M,5611 1899,141) 1667,771E 134,139) (4115171 (136,5861 1168.6901 1305,014E 17.M19 (5,6321131 1316 9116 Al% .% .6. i955 9% -61% -54111 59% 16% ex a'n5 MnN561s 1019/1010 4.472,653 5,506648 5559552 6006,400 6,374A87 5,770A1e 5,979394 4,903,950 2020/2021 s 54,350 5,9615,018 6 5 5,715,400 6,705909 7,085559 6,705,539 411,5E 6,153,285 5,919,383 7,753,87> ,64 776.300E 4 d% �6re 1..1.55 0 116,303E 5 1146,5741 5 1553,8N)5 1291,0001$ 666,126 $ 1366,5501 5 331,05E $ 641561 $ 620,516 $ 529,6551$ 1,771,483 $ 673,589 $ 1,707,374 0% -3% 1016 5% 11% -5% 5% 11% 12% l% 30% 1. 4% Note:February Meal Taxes of$3.5M and Hotel Taxes of$.4 M posted in March. April20, 2021 7 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 (Continued) Here are the Hotel Taxes April through March 2021 v 2020: Hotel Taxes April through March 2021 vs 2020 S8,000,000 S i,000,000 S6,000,000 S 5,000,000 $4,000,000 S3,000,000 $2,000,000 51,000,000 5- Mar Apc May June July Aug Sep Oct Nov Dec Jan Feb Mar 2019/2020 2020/2021 2020/2021-Constant$ Here are the Meal Taxes April through March 2021 v 2020: Meal Taxes April through March 2021 vs 2020 58,500,000 57,500,000 $6,500,000 55,500,000 $4,500,000 53,500,000 52,500,000 51,500,000 5500,000 Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb M. 2019/2020 2020/2021 — —2020/2021-Constant S April 20, 2021 8 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 (Continued) Here are the FY 2021 General Fund-Expenditures as of March .31': FY 2021 General Fund - Expenditures March 31, 2021 ($ in millions) FY 2021 FY 2020 Buda YID /a Budeet KID °Jn Expenses and Encumbrances Salaries' $ 293.7 $ 210.3 71.6% $ 312.5 $ 218.8 70.0% Fringe Benefits' 114.7 80.2 69.9% 110.1 76.7 69.7% Other Operating Expenses 2 230.5 178.8 77.60/0 193.0 146.3 75.8% Leases 10.0 8.7 87.0% 8.5 4.8 56.5% Capital Outlay 7.8 6.3 80.8% 9.9 7.9 79.8% Transfers 576.5 438.7 76.1% 564.3 435.2 77.1% Debt Service 57.7 43.7 75.7% 54.4 42.7 78.5% Reserve for Contingencies 3 16.8 - 0.0% 13.7 - 0.0% Total Expenditures $ 1,307.7 $ 966.7 73.9% $ 1,266.4 $ 932.4 73.6% 'FY2021 includes Hazard,Emergency Responders and Appreciation Pay-$6.0M 2 FY2021 include$16.4M payment to United Way FY2021 Contingencies includes a City Manager's Reserve of$10.4M from CARES Funds Here is the FY 2021 General Fund Summary as of March 31': FY2021 General Fund Summary March 31, 2021 ACTUAL REVENUES YTD=S668.7 M/S1,183.4 M 93.4% .-- 67.4% ACTUAL EXPENDITURES YTD=S%6.7 M/S1,307.7 M /- 79.6% / 90% 72 j 73.9% �T 6a0% / 72.0% 46.7% 60% - •"- sus% 64.7%/per s-69.3% 4a2% i f l' 49.6� 55A% BL1%r 40.9% 43.1% 49.1% 34.6% / -43.4% - 40.2% 40% 3L34t 411% 3L3% 30.1% 23616- zo% lao% 16A% uya 12.0%, 21.7% 6.0% 1L9% L6% 0.7% 0% �01 Aug Sp Oct Nov Dec sae Feb Mar Apr May Jun ----%o(FY2021Exp Budget -. Exp Tread -r-%OFF 2021 Rev Budget --Rev Trend April 20, 2021 9 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 (Continued) Here is an update on the CARES Act Funding: CARES Act Funding • Received a total of$78.6 million • 15t Allocation of$39.3 million—June 1,2020 • 2nd Allocation of$39.3 million—August 12,2020 • FY2020 Eligible Expenditures transferred to grant- $35.7 million • FY2021 Eligible Expenditures- $42.9 million • Expensed/Transferred to grant as of 3/31/2021-$27.9 million • Still to be transferred-$9.5 million • Unspent-$5.5 million Here is the Summary: Summary •FY 2021 General Fund Revenues and Expenditures tracking comparable to prior years as a % of budget. •FY 2021 Trustee Taxes continues to trail Prior Year April 20, 2021 10 CITY COUNCIL'S BRIEFING INTERIM FINANCIAL UPDATE ITEM#71488 (Continued) Here are the Next Steps: Next Steps May 18, 2021 May 25, 2021 June 22, 2021 Mayor Dyer expressed his appreciation to Ms. Shelton for the presentation. April 20, 2021 11 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 12:18 P.M. Mayor Dyer welcomed Carolyn Rye, Chair— School Board, Dr. Aaron Spence, Superintendent, Farrell Hanzaker, Chief Financial Officer— Schools and Tony Arnold, Executive Director— Office of Facilities Services. Ms. Rye expressed her appreciation to City Council for their continued support and turned the presentation over to Dr. Spence: 2021/22 School Board m Amended Operating 1 Budget and 2021/22-2026/27 Capital a Improvement Program (CIP) r`• Mrs.Carolyn T.Rye,School Board Chair Dr.Aaron Spence,Superintendent Mr.Farrell Hanzaker,Chief Financial Officer 411 Mr.Tony Arnold,Executive Director Office of Fac`M is j • . � _ '�. vow-4...s; Schooling during a pandemic #VBAlwaysLearning April20, 2021 12 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINL4 BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) Here is an overview of Division Budget Priorities: ERATING BUET: $833.5 MILLION DIVISION BUDGET PRIORITIES •Employee co' nsation i •Continuedfocui sptcial education needs •Continue uupports for our 6pglish Learner (EL) populati i •Student mental'healt / •Expansion of Spanish Immersiw Program •Support for Environmental Stues Protram •CIP planning -../ 4 • The next few slides provide teacher salary information: Virginia Instructional Pay Increases Have Slowed Considerably Since 2009 Average Salary-All Instructional Positions* S70,000 $58,677 $61,611 S60,000 S53,581 $50,1810 S42,788 S40,000 S30,000 $21,000 S10,000 SO 2002 21109 2018 M.. lrnmow.m.��..e•e� ay..nu.—.raw... m,.... i.. 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' ERATING BUQQET: $833 5 MILLION t DIVISION BUDGET PRIORITIES •Employee caimpensation •Continuectfocusai sp 'tial education needs •Continueupupporfs for our 4pglish Learner(EL) population 4 •Student menta .healt ' k •Meet new state Standards of(lqualitylSOQ) requirements •Expansion of Spanish ImmersiA Program •Support for Environmentalies Program aping t. April 20, 2021 15 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) The next several slides provide, "Our Successes": . , „,„„ -.. s _ • ` 26,.47 row 00; 94.2% HIGHEST GRAD RATE ON RECORD! VIRGINIA REACH CITY PUBLIC SCHOOLS OUR SUCCESSES .....----- _,, . - 4,4 , :., -,..... fa ...._ ,_ ,,,,, .,,,„,_ .... V I R G I N I A R E A C H C I T Y P U B L I C S C H O O L S April 20, 2021 16 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) OUR SUCCESSES • Virginia Beach City Public Schools was a first- place winner of the National School Board Association's 2020 Magna Award for its 2020 JumpStart program �//�/j(,(,/• AWARDS us • The State Board of Education awarded Virginia When school ders m g equity.students win Beach City Public Schools with nine 2020 Highest Achievement Exemplar Awards,more than any other school division in the state. • Twelve schools in the division earned the 2020 Continuous Improvement Award • Parkway Elementary School was named a 2020- DISTINGUISHED ell 2021 National ESEA Distinguished School. SCHOOL OUR SUCCESSES • For the second year in a row,VBCPS was designated a Virginia Environmental Excellence ,101111 Program Sustainability Partner by the Virginia Department of Environmental Quality. VIPA���,V_ • VBCPS was recognized by VDOE as one of only 15 "School Divisions of Innovation" PGINiA • For the third consecutive year,all VBCPS ENVIRONMENTAL EXCE4fNCE comprehensive high schools earned the National Gold Council of Excellence Award from the National Association of Student Councils(NASC). BEST • For 11 consecutive years,we have been named M Con rtiuiiOe �,- USK one of the Best Communities for Music Education EDUCATION bythe National Association of Music Merchants (NAMM)Foundation for outstanding commitment to music education. April 20, 2021 17 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITYPUBLIC SCHOOLS ITEM#71489 (Continued) COMPASS TO 2025 STRATEGIC FRAMEWORK Si LID,NI CENIERFD F.,R S'LUAU! SU:r. STUDENT WELL-BEING l'-'"`r-: ��[ih': and support ail sNclens Newel fn.arl raMre Mxnry mKmmmll at Ens.M.tle..rigorous,auIMOD,and atrmr.ANy n..raUaM.e Nundatr.I Wm Is De"...land r.e....1M OM Nudnt`mbad Nam,to Mty them o.... 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',i n e.naarnda..m..ar mmm. sarvoc..ar ..M...rr a OUR SUCCESSES Total Enrollment by District SY19: c.a.,,.. ,, c.S _ _._c,. .rover SD'e•cn distr.:!a.:s-rwit.yeayr Eid ...w.wperm M...:yp II ese M g�.l 1.. • l y:.. �ft .l••' f d �y . q$4 Iilhibii11 April20, 2021 18 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) State Test Results Consortium Benohmarking Tool.5Y2019.20 n<mca�roce-rexa.er,eu:r^.z 2o-o - State Test Percent Proficient and Above SY1819 Win• •• us eor ea ne=111111111.1111111110= O U R 609 E11 SUCCESSES se< 5'a• C-533 a-soe Q-.4 -36.0 -2)1 Av.Val. State Test Results Corse .:m Benchmarkin9 Tool,SY2019-20 State Test Percent Proficient and Above SY1819 �: wxmw• • Me eD.) Ma as „ OUR ��s., 61L SUCCESSES 111111111=11111.111.sa4 • 320 111111111111111-, •-4CC --3 •-21: April 20, 2021 19 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) CAPITAL IMPROVEMENT NEEDS si , w. mainII III cc VIRGINIA BEACH CITY PUBLIC SCHOOLS •`—� Dr. Spence turned the presentation over to Farrell Hanzaker: Local K-12 Operations Funding Grew Much Faster Than State Operations Funding from FY 2009-19 NI Pupil K-12 400E0, $14.000 0 000 TS 000 $6000 54.000 52000 40 2009 2019 •Ix al•Sinic•Fcdad o0E P'or=.OAAOO.IR.Pom Mt.-//www.Pce aan�ia ealsausrss,eooWsuo.•.nw.l I*AAfl A.ush{m April 20, 2021 20 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) This graphic provides Total FY 2021/22 School Board Amended Operating Budget—All Funds: Total FY 2021/22 School Board Amended Operating Budget -All Funds Other Funds $50,688,315 Categorical Grants 4.6% S1,092,607,801 $204.198,866 TOTAL 18,7% Green Run Collegiate $4,193,884 0.4% School Operating $833,526,736 78.3% This graphic provides School Operating Fund Revenue Sources: School Operating Fund Revenue Sources Additional Funds Federal $1,334,364 Other Local $13,500,000 02% $3,888,341 16% 0.5% State Sales Tax $81,922,118 9.8% Local Contribution $415,484,088 49.8% State $317,437,827 38.1% z. April 20, 2021 21 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) This graphic provides School Operating Fund by Major Category Classification: School Operating Fund by Major Category Classification Operations and Technology Maintenance 537,743,034 $97,446,927 4.5% 11.7% Pupil Transportation $42,493,853 5.1% Administration, Attendance and Health $62,778,048 5.1% Instruction $613,086,876 73.6% This graphic provides School Operating Expenditures by Type: School Operating Expenditures by Type Capdal Outlay Land.Structures and Improvements Materials and 85.199.533 $97,878 Supplies 0.82% 0.01% Other Charges a33.087.063 Transfers M Other Funds $28.091.100 3.97% 513,831.568 3.13% 1 Bs.A Purt Service $49,9,975,451 00% Pommel Services $607,580.489 Fnnpe Bes9ts $197.873,874 73.74% April 20, 2021 22 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) Mr. Hanzaker turned the presentation over to Mr. Arnold to provide CIP Highlights: CIP Highlights CIP g Cons Sttruartction 5dtool Construction Complete 1-007 2018 Princess Anne Middle School Replacement(1974) 2021 1-021 2019 Plaza Annex 2021 1-026 2021 Lynnhaven MS/Achievable Dream 2023 Total 3 Schools-$103.7 Million What's In This CIP Renovations 8 Replacements Projects Renovations and Replacements—Safe School Improvements Energy Performance Contracts—Phil Elementary School Playground Equipment Replacement Plaza Annex ice Addition Achievable Dream at Lynnhaven Middle School Princess Anne High School Replacement Bettie F.WillianslBayside 6th(Grade 4.6)Replacement Bayaide High School Replacement April20, 2021 23 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) CIP Funding Total Cost (including appropriations Pr"•'r'• 400.A0c � to date) • $619,653,047 i --'- Year 1(2021/22) eY $69,800,000 .• - 8 Here is an overview of Funding Sources: Funding Sources Feadig Sources 2021/22 2022/23 2023,24 202623 2025/26 202627 Chang Bonds 32.300,000 32300.000 32.300,000 32,300.000 32,300,000 32,300,000 Sandbridge 0 0 0 0 0 0 PobhcFaailyRevrnue 15,000.000 15,000,000 15,000,000 15.000,000 1l000.000 12,000.000 Bonds Pablo 0 500.000 1.000.000 1300.000 2,000.000 2300.000 IoleesLSak of Property' 7,500,000 0 0 0 0 Energy Perfomwrx Contracts Funding 5.000.000 3,000,000 3.000.000 3,000,000 3.000602 3.000600 Sate Combucaon 0 0 0 0 0 Chants 4stles Funds 0 0 0 0 0 0 (FundSctwol Specal Reserve .000.000 11.000.000 11,000,000 12.000,030 12,000,000 12,000.000 10 BaanmRe.esun T oal S 69,800,000 5 61,800,000 S 62300.000 S 63,800,000 $61,300.000 61,800,000 April 20, 2021 24 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA BEACH CITY PUBLIC SCHOOLS ITEM#71489 (Continued) Here is an overview of Funding Summary: Funding Summary .1 • y . . IPEREE .... v;,..�.�.—,.rl lre* ■M . 18. !!!! • • Questions Mayor Dyer expressed his appreciation to Ms. Rye, Dr. Spence, Mr. Hanzaker and Mr. Arnold for the presentation. April 20, 2021 25 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA AQUARIUM ITEM#71490 1:31 P.M. Mayor Dyer welcomed Cynthia Whitbred-Spanoulis, Director. Mrs. Whitbred-Spanoulis expressed her appreciation to City Council for their continued support: Department of the \B„ , Virginia Aquarium Virginia Beach Cynthia W. Spanoulis, Director Here is the Department of the Virginia Aquarium Organizational Summary. Department of the Virginia Aquarium Organization Summary • Organization • 127.00 FTEs • 11 Divisions V ■ Total Budget $12,701,247 Aril jill April 20, 2021 26 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA AQUARIUM ITEM#71490 (Continued) FY 2021-22 Programmatic Budget 16.72% 6.53% -te, 11.37% 4 43% 5.45% 12 5. 3.22% 9.07% a Marketing Scientific Education •Training,Learning,and Development •Gift Store •Veterinary Services •Exhibits and Facilities Research and Conservation Guest Experience a Aquarium Foundation •Live Exhibits and Animal Husbandry General Operating Expenses Here is the Department of the Virginia Aquarium Operating Budget. Department of the Virginia Aquarium 'crating Budget Program Unit FY 20-21 Amended FY 20-21 FTE FY 21.22 Proposed 21-22 Change FY 21 Amended to FTE FY 22 Proposed Marketing 1,320,452 6.00 1,443,724 7.00 123,272 9.3% Science Education 670,039 - 691,952 9.00 21,913 3.3% Gallery Education 545,200 10.70 722,087 9.10 176,887 32.4% Gift Store 995,654 5.00 1,152,593 5.00 156,939 15.8% Veterinary Services 45,337 - 408,744 3.00 363,407 801.6% Exhibits and Facilities 1,337,931 23.15 1,613,759 13.15 275,828 20.6% Research and 556,399 8.60 562,499 6.60 6,100 1.1% Conservation Guest Experience 699,640 - 829,454 7.50 129,814 18.6% Aquarium Foundation 1,458,681 20.15 1,072,872 17.65 (385,809) 26 4% Live Exhibits and 2,292,195 33.65 2,079,904 30.00 (212.290j -9 3 Animal Husbandry General Operating 1,730,581 26.70 2,123,659 19.00 393,078 22.7% Expenses Toto/ 11,652,109 133.95 12,701,247 127.00 1,049,138 9.0% April 20, 2021 27 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA AQUARIUM ITEM#71490 (Continued) Here is the Department of the Virginia Aquarium Operating Revenues: Department of the Virginia Aquarium Operating Revenues Aquarium Admissions $7,217,000 Memberships $1,090,000 Aquarium Stores $1,417,625 Aquarium Foundation Donation $1,072,872 Rental Income $15,000 License Plates $50.000 Total Earned Revenue $10,862,497 Total Expenditures S12,701.247 *General Fund Support S1,838.750 Here is the Department of the Virginia Aquarium Major Changes/Budget Highlights: Department of the Virginia Aquarium Major Changes/Budget Highlight, • Giant Screen Theater permanently closed—Closed due to the 2021 required budget reduction • 2 new FTEs: Associate Veterinarian & Data Analyst—fully funded by Revenues • Use of contracted manpower for part-time needs • Purchase of forklift& pickup truck for Darden Marine Animal Conservation Center(some funds provided by Foundation) �f< I ' April 20, 2021 28 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) VIRGINIA AQUARIUM ITEM#71490 (Continued) Here are Initiatives Underway and Conclusion: Initiatives Underway and Conclusion • Unfunded Security Features (additional cameras) • Aging Facility (Main Building) Master Planning • Due to COVID, operating with timed tickets & capped attendance capacity • FY22 attendance projected at 515.500 iFY2o=snsooi • Darden Marine Animal Conservation Center opens June • South Building opens this summer(TBD based on const;_ tle y+ • Mayor Dyer expressed his appreciation to Ms. Whitbred-Spanoulis for the presentation. April 20, 2021 29 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) HUMAN SERVICES ITEM#71491 1:46 P.M. Mayor Dyer welcomed Aileen Smith, Director. Ms. Smith expressed her appreciation to City Council for their continued support: Human Services Budget Workshop April 20, 2021 Aileen L. Smith, DHS Director Here is the Human Services Organization Summary: HS Organization Summary c Organization 0 1,166.20 FTEs 0 General Fund, Grant Fund (Sheriff's Jail Program, Community Corrections and Pretrial Services, CIT Security), Social Services Gift Fund Total Budget$127,802,199 April 20, 2021 30 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) HUMAN SERVICES ITEM#71491 (Continued) FY 2021-22 Administration & BHDS Programmatic Budget Jail Initiative Business Community 956,064,1% Administration Corrections 4,425,464,6% 1,839,960,3% Substance Use CQI&HR 5,846,261 ,8% 6,293,334,9% Administration 1,026,242,1% BHDS- Administration 549,061 ,1% Developmental Services Behavioral Health 28,292,179,39% 22,707,294,32% FY 2021-22 Social Services Programmatic Budget SS Administration Adult Services JDC 1,747,934,3% 2,928,471 ,5% Gift Funds 5,774,553,11% 46,710,0% Benefits Eligibility Employment 10,701,508,19% Services 2,911,729,5% CSA 13,937,779,25% Children Services 17,817,657,32% April 20, 2021 31 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) HUMAN SERVICES ITEM#71491 (Continued) Here is the Human Services Operating Budget: Human Services Operating Budget Change FY 21 FY 20-21 FY 20- FY 21-22 FY 21-22 Amended to Amended 21 FTE Proposed FTE FY 22 Proposed General Fund 124,570,350 1,148.7 124,785,346 1,131.2 214,996 0.2% Grant Fund 2,924,392 35.0 2,970,143 35.0 45,751 1.6% Gift Fund 51,139 0.0 46,710 0.0 (4,429) (8.7%) Total $127,545,881 1,183.7 $127,802,199 1,166.2 $256,318 0.2% The next two(2)slides provide Human Services FY2020—2021 Highlights: Human Services FY 2020-2021 Highlights • The OHS Inclusion and Diversity Committee launched in September 2020 ❖ Mission Statement.Increase awareness around inclusion and diversity by fostering an environment of safety,equity,and accountability in our workplaces through support,resources,and training that remain focused on the needs of our employees.clients,and community. • Mobile Food Pantry Events in partnership with the Food Bank • Behavioral Health and Developmental Services: ❖ Same Day Access to Behavioral Health services continued throughout the pandemic Clinical staff quickly adapted to the provision of telehealth services for individuals with behavioral health and developmental disabilities ❖ DHS 24/7 residential facilities and the Pathways Crisis Stabilization Center remained operational with staff reporting to work to provide direct care services April 20, 2021 32 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) HUMAN SERVICES ITEM#71491 (Continued) Human Services FY 2020-2021 Highlights • Social Services: 18,192 new SNAP applications since the start of the pandemic through 3/31/2021 :• Foster Care Unit-37 children were adopted into their forever homes Adult Protective Services-340 new investigations during the last year. Continued to make visits at nursing facilities.group homes hospitals and in the client's private homes during the pandemic :• Personal Property and Real Estate tax relief programs-served 1.953 Virginia Beach citizens from the period of July 1.2020 through January 31,2021 totaling$781,948 Here are Human Services Major Changes/Budget Highlights: Human Services Major Changes/Budget Highlights • Service Adjustments: •1.Discontinuation of the Skilled Nursing Program and Adult Treatment Program(2 &2.75 position reduction) .1-Transition and consolidation of the Cape Henry Group Home and Colby Way Intermediate Care Facility(14 75 position reduction) .1-Total FTE reduction:19.50 • Additional 2 positions for Family Service Specialists fully funded in FY2022 via the Department of Social Services • Additional Commonwealth of Virginia STEP-VA funds for Crisis Service positions, Peer and Veterans Services April 20, 2021 33 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) HUMAN SERVICES ITEM#71491 (Continued) Here are Initiatives Underway: Initiatives Underway • LDSS funding for 2 Family Services Specialist positions funded at S182.243 No local match in FY 2022, 15.5%match in subsequent years •:The FSS positions granted to VBDHS by Virginia Department of Social Services for FY22 based on federal Families First legislation that promotes prevention and Case Management services designed to strengthen families and prevent formal Foster Care placement Initiatives Underway • Marcus Alert, Initial Site,$600,000 State funding •: Regional liaison position • Remaining funds will be utilized based on implementation plan • Adult Mobile Crisis, $369,506 FY 2022 State funding •: $329,506 On-going and $40,000 one time start up funding • 4 FTEs,2 vehicles and computers • Children's Mobile Crisis, $347,794 FY 2022 State funding •: $302,994 On-going and$44,800 one time start up funding :• 4 FTEs, 2 vehicles and computer assets April 20, 2021 34 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) HUMAN SERVICES ITEM#71491 (Continued) Initiatives Underway ■ Veteran's Initiative, $102,108 FY 2022 Ongoing State funding 1 FTE. Training & equipment • Peer Services :• State funding expected to support 1 FTE and training Questions Mayor Dyer expressed his appreciation to Ms. Smith for the presentation. City Council Break 2:04 P.M. — 2:15 P.M. April20, 2021 35 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) RESORT MANAGEMENT ITEM#71492 2:15 P.M. Mayor Dyer welcomed Brian Solis, Acting Resort Administrator. Mr. Solis expressed his appreciation to City Council for their continued support: Operating Budget City Council Briefing (ity of Virginia Beach Resort April 20, 2021 Management Office Brian S. Solis, AICP CMO Special Projects Manager/Acting Resort Administrator The next three (3)slides provide an overview of the Resort Management Office: Resort Management Office (RMO) Mission a To enhance Virginia Beach's Resort Area environment for residents and visitors through coordination of City Code enforcement entertainment programming, franchise business opportunities hospitality services and maintenance Serves as Citywide resource for special event and film production permitting, helping to create and capture meaningful experiences yul Ind April 20, 2021 36 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) RESORT MANAGEMENT ITEM#71492 (Continued) Overall Citywide permitting and interdepartmental coordination of hundreds of special events,the majority of which occur in the Resort Area Facilitation of Resort Area franchise opportunities in public spaces • High quality year-round resort ambassador hospitality and cleaning services in close az.` coordination with City departments of Public Works and Parks and Recreation Vibrant entertainment programming and comprehensive services through Beach Events V3 fj Ems ' - V�I meld Obit Resort Management Office (RMO) • Re-established as stand-alone City Office by City Council Resolution on September 1,2020 and by funding appropriation on December 1,2020 • Foundation of RMO—Transfer of 8 existing FTEs from Convention&Visitors Bureau • Where we assist our residents and visitors from: 2101 Parks Avenue,3'"Floor—Special Events Permitting,Resort Franchises,Entertainment Programming 401 Virginia Beach Boulevard(Arctic Ave/17"'St.)Field Office—Overall Resort Management coordination and Ambassadors .43lit \I:m:rgemenl Unit April 20, 2021 37 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) RESORT MANAGEMENT ITEM#71492 (Continued) Here is the Resort Management Office Organizational Summary: Resort Administrator(New) _ — —•Administrative Specialist 11(New) r I I I 10 FTEs in RMO Special 4 FTEs Housing&Planning Events& Code Homeless Ambassador 14 Total FTEs Programming Enforcement Outreach Program I I I I I I I 1 Code Enforcemen Existing 8 CVB I Outreach New Inspector(1 new) Employees 2)Planning/Zoning Specialists clad- Jn •actor fl newt (2 new) Ce Beach Events Contracted I Close coordination with Entertainment Services Maintenance Public Safety v2,in/of Virginia Beech Resort Management Office • Coordination with Parks&Rec SGA-Parking Fire,Police,EMS Here is the Resort Management Office Operating Budget: Resort Management Office Operating Budget FY 20-21 FY 20- FY 21-22 FY 21- Change FY 21 Amended 21 Proposed 22 Amended to FY 22 FTE FTE Proposed Total Tourism Investment $3,482,617 10.0 $7,401,286 10.0 $3,918,669 113% Program Fund* U.3 ,11 Management Office April 20, 2021 38 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) RESORT MANAGEMENT ITEM#71492 (Continued) Here are New Resort Management Enhancements for FY 22: New Resort Management Enhancements for FY 22 ijazzia Increased entertainment programing+$1.25 million wrgnia:=.• un-- =$4.3M annually patrolstodeanupthe Increased resort ambassador funding+$250,000= safer Oceanfront and help make it , _- $1.25M annually Rapid Response Team for Repairs—In Public Works Got paid toma••dHr.,.oer budget 111 a .V`°.a."�w.Basch rolls out;�,.• All funded from Tourism Investment Program411 � ao.heC ":o amdai aa..a cosepe h • VIRGINIA BEACH leawrn and - hospitahly cm.dressed Mow shuns sesanocuaa • .^ ♦ Aaned �ol!Ap..Mrex. area April iW V.3 .'Management Office - o 2611, n '""'"d"`"'.a'."°" Mayor Dyer expressed his appreciation to Mr. Solis for the presentation. April 20, 2021 39 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) PARKS AND RECREATION ITEM#71493 2:26 P.M. Mayor Dyer welcomed Michael Kirschman, Director. Mr. Kirschman expressed his appreciation to City Council for their continued support: :;: s, `..cc.,) Department of Parks and Recreation All I\ CAPRA Budget WC II 20,2021 Michael Kirschman, CPRP Director l'AittN Sru ' EOFSERVICES 7 189 playgrounds REC CENTERS 293 Parks 151 basketball courts i 7,400 acres of land % 146 athletic fields lent Open Space .44., 14 canoe/kayak launch areas ` +skate parks,dog parks, 8 INDOOR POOLS • 91 Schools tennis courts&shelters MI 512 City buildingsINellness •ei fitness, GROUNDS 240 miles of roadways *' Special Events -Fr Education MAINTENANCE 3 mile Oceanfront boardwalk Princess Anne Athletic Complex 300+miles of Marina+Golf Courses CHILD bikeways and trails Q Emergency Support CARE April 20, 2021 40 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) PARKS AND RECREATION ITEM#71493 (Continued) Here is the Department of Parks and Recreation Organizational Summary: Department of Parks and Recreation Director's Office 3.5FTE 2FIT Programming and °''r' ""vi="°"`P P&R Human i P&R Finance and I — Operations �i "` ` 'Y "2 Resources Budget ' 543.32 FTE Fri _.. 9.02 FTC J 5FTE _ ! Park and Landscape — Services 285.27 FTC Total Department FTE: 869.11 _ P&R IT Team I 5 FTE (approx.516 FT,900 PT employees) P&R Marketing 7818 FY 2021-22 Programmatic Budget Programming and Transfers Reserves Administration Operations 53,532,750 $28,271,565 $643%36 5416,632 6% -Bus53,297,824 s 5.3% 1.3% 0.6%/ $3,29% 42.3°io 09% - Debt Suvlce $6,412,593 9.6% 4 Design and Planning 11111 $890,845 1.3% 44141461k lit Landscape Management Total Department Proposed FY22 Budget: $66,787,262 $23,123,317 34.6% April 20, 2021 41 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) PARKS AND RECREATION ITEM#71493 (Continued) Here is the Department of Parks and Recreation Operating Budget: Department of Parks and Recreation Operating Budget Program Unit FV 20-21 FY 20-21 FY 21-22 Fl,21-22 FI•E Change FY 21 Amended tol Amended FTE Proposed FY 22 Proposed •dministration 405,457 3.5 416,632 3.5 11,175 2. :usiness Services 3,219,251 17.02 3,297,824 18.02 78,573 2.4'. •ebt Service 6,525,345 - 6,412,593 - (112,752) -1. '• •esign and Planning 881,982 9.0 890,845 9.0 8,863 1..'. andscape Management 23,482,787 284.52 23,123,117 284.52 (359,670) -1.5'• •rogramming and Operations 27,529,564 554.07 28,271,565 554.07 742,003 2. • ransfers 2,782,902 - 3,532,750 - 749,848 26.•'• •eserves 1,128,834 - 841,936 - (286,898) -25.4'• otal $ 65,956,122 868.11 $ 66,787,262 869.11 831,142 1.3'• The next several slides provide the Department of Parks and Recreation Major Changes/Budget Highlights: Department of Parks and Recreation Major Changes/Budget Highlights • Uncertainty with department specific revenue • Additional 5%decrease in revenue from Out-of-School Time program • Not transferring the typical $1M to Recreation Centers CIP • Minimum wage increase impacts April20, 2021 42 CITY MANAGER'S BRIEFINGS FY 202122 RESOURCE MANAGEMENT PLAN(BUDGET) PARKS AND RECREATION ITEM#71493 (Continued) Department of Parks and Recreation Budget Highlights • Recreation Center Memberships: restructuring and fee adjustment-net revenue$11,463(essentially budget neutral) ,I• Elimination of Premier Membership-$299/annually 'rF` _ • Elimination of Senior Membership-$84/annually • Basic Membership changes-increase from $104 to$110 f' tit J • Equity&Simplicity: All classes now included and = considered a core service. Residents receive same access at same cost. Collapses and greatly simplifies fee structure.Aligns our services with private sector • Misc. programs fee increases—total net revenue$30,992 Department of Parks and Recreation Budget Highlights • Out-of-School Time— decrease staff to participant ratio&provide •� ",;, snacks • Lower staff-to-child .F '• - ratio from 1:18 to 1:15 , /04 • Results=fee increase :4' $204 to$248 per month ■\\ • Healthy snacks provided for every child,every day April 20, 2021 43 CITY MANAGER'S BRIEFINGS FY2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) PARKS AND RECREATION ITEM#71493 (Continued) Department of Parks and Recreation Budget Highlights • Administrative Technician position in Marketing • Restoration of the remaining Summer Youth Employee Program funding '41 :ABM" "II ARP-4,!ET- Department of Parks and Recreation Budget Highlights • Maintain/Restoration of the 18-21 day mowing cycle—$159,488 • 95%target would have necessitated moving to a 24-day cycle • Funding for new CIP projects requiring landscape management-$127,594 • Move a Groundskeeper position from the General Fund to the TIP fund to assist with increased landscape maintenance at Oceanfront—net neutral April 20, 2021 44 CITY MANAGER'S BRIEFINGS FY 2021-22 RESOURCE MANAGEMENT PLAN(BUDGET) PARKS AND RECREATION ITEM#71493 (Continued) Here are Initiatives Underway, Trends, and Issues: Initiatives Underway, Trends, and Issues • Aging infrastructure/deferred maintenance Estimated at$30-32M(excluding Sportsplex) • Example:189 playgrounds/typical 15-year lifecycle • CIP funding replaces 4-5 per year(40+years to replace at current funding...) • 26+playgrounds 15+years old(some over 20) • 13 additional playgrounds hit 15 years old this year,26 more in 2022,and 17 more in 2023 • Numerous undeveloped&under-developed parks • Currently developing parks needs assessment 1 ' • Strategic Plan implementation • Many high demand programs need expanded •= "r""" �" jz'.� • Customer demand for improved technology PR1 %P1M�ld l • Rec Center master plan&modernizations • VB Trail—game changer for City if/when funded • Continue internal service improvements • Continue to explore collaborative efforts with other departments and partners 10( Thank you .$ r for your vol/ continued Att- 7 support! .s: , , . t Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation. April 20, 2021 45 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 2:54P.M. Mayor Dyer welcomed Toni Utterback, Stormwater Engineering Center Administrator, Mark Jones, Stormwater Manager and Jim Milliken, Stormwater Engineer. Mrs. Utterback expressed her appreciation to City Council for their continued support: Public Works FY 2022-2027 CIP City Council Briefing Storm wate Management0 April 13,2021 Toni Utterbock.P.E. Stormwater Management Overview I. Proposed SWM FY 2022-2027 CIP Overview •Funding Summary ii Flood Control • Projects/Programs w/No Changes • • Programs w/Modifications I 8 x' • New Projects/Programs w. Operations and Maintenance • Projects/Programs w/No Changes iv. Regulatory—Water Quality "' f • Projects/Programs w/No Changes • Projects/Programs w/Modifications ;..'uf ;,`Qv, • New Projects/Programs V. Challenges " yF 42� Vl�I'uhlic Works ir April 20, 2021 46 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) Proposed FY2022-2027 I. Overview Stormwater CIP Here is an Overview of the Funding Summary: 1,113 Overview 0 Funding Summary • Flood Control Funding Years 1-6:$255.7 M(60.6%) t •38 Projects/Programs • 13 Not Fully Funded-$289.9 M BTC • Operations&Maint.Funding Years 1-6:$110.0 M(26.1%) 18 Projects/Programs stormwater . S Not Fully Funded-$157.3 M BTC Funding Years 1-6 ■ Regulatory Funding Years 1-6:$56.2 M(13.3%) • 13 Projects/Programs • 1 Not Fully Funded-$2.9 M BTC Total Stormwater Funding Years 1-6:$421.9 M 69 Total Projects/Programs April 20, 2021 47 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) Proposed FY2022-2027 II. Flood Control Stormwater CIP Toni Utterback, P.E. The next several slides provide an overview of Proposed FY 2022-2027 Stormwater CIP Flood Control Projects/Program with No Changes: Proposed FY2022-2027 II. Flood Control Stormwater CIP Projects/Programs With No Changes April 20, 2021 48 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) 1B II. Flood Control Projects w/No Changes NYeMbd. Summary Project Project Current Appropriated FY22 FY23-FY27 Total BTC B Phase to Data 1 Aragon Drainage improvements 100018 Construction 4,400,000 400,000 0 4.800,000 0 2 AshMle Park Drainage Improvements-Phase I 100022 Construction 12,000,000 0 0 12,000,030 0 3 Central Resort District-24th Street Culvert 100061 Design 100,000 0 0 100,030 5,100,000 4 Central Resort Redirect Stormwater to 16th St Pump Station 100275 Not Started 0 1,400,000 13,600,000 15,000,000 C 5 Central Resort District Drainage Improvements 100062 Not Started 800,000 0 0 800,000 92,000,000 6 College Park and Level Green Drainage Improvements 100126 Design 2,289,000 832,000 0 3,121,030 0 7 Eastern Shore Drive-Cape Henry Canal Phase II 100153 Design 3,800,000 4,300,000 0 8,100,000 0 8 Eastern Shore Drive-Elevate Lynnhaven Drive 100538 Not Started 0 0 3,600,000 3,600,000 0 9 Eastern Shore Drive-Lynnhaven Colony Park Pump Station 100167 Design 500,000 1,200,000 10,100,000 11,800,000 0 10 Eastem Shore Drive-Lynnhaven Drive Pump Station " 100150 Design 3,000,000 6,500,000 2,500,000 12,000,000 0 11 Eastern Shore Drive-Vista Circle Pump Station 100539 Not Started 0 0 14,300,000 14,300,000- 0 12 Eastern Shore Drive Drainage Phase I 100154 Construction 17,500,000 0 0 17,500,000 0 13 Lake Bradford/Chubb Lake 100229 Prelim.Eng. 4,336,400 1,084,100 5,420,503 10,841,000 21,159,030 14 North Lake Holly Watershed 100280 Construction 24,071,135 0 1,532,865 25,604,000 0 15 Princess Anne Plaza Drainage Improvements-Phase I 100315 Prelim Eng. 5,073,597 0 0 5,073,597 0 16 Princess Anne Plaza Golf Course Conversion 100516 Design 3,030,030 3,704,150 35,610,000 42,314,250 41,285,750 17 Princess Anne Plaza N.London Bridge Creek Pump Station 100517 Acquisition 7,500,000 500,030 44,876,300 52,876,300 16,023,700 18 Sea Level Rise/Recurrent Flooding Analysis 100365 Implementation 4,304,447 400,030 400,000 5,104,447 0 19 South Lake Holly Watershed 100388 Construction 16,009,587 0 0 16,009,587 0 II, Flood Control Projects w/ No Changes 0 Summary El Current Appropriated Project Phase to Date FY22 FY23—FY27 Total BTC m 12:2111=11151 2,200,000 500,000 9,492,000 12,192,000 ® 10D417 Prelim.Eng. 2,000,000!I 1 2,000,000 ®12=11:3121=2=11:3911=MI 1,500,000 . =MO 1,500,000 !ki. ® ••• 11 :1 5,200,000 5,200,000 m Windsor Woods Drainage m Design ® 0 25,672,000�. ®Windsor Woods Pump Station =NM. 500,OW_' •3 - ' 32,144,950 8,105,050 Ea WindsorWoods title Gate 100468 Utility Reloc. 9,350,000 1,650,000 11,000,000 0 April 20, 2021 49 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) AB II. Flood Control Programs w/ No Changes 0 Summary Project Project* ATD FY22 FY23 FY24 FY25 FY26 FY27 Total BTC IIAtlantic Ocean Watershed 100026 500,000 0 0 0 0 0 0 500,000 6,755,000 Stormwater Projects ©Elizabeth River Watershed 100540 0 0 0 500,000 0 865,000 0 1,365,000 11,435,000 Stormwater Projects IILittle Creek Watershed 100544 0 0 0 1,000,000 0 0 0 1,000,000 7,600,000 Stormwater Projects Lynnhaven River Watershed 100265 780,000 0 0 1,003000 0 0 0 1,780,000 28,020,010 Stormwater Projects INeighborhood SW 100273 5,772,401 383,248 442,854 414,469 456,369 449,469 445,149 8,363,959 0 Infrastructure Improvements II ilParcel Level Flood Mitigation 100504 1 500,000 500,003 500,000 500,000 500,000 500,030 500,000 4,500,000 0 Program IISouthem CanaVLesd Ditch& 100390 8,520,000 2,390,000 2,390,000 2,390,000 2,390,000 2,390,000 2,390,003 22,860,000 0 Culvert Improvements CISouthern RWers Watershed Stormwater Projects 100520 500,000 0 3,800,000 0 0 0 2,900,000 7,203000 8,700,CO3 NB II. Flood Control Projects w/ No Changes 0 . -_ Centrai Resort Redjrect Stormwater to 16th Street Pump Station • Project#100275 "f$ llF •Stormwater Drainage Improvements at Baltic Avenue - -� .' ;: and 21st Street Intersection ' t :Helps relieve flooding at intersection -�' - Redirects Stormwater from intersection to `" 16th Street Pump Station which outfalls to Atlantic Ocean 1I o , 1 b :St ormwater removed from the Lynnhaven River drainage �. -- .� , basin helps with Chesapeake Bay TMDL requirements of aw • MS4 permit - t Total Project Cost$15 M Appropriated FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total to Date FY22 Proposed - 1,400,000 1,900,000 6,600,000 3,800,000 1,300,000 - 15,000,000 April 20, 2021 50 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) II. Flood Control Projects w/ No Changes Windsor Woods Tide Gate •Project#100488 • Located on City Property Adjacent to Mount Trashmore Park y`s .e- • Improvements Include: :Four Gates—Total Width 60 feet t w J .Includes Interim Pumping Facilities —` -Design Underway—Approximately 90%Complete •Construction Scheduled to Begin—September 2021 Total Project Cost:$11 K, AppropriatedFY 22 FY 23 FY 21 FY 25 FY 26 FY 27 T to Date FY22 Proposed 9,350,000 1,650,000 - - - - 11,000,000 The next three (3) slides provide an overview of Proposed FY 2022-2027 Stormwater CIP Flood Control Projects/Program with Modifications: Proposed FY2022-2027 II. Flood Control Stormwater CIP Programs With Modifications April 20, 2021 51 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) NE II. Flood Control Programs w/ Modifications ,J SWM Master Planning,Analysis,and Inventory •Project#100436 •2 Phases i Y Inventory/Modeling Stormwater Infrastructure in - 15 Drainage Basins to identify deficiencies -/"..*.; t,- • —Phase Complete ` '?' i-Creating Master Plans for 15 Drainage Basins with x , I i %' prioritized projects to address deficiencies ! I ' -,./ —In process ii •^� •Costs increased due to number of simulated flooding •. - a " '‘',y 0.{+'• ii areas identified from modeling e •-as• +�'�V` PG • Additional funding needed to complete ' kN Master Plans for Upper North Landing River,London ,—.m S l - Bridge Creek and Western Lynnhaven River ' `_, Total Project Cost:$20M Appropriated FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total to Date FY21 Adopted 10,268,336 1,002,430 1,002,430 1,007,430 1,007,430 1,007,430 - 15,295,486 Change - 4,307,000 400,000 - - - - 4,707,000 FY22 Proposed 10,268,336 5,309,430 1,402,430 1,007,430 1,007,430 1,007,430 - 20,002,486 NE II. Flood Control Programs w/ Modifications Stormwater Green Infrastructure lipt MIME - Project 4100551 -�'----- Identified as an Adaptation Strategy in ',,.= Sea Level Wise Report - __ Costs increased to provide annual funding for % K^. ' ' implementation in all watersheds '�'3 _ _� =•" y=' _ �;,' •Marsh Terrace project underway in Back Bay +� ���� �(" -_ i� :Requires additional funding to begin construction t -?c' ea/(>A 11�4 ' 1 1, Total Project Cost:$40M BTC:$39.2M FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total FY22 Proposed 75,000 550,000 50,000 50,000 50,000 50,000 825,000 Additional Funding Needed 20,000,000 3.835.000 3,835.000 3.835,000 3,835.000 3.835,000 39,175.000 Total 20,075,000 4,385,000 3,885,000 3,885,000 3,885,000 3,885,000 40,000,000 April 20, 2021 52 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) The next three (3) slides provide an overview of Proposed FY 2022-2027 Stormwater CIP Flood Control New Projects: Proposed FY2O22-2027 II. Flood Control Stormwater CIP New Projects 0 II. Flood Control New Projects ,6 The Lakes-Holland Road Gate •Project#100418 ,Y ' "°'• • Flood Control Gate at culvert on west side of •- ' ' ro „? •.c ardor° Holland Road sg Existing Culvert drains Chimney Hill into The Lakes Gate creates additional storage rapacity in e.- t' The Lakes Canal `` •Storm Drain Improvements on Carew Road and Chimney Hill Boulevard Gaa s`°rage �JE F' A Roar!Gate Total Project Cost:$8.5 M 1 BTC o$4.5 M 111111 Appropriated FY 22 to Date 3 2 FY FY 26 FY 25 FY 26 FY 27 Total FY22 Proposed - - - - 1,030,000 581,000 2,348,000 3,959,000 April 20, 2021 53 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWA TER (FLOOD CONTROL/OPERATIONS/REG ULA TOR Y) ITEM#71494 (Continued) II. Flood Control New Projects • Stormwater Project Administration •Project#100578 • Project will provide contract funding to administer 'F.:- r---' _ 1 project controls for Stormwater CIP s. • :,;�, /./.• f°'n — = a Jl • Consultant Services Include: = e�e•... • Project and organizational oversight j; a Implementation of project management information system Oversight& Risk Development of a cash flow forecasting tool Facilitation Project Management Internal& OrganlZMlonal Controls Monito,Manage. External a Soppon MingNe Creation of preliminary risk management plan PTools RBrtin Ro e .. McMx Pr Next Steps x. Coordination of a status reporting process Total Project Cost:$2.0 M AppropMEOMPIWg FY 23 FY 24 Total to Dab FY22 Proposed - 2,000,000 - - - - - 2,000,000 Mrs. Utterback turned the presentation over to Mr.Jones: Proposed FY2022-2027 III. Operations & Stormwater CIP Maintenance Mark Jones, P.E. April 20, 2021 54 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER(FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) The next several slides provide an overview of Proposed FY 2022-2027 Stormwater CIP Operations & Maintenance Projects/Program with no Changes: Proposed FY2022-2027 III. Operations & Stormwater CIP Maintenance Projects/Programs With No Changes N III. O&M Projects w/ No Changes Project Current Appropriated Project Phase to Date FY22 FY23—FY27 Total BTC fl42n°Street Pump Station Outfalls 100010 Construction 4476522 0 0 4,476,522 0 ©Arctic Ave Drainage Improvements 100269 Design 2000000 0 0 2,000,000 0 ©Pinewootl Road Drainage Improvements 100505 M 1,000,000�i 1,000,000 April20, 2021 55 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATOR ITEM#71494 (Continued) NB III. O&M Programs w/ No Changes 0 Summary Project Project» ATD FY22 FY23 FY24 FY25 FY26 FY27 Total BTC 1 BMP Maintenance Program Phase I 100043 1,000,000 1,200,000 1,100,000 1,000,000 1,000,000 1,000,000 1,000,000 7,300,000 16,700,000 2 Canal Management Phase I 100053 500,000 2,000,000 500,003 500,000 500,000 500,000 500,000 5,000,000 45,000,000 3 Cave-In Repair Program 100380 2,000,000 4,000,000 0 0 0 0 0 6,000,000 3,000,000 4 Enhanced Neighborhood 100515 1,237,158 1,202,895 1,203,702 1,174,587 1,174,587 1,174,587 1,174,587 8,342,103 42,657,897 Rehabilitation—Phase I 5 Flood Mitigation Grant Program 100187 1,227,144 0 0 0 0 0 0 1,227,144 0 6 Flood Mitigation Grant Program II 100189 874,061 0 0 0 0 0 0 874,061 0 7 Flood Mitigation Grant Program III 100188 2,914,976 0 0 0 0 0 0 2,914,976 0 8 Flood Mitigation Grant Program IV 100557 803,061 0 0 0 0 0 0 803,061 0 9 Lake Management II 100232 42,103,084 4,947,652 3,307,611 3,307,611 3,307,611 4,947,652 4,947,652 66,868,873 4,920,123 10 Oceanfront Stormwater Facilities 100287 8,030,740 1,650,030 1,650,030 1,650,000 1,650,010 1,650,000 1,650,000 17,930,740 0 Maintenance it priImprovemary menSystemts11Infrastructure 100314 15,160,000 2,270,000 1,520,000 1,520,000 1,520,000 2,270,000 2,270,000 26,530,000 0 • 12 Residential Drainage Cost 100335 400,000 50,000 50,000 50,000 50,000 50,000 50,000 700,010 0 Participation II 13 Roadside Ditch Maintenance 100549 0 2,000,000 0 0 0 0 0 2,000,000 48,000,000 14 StorModifimwatercations Pump Station 300395 8,775,229 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 16,275,229 0 15 SW Infrastructure Rehab& 100405 51,356,982 5,750,000 5,000,010 5,000,000 5,000,000 5,750,000 5,750,000 83,606,982 0 Improvements II NB Ill. O&M Control Programs w/ No Changes ilk JIM Lake Management II •Project# 100232 Stratford Chase Lake#1 •Currently on a 95 Year Cycle •Maintain—400 Inland Non-Tidal BMP's tea t s •Goal 50 Year Cycle •—100+year current cycle due to FY23-FY25 funding reductions.(4.8M="'6-7 Lakes,2/year @750K) 4 e • Maintain Whitehurst Facility ! Z AN r-• Prcarammec Appropriated FY 22 FY 23 FY 24 FY 25 rillW FY 27 Total to Date FY22 Proposed 42,103,084 4,947,652 3,307,611 3,307,611 3,307,611 4,947,652 4,947,652 66,868,873 April 20, 2021 56 CITY MANA GER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) III. O&M Control Programs w/ No Changes Prinry System Infrastructure Improvements II ,r-. `. FY 20 Zone 0(Old Carolina -Project# 100314 Ditch) •Currently on a 12 Year Cycle �''r V-41 •Goal Year Cyclec�o •Maintain Off Road Ditches(ORD) v, xm prs.w • 15+year current cycle due to FY23-FY25 funding _ reductions.($2.25M="750K/YR reduction per annual ' zones based on$100/LF) it; 1 :;Avg.Programmed Cost/Yr:$1.9 Ml - Appropriated FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 -Total to Date FY22 Proposed 15,160,000 2,270,000 1,520,000 1,520,000 1,520,000 2,270,000 2,270,000 26,530,000 M3 Ill. O&M Control Programs w/ No Changes 0 - .astructure and Rehab Improvements II • Project# 100405 i". t /''k.'t l Cleveland Street M0,01ergta •Currently on a 50 Year Cycle It ,Ar A 14' t t • Maintain &Repair-'400 Neighborhood SW Systems A� .,; a(',1}, ,' t t+1a 3 r F, •Goal 15 Year Cycle I. ;lei 4 t4r ki„/14- );� ► t t 1,' A . F t,•-65+year current reductions.(2.25Mcycle dyeaor @750K)25 funding A +liti" `5 BS sa w t,„d'„Fa° a t9 R ',.. 1 'ost/Yr.$5.4 M Appropriated FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total to Date FY22 Proposed 51,356,982 5,750,000 5,000,000 5,000,000 5,000,000 5,750,000 5,750,000 83,606,982 April 20, 2021 57 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) Mr. Jones turned the presentation over to Mr. Milliken. Proposed FY2O22-2027 IV. Regulatory - Stormwater CIP Water Quality Jim Milliken, P.E. The next several slides provide an overview of Proposed FY 2022-2027 Stormwater CIP Regulatory Water Quality Projects/Program with no Changes: Proposed FY2O22-2027 IV. Regulatory - Stormwater CIP Water Quality Projects/Programs With No Changes 021 58 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) NE IV. Regulatory Projects w/ No Changes fifil Summary Project Current Appropriated Project M Phase to Date FY22 FY23—FY27 Total BTC ©BaYville Lake Water Quality Improvement Project 100032 Design 1,000,000 0 2,300,000 3,300,000 0 ©Lake Edward Water Quality Improvement Project 100543 Scoping 0 100,000 1,400,000 1,500,000 2,900,000 ©Lynnhaven River Basin Ecosystem Restoration Project 100263 Construction 10,500,000 1,400,000 2,600,000 14,500,000 0 IV. Regulatory Programs w/ No Changes 0 Summary Project Project 8 ATD FY22 FY23 FY24 FY25 FY26 FY27 Total BTC IElizabeth River Watershed 100161 6,435,150 550,000 600,030 800,000 500,030 400,000 100,000 9,385,150 0 Water Quality Projects Lynnhaven River Watershed 100264 3,733,367 500,000 500,000 503,000 1,750,033 1,750,000 1,900,000 10,633,367 0 Water Quality Projects II Southern Rivers Watershed 100391 3,200,000 1,200,000 1,200,000 1,400,000 1,850,000 1,850,000 1,850,000 12,550,000 0 Water Quality Projects IStorm Water Quality 100397 8,917,948 1,611,762 1,611,762 1,611,762 1,611,762 1,611,762 1,611,762 18,588,520 0 Enhancements II ISurface Water Regulatory 100404 10,231,942 2,400,000 2,400,000 2,400,000 2,400,000 2,400,000 2,400,000 24,631,942 0 Compliance Program IWater Quality Cost 100472 166,773 50,000 50,000 50,000 50,000 50,000 50,000 466,773 0 Participation Projects II April 20, 2021 59 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) IV. Regulatory Projects w/ No Changes 0 Lynnhaven River Basin Ecosystem Restoration Project •Project#100263 •Supports Chesapeake Bay and Lynnhaven River Restoration • Partnership with US Army Corps of Engineers •$40 M total cost;$14.5 M City commitment ♦'8 • Phase 1 implements:•SAV and Fringe Reef Habitat • 211 •Oyster Reef Habitat •Wetland Restoration •Phase 2 •Currently under design •Similar elements to Phase 1 in additional —• — 0 6 •Future phases _ Oab FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Total FY22 Proposed 10,500,000 1,400,000 1,200,000 800,000 250,000 250,000 100,000 14,500,000 Proposed FY2022-2027 IV. Regulatory - Stormwater CIP Water Quality Programs With Modifcations 130) April 20, 2021 60 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER(FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) Here is the only Regulatory Water Quality Project Being Modified: IV. Regulatory Projects Being Modified Storm Water Quality Enhancements II •Project#10039 i ,1u1 •Supports Water Quality Monitoring and implementation of TMDL Action Plans s - Ti let .y= • •Supports project planning through a 72 Y; - - - •Project Identification, •TJ •Project Validation,and 4 ry, • i + •Project Prioritization ,:, • • Reduced funding to establish 2 new CIPs: Jam, •Atlantic Ocean Watershed Water Quality Projects off} - •Little Creek Watershed Water Quality Projects hvy.rr',_ ned Cost/Yr:$1.6;. A tpriated FY 22 FY 23 FY 24 YI$' - FY 26 ""'"""'' Y27""" Total to Date FY21 Adopted 8,917,948 2,300,000 1,900,000 2,300,000 2,450,000 2,450,000 0 20,317,948 Change 0 -688,238 -288,238 -688,238 -838,238 -838,238 1,611,762 -1,729,428 FY22 Proposed 8,917,948 1,611,762 1,611,762 1,611,762 1,611,762 1,611,762 1,611,762 18,588,520 The next several slides provide an overview of Proposed FY 2022-2027 Stormwater CIP Regulatory Water Quality New Projects/Programs: Proposed FY2022-2027 IV. Regulatory - Stormwater CIP Water Quality New Projects/Programs April 20, 2021 61 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) IV. Regulatory Projects New Projects Atlantic Ocean Watershed Water Quality Projects(Program) •Project#100353 t , 1' •Supports Chesapeake Bay and Bacteria TMDL Pollutant 1 E I { I %. .1 Reductions required by the MS4 Permit •Projects: •Marshview Park Water Quality Improvement •Seatack Park Water Quality Improvement •Brooklyn Avenue Water Quality Improvement ler tot ammed Cost/Yr:$ ._ ed FY 22 FY 23 FY 24 FY 25 .FY 26 WIIIMPIWPIPTotal FY22 Proposed 500,000 200,000 200,000 200,000 200,000 200,000 200,000 1,700,000 IV. Regulatory Projects New Projects e •Project#100465 •Supports Chesapeake Bay and Bacteria TMDL Pollutant Reductions required by the MS4 Permit kittic�Crcek AIP Avg.Programmed Cost/Yr:$4`"- Appropriated FY 22 FY 23 FY 24 FY 25 WINPI - Total to Date FY22 Proposed 500,000 450,000 450,000 450,000 450,000 450,000 450,000 3,200,000 April 20, 2021 62 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) IV. Regulatory Projects New Projects Chatham Hall Water Quality Improvement Project •Project#100566 'FA •Enhances the existing lake by adding water quality features,like sediment forebays,wetland areas,and ; aeration • •Project Pollutant Benefits • • •TP:971bs/yr 7e. •TN:335 lbs/yr •TSS:11,940 lbs/yr •Supports Chesapeake Bay and Bacteria TMDL Pollutant ._ Reductions required by the MS4 Permit •Design Underway—Approximately 90%Complete•Construction Scheduled to Begin—October 2021 Total Project Cost:$2.3M to Date FY22 Proposed 2,000,000 260,000 - - - - 2 2ao.COU IV. Regulatory Projects New Projects C Kem•s Lake Water Quality Improvement Project •Project#100567 •"°' 0 •Enhances the existing lake by adding water quality features,like sediment forebays,wetland areas,and aeration -- •Project Pollutant Benefits •TP:329 lbs/yr y -yNOW •TN:1,312 lbs/yr x„ •TSS:242,120lbs/yr ri'4 •Supports Chesapeake Bay and Bacteria TMDL Pollutant Reductions required by the MS4 Permit •Design Underway—Approximately 100%Complete •Construction Scheduled to Begin—October 2021 I Total Project Cosi:4.)4;v. !tsated FY 22 FY 23 FY 24 FY 25'' eat" ��.-..v��n Totai_.-:. FY22 Proposed 4,800,000 640,000 - - - - - 5,140,000 April 20, 2021 63 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) Proposed FY2O22-2027 V. Challenges Stormwater CIP 0 Here are the Stormwater Challenges: W VI. Stormwater Challenges 0 Summary •Prioritizing Flood Control Projects , .tz. •Balancing the need for new infrastructure vs maintaining the "---' r existing infrastructure •Preparing for a future with more frequent and intense rainfall I16' - itio '—�'�R events and higher sea levels !1-1. , , Da U �l..t •Funding for current and future maintenance requirements F+ J,""7q �.J lk,7 f •Potential increased requirements in 2021 MS4 permit t- 3ppi : io _ , April 20, 2021 64 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) STORMWATER (FLOOD CONTROL/OPERATIONS/REGULATORY) ITEM#71494 (Continued) 39 Discussion • Mayor Dyer expressed his appreciation to Mrs. Utterback,Mr.Jones and Mr.Milliken for the presentation. April 20, 2021 65 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#71495 3:20 P.M. Due to time constraints, this presentation has been re-scheduled April 20, 2021 66 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP)ROADWAYS ITEM#71496 3:20 P.M. Due to time constraints, this presentation has been re-scheduled April 20, 2021 67 CITY MANAGER'S BRIEFINGS FY 2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) PARKS AND RECREATION ITEM#71497 3:20 P.M. Due to time constraints, this presentation has been re-scheduled April 20, 2021 68 CITY MANAGER'S BRIEFINGS FY2021-22 CAPITAL IMPROVEMENT PROGRAM(CIP) ECONOMIC AND TOURISM DEVELOPMENT ITEM#71498 3:20 P.M. Due to time constraints, this presentation has been re-scheduled April 20, 2021 69 CITY COUNCIL COMMENTS ITEM#71499 3:21 P.M. Council Member Moss advised earlier today he met with Deputy City Manager Williams, Mr. Tajan and Mrs. Wilson to discuss re-constituting the Stormwater Appeals Board and plans to bring a proposal forward in June for consideration and approval. April 20, 2021 70 CITY COUNCIL COMMENTS ITEM#71500 (Continued) Council Member Berlucchi advised he recently received a post card in the mail related to the City's pandemic relief partnership and wanted to recognize the success of the non-profit partnership, adopted by the Body, and remind citizens of the various resources available which includes:mortgage assistance,food, rent, utility costs, child care, health care costs and job training. Council Member Berlucchi encouraged anyone in need of services to visit vbrelief org. April 20, 2021 71 AGENDA REVIEW SESSION ITEM#71501 3:23 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service District(SSD) and AUTHORIZE the REFUND of SSD Levies 2. Resolution to ESTABLISH a Citizens Review Panel Task Force (Requested by Council Member Wooten) 3. Ordinance to AMEND City Code Sections 35-144, 35-166, and 35-192 re Statutory Assessment Notices for the delivery of meals, transient occupancy, and Admissions Tax 4. Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA)for the contribution of funds to the Department of the Army re Rudee Inlet Maintenance Dredging 6. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority(VBDA)APPROVE the Extension 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(Deferred from April 6, 2021) 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(Deferred from April 6, 2021) 9. Ordinance to ESTABLISH two(2) Capital Projects and TRANSFER$1.87-Million from the City Council Special Pandemic Relief and Vaccine Support Reserve re support police initiatives 10. Ordinance to APPROPRIATE$4.6-Million from the Fund Balance of the Subscriptions Internal Service Fund to the FY 2020-21 Information and Technology Operating Budget re costs associated with relocation and modernization of the City's data center and the establishment of an off-site data center J. ORDINANCES/RESOLUTIONS: ITEMS#2, 7, 8 and 9 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER ABBOTT WILL VOTE NAY ON ITEM#6 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#6 April 20, 2021 72 AGENDA REVIEW SESSION ITEM#71501 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. GEORGE RANDOLPH WEBB, JR AND LELIA GRAHAM WEBB for a Street Closure re 25- foot by 125-foot portion of Holly Road adjacent to 401 49`"Street DISTRICT 5—LYNNHAVEN 2. DAM NECK STORAGE,LLC for a Modification of Proffers re expand the office warehouse and a Conditional Use Permit re bulk storage yard at 1441 London Bridge Road DISTRICT 3—ROSE HALL 3. PRESMONT CONSTRUCTION SERVICES, LLC/KS'SHORE, LLC for a Conditional Use Permit re automobile service station at 4769 Shore Drive DISTRICT 4—BAYSIDE K.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY April 20, 2021 73 ITEM#71502 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provisions of legal counsel pursuant to Section 2.2-3711(A)(8) • Citizens Review Panel CYBERSECURITY MATTERS: Discussion of plans to protect public safety as it relates to specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety ofpersons using such facility, building or structure pursuant to Section 2.2-3711(A)(19). • Cybersecurity Update PERSONNEL MATTERS:Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees April 20, 2021 74 ITEM#71502 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:27 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 3:27 P.M. — 3:46 P.M. Closed Session 3:46 P.M. — 5:43 P.M. April 20, 2021 75 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 20, 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 20, 2021, at 6:00 P.M. Council Members Present: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. April 20, 2021 76 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. April 20, 2021 77 ITEM— V.E CERTIFICATION ITEM#71503 Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Vice Mayor James L. Wood—stepped out during vote *Council Member Henley advised she felt the discussion went beyond the topic *Council Member Moss stepped out during the discussion of Publicly Held Property in the Beach District due to a conflict of interest. April 20, 2021 01A•Bz4c, a .;dam -�. G� Ok �= G� s: / , C. 5r J OF OUR Nolo° 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#71502 Page 74 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 anda B es, MMC City Clerk April 20, 2021 78 ITEM— V F.1 MINUTES ITEM#71504 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the SPECIAL SESSION of March 30, 2021 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Vice Mayor James L. Wood—stepped out during vote April 20, 2021 79 ITEM— V.F.2 MINUTES ITEM#71505 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 6,2021 Voting: 9-0 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 and Sabrina D. Wooten Council Members Abstaining: Jessica P.Abbott Council Members Absent: Vice Mayor James L. Wood—stepped out during vote April 20, 2021 80 ITEM— V.G.1 MAYOR'S PRESENTATION ITEM#71506 RESOLUTION IN RECOGNITION DAVID A. BRADLEY Mayor Dyer welcomed Mr. Bradley and read the Resolution recognizing Mr. Bradley's thirty-two (32) years of service to the City. Mr. Bradley served the majority of his career in Budget and Management Services, serving as Director from 2016 until 2019, when he became Deputy City Manager of Infrastructure. Mr. Bradley exemplified the tenets of public service by holding varied positions in the City and remained committed to upholding the City's fiscal security and providing effective services to the City and its citizens. Mr. Bradley's vast knowledge and dedication to completing countless number of projects leaves a remarkable record of accomplishment behind. On behalf City Council,Mayor Dyer expressed the Body's appreciation for Mr. Bradley's outstanding contributions to the City and congratulated him on his retirement. Mr. Bradley expressed his appreciation to City Council for this recognition and their continuous support throughout his career. Mr.Bradley believes it was divine intervention that he was able to come to the City and advised he always focused on the critical fiscal integrity of the City's finances. Mr. Bradley expressed his appreciation to his wife and their two (2) daughters for their support and advised his wife is also celebrating her retirement from Virginia Beach City Public Schools. April 20, 2021 t r Ss 1 co yt9 k: e:' e s Up OUR RRIS°N' RESOLUTION WHEREAS:David Bradley began his long and successful career with the City on September 1,1988;and WHEREAS:He earned a Bachelor of Science in Business Administration,and a Master of Business Administration from East Carolina University,and remains a loyal Pirates fan to this day;and WHEREAS:Since 2019,he has served as Deputy City Manager of Infrastructure,which includes the Departments of Public Works,Public Utilities,Information Technology,Finance and Budget and Management Services;and WHEREAS::David served the majority of his career with Budget and Management Services, serving numerous roles including Budget Analyst,Management Services Administrator(Deputy Director),and finally Director from October 2016 to September 2019;and WHEREAS:While serving as Director of Budget and Management Services,he provided strategic direction for the City's Operating Budget of$2.1-Billion and Capital Improvement Program of$3.4-Billion,which included developing funding plans for resort areas private/public partnerships and storm water capital project deficiencies;and WHEREAS: David served two times as Management Services Administrator (Deputy Director)from June 2001 to December 2006 and August 2007 to September 2016, with responsibilities ranging from coordinating the Lynnhaven Mall Expansion Project,acting as Project Manager for the Tidewater Community College Expansion Project,and managing the relocation of Operation Smile's headquarters to Virginia Beach;and WHEREAS:David has exemplified the tenets ofpublic service by holding varied positions in the City,including the Interim Director of Economic Development,Administrative Services Manager in Parks and Recreation,and Public Utilities Finance Officer;and WHEREAS:David has been committed to upholding the City's fiscal security and providing effective services to the City and its citizens;along with his vast knowledge and countless number of projects completed throughout his Virginia Beach career,he leaves a remarkable record of accomplishment behind;and WHEREAS:On this day,we honor a public servant and leader who deserves our recognition for all that he has done for the City of Virginia Beach. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to DAVID A.BRADLEY for his outstanding contributions to our City and extends its congratulations on the occasion of his retirement from government service. Given under our hands this 20'h day of April,2021. w... 4.1., iii. Council94 er Jessica(P.A66ott Council9tem6er Michael-T.Bedduct&i Council-9Kem6erBar6ara.94.71 AV— i A ' CouncifMem6er A uis It Jones u 'Ken erjofn D.Moss CouncifMem6erAaron R.Rouse • Council Member Guy IC,'Tower CouncifMemferWps ry'Wifson Council-liem6erSa na a).Wooten . I g Vice lames Wood Mayor4ty6ert .°Bo6 er 81 ITEM— V.H.1 PUBLIC HEARINGS ITEM#71507 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION, BY AGREEMENT OR CONDEMNATION Temporary and permanent easements re West Neck Road Phase IV Project, CIP#2-088 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 20, 2021 82 ITEM— V.H.2 PUBLIC HEARINGS ITEM#71508 Mayor Dyer DECLARED a PUBLIC HEARING: MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD) re HURD'S COVE 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 20, 2021 83 ITEM— V.I. FORMAL SESSION AGENDA ITEM#71509 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: 1, 3, 4, 5, 6 and 10 and Planning Items K: 2 and 3 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J: 1, 3, 4, 5, 6 and 10 and Planning Items K: 2 and 3 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None J. ORDINANCES/RESOLUTIONS: ITEMS#2, 7, 8 and 9 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER ABBOTT WILL VOTE NAY ON ITEM#6 COUNCIL MEMBER MOSS WILL VOTE NAY ON ITEM#6 K.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY April20, 2021 84 ITEM— V.J.1 ORDINANCES/RESOLUTIONS ITEM#71510 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging Special Service District(SSD)and AUTHORIZE the REFUND of SSD Levies Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT TO REMOVE 931 HURDS RD (GPIN 4 1498129490000), AND TO AUTHORIZE THE REFUND OF 5 SSD LEVIES 6 7 WHEREAS, the City Council established the Hurd's Cove Special Service District 8 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015; 9 10 WHEREAS, due to significant wetlands mitigation concerns, the SSD requires 11 modification to remove one parcel from the SSD; and 12 13 WHEREAS, in the City's July 2019 general obligation bond sale, the new money 14 bonds had a true interest cost of 2.26%; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the boundaries of the Hurd's Cove SSD are hereby modified to reflect the 20 map attached hereto as "Attachment A," with a GPIN and address of the parcel to be 21 removed in "Attachment B." 22 23 2. That the parcel removed from the SSD shall be issued a refund from Capital 24 Project #100210, "Hurds Cove Neighborhood Dredging" and such refund shall include 25 interest using the amount of the City's most recent general obligation bond sale 26 compounded annually. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of April , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED A TO CONTENT: City Treasurer's Office Public Works APPROVED AS TO LEGAL SUFFICIENCY: City Att ey's Office CA15371 R-1 April 8,2021 N ,/' \ E ..____/ , _______., , w _ T 1 ; ' -"lit" $ ® -.4 \ yr '• CD \ 4 a ' , 1 ->e -_ ,.4,.. , , _, „,,, , _„. ,4ii, . , . . , __._ / 7 x(z\A \ �b® ® ® \ 4 0 11411114%W ---' \ 1Hurds Rtl '414f Q/11 /* Ilr/- ® 11.6 GPIN:14981294940000 410 \ 460) !" 112 <\ (___ -- (--- ____\ , ' limo rid 0\41111114p,fel 0 1-' ' 6 4111 1 : I 40, .N. \ , ___ % _ ___ i N t 40 ®> � y,——:: / ---—: - / -\i Am Al VW ito/A1, . ._ ro i --.4",„„,_ - . . , „ ,,, ,,,,, ... , w 0 ,11.111114,ii7,------4rN /., 1/4s,c, ..e.. , \e/ .' ., . • av,4v/ / '?-4, • \ ,______ a 11) ( li ir�� • Legend / Main Channel f ®City Funded Spur - )11 , :-Neighborhood Funded Spur \. ` I / +` -\ aRemoved Channels �V�� — / II i El Property to be Removed ��J- 0 ,i i ' � 7�, 1 Study Area Property I } 1"T � / 7, /�7,I _.- // Property Lines �" Lk\ j y � ��� J /jy il Buildings E_ I T / \ / ,� j / City Property S ° 7000°PITT Hurds Cove Neighborhood Dredging- March 2021 M''.. 69 Properties "Attachment A" ATTACHMENT B Hurds Cove SSD Property to be Removed from Program March 2021 1 Property GPIN Address 14981294940000 931 HURDS RD 85 ITEM— V.J.2 ORDINANCES/RESOLUTIONS ITEM#71511 The following registered to speak: Barbara Messner, P. O. Box 514, Phone: 213-6674, spoke in OPPOSITION Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Susan Hippen, 5909 Cold Harbor Court, Phone: 679-1286, spoke in SUPPORT Katherine Loring, 1369 Stephens, Phone: 619-4093, spoke in SUPPORT Angie Day, 613 Hunters Bridge Road, Phone: 944-1734, spoke in SUPPORT Pastor Terrance Williams, 100 Palm Beach Place, Phone: 241-0547, spoke in SUPPORT Vincent Smith, 985 Wasserman Drive, Phone: 540-847-4766, spoke in OPPOSITION Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in SUPPORT Veronica Coleman, 6184 Singleton Way, Phone: 572-4391, spoke in SUPPORT Cameron Bertran, 2607 West Avenue, Newport News, Phone: 650-5135, spoke in SUPPORT JaPharii Jones, Phone: 880-3276, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT LaToya Breckenridge, P. O. Box 3186, Hampton, Phone: 376-9109, spoke in SUPPORT Jessica Owens, 4004 Lake Ridge Circle, Phone: 621-3305, spoke in SUPPORT Dr. Theron Williams, P. O. Box 62914, Phone: 287-6218, spoke in SUPPORT Patricia Gadzinski, 2005 Plowshares Court, Phone: 343-4431, spoke in SUPPORT Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, spoke in SUPPORT Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in SUPPORT Susan Loesberg, 1177 Starr Way, Phone: 641-3210, spoke in SUPPORT Jay Boone, spoke in SUPPORT Upon motion by Council Member Wooten, seconded by Council Member Rouse, City Council ADOPTED, AS AMENDED, Resolution to ESTABLISH a Citizens Review Panel Task Force (Requested by Council Member Wooten) Voting: 6-5 Council Members Voting Aye: Jessica P. Abbott, Louis R.Jones,John D. Moss,Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None April 20, 2021 AMENDED BY MOTION REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION ESTABLISHING A CITIZENS REVIEW 2 PANEL TASK FORCE 3 4 WHEREAS, in 1991, the Investigation Review Panel ("IRP") was created to look 5 into claims of improper police behavior; 6 7 WHEREAS, the purpose of the IRP is to ensure that reports and conclusions of 8 the Police Department's Internal Affairs Office investigations involving abuse of authority 9 or other serious misconduct are complete, accurate, and factually supported, and, 10 accordingly, the IRP is currently authorized to review Internal Affairs investigations; 11 12 WHEREAS, last year, the General Assembly approved a bill, with an effective date 13 of July 1, 2021, that authorizes the governing body of a locality to establish a law- 14 enforcement civilian oversight body with additional duties, including the ability to 15 independently investigate complaints by civilians; and 16 17 WHEREAS, the City Council would benefit from receiving recommendations of a 18 task force of stakeholders that would study the following issues with respect to the 19 additional duties authorized by the new state legislation: 20 21 1. The difference between investigatory power and subpoena power, and whether 22 investigatory power can be utilized without subpoena power; 23 24 2. The purpose and designation of a budget for the citizens review panel; 25 26 3. The impact of a citizens review panel on the Police Department; 27 28 4. Identifying the best model that the City of Virginia Beach should adopt; and 29 30 5. Other pertinent topics regarding the development of the citizens review panel; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the City Council hereby establishes the Citizens Review Panel Task Force. 36 37 2. That the task force shall serve in an advisory capacity to the City Council, and 38 the City Council shall appoint its members. 39 40 3. That the task force shall consist of eleven members. 41 42 4. That the task force shall study the five topics listed above, gather public 43 feedback from the community, and report back to the City Council with its 44 recommendations on those five topics no later than June 1, 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of April , 2021. APPROVED AS TO LEGAL SUFFICIENCY: , ov&fAe.4 City Attomey's Offic CA15374 R-4 April 21, 2021 86 ITEM— V.J.3 ORDINANCES/RESOLUTIONS ITEM#71512 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 35-144, 35-166, and 35-192 re Statutory Assessment Notices for the delivery of meals, transient occupancy, and Admissions Tax Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 1 AN ORDINANCE TO AMEND SECTIONS 35-144, 35- 2 166 AND 35-192 OF THE CITY CODE REGARDING 3 THE DELIVERY OF MEALS, TRANSIENT 4 OCCUPANCY, AND ADMISSIONS TAX STATUTORY 5 ASSESSMENT NOTICES 6 7 Sections Amended: §§ 35-144; 35-166; and 35-192 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT 11 12 Sections 35-144, 35-166, and 35-192 of the City Code are hereby amended and 13 reordained to read as follows: 14 15 Sec. 35-144. Procedure upon failure to report, etc. 16 17 (a) If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed 18 under this article and to make, within the time provided in this article, the reports and 19 remittances mentioned in this article, the commissioner of the revenue shall obtain facts 20 and information necessary to create an estimate of the tax due. Within ten (10) days from 21 the date the tax was due, he shall proceed to determine and assess against such person 22 the tax and late filing penalty established at section 35-140(b), and shall notify such 23 person, by hand delivery, facsimile, first-class or certified electronic mail, of the total 24 amount of such tax and penalties; a copy of the assessment shall be delivered 25 simultaneously to the treasurer. The total amount thereof shall be payable immediately, 26 and the treasurer shall proceed to collect same as authorized by law. 27 28 .... 29 30 Sec. 35-166. Procedure upon failure to report, etc. 31 32 (a) If any person, whose duty it is so to do, shall fail to make, within the time provided 33 in this article, any report required by this article, the commissioner of the revenue shall 34 obtain facts and information necessary to create an estimate of the tax due. Within ten 35 (10) days from the date the tax was due, he shall proceed to determine and assess 36 against such person the tax and the late filing penalty established at section 35-162(b), 37 and shall notify such person, by hand delivery, facsimile, first-class or certified electronic 38 mail, of the total amount of such tax and penalties, and a copy of the assessment shall 39 be delivered simultaneously to the treasurer. The total amount thereof shall be payable 40 immediately, and the treasurer shall proceed to collect same as authorized by law. 41 42 .... 43 44 Sec. 35-192. Procedure upon failure to collect, report, etc., taxes. 45 46 (a) If any person, whose duty it is so to do, shall fail to make, within the time provided 47 in this article, any report required by this article, the commissioner of the revenue shall 48 proceed in such manner as he may deem best to obtain facts and information necessary 49 to create an estimate of the tax due. Within ten (10) days from the date the tax was due, 50 he shall proceed to determine and assess against such person the tax and the late filing 51 penalty established at section 35-187(b) and shall notify such person, by hand delivery, 52 facsimile, first-class or-seAired electronic mail, of the total amount of such tax and 53 penalties, and a copy of the assessment shall be delivered simultaneously to the 54 treasurer. The total amount thereof shall be payable immediately, and the treasurer shall 55 proceed to collect same as authorized by law. 56 57 .... 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of April , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commissioner of Revenue City A y's Office CA15376 R-2 April 8, 2021 87 ITEM— V.J.4 ORDINANCES/RESOLUTIONS ITEM#71513 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 1 A RESOLUTION TO AMEND THE COST ALLOCATION 2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, 3 HAMPTON, NEWPORT NEWS, NORFOLK, PORTSMOUTH, 4 VIRGINIA BEACH, AND THE TRANSPORTATION DISTRICT 5 COMMISSION OF HAMPTON ROADS 6 7 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 8 Portsmouth, and Virginia Beach (collectively, the "Participating Cites"), and the 9 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 10 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); 11 12 WHEREAS, the Allocation Agreement, among its other provisions, defines how state 13 and federal funding received by HRT is allocated to the Participating Cities for the capital 14 and operating costs associated with acquiring, consolidating, rehabilitating, operating and 15 expanding public transportation facilities and services for the Hampton Roads Region; 16 17 WHEREAS, the Allocation Agreement currently requires HRT to distribute its eligible 18 federal and state funding to each Participating Cities on a pro rata basis based on the 19 annual cost to provide transit services and the level requested by each Participating City; 20 21 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities 22 through strategic allocation of its eligible state and federal funding; 23 24 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 25 allocate its state and federal funding amongst the Participating Cities; 26 27 WHEREAS, the Allocation Agreement may be amended, via a resolution from each 28 Participating City, to permit HRT to strategically allocate its eligible state and federal 29 funding; 30 31 WHEREAS, the City of Virginia Beach desires to modify and amend the Allocation 32 Agreement so that HRT may help mitigate adverse financial impacts to it and the other 33 Participating Cities in fiscal year 2022. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA THAT: 37 38 1) Beginning July 1, 2021 and continuing until June 30, 2022 ("Effective Period"), 39 which corresponds with HRT's fiscal year 2022, HRT is authorized to strategically allocate 40 its available and eligible federal and state funding, to the City of Virginia Beach. 41 42 2) During the Effective Period, the City agrees to modify the Allocation Agreement. 43 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and replaced as 44 follows: 45 46 Article IX. Allocation of Revenues 47 [* * *] 48 D. Federal funds received to reimburse net eligible operating expenses will be 49 strategically allocated to each Participating City. Eligible federal funds, in 50 combination with eligible state funds, will be allocated on an annual basis, in such 51 combinations and amounts to be determined by the Commission. Subject to the 52 requirements of Article X, and in the event eligible federal funds are available, such 53 funds will be allocated to the Participating Cities to offset any deficiencies between 54 the estimated Local Share in each Participating City TSP and the actual Local Share 55 determined by the Commission at the end of each of the fiscal year. 56 57 E. State funds received to reimburse net eligible operating expenses will be 58 strategically allocated to each Participating City. Eligible state funds, in combination 59 with eligible federal funds, will be allocated on an annual basis, in such 60 combinations and amounts to be determined by the Commission. Subject to the 61 requirements of Article X, and in the event eligible state funds are available, such 62 funds will be allocated to the Participating Cities to offset any deficiencies between 63 the estimated Local Share in each Participating City TSP and the actual Local Share 64 determined by the Commission at the end of the fiscal year. 65 66 3) During the Effective Period, the City agrees to modify Article X, Calculation of 67 Local Share of Operating Costs, of the Cost Allocation Agreement and add section (C) as 68 follows: 69 70 Article X. Calculation of Local Share of Operating Costs 71 [* ' *] 72 C. The fiscal year of the Commission shall begin on July 1 and conclude on June 73 30. In the event the actual total local share of Local Funds is less than the budgeted 74 total local share of Local Funds for a Participating City, after the Commission has 75 strategically allocated fcd;.:u' and state funds in FY2022 ("Surplus"), then such 76 Surplus shall be refunded in full by the Commission to that Participating City on or 77 before August 1, 2023. 78 79 In the event the actual total local share of Local Funds exceeds the budgeted total 80 local share of Local Funds for a Participating City, after the Commission has 81 strategically allocated federal and state funds in FY2022 ("Deficit"),then such Deficit 82 shall be paid in full by the Participating City to the Commission on or before August 83 1, 2023. 84 85 4) Except for the obligation for the Commission to pay any surplus to the City of 86 Virginia Beach or the City to pay any deficit to the Commission by August 1, 2023, on July 87 1, 2022, all amendments to the Allocation Agreement contemplated by this Resolution shall 88 automatically terminate, be deleted from the Allocation Agreement and of no further effect. 89 90 5) That this Resolution shall be in effect from and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of _ April , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I udB get and anagement ervices L_ 's Office CA15362/ R-1 /March 25, 2021 88 ITEM— V J.5 ORDINANCES/RESOLUTIONS ITEM#71514 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) for the contribution of funds to the Department of the Army re Rudee Inlet Maintenance Dredging Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR RUDEE INLET MAINTENANCE 5 DREDGING 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute funds to the Department of the Army for a project such 9 as the Rudee Inlet Maintenance Dredging; 10 11 WHEREAS, the U.S. Army Corps of Engineers has proposed a Memorandum of 12 Agreement for the City to contribute funds for the dredging of the Rudee Inlet federal 13 channel and sand placement on the Croatan and Resort beaches; 14 15 WHEREAS, the current estimated City contribution in the Memorandum of 16 Agreement is $1,250,000; and 17 18 WHEREAS, the Memorandum of Agreement serves many public interests 19 including the protection of property, the enhancement of the City's natural resources, and 20 the encouragement of commerce and tourism. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA, THAT: 24 25 The City Manager is hereby authorized and directed to execute a Memorandum of 26 Agreement for the contribution of funds in the amount of$1,250,000 with the Department 27 of the Army, and a copy of the Memorandum of Agreement is attached hereto and 28 incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of April , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - L= -- - Department o• Public Works City m s Office CA15375 R-1 April 8, 2021 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF VIRGINIA BEACH TO ACCEPT CONTRIBUTED FUNDS FOR CERTAIN ACTIVITIES AT RUDEE INLET FEDERAL NAVIGATION PROJECT THIS MEMORANDUM OF AGREEMENT (hereinafter this "MOA")is entered into this day of , 2021,by and between the Department of the Army(hereinafter the"Government"), represented by the District Commander for Norfolk District(hereinafter the "District Commander"), and the City of Virginia Beach(hereinafter the "Contributor"), represented by the City Manager,together"the Parties". WITNESSETH, THAT: WHEREAS,the Government is authorized to operate,maintain, repair, restore, and replace Rudee Inlet Federal Navigation Project (hereinafter the"Project") authorized by Section 354 of the Water Resources Development Act of 1996, Public Law 104-303; WHEREAS, Section 1024 of the Water Resources Reform and Development Act of 2014, as amended (33 U.S.C. 2315a), authorizes the Government to accept and use funds contributed by a non-Federal public entity, a nonprofit entity, or a private entity to repair, restore, replace, or maintain a water resources project if the District Commander determines that there is a risk of adverse impacts to the functioning of the project for its authorized purposes and acceptance of the funds is in the public interest; WHEREAS, the Contributor considers it in its own interest to contribute funds voluntarily to be used by the Government to perform maintenance dredging for the Project (hereinafter the"Contributed Funds Work"); and WHEREAS, on 5 June 2020, the District Commander determined that there is a risk of adverse impacts to the functioning of the Project for its authorized purposes and acceptance of the funds from the Contributor is in the public interest. NOW, THEREFORE, the Government and Contributor agree as follows: 1. Within thirty (30) calendar days of execution of this MOA, the Contributor shall provide to the Government the sum of$1,250,000.00, which is the estimated cost of the Contributed Funds Work. The Contributor shall provide the funds to the Government by delivering a check payable to"FAO, USAED,Norfolk(E4)"to the District Commander or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. While the Government will endeavor to limit costs associated with the Contributed Funds Work under this MOA, the Parties acknowledge that claims or other unforeseen circumstances may affect costs associated with the Contributed Funds Work. If the Government determines that the actual costs of the Contributed Funds Work will exceed the amount provided by the Contributor, the Parties shall consult in determining how to proceed, and the Contributor, at its sole discretion, may provide additional funds for the Contributed Funds Work. 2. The Government shall not commence any Contributed Funds Work until all applicable environmental laws and regulations have been complied with, including, but not limited to,the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and Section 401 of the Clean Water Act (33 U.S.C. 1341). 3. The Government shall provide the Contributor with quarterly reports of obligations for the Contributed Funds Work. The first such report shall be provided within thirty(30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty(30) calendar days after the final day of each succeeding quarter until the Government concludes all Contributed Funds Work under this MOA. 4. Upon conclusion of the Contributed Funds Work and resolution of all relevant claims and appeals, the Government shall complete a final accounting of the costs of such Contributed Funds Work and furnish the Contributor with written notice of the results of such final accounting. If the costs of the Contributed Funds Work are less than the amount of funds provided by the Contributor, the Government shall refund the excess to the Contributor within thirty(30) calendar days of such written notice. 5. No credit or repayment is authorized, nor shall be provided, for any funds provided by the Contributor and obligated by the Government for the Contributed Funds Work. 6. Nothing herein shall constitute, represent, or imply any commitment to budget or appropriate funds for the Project in the future; and nothing herein shall represent, or give rise to, obligations of the United States. 7. In the exercise of their respective rights and obligations under this MOA, the Government and the Contributor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. 8. Notices. a. Any notice, request, demand, or other communication required or permitted to be given under this MOA shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail, with return receipt, as follows: If to the Contributor: City Manager City of Virginia Beach, Virginia 2401 Courthouse Drive 1 Virginia Beach, Virginia 23456-9001 If to the Government: District Engineer Norfolk District, U.S. Army Corps of Engineers 803 Front Street Norfolk, Virginia 23510-1096 b. A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. 9. The Parties agree to use their best efforts to resolve any dispute in an informal fashion through consultation and communication. If the Parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the Parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the Parties from performance pursuant to this MOA. 10. This MOA may be modified or amended only by written,mutual agreement of the Parties. IN WITNESS WHEREOF,the Parties hereto have executed this MOA,which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY CONTRIBUTOR BY: BY: Patrick V. Kinsman,PE Patrick A. Duhaney Colonel,U.S. Army City Manager Commanding City of Virginia Beach DATE: DATE: 2 89 ITEM— V.J.6 ORDINANCES/RESOLUTIONS ITEM#71515 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND that the Virginia Beach Development Authority(VBDA)APPROVE the Extension Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: None April 20, 2021 1 RESOLUTION APPROVING AN EXTENSION OF 2 THE TOWN CENTER OPTION AGREEMENT 3 AND RECOMMENDING THAT THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 APPROVE THE EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City 9 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued 11 development of the Central Business District Project known as The Town Center of 12 Virginia Beach (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize 18 development potential for a mixed-use, pedestrian-oriented, urban activity center 19 with mid-to-high-rise structures that contain numerous types of uses, including 20 business, retail, residential, cultural, educational and other public and private uses; 21 22 WHEREAS, the Authority and the Developer have entered into an option 23 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 24 and conditions by which the Developer can acquire Authority-owned land for the 25 Project (the "Option Land"); 26 27 WHEREAS, as set forth in the latest modification to the Option Agreement 28 dated July 1, 2018, the Developer's right to acquire the Option Land expires on April 29 30, 2021, and prior to such acquisition, the Developer must present an acceptable 30 plan for development of the Option Land to the City Council and the Authority; 31 32 WHEREAS, the Developer has requested an extension of time to acquire the 33 remaining Option Land to April 30, 2021; 34 35 WHEREAS, the Authority will consider approval of the extension of the Option 36 Agreement at its April 20, 2021 meeting, subject to approval by City Council; and 37 38 WHEREAS, City Council is of the opinion that the requested extension will 39 allow for the continued development of the Project to the benefit of the City. 40 41 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA; 43 44 That City Council approves the execution of a modification of the Town 45 Center of Virginia Beach Option Agreement between the City of Virginia Beach 46 Development Authority (the "Authority") and Town Center Associates, L.L.C., so long 47 as such modification is consistent with the Summary of Terms attached hereto as 48 Exhibit A, and made a part hereof, and such other terms, conditions or modifications 49 as may be acceptable to the City Manager and in a form deemed satisfactory by the 50 City Attorney. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 53 day of April , 2021. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City me Economic Development CA15219 V:\eppliationakitylnwprodlcycom32 wpdOp\DMP004W0000226.110C R-1 April 6, 2021 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the"Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) / GPIN: 1477-45-7094 Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Term of Option: Option must be exercised by April 30, 2021 Conditions of Exercise: TCA can only exercise option if: TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; PROPOSED MODIFICATION: Block 2: Term of Option extended by three years to April 30, 2024. 90 ITEM— V.J.7 ORDINANCES/RESOLUTIONS ITEM#71516 The following registered to speak: Carl Eason,Attorney for the Applicant, 200 Bendix Road, Phone: 554-0223, spoke in SUPPORT Melanie Boyd, 2812 Wood Duck Drive, Phone: 502-9924, spoke in SUPPORT Robert Simon, 2589 Quality Street, Phone: 619-7302, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jared Brandwein, 1332 Shipps Cabin Road, Phone: 778-0778, spoke in OPPOSITION Richard Dyer, 312 Ruddy Crescent, Phone: 721-3458, spoke in OPPOSITION Derek Duford,Applicant, 313 Ruddy Crescent, Phone: 559-381-6708, spoke in SUPPORT Joseph Kindley, 332 Whiting Lane, Phone: 837-3001, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Vice Mayor Wood, City Council ADOPTED 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(Deferred from April 6, 2021) Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None Break 8:54 P.M. — 9:06 P.M. April 20, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS SAND 7 BROAD INLET AT 352 TUNA LANE 8 LOCATED AT THE REAR OF 313 9 RUDDY CRESCENT 10 11 WHEREAS, Derek D. Duford and Katherine E. Duford have requested 12 permission to remove an existing float and ramp, and to construct and maintain a pier, 13 open-sided roof, and boat lift (collectively, the "Encroachment") within the City's property 14 known as Sand Broad Inlet at 352 Tuna Lane (GPIN: 2433-27-3415), located adjacent to 15 their property at 313 Ruddy Crescent (GPIN: 2433-24-4061); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Derek D. Duford and Katherine 26 E. Duford, their heirs, assigns and successors in title are authorized to remove an existing 27 float and ramp, and to construct and maintain a pier, open-sided roof, and boat lift within 28 the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 REQUEST FOR PIER, OPEN-SIDED ROOF, AND BOAT LIFT SANDBRIDGE SHORES 30 SOUTH, SECTION 1-B, LOT 117 (M.B. 103, PG. 25) FOR DEREK D. & KATHERINE E. 31 DUFORD GPIN: 2433-24-4061 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 32 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020", having a Scale of 1" = 30', and 33 prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as 34 Exhibit A and on file in the Department of Public Works and to which reference is made for 35 a more particular description; 36 37 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 38 those terms, conditions and criteria contained in the agreement between the City of Virginia 39 Beach and Derek D. Duford and Katherine E. Duford (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Derek D. Duford and Katherine E. Duford and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 50 day of April , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: %ft , MC WO K , REAL ESTATE ,�--DANA . HARMEYER T SENIO CITY ATTORNEY CA-14879 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d016\p041\00712159.doc R-1 Prepared: March 16, 2021 2 LOT 118 RUDDY'342.21' TO P.I.N/F RICHARD F. DYER III LT ,r, GPIN:24332442220000 IPF CRESCENT WOOD DUCK DRIVE N I INST:20160826000763450Li (M.B. 103, P. 25) (50' R/W) a oN 68'00'00" E I..; M.B. 103, P. 25 Z 51.00' '.; : ---- - • 20 ¢1O0 oI� 1-' �/ icy• R=50.pp� '~ cnf m . 0 1 o Z 1 / CRA�IEL s \ o Gd n p o 1 m -� C �Z�No Q $ I / i:'., LOT 117 0"'-\ o000 � rn CI �I� o I ,,' N/F DEREK D. & O \ o 4 A r N�10 �� 11- r... .. KATHERINE E. DUFORD o. \ (Nn 2 o m D o N. GPIN:24332440610000 F w o 0 IN m m I I INST:20160601000461770 \ w 1`1 < 1 I SITE 'To I/ 1 24' I ACCESS�i'- +�� j' 4, I .._ _ �I I v GREGORY O.MILSTE\V �' w I 0 11 I•• J Lic. No. 0473 A % O O II '2' mg _ fxTl .0 ti '- I I I 11 I w I I 6 A L E� I Iill ±L. 18' J I I 20.0 �I �� III p �� / 1 1N , 'lllili�lll ��F� I = I PROPOSED I I I I I I I► 0J� G� Q v- PIER, ROOF, �� �� 0�'0 Im o 03 et �W AND BOAT LIFT ����� A\ / P9-\�,\oo 41yo ! uI" oo 8 8o ;� �o / �J°°� ��'ci� Q• O 1V > Nrn�cNIso 1 5h , 1, 1tJ 0 �� ICL Ci .t• NNr • z N N / i U I LL ?I Z � I I I ' i I / EXHIBIT A ENCROACHMENT REQUEST FOR PIER, OPEN-SIDED 1 / ROOF, AND BOAT LIFT 0 30' 60' SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 117 �� FOR (M.B. 103, PG. 25) SCALE 1"=30' DEREK D. & KATHERINE E. DUFORD GPIN: 2433-24-4061 ENGINEERING SERVICES PROVIBY: 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 CHESAPEAKE BAY SITE SOLUTIONS,ED INC. P.O. BOX 6663 VIRGINIA BEACH,VA 23456 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020 PHONE: (757)575-3715 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this iMA day of i44&/LC* , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEREK D. DUFORD and KATHERINE E. DUFORD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT "117" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 18 SOUTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", dated July 5, 1968, having a Scale of 1" = 100', and prepared by Palmer L. Smith, C.L.S., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 25, and being further designated, known, and described as 313 Ruddy Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing float and ramp, and to construct and maintain a pier, open-sided roof, and boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 (352 Tuna Lane - CITY PROPERTY) GPIN: 2433-24-4061 (313 RUDDY CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at 352 Tuna Lane also known as Sand Broad Inlet, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, OPEN-SIDED ROOF, AND BOAT LIFT SANDBRIDGE SHORES SOUTH, SECTION 1-B, LOT 117 (M.B. 103, PG. 25) FOR DEREK D. & KATHERINE E. DUFORD GPIN: 2433-24-4061 313 RUDDY CRESCENT, VIRGINIA BEACH, VA 23456 SANDBRIDGE DISTRICT DATE: NOVEMBER 16, 2020", having a Scale of 1" = 30', and prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Derek D. Duford and Katherine E. Duford, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Derek D. Duford, Owner Katherine E. Duford, Owner STATE OF ` CITY/COUNTY OF\,tc-c� \.ckr crL to-wit: The foregoing instrument was acknowledged before me this l oc. day of , 2021, by Derek D. Duford and therine . Duford. 72 PV, (SEAL) Notary Public loom POgRY Notary Registration Number: S-Qack-1 - • LIC REG.0882297•`: My Commission Expires: I 1 -0..c_cAD 4 = '.MY EXPIRES :MISSION;z �O ..December 31,202: r(3 `111"''EALTO,... APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 414"fk\TUbR(Ell- DANA RMEYER SENIOR TY ATTORNEY 3124 L Oi / DATE 7 W � •47 Q N Q 00. z r O O � t J • H li • aazwo o z QW � .t W W N N ZZVGK1°1 0W >- M‘i OO� o I— 2 cu Y�O pN oC VU otZaOQ BCe o oOo. LoJC.) W M X • • WW oco o N 01 0 s� N LL d, 44 07 t iik .. .. iirl‘‘ ' - 1 -•'' --•'.: ... \ Silkok.„ . , .444. .,/, . ,„, .. __ ,. . : ,.,. :..... .. . _ . . , , .. .. . , . . . , . :_, .. FMEP • • A a) ec• � 7"c�•It a,• l ( f. / rl' 3 "My d i3F J‘' I it 3'e� y f,�y!.."fit:r, ^ t'� , W '4Y. ,.�O * t ` , , . ""i!'fi 'i'p .„..i .. .. +sue : a 40, 4,1, ; . 4'•' ''''.lk: 4f— I re f';,{t 4 ,'r _�' i. . 5 - a W g` .�s9 • R ) 5 +* 8 t.': ' 4. 4./ j.. .v 'T 4 7,,.. ty 4.xN.:..'' 0) S] h ; �* v '.. 4 `' -9Y.. r_i�,�,+f A . A ,% f f . T. r �'f/r'd/. '` A\ , _ •teat . ` Y.i r . .-_t•'. . .�` t.- c, LQ6 .. �, �. a 91 ITEM— V.J.8 ORDINANCES/RESOLUTIONS ITEM#71517 The following registered to speak: Robert Simon, 2589 Quality Street, Phone: 619-7302, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Jones, City Council ADOPTED 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(Deferred from April 6, 2021) Voting: 10-1 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: None April 20, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET LOCATED AT 7 THE REAR OF 344 BACK BAY 8 CRESCENT 9 10 WHEREAS, Rolf Bartschi and Sharon Bartschi have requested permission to 11 construct and maintain a proposed pier, boat lift, and jet ski floats (collectively, the 12 "Encroachment") within a portion of the City's property known as Bass Inlet (a/k/a Mill 13 Creek/Mill Pond) (GPIN: 2433-33-0267) located adjacent to their property located at 344 14 Back Bay Crescent (GPIN: 2433-22-8768); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Rolf Bartschi and Sharon 25 Bartschi, their heirs, assigns and successors in title are authorized to construct and 26 maintain a proposed pier, boat lift, and jet ski floats in the City's property known as Bass 27 Inlet as shown on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, 28 BOAT LIFT, & FLOATS FOR ROLF AND SHARON BARTSCHI LOT 62, SECTION 3, 29 BACK BAY MEADOWS (M.B. 67, PG. 45),"dated April 5, 2020, having a Scale of 1" =40', 30 and prepared by Waterfront Consulting Inc., a copy of which is attached hereto as Exhibit A 31 and on file in the Department of Public Works, to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 35 those terms, conditions and criteria contained in the Agreement between the City of Virginia 36 Beach and Rolf Bartschi and Sharon Bartschi (the "Agreement"), an unexecuted copy of 37 which has been presented to the Council in its agenda, and will be recorded, after 38 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Rolf Bartschi and Sharon Bartschi and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th 48 day of April , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Ge ' q BLIC WO KS, REAL ESTATE ,D N R. ARMEYER SENI CITY ATTORNEY CA14679 : \nsers\kmessing\desktop\ca14679 - bartschi\ord - pwre version.doc R-1 March 17, 2021 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 6 a ' day of A ec_CW\C.0 , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROLF BARTSCHI and SHARON BARTSCHI, husband and wife,THEIR HEIRS,ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 62", as shown on that certain plat entitled: "SECTION 3 BACK BAY MEADOWS PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated July 1965, prepared by W. B. Gallup, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 344 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed pier, boatlift and jet ski floats, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2433-33-0267 - City Property (Bass Inlet, a/k/a Mill Creek/Mill Pond) GPIN: 2433-22-8768 — 344 Back Bay Crescent 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet (a/k/a Mill Creek / Mill Pond), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR PIER, BOAT LIFT, & FLOATS FOR ROLF and SHARON BARTSCHI LOT 62, SECTION 3, BACK BAY MEADOWS (M.B. 67, PG.45), DATED: APRIL 5, 2020", and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Rolf Bartschi and Sharon Bartschi, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me, (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 I By: off rtschi, Owner By: Sharon Bartschi, Owner STATE OF CITY/COUNTY OF Chescr.o_K-e_ , to-wit: The foregoing instrument was acknowledged before me-this 04-"' day of ` -�� .-, , 2020, by Rolf Bartschi. / i .- �_ (SEAL) Notary Public Notary Registration Number: 75 3� ,�`���.,o ..........•• 2 NOTARY My Commission Expires: O 5 +- al, ( o; � = PUBLIC #7353238 ,` STATE OF Ciq,is'i CITY/COUNTY OFsa1 "` & , to-wit: The foregoing instrument was acknowledged before me this day of I rl i. -�- , 2020, by Sharon Bartschi. - �''"x`- L) Notary Public Notary Registration Numbe : '7&53 3S ®®o®SPGAIL ,,, My Commission Expires:( 5c I ,�I, 2J.9- ®��,, <F NOTARY PUBLIC n : #7353238 •;` 6' Ae APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: SI NATURE/IL(; rki. DA . HA YER, SENIO ITY ATTORN 3 a ¢1oai D TE PUBLIC WORKS I REAL ESTATE DEPARTMENT/ DIVISION 8 -P``x SANDBRIDGE SHORES BASS INLET C (AKA MILL CREEK/MILL POND) ''%, N/F CITY OF VIRGINIA BEACH QS GPIN:2433-33-026 7 EXISTING PIER AND BOAT LIFT TO BE EXISTING PIER AND BOAT LIFT REMOVED ENCROACHMENT RECORDED IN 12' INST. 20061122001759010 AT THE N i — CLERKS OFFICE, VIRGINIA BEACH \ S 37'18 E - - _ - - __ *.:6 122.15' Li EX. BKHD EX. PWL ___-_- NAIL(F) i. % 1187.68' 181.81' I' 187.68' POOL ..1- 1 ' % ' ' . ' ': ."- A l°3 LOT 61 ' o N/F MICHAEL D. TYRREL - 'ti.i ',�� 3 STY FR. i GPIN:2433-22-7895 INST NO:20151201001157070 0 , : o / •? _\ IP 0 z DET. ' . ',• . i � GAR • • I LOT 63 EXISTING SITE 1 N/F THOMAS KNEPP CONDITIONS I GPIN:2433-22-96180000 INST No:200408260136584 1 0 40' 80' I rill 1"=40' I I • 22 a.00' 1 PIN(F) DH(F) JA= 87' PIN(F) N 31'37'00" W 58.07' BACK BAY dRESCE'NT'( 0') SqN 7231, (M.B. 67, PG. 45) BFiVO 7-0 /?Oq0 ©2020 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. SHEET 1 OF 2 1, . WATERFRONT EXHIBIT A �'114 0 CONSULTING, INC. ENCROACHMENT REQUEST FOR 2589 QUALITY COURT,STE.323 PIER, BOAT LIFT, & FLOATS VIRGINIA BEACH,VA 23454 FOR PH/FAX:(757)425-8244,CELL:(757)619-7302 �+ ENGINEERING SERVICES PROVIDED BY: ROLF and SHARON BARTSCHI CHESAPEAKE BAY SITE SOLUTIONS,INC. LOT 62, SECTION 3, BACK BAY MEADOWS P.O.BOX 6663 VIRGINIA BEACH,VA 23456 PHONE:(757)575-3715 (M.B. 67, PG.45) DATE: APRIL 5, 2020 ,P�� SANDBRIDGE SHORES BASS INLET 61:' (AKA MILL CREEK/MILL POND) G, N/F CITY OF VIRGINIA BEACH 57s GPIN:2433-33-0267 PROPOSED 71.7' BOAT LIFT 13.0' / 60.2' 37.3' N I: I 12' N I�1 10' 60' S 37'18'00" E _ — - - — N `- T —PROPOSED PIER 1 122.15' 7 PROPOSED PROPOSED BULKHEAD n I_ --_-- JET SKI (NOT ON CITY PROPERTY) 1 NAIL(F) NAIL(F) FLOATS I 187.68' 181.81' I PROPOSED PIER, FLOAT, AND BOAT ' LIFT lM Lop oi LOT 62 iN Do LOT 61 GPIN: 2433-22-8768 N/F MICHAEL D. TYRREL 1 INST NO: 20170807000669760 GPIN:2433-22-7895 w INST NO:20151201001157070 _ o LOT 63 0 N I o N/F THOMAS KNEPP 1 i ^• GPIN:2433-22-96180000 Lc) IV) INST NO:200408260136584 z I co co I 1 SITE PLAN i 0 40' 80' I IMIIIII 1"=40' i R=220.00' I PIN(F) DH(F) A=32.87' PIN(F) N 31'37'00" W 58.07' BACK BAY CRESCENT (50') SgAi, <OT/s To ROOD ©2020 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. SHEET 2 OF 2 1n WATERFRONT EXHIBIT A CONSULTING, INC. ENCROACHMENT REQUEST FOR 2589QUALITY COURT, PIER, BOAT LIFT, & FLOATS VIRGINIA BEACH,VA 23454 FOR PH/FAX:(757)425-8244,CELL:(757)619-7302 ENGINEERING SERVICES PROVIDED BY: ROLF and SHARON BARTSCHI CHESAPEAKE BAY SITE SOLUTIONS,INC. LOT 62, SECTION 3, BACK BAY MEADOWS P.O.BOX 6663 VIRGINIA BEACH,VA 23456 PHONE:(757)575-3715 (M.B. 67, PG. 45) DATE: APRIL 5, 2020 v � � .. i � cr.. . \ 7_ .' 6 -vekr..): - U o r #I '..5 c, Ei tt LLI m Z es Z % es da OVco `" v s �� . Q � ci QWCO l � N 11 Zzck CO (..) ) O 1 O2OZm � o ll u = O Z O d+~ � O � ma a �\ ct 0 � � CD z Q C./ C er �� W CO } s All x_!` —I' '+ 0 • Ix at , 4 _ : 11:\'-. - "\if:,, ,/ ':\-: ------ ..,, ;04 :,...t , ‘,.._ ,, i.,„ . .. ....:..„ ,:,- ...-- ..,. . .__ .,, • . ,.4-,-- ',7,7,. • .... ,./.A.,.. At>, ,..4te t4 ' , A. 3 v , , . ,, �s,,„. ,:.--.-. > `_, . , 0 ,. .„.„ . _ ...- - . ''-,,, .. . • _. , \ 0" - ,� '' }`may N ,_•--- 10._ ..--- --,_, .� _, , ,..._ :tea\, : . ,. _ c,,. lik. — . I.', 44t 03 y 4 N co Ce co to o co 0- tth "z,li , ago O w Cs!N a c ' } W -a M I- \1164<\ :?r , ---....,', , Y ry y 1:4) 0 -0 CD as _. :iir .-:-.7,,;.i.: Ni.s, ''''' . ': J �^ a 92 ITEM— V.J.9 ORDINANCES/RESOLUTIONS ITEM#71518 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Henley, City Council ADOPTED,AS AMENDED, Ordinance to ESTABLISH two (2) Capital Projects and TRANSFER $1.87-Million from the City Council Special Pandemic Relief and Vaccine Support Reserve re support police initiatives Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 AMENDED BY MOTION AN ORDINANCE TO ESTABLISH TWO CAPITAL PROJECTS AND TO TRANSFER $2,386,000 TO SUPPORT POLICE INITIATIVES WHEREAS, the City of Virginia Beach recognizes that there are additional City operations and initiatives that will provide for the immediate public safety, public health, and economic well-being of the citizens of the City; WHEREAS, the City Council established a City Council Special Pandemic Relief and Vaccine Support Reserve on February 2, 2021 for priority City Council initiatives; and WHEREAS, the City Council of the City of Virginia Beach hereby declares the enhancement of the public safety of all citizens to be the most pressing priority of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The following capital projects are hereby established in the FY 2020-21 Capital Improvement Program: a. Capital Project #100580, "Gunshot Detection System," which is intended to acquire, install, and operate a gunshot detection system; and b. Capital Project #100581, "Crime Prevention Through Environmental Design," which seeks to use the built environment to assist in crime prevention. 2. A total of$2,386,000 is hereby transferred from the City Council Special Pandemic Relief and Vaccine Support Reserve in the following amounts and for the following purposes: a. $233,000 to the FY 2020-21 Operating Budget of the Police Department for the purchase of a BrassTRAX system that will enable the City greater participation in the National Integrated Ballistic Information Network and for prepayment of five years of ongoing costs related to this purchase; b. $80,000 for consultant fees for a staffing plan and police structure assessment; c. $756,000 to Capital Project, #100580 "Gunshot Detection System;" d. $1,200,000 to Capital Project#100110, "CIT— Police Oceanfront Camera," for purchase and installation of additional cameras at priority locations; and e. $117,000 to CIP #100581 "Crime Prevention Through Environmental Design" for safety lights related to the initialization of environmental design related to this Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ 2 0 t h day of April , 2021 . AP]OV D AS TO LEGAL SUFFICIENCY: CioT ney's Office CA15380 / R-2 /April 20, 2021 93 ITEM— V.J.10 ORDINANCES/RESOLUTIONS ITEM#71519 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $4.6-Million from the Fund Balance of the Subscriptions Internal Service Fund to the FY 2020-21 Information and Technology Operating Budget re costs associated with relocation and modernization of the City's data center and the establishment of an off-site data center Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 1 AN ORDINANCE TO APPROPRIATE $4,600,000 2 FROM THE FUND BALANCE OF THE 3 SUBSCRIPTIONS INTERNAL SERVICE FUND TO 4 RELOCATE AND MODERNIZE THE CITY'S DATA 5 CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 That $4,600,000 is hereby appropriated, with specific fund reserve revenues 11 increased accordingly, from the fund balance of the Subscriptions Internal Service Fund 12 to the FY 2020-21 Operating Budget of the Department of Information Technology for 13 costs associated with relocation and modernization of the City's data center in Building 2 14 and the establishment of an off-site data center for backup and redundancy. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of April , 2021 . Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget& Management Services ey's Office CA15360 R-1 April 8, 2021 94 ITEM— i.%1 PLANNING ITEM#71520 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION David Hay, 8306 Atlantic Avenue, Phone: 348-5122, did not respond Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED TO MAY 4, 2021,Application of GEORGE RANDOLPH WEBB,JR AND LELIA GRAHAM WEBB for a Street Closure re 25-foot by 125-foot portion of Holly Road adjacent to 401 49th Street DISTRICT 5 — LYNNHAVEN Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April20, 2021 95 ITEM— V.K.2 PLANNING ITEM#71521 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, Application of DAM NECK STORAGE, LLC for a Modification of Proffers re expand the office warehouse and a Conditional Use Permit re bulk storage yard at 1441 London Bridge Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAM NECK STORAGE, LLC for a Modification of Proffers re expand the office warehouse and a Conditional Use Permit re bulk storage yard at 1441 London Bridge Road(GPIN 1495566421) DISTRICT 3—ROSE HALL The following conditions shall be required: MODIFICATION OF PROFFERS An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court. CONDITIONAL USE PERMIT 1. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of fourteen (14)feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 2. The material of the solid fence depicted on the Site Plan shall be vinyl or other similar maintenance free material. When the site is being developed, it shall be in substantial conformance to the site layout entitled `PRELIMINARY LANDSCAPING PLAN FOR VECTOR PARK, PHASE III,prepared by NDI Engineering Company, dated January 31, 2020, which has been exhibited to the City Council and is on file in the Planning Department. This include a deviation to the Category VI screening around the perimeter of the bulk storage yard as follows. The fence along the eastern boundary may be chain link and plant material is not required along this portion of the fence; no plant material is required along the southern portion of the solid privacy fence. This is a deviation to the landscaping and fencing required by the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of April Two Thousand Twenty One. April 20, 2021 96 ITEM— VK.2 PLANNING ITEM#71521 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 Prepared by and return to: Robert P.Beaman III,Esq. (VSB No.74668) Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERS COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 11 day of 14kP ( , 202L, between DAM NECK STORAGE LLC, a Virginia limited liability company, ("Dam Neck", and grantor for indexing purposes); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia("Grantee", and grantee for indexing purposes). WITNESSETH: WHEREAS, Dam Neck is the owner of the real property described on Exhibit A attached hereto (the "Property"), which property is currently zoned Conditional I-1, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Atlantic Builders, LLC and Grantee dated December 15, 2004, and recorded on January 20, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office")as Instrument Number 200501200010587(the"Original Proffers");and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent applicable to that portion of the Property described on Exhibit B attached hereto (the"Modification Area");and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Modification Area, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the Modification Area, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives,assigns, grantees and other successors in interest or title,namely: GPIN: 1495-56-6421-0000 41295117v9 . r 1. Only to the extent applicable to the Modification Area, Proffer Number 1 of the Original Proffers is hereby deleted and replaced with the following: "The Modification Area, when developed, will be developed in substantial conformity with the conceptual site development plan prepared by NDI Engineering Company, dated January 31, 2020, and entitled `PRELIMINARY SITE DEVELOPMENT PLAN FOR VECTOR PARK, PHASE III', a copy of which is on file with the Department of Planning and has been exhibited to the City Council (the 'Site Plan')." 2. Only to the extent applicable to the Modification Area, Proffer Number 2 of the Original Proffers is hereby deleted and replaced with the following: "The architectural style and quality of materials used for the buildings located on the Modification Area, when developed,will be in substantial conformity with the conceptual elevation prepared by Covington Hendrix Anderson Architects, dated January 31, 2020, and entitled `DEVELOPMENT FOR VECTOR PARK—PHASE III,VIRGINIA BEACH,VIRGINIA', a copy of which is on file with the Department of Planning and has been exhibited to the City Council." 3. Only to the extent applicable to the Modification Area, Proffer Number 4 of the Original Proffers is hereby deleted and replaced with the following: "The portion of the Modification Area shown on the Site Plan as 'Area to be Preserved' shall not be developed, except as reasonably necessary for the installation of stormwater retention facilities as shown on the Site Plan." 4. New Proffer 10,which shall apply only to the Modification Area,is hereby added to the Original Proffers, and reads in its entirety as follows: "The existing trees and landscaping located within that area along Drakesmile Road shown in cross-hatching and labeled as "Existing 50' Vegetation Buffer to be Preserved" on the Site Plan, together with the existing trees and landscaping located within the areas along London Bridge Road shown in cross-hatching and labeled as "Existing 30' Vegetation Buffer to be Preserved" and "Existing 15' Vegetation Buffer to be Preserved" on the Site Plan, will be preserved during development of the Modification Area. Promptly after the completion of construction of the proposed improvements to be located within the Modification Area, Grantor will replant a fifteen foot (15') wide area labeled as "15' Re-Planting Area" on the Site Plan (the "Re-Planting Area") with vegetation consisting of similar species as those removed from such area during construction. Grantor will submit a landscape plan depicting the vegetation to be replanted within the Re-Planting Area for approval by the City landscape architect. To the extent that the plantings within the Re- Planting Area along exterior building walls facing London Bridge Road satisfy applicable foundation landscaping requirements contained in the City Zoning Ordinance, such plantings shall be considered sufficient to satisfy the foundation landscaping requirements contained in Proffer 3 of the Original Proffers." 5. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers (including Proffers Numbered 3, 5, 6, 7, 8 Page 2 41295117v9 l and 9) shall remain unchanged and are incorporated herein by reference with respect to the Modification Area. The Original Proffers shall remain in effect in their entirety and are unchanged by this Agreement with respect to the remainder of the Property. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach,Virginia,in force as of the date the modification of proffered covenants,restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204,which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3)if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] Page 3 41295117v9 A DAM NECK STORAGE LLC, a Virginia limited liability company By: l Name,,-1`P,Crip Y Title: ryrkYc1 C\-P STATE/COMMON ALTH OF V, rq , n t"a. CITY/COUNTY OFV,yq,h u ,k e ,to-wit: The foregoing instrument was sw rn to and acknowledged before me this I ) day of , 202., by �'C(ru 1� Yt,a t i t ✓ , on behalf of Dam Neck Storage LLCrginia limited liability company. He/she is either personally known to me or has produced as identification. Witnesm ,hand and official stamp or seal this I day of-SPIN ,2024. .•``�NASELz • Nsuu L 0▪ : CRY• 5014 Z Publi (SEAL) • 1• . P 02 • C9 My COir�}•••�••413012 . asp, 2O2. Registration t`.'‘ 1 i :3 q Page 4 41295117v9 , EXHIBIT A Legal Description of Property ALL THAT certain lot, piece or parcel of land and the appurtenances thereto, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Parcel 1" on that certain plat entitled, "RESUBDIVISION OF A PORTION OF PARCEL 66-A & PARCEL 66-B, (M.B. 300, P. 68), VIRGINIA BEACH, VIRGINIA", dated March 23, 2006, prepared by NDI, L.L.C., Basgier and Associates Division, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060621000934250. TOGETHER WITH and SUBJECT TO those certain right, privileges and easement as contained in that certain Declaration of Easement and Maintenance Agreement for Private Drainage System and Private Sewer Force Main dated March 15, 2006 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060622000942310. Page 5 41295117v9 Exhibit B Description of Modification Area Commencing at a nail found located in an existing asphalt bike path;, Said nail marking the northeast intersection of Dam Neck Road and Drakesmile Road; Said nail also having been described with a coordinate value in international feet and shown on instrument number 20060621000934250; Thence continuing along the eastern right-of-way line of Drakesmile Road the following courses and distances; N 19°20'55" W a distance of 28.09'to another nail found in the bike path; thence N 11°25'08" E a distance of 44.66'to an iron pin found on the eastern edge of the bike path; thence continuing along the easetern edge of the bike path and along the eastern right-of-way line of Drakesmile Road with a curve turning to the left with an arc length of 574.08', with a radius of 1331.24', with a chord bearing of N 00°56'06" W, with a chord length of 569.64',to a concrete monument found- thence with a compound curve turning to the left with an arc length of 107.14' with a radius of 1499.07', with a chord bearing of N 15°20'12" W, with a chord length of 107.12',to a point; thence with a reverse curve turning to the right with an arc length of 110.78' with a radius of 1223.24', with a chord bearing of N 15°26'05" W, with a chord length of 110.74',to a nail found on the eastern edge of the bike path; which is the True Pomt of Beginning. Thence continuing around the subject property in a clockwise direction the following courses and distances; N 11°41'19" W a distance of 49.09'to a point; thence N 24°51'59" E a distance of 206.23'to a point; thence N 26°36'59" E a distance of 76.56'to a point• thence N 30°30'15" E a distance of-87.81'to a point; thence N 34°34'34" E a distance of 101.68'to a point; thence N 43°18'59" E a distance of 89.77'to an iron pin found on the southern right-of-way of London Bridge Road; thence along the southern right-of-way of London Bridge Road with a non-radial curve turning to the left with an arc length of 223.27' with a radius of 897.30', with a chord bearing of S 46°59'40" E, with a chord length of 222.69,to an iron pin found;thence S 54°07'22" E a distance of 405.46'to a point located on the southern right-of-way of London Bridge Road,- thence turning into the subject property S 35°50'13" W a distance of 110.93'to a point; thence 1'1 54°02'13" W a distance of 35.12'to a point; thence S 87°38'33" W a distance of 41.82'to a_ppoint• thence S 28°35'58" W a distance of 361.63;to a point located on the property line between Parcel 1 and Parcel 2 as shown on instrument number 20060621000934250; thence N 61°24'02" W a distance of 521.71'to a nail found on the eastern edge of the bike path running along Drakesmile Road; said point also being the True Point of Ending, Said parcel having an area of 310,911 square feet or 7.137 acres. Page 6 41295117v9 \ si/il a4 is iC6,i--//,, ';I, 4L111 11'_4-%.1i-'t-lI' ill. .i )7 :O o 'a44 /) n f11b N M Cfl CNW -,__ __ ' ' IV I' \ 0 _ - 0) i6-iffi -•:; N ` o //0'b 1ol.'7/1/v7 7;reIV- -4/,,,P„,,,,4,,/,:,Tc4fL\,-a0. I � tio � 0: om N \ — W _ N\ Z 0 CZ 14Zr ------- -46. '-"-------____ / _ _,__--___----------1__________----____ --------- / gr.. /X ' '''''-7-7 1 /ill Q Q 0 i 0 Q Y LI 4:(\ i .1ic 0 . V' \ ,, 0 0 ! '' co a` n m Q (13 rl 97 ITEM— V.K.3 PLANNING ITEM#71522 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of PRESMONT CONSTRUCTION SERVICES, LLC/ KS SHORE, LLC for a Conditional Use Permit re automobile service station at 4769 Shore Drive DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRESMONT CONSTRUCTION SERVICES, LLC/KS SHORE, LLC for a Conditional Use Permit re automobile service station at 4769 Shore Drive(GPIN 1479473214) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CUP CONCEPT PLAN" dated October 5, 2020, and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. A Landscape Plan shall be submitted at the time offinal site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Landscape Plan," dated January 30, 2019, and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The exterior of the proposed building and fuel canopy shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD ELEVATIONS," dated January 18, 2021, and prepared by Buf STUDIO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The freestanding sign shall be monument style set on a brick base matching the building, be no taller than eight (8)feet in height measured from the ground to the top of the sign and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Monument,"dated January 14, 2021, and prepared by Cummings, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base matching the building, as noted in Condition 4 and two (2) building and/or canopy signs. Signage on the canopy shall not be internally or externally illuminated. April 20, 2021 98 ITEM— V.K.3 PLANNING ITEM#71522 (Continued) c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 6. The dumpster shall be enclosed with a solid wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 7. All vacuum air pumps shall be screened from the right-of-way with plant material of a size and species acceptable to the Development Service Center's Landscape Architect,all of which shall be depicted on the Landscape Plan. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the rights-of-way as approved by the Planning Director. 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 20th day of April Two Thousand Twenty One. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None April 20, 2021 99 ITEM— V.L. APPOINTMENTS ITEM#71523 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE April 20, 2021 1 '_�7 �- \ �.,,,, B2 �, `'`77 >I;,A1s ,, g ,A-12 _al 7, _,., yo ,. A24, III �R10- ', ---R10 i� Ro- iNi A24 A24 I t 1 _ lia66 c r -- - - - liio -\ -1/cD ,/,, i , 1p : Au -_ --) C;._ J _=T -- ---Shore=pr• _ e _ � r- d; , 8 _:::: -- B2 ....,.7 � 111:— ore�Driv __ �,. e 0 rB-2 '0 0 -_-_„_,,_._-___Ti_ __ "jr}j. tiller -� _ _ _ 3 a , -i _3-:- -1 ' - ,B2 //o _ 11 ' R GI Orrf_j__ 6S\ ,,,,,, ) , _____ j::>-,,„.„,„ ,_ / ff' CDa __i ' i� 10 �� ,_ -, R1 d --- =R�10 �.-- p-. i ��► o, 1— ,, r�Ce�C�cl_e - �. i / C-5- ' --''' S'ill ° 0 ,�1It0410 !: ! .. 1311U � � - R10 N WA Site Presmont Construction Services, LLC W. E Property_Polygons 4769 Shore Drive s s Zoning Building — Feet Parking Lot Drive Aisle 0 40 80 160 240 320 400 480 100 ADJOURNMENT ITEM#71524 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:06 P.M. Tern . e ius Chief Deputy Ci Clerk 1111k A Ada Barnes, \MC Robert M. Dyer City Clerk Mayor April 20, 2021