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HomeMy WebLinkAboutMAY 4, 2021 FORMAL SESSION MINUTES �au'aEge cro VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 4, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the Virginia Beach Convention Center, Suite 5, on Tuesday, May 4, 2021, at 12:30 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 2 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 12:30 P.M. Mayor Dyer welcomed Frank McKinney, Board Chair and Jessica Guglielmo, President and CEO. Mr. McKinney expressed his appreciation to City Council for their continued support and turned the presentation over to Ms. Guglielmo: 0 ..,........_. �� ,,n �1� ' -4,. ..-:-. . -_, Virginia Beach Community Development Corporation Status Report and Response to City Auditor's Report May 4,2021 • City Council Briefing Jessica Guglielmo,President and CEO Frank McKinney,Board President 'VBCDC _ - This presentation is based on findings from the June 19, 2019, Audit Report: �,1Nu,k,, O I P�7J ,:.;.,,,c.„..i Office of the City Auditor Audit of the Virginia Beach Community Development Corporation Report Date: June 14,2019 Office of the City Aud,tor 2401 Courthouse Drive,Room 344 Virginia Beach,Virginia 23456 757 385 5870 'Nome op AcrOunt.Ml2,me la teg,ty in CO Opemnau" 2 May 4, 2021 3 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Here is VBCDC's Mission Statement: Mission Statement VBCDC's mission is to provide affordable housing opportunities for low- and moderate- income individuals and families and assist the City with neighborhood revitalization. tvVBCDC 3 City Council Liaisons 0 li ... Mr.John Moss Mr.Michael Berlucchi i ( VBCDC 4 May 4, 2021 4 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) VBCDC Board of Directors Frank McKinney, President Christopher L. Brown,Vice President R.Worth Remick, Secretary/Treasurer J. David Crain,Jr. Dr.Audrey Douglas-Cooke Robert Ewell Andrew Friedman Brandon Hutchins Jeremy C.Johnson Courtney Lalonde Tim McCarthy (AVBCDC 5 Here is an overview of VBCDC Current Activities: VBCDC Current Activities • VBCDC owns and operates 523 units of housing serving low-income individuals and families,persons with developmental and mental health disabilities,homeless families and individuals,and homeless and disabled veterans. • VBCDC is a leader in the region serving vulnerable veterans and their families by providing critical supportive and financial assistance. • VBCDC serves approximately 3,300 persons each year through attainable housing programs and supportive services. • VBCDC's assessed property value=561,339,500. • Net equity is$33,000,000. • Annual budget for FY 2021 is$5,648,947. f vVBCDC 6 May 4, 2021 5 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Financial Losses Reversed with an overall increase of$700,000 since 2018: Key Accomplishments — Financial Losses Reversed Net Operating Income 227 $1 7 is —2016 2017 2018 2019 2020 fvVBCDC 7 As of February 2021, $1.1-Million in grant funding has contributed to reducing the line of credit balance: Key Accomplishments — Line of Credit Reduced • VBCDC's Line of Credit balance was reduced from$1,765,000 to$665,000 in February 2021 through a grant from the City. Line of Credit Balance Remaining $2,000,000 $1,800,000 $1,765,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 5,000 $600,000 $400,000 $200,000 $0 ( VBCDC 8 May 4, 2021 6 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Occupancy rates increased and is stable at 95%: Key Accomplishments — Occupancy is 95% • VBCDC's Occupancy Rate is stable at 95%. OCCUPANCY RATE 9896 9� 7/7 /..„/ 1// E r/e///// 19 G1 Q,� 1,y4`;•'P�Oti p'I ery0 yti�ti ti Gti GQti ti,ti`ti ti 0ti Qti f� j�! (VBCDC 9 VBCDC is the Lead Developer for Phase II of Tranquility at the Lakes: Key Accomplishments — Lead Developer for Tranquility at the Lakes II VBCDC is lead developer for Phase II of Tranquility at the Lakes in Burton Station. III \ ' 4 xf. 11110 __ xoe>nxwoaa xthe it n Carc.N+quo ww!d W Cohn Arnold wao. (5VBCDC 15 May 4, 2021 7 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Key Accomplishments - Merger complete ,..,E a �o.."„� ONIM CYR zoo new VBCDC completed — "E EIP merger with partner O"""" DEVELOPMENT 2103111304615/ organization w .O SO/1U).,..,YW DON OMINTM- effectivecommm Ma41INEE-Mcion*NM�oRm March 17, 2021. ---- ma*NW VIRGIN.BEACH COMIMONrrr DEvELOPmENT CORPORA TREN SoMemh f`f VBCDC 16 The next two (2)slides provide findings from the audit that are now closed: Key Accomplishments — Items closed '/Finding 3.1: Internal Controls need to be enhanced over Storeroom Supplies %/Finding 4: Unable to develop or acquire projects %/Finding 5: Inability to Maintain Current Housing Stock ./Finding 7: Discontinuation of Programs led to Lost Revenues ./Finding 8.1: Pattern of CEO Absence(Former CEO) ./Finding 8.2: Monitor Work of every department through regular reporting and meetings ./Finding 9: Procurement Process not followed in Hiring of Consultants from Chicago ../Finding 10: Use of Remote Employees may not be Beneficial 17 May 4, 2021 8 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Key Accomplishment Items closed ./Finding 11.1: Low Board Makeup/Attendance has Adversely Impacted Oversight %/Finding 11.2: VBCDC should be involved in Housing&Neighborhood Strategy %/Finding 13: Conflict of Interest Between VBCDC/SAC Executive Management Team %/Finding 14: No Requirement for SAC to Share Development Fees with VBCDC Finding 15: SAC has not Qualified for CHDO Funds in over 3 years 18 The next few slides provide an overview and a status update of specific findings: Financial Losses Reversed Finding 1.1: Financial Losses Mounting VBCDC has reversed the operating loss trend through a multifaceted approach including: reinvestment and recapitalization of its properties, increased rental and grant revenue, elimination of non-essential personnel and expenses, disciplined approach to spending,and consistent monitoring of expenses,revenues,and year-end projections. 2016 2017 2018 2019 2020 Operating Revenue 5,208,107 4,862,212 4,902,145 4,999,096 5,647,446 Operating Expense* 5,637,925 5,180,166 5,310,618 4,847,749 5,299,219 Net Operating Income (429,818) (317,954) (408,473) 151,347 348,227 *before depreciation 1 VBCDC19 May 4, 2021 9 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Financial Losses Reversed Finding 2.1: No Concrete Plans to address financial losses VBCDC has significantly increased its grant revenue. For Fiscal Years 2019 through current year, VBCDC secured over$6,500,000 in grant revenue for its programs and operations. VBCDC eliminated all"non-essential"spending such as travel,events and unfunded programs. VBCDC ended fiscal year 19/20 with an operating surplus of$65,787. VBCDC projects ending fiscal year 20/21 with an operating surplus. VBCDC increased its occupancy rate by 7%and is holding steady at 950/0 or greater for the past 11 months. ( VBCDC 20 Code of Conduct Revised Finding 3.2: Update Code of Conduct VBCDC's Board of Directors updated Code of Conduct Policy in September 2020. Revisions included the auditor's recommended changes including non-retaliation clause and good faith reporting of ethical violations. Revised policy was implemented September 2020. r' VBCDC 21 May 4, 2021 10 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Reserve Policy being Reassessed Finding 3.3: Reassess Property Replacement Reserve Policy VBCDC Management met with City's Finance Director and Housing and Neighborhood Preservation Director in September 2019. Policy changes were tabled to get feedback from the Consultant. Consultant recommended VBCDC Board of Directors revisit tie policy after first addressing tine of Credit repayment and mitigation of future operational shortfalls. Finance Committee will meet in May to review Fiscal Year 2021/2022 Operating Budget. I 'YVBCDC 22 Eliminated Outsourcing & Improved Asset Management Finding 6.1:Questionable Management Decision to Outsource Facilities Maintenance Team/Improve Asset Management • VBCDC eliminated outsourcing of Asset Management and Facilities Maintenance. • VBCDC occupancy reached 95%in May 2020 and has been 95%or greater for past 11 months. • Consultant's staffing recommendations for Asset Management were implemented resulting in decreased turnover time,decreased work orders, and increased ability to perform preventative maintenance work. • Procurement Procedures were amended in September 2019 allowing for quicker response time when outsourcing work. • Formal written rent increase policy was established which allows for graduated rent increases with appropriate maximum increases. VBCDC 23 May 4, 2021 11 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Merger Complete Finding 12: Shared Services Agreement not Followed to the Detriment of VBCDC - Merger achieved with partner organization March 17,2021. - Eliminated need for Shared Services Agreement. - Eliminated conflict of interest. - Eliminated non-coordinated action between the organizations. %VBCDC 24 VBCDC is working on a Refinance Strategy for Grand Cypress Apartments: Next Steps — Grand Cypress Apartments i . e. • : r:tegy Underway azx jo : w i "F""x it, `f, i ,- A , Pf ti �r . '').,-VBCDC 25 May 4, 2021 12 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Here are the Next Steps: Next Steps — Presentation of Balanced Budget for 2021/2022 VBCDC Management presents balanced budget for Fiscal Year 2021/2022 to Finance Committee in May 2021. 2021 ♦ May/June 20 -- VBCDC Board of Directors reviews Finance Committee's recommendations and approves Fiscal Year 2021/2022 Budget by June 30,2021. f5VBCDC 26 Next Steps — Strategic Planning 4/ap Road DirectionOrganization Alignment �te gic a V 1uL ournPP/ Goals I VBCDC 27 May 4, 2021 13 CITY COUNCIL'S BRIEFING VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC) AUDIT RESPONSE and CURRENT STATUS ITEM#71539 (Continued) Questions Thank you! Jessica Guglielmo President and Chief Executive Officer (757)500-2745 jguglielmo@vbcdc.org %VBCDC 28 Mayor Dyer expressed his appreciation to Mr. McKinney and Ms. Guglielmo for the presentation. May 4, 2021 14 CITY COUNCIL RECONCILIATION FY 2021-22 RESOURCE MANAGEMENT PLAN(Budget) OPERATING and CAPITAL BUDGETS ITEM#71540 12:53 P.M. Vice Mayor Wood distributed copies of the joint letter, "FY 2021-22 Operating Budget and Capital Improvement Program (CIP) Reconciliation", signed by himself and Mayor Dyer, attached hereto and made a part of the record. Vice Mayor Wood summarized the key points, advising the proposed budget is not written as a "one person"budget, rather it is written as a consensus, based on input from the Body. Mayor Dyer expressed his appreciation to the Vice Mayor and City Council Members for their collaborative work on the budget. Mayor Dyer advised while the City fared better than other cities, there are challenges ahead. Council Member Moss distributed copies of his letter dated May 4, 2021, and summarized the key points, attached hereto and made a part of the record. Council Member Moss advised he can support the proposed budget if a revenue neutral tax rate can be included. Council Member Henley advised the budget cannot be discussed without including the pay increase for public safety which has been the Body's top priority. Council Member Henley advised she has received a lot of emails from public safety employees and has been impressed with what they have said as well as their commitment. Council Member Henley advised the actions taken speak clearly that the Body is willing to take steps to provide the tools needed and asked Vice Mayor Wood to explain more about the structural compensation increase. Vice Mayor Wood advised there are pay ranges in job titles and if someone is at the top of the range and then given a merit increase of 3%, they will not receive pensionable income but would receive a bonus instead. The structural compensation increase moves every pay range up 51/2%to improve retention and recruiting incentives. Vice Mayor Wood advised it is important to realize there is a finite supply of qualified individuals who are willing to do the job with the hazards involved Council Member Moss requested to have more information on license plate readers before they are purchased, specifically;what is the governance over the data, the business rules and what are the personal sanctions for its misuse. Council Member Moss advised he wants to have a better understanding in order to better inform citizens who may have questions. Council Member Rouse expressed his appreciation to all City stafffor their dedication and hard work, with special recognition to the staff who are still recovering from the events of May 31, 2019. Council Member Rouse advised he is proud to support the compensation increase for staff who continuously work to keep the City strong. Council Member Henley requested to know what the status is on the Market Analyses Survey and where the City's compensation stands in comparison to other locations and in the private industry? City Manager Duhaney advised after the budget is adopted, he will reassess and provide information with a recommendation to the Body. May 4, 2021 15 CITY COUNCIL RECONCILIATION FY2021-22 RESOURCE MANAGEMENT PLAN(Budget) OPERATING and CAPITAL BUDGETS ITEM#71540 (Continued) Council Member Henley advised the Body did not hear all of the presentations but believes the presenters may have had important information they wanted to share and suggested scheduling those for a later date. Council Member Henley further advised, while the proposed budget is a good start, it does not address all of the needs and more is needed for mental health as well as continuing to work on the flooding referendum. Council Member Moss cautioned that completing a compensation study after the budget is adopted may indicate departments have been over compensated causing embarrassment. Council Member Moss advised while the budget provides$5-Million more to address flooding it also reduced the borrowing authority by $69-Million to support school modernization. Council Member Tower referenced a quote, "don't tell me what your values are, show me your budget and I'll tell you what your values are", advising this budget is troubling to him. Council Member Tower expressed concern for funding a 5.5%salary increase for public safety without having data to support it but added that funding public safety is a top priority for him, and he will support the proposed budget. Council Member Tower expressed concern that a market survey has not been completed. Council Member Wooten advised the proposed $100,000.00 is sorely inefficient to support a citizen's review panel expressing her request was for $600,000.00, which would have supported funding $100,000.00 for an investigator. Council Member Wooten further advised she requested $5-Million in funding for a Centerville Recreation Center, emphasizing that the Centerville District has not had funding for a Recreation Center and now is the time to address it. Mayor Dyer expressed his appreciation to the Body and closed the discussion. May 4, 2021 4GiN�$F,qc City of Virginia Beach 94-6.Op OUR RAI°ON''0`c- VB'VO'I.COm ROBERT M."BOBBY"DYER MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 May 4, 2021 FAX(757)426 5699 Members of City Council Subject: FY 2021-22 Operating Budget and Capital Improvement Program (CIP) Reconciliation Dear City Council Members: As the economy continues to improve, the City of Virginia Beach emerges from the COVID-19 pandemic in a stronger budget position than anticipated. The steps taken to address the economic impacts of the pandemic over the last year, combined with a tradition of sound financial management practices and conservative fiscal policies, have been effective. While a complete recovery will take time, the FY 2021-22 budget allows the City to implement several new initiatives in City Council's critical focus areas. Among these are tax reductions for the citizens of Virginia Beach, pay increases for City staff, pay supplements for various employees of the Commonwealth to address pay disparity,and other notable investments in the community that will continue to make Virginia Beach a safe and welcoming city for citizens and visitors alike. On March 23, 2021, the City Manager presented his Proposed FY 2021-22 Operating Budget and Capital Improvement Program(CIP).After several weeks of City Council workshops and briefings focused on extensive virtual and email discussion along with public input at hearings and via social media, it is recommended that the Operating Budget and CIP be adopted with the following adjustments: 1. Provide an additional 1.5% compensation increase for all Non-Public Safety City employees at an estimated cost of approximately $5,030,892. This amount will be added to the General Fund compensation reserve. Related expenses would be charged to departments across funds based on staffing allocations. 2. In order to recruit and retain the best public safety professionals, and to keep the City of Virginia Beach's public safety departments competitive with the market, more specifically Police,Fire, EMS,and Sheriff,an additional $7,397,764 will be added to the budget to provide a 5.5% structural (general) compensation increase for these sworn/uniformed City employees. Inclusive of the 3%salary increase outlined in the City Manager's Proposed Operating Budget, public safety compensation will rise a total of 8.5% for sworn/uniformed employees in FY 2021-22. This funding will be placed in a dedicated reserve in the General Fund for allocation Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 12 to the specified departments upon implementation of the FY 2021-22 Operating Budget. To provide long-term sustainability for these compensation adjustments, one cent($6,238,245)of the existing real estate tax rate is dedicated for this purpose. This dedication will result in the omission of this revenue from the School Funding Formula. To offset this revenue loss of $2,916,379 to the Schools, a negative City Manager adjustment will be placed in the School Operating fund until the School Board adopts a resolution with information that outlines a plan to reconcile to the final Revenue Sharing Formula amount for FY 2021-22. 3. In order to improve recruitment and retention efforts within the Police Department, an additional $1,111,587 is included within the Department's FY 2021-22 Operating Budget to provide college incentive pay and longevity incentive pay. 4. Reduce General Fund Real Estate Tax revenue to implement an additional reduction of 0.0075 cents to the Real Estate Tax Rate and,through a negative reserve,reduce the Revenue Sharing Formula revenues for Schools by$2,187,285 to account for their proportionate amount of this total negative $4,678,684 adjustment. The City share of this revenue loss is $2,491,399. This reduction brings the real estate tax rate to $1.00 per $100 of assessed value for FY 2021-22. Virginia Beach's Real Estate Tax Rate remains the lowest in the region and the only city to reduce the rate at the time of this letter. Proposed FY 2021-22 Real Estate Tax Rates per$100 Change From Base Citywide Amount FY 2020-21 Chesapeake $1.05 $ - Hampton $1.24 $ - Newport News $1.22 $ - Norfolk $1.25 $ - Portsmouth $1.30 $ - Suffolk $1.11 $ - Virginia Beach $1.00 $ (0.0175) 5. Pending the establishment of a one-year Memorandum of Understanding(MOU),the City will provide up to $500,000 for a pay supplements to state attorneys in the Virginia Beach Office of the Public Defender to address pay disparity between public defenders and prosecutors working in the Commonwealth's Attorney's Office. This amount will be added to the General Fund Non-Departmental FY 2021-22 budget. An MOU is necessary as City staff cannot confirm payroll amounts for these state employees or verify payment amounts to be made without regularly updated information from the Public Defender's Office. This MOU will be reviewed yearly as part of the budget process. Supplements will be subject to audit to ensure that payment amounts are accurate. This supplement in FY 2021-22, combined with the 5% state pay increase and $5.7 million provided statewide by the Commonwealth to address recruitment and retention needs in Public Defender Offices will hopefully address the needs and concerns expressed by the Virginia Beach Public Defender's Office. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 13 6. Pending the establishment of a one-year Memorandum of Understanding(MOU),the City will provide $114,000 in the FY 2021-22 Operating Budget to implement salary supplements for state employees of the Juvenile and Domestic Relations Court ($44,400) and the General District Court ($69,900) to address the high turnover rate by providing a retention incentive for court Clerks. This MOU will be reviewed yearly as part of the budget process. 7. Increase General Fund Non-Departmental contributions by $300,000 to support the Virginia Museum of Contemporary Art (MOCA) for additional incremental marketing and grounds services for a solo exhibition of the work by artist Maya Lin opening in April 2022. 8. Increase General Fund Non-Departmental contributions by $220,000. This funding will be provided for costs associated with the purchase and installation of structures and equipment to create playground and activity space in the Friendship Village neighborhood. 9. Due to the pandemic, the staffing of ambulances with volunteers has become increasingly difficult. To provide Emergency Medical Services staff with relief and to ensure emergency responses occur in a timely manner, an additional $278,133 is being added to the Department of Emergency Medical Services Operating Budget. This funding will allow EMS to accelerate the hiring timeline for FTEs included in the City Manager Proposed Budget for the Burton Station Fire/EMS Station. These FTEs will be authorized for hiring July 1 as opposed to January 1. 10. To recognize a grant funded position recently approved by City Council, an additional Administrative Specialist FTE is added to the FY 2021-22 Operating Budget within the Office of Emergency Management. This position will support the City's Flood Mitigation Assistance Program. The addition of this position will not increase the Operating Budget as the grant is a multiple year grant that has already been accepted and appropriated.This action will only result in the increase of 1 FTE. 11. Increase General Fund Non-Departmental Regional Grants by$35,000. Grant funding is to be provided to Hampton Roads Pride ($10,000) and Eggleston ($25,000), a non-profit organization that provides education, job training, and employment for individuals with disabilities. 12. Implement a plan to operate the Family Shelter at the Housing Resource Center when the current contract with Samaritan House expires on July 1, 2021. The plan, which involves multiple personnel changes including two new FTE positions(Housing Specialist I and II)and some contractual hires, will save the City approximately $33,511 in FY 2021-22. 13. The Virginia Department of Behavioral Health and Development Services Region V-Eastern Region has been awarded funds from the Commonwealth to operate a Children's Mental Health Mobile Crisis Response hub. Through this program,a crisis clinician will be dispatched upon receipt of an emergency call and will assist with the stabilization of the individual, the creation of a safety plan, and the arrangement of follow-up services with the local Community Service Board. The Virginia Beach Department of Human Services has been selected as a Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 14 secondary hub within Region V for this program and,therefore,will receive funding to support four Crisis Clinician FTEs and related operating costs, including one-time expenditures. The total cost of these positions in FY 2021-22 will be $413,722. Virginia Beach will receive $347,796 from the Commonwealth and will estimate $15,000 in Medicaid funding to offset these costs. Existing resources in the amount of$50,926 will be reallocated within the Human Services Operating Budget to support the residual amount necessary to support one-time costs for this program in FY 2021-22. 14. The Virginia Department of Behavioral Health and Development Services Region V-Eastern Region has been awarded funds from the Commonwealth to operate an Adult Mobile Crisis Services hub. Through this program, a crisis clinician will be dispatched upon receipt of an emergency call between the hours of 2:00 PM and 10:00 PM and will assist with immediate crisis intervention and long-term stabilization. These services are intended to be provided at the individual's home or in a public setting. The Virginia Beach Department of Human Services has been selected as a secondary hub within Region V for this program and,therefore, will receive funding to support three Crisis Clinician FTEs and a Behavioral Specialist and the related operating costs of these four positions, including one-time expenditures. The total cost of these positions in FY 2021-22 will be$422,162. Virginia Beach will receive$369,506 from the Commonwealth and will estimate$4,926 in Medicaid funding to offset these costs.Existing resources in the amount of$47,730 will be reallocated within the Human Services Operating Budget to support the residual amount necessary to support one-time costs for this program in FY 2021-22. 15. Increase the Human Services Operating Budget by$102,108 and one Clinician FTE. Effective July 1,2021,the Commonwealth of Virginia will require that all Community Services Boards provide mental health services for members of the armed services located 50 miles or more from a military treatment facility and veterans located 40 miles or more from a Veterans Health Administration medical facility as a core service. More broadly, and without respect to geography, the Commonwealth also intends to supplement federal clinics to ensure that all service members and their families have adequate available resources. To support these aims, the Commonwealth has appropriated funds in their budget to support military and veterans' services. The Virginia Beach Department of Human Services will receive funding from the Commonwealth in the amount of $102,108 to support one clinician FTE, operating expenditures, and the initial costs of this position to assist in the provision of these services. The focus of the clinician will be for treatment of Post-Traumatic Stress Disorder, other forms of trauma,and substance use disorders. This position is fully supported by the Commonwealth. 16. Create a dedicated reserve in the amount of$104,880 in FY 2021-22 for the purchase of fixed and mobile versions of Automatic License Plate Reader equipment and technology for installation throughout the City as demand requires. This reserve will not be released until City Council adopts a governing policy regarding the usage of the technology. Should these readers be acquired, there will be an annual recurring cost of$75,000. 17. Increase the Police Department's Operating Budget by$120,000 to provide an independent assessment of the Virginia Beach Police Department's current policies and procedures, including body-worn cameras and use of force. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 15 18. Establish a dedicated reserve of$100,000 to support a potential Citizens Review Panel that would act as a law-enforcement civilian oversight body. These resources may be used to provide support through contractual services if and when the City Council makes a determination to move forward and establishes the guidelines and authority of the panel. Offsets and Revenue 19. To provide resources and offsets for increases related to items 1-18,the following adjustments are made: — Reduce$3 million in the General Fund allocated to a Market Salary Survey Reserve. — Reduce General Fund debt service by $1,525,013. Updated estimates have the bond sale occurring in the Fall, resulting in one less interest payment occurring from the projected sale. — General Fund Interest Income is increased by $1,000,000. — Offsetting a portion of the General Fund and Sheriff Special Revenue Fund compensation is an increase of State Compensation Board revenue in the amount of $809,121. — Eliminate the Proposed Health Insurance Reserve of$1,500,000 in the General Fund. This will keep the employers' health insurance contribution flat and rely on the use of fund balance from the Health Insurance Fund. — Appropriate $879,880 of General Fund fund balance reservation from the Emergent Needs Contingency Reserve. — Attrition savings in the amount of$6,139,751 will be used to balance the General Fund. Schools 20. Modify the Schools' FY 2021-22 Operating Budget and CIP to reflect additional adjustments made by the School Board on April 13, 2021. These changes include: — a$3,965,636 decrease in revenue from the School Reserve Special Revenue Fund,reflected as a reduced transfer to the School Operating fund, — an$11,529,233 increase in revenue from the Commonwealth, — an increase in Federal grant revenue in the amount of $82,443,644 to account for anticipated funding from the American Rescue Plan Act recently passed by Congress, — a reduction equal to the City Manager's negative reserve of$2,853,854, and This increased revenue is offset with additional appropriations. These changes include: — a $4,709,743 appropriation to the School Operating fund to increase additional duty supplements; implement market adjustments for bus drivers and identified clerical positions; increase the number of specialized student support positions as required by the Standards of Quality; and provide additional teachers for the AVID program and An Achievable Dream Academy(total additional 17.0 FTEs), and — an additional appropriation in the amount of $82,443,644 in Federal grant funds for expenses allowable under the American Rescue Plan Act recently passed by Congress. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 16 CIP 21. Establish a Stormwater CIP project 100582 titled "Stormwater Infrastructure Cost Participation"to provide a cost sharing opportunity with the development community to construct necessary stormwater infrastructure that has been identified from the City's Stormwater Modeling and Master Plans. Added to this project in year 1 of the CIP is $5,000,000 of General Fund fund balance. 22. Direct the Department of Public Works to support the City's participation in the Virginia Conservation Assistance Program (VCAP) sponsored locally by the Virginia Dare Soil and Water Conservation District(SWCD). Within the scope of the existing CIP Project 100472 "Water Quality Cost Participation Projects II,"the City will work with the SWCD to publicize and disseminate information about VCAP to Virginia Beach citizens. VCAP provides financial, technical, and educational assistance to property owners in the Chesapeake Bay Watershed for implementing eligible stormwater control practices. If approved through the VCAP process,most practices are eligible for 75% financial reimbursement. The City may reimburse property owners for the remaining expenses not covered by the program. No new funding is needed in the FY 2021-22 budget. 23. Appropriate $500,000 of General Fund fund balance in FY 2021-22 to support CIP project 100581 "Crime Prevention Through Environmental Design(CPTED)."The Police Department will conduct and augment assessments presently being examined by the new Resort Liaison Squad.The focus of these studies is to modify the built environment in locations that presently attract crime and disorder. Once assessments are completed, funding will be available in the CIP project for the purchase of equipment and supplies necessary to create safer environments. Enhanced lighting is one example of equipment that may be purchased to support this initiative. 24. Appropriate $630,000 of General Fund fund balance to CIP Project 100580 "Gunshot Detection System"to cover annual costs for this technology deployed in the Oceanfront area. Increase years 2 through 6 of the CIP by $630,000 per year to be supported by General Fund Pay-As-You-GO. 25. Appropriate$1,640,000 of General Fund fund balance to "Operations Facilities Renovations" CIP project 100291 to alter plans for Building 2 to include a technologically advanced, data- driven command center in the future Police Headquarters. 26. Appropriate additional funding for"Public Safety Equipment Replacement"Project 100325 in years two through six of the CIP. The project funds will increase by $250,000 per year to be supported by General Fund Pay-As-You-GO. This action will support future replacement of Police Department technology and equipment. 27. Establish CIP Project#100583 "Wi-Fi in City Parks"within the Information Technology CIP section to provide outdoor public Wi-Fi capability at select sports fields at the Princess Anne Athletic Complex,at City View Park,and at the stage area at Mount Trashmore. Wi-Fi at these parks will be phased in over a three-year period. Appropriated to this project in year 1 of the Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 17 CIP is $61,400 in General Fund fund Balance. Funding is increased in year two of the CIP by $156,080. Funding is increased in years three through six of the CIP by $185,400 per year. Increases in years two through six of the CIP are supported through the increased use of General Fund Pay-As-You-GO. 28. Direct the Security Office within Emergency Management and the Information Technology Department to install intercoms throughout the Municipal Complex as deemed necessary. Funding for this initiative will be supported through the funding programmed in the existing CIP Project#100392 "City Security Enhancements." 29. Appropriate $1,000,000 of General Fund fund balance to CIP Project #100299 "Park Playground Renovations III" to address the backlog of playground maintenance needs throughout the City. Details about the funding sources and appropriation adjustments outlined in this letter are identified on the attachments. We want to thank the citizens who participated in public hearings or weighed in on social media to offer their comments on the FY 2021-22 Operating Budget and CIP and the staff members who made every effort to provide answers to our various questions and respond to our requests for information. If you have any questions, please contact us directly. Sincerely, Robert"Bobby"M. Dyer, Mayor James L. Wood, Vice Mayor Attachments Attachment A CIP Project Detail Sheet 100582 "Stormwater Infrastructure Cost Participation" CIP Project Detail Sheet 100583 "Wi-Fi in City Parks" m N$ 8 e n � 8 00 k i 1 i 8 88 8 88 o o a e N i I I ; 1 w m a o 88 ' • . . . .! n ve • ,i . , • , Ni1 I { I ; , Ro0!00 1 o' O O , s , g , g g I i i i I i i 1 , n Ogp V gg NaOry OOW i 1 1 I 1 4 wI , 1 I "'ron$.^n N .Wn . 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S A o o "A L t o O u E a m '„ 3 V m c 3 `� n u °' E ' n� i Zip _ `.t N f a E 9 .E v L '- E o o Z c u m o o w i — o o > 'd x 0 E Y 2' 9 0 '° ° I °n E E a = e — V t E E z d n n « o° m = '" x o f c o _ _°° o d a a w v d '.^ O °'_c m d`o V 2l7 =S mwv« «m ag L eo ao N` « ac o wo- E E mv E m rEu ES Y'3dI Z .n " C $ Y e «crE ° — ; E E — EE v vmoE,?1 :1 � 2uoEvt E „ 'v a ad2a ° , ^ o mo c aan EE a d E a_. ca E , as a ' a o ' nam ., - E y w mN o a c° m n - ° ofc o- E >3ac - cv° LLTcc we c og 2 vL g vo a ` > a moa o ° .naa u $cZd O c + m 0va n N = Eno a mW � � £ O1._ _ v m £ a8N1 � ILu c oo " taaaccoALL EE oOvo8 o2 % g. - 4,. a v aAq q > � '° EoEdt 9 c _ do2n ,cc2 m 5 ui.` ` oz R .Qq c aoua g N cc ocoo.c caoAwSa a 3 v4aoS u.'ca8 NEarian Z• uuOni .. mn ? E.0 oo5o Cav o 'aCcp . la a5 wm m CoCG oGaGwana . w0 Ooac ¢ d'vzv xv L i 0. 11 G d c G C V N V O R O G y A C V N C ..9 N 4 .W-. O. t T w .t, .Wi N M N G 1G d H N A 1i 2 W O f �� ^e N N OI eV m O V O O N .0 M W A ., .a .. .+ ., N • C N N N N N N = N N Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100582 Title:Stormwater Infrastructure Cost Participation 'Status:Proposed Category:Storm Water Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 5,000,000 - 5,000,000 - - - - - Description and Scope This program provides funding for planning,studies,acquisition,design,and construction of necessary stormwater infrastructure in partnership with private development projects. Purpose and Need The purpose of this program is to provide a cost sharing opportunity with the development community to construct necessary stormwater infrastructure that has been identified from the City's Stormwater Modeling and Master Plans. History and Current Status This project first appeared in the FY 2021-22 CIP. Operating Budget Impact Comments FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - TotalFTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/21-06/22 1,000,000 Site Acquisition 07/21-06/22 1,000,000 Construction 07/21-06/22 2,000,000 Contingencies 07/21-06/22 1,000,000 Total Budgetary Cost Estimate: 5,000,000 NO MAP REQUIRED Means of Financing Funding Subclass Amount Local Funding 5,000,000 Total Funding: 5,000,000 Fiscal Years FY22 through FY27 Capital Improvement Program Project:PG100583 Title:Wi-Fi in City Parks Status:Proposed Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Technology District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future 959,080 - 61,400 156,080 185,400 185,400 185,400 185,400 Description and Scope This project will provide outdoor public Wi-Fi capability at select sport fields at the Princess Anne Athletic Complex,City View Park,and the stage area at Mount Trashmore. Purpose and Need Sports leagues reserving fields at Princess Anne Athletic Complex and City View park have requested the ability to live-stream their events.Wi-Fi availability would also provide vendors the ability to take credit card payments from citizens at our events thereby smoothing the citizen customer service experience.In addition,adding Wi-Fi capability at the new open-air stage area at Mount Trashmore provides enhanced in-person experience for attendees and enables us to explore a streaming service for those unable to attend onsite events.This would give us the ability to reach a larger audience. History and Current Status This project first appeared in the FY 2021-22 CIP. Operating Budget Impact Comments FY22 FY23 FY24 FY25 FY26 FY27 Total Operating Budget Impacts - - - - - - TotalFTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/21-06/27 959,080 Total Budgetary Cost Estimate: 959,080 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 959,080 Total Funding: 959,080 4G,# mBEAC U • _, i City of Vera r j a B each 1. e ra-,s tk: ,, w ,4 r2 % OF OUR NAl1°44 VBgov.com PHONE:(757)636-1534 JOHN MOSS JDMOSSa VBGOV.COM COUNCIL MEMBER-AT-LARGE May 4, 2021 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I would be remiss if I did not preface my remarks by acknowledging the unenviable task of the Vice Mayor fusing the inputs from Council Members to produce the reconciliation amendments to the City Manager's recommended budget. Thank you, Vice Mayor Wood. My threshold for supporting the adjustments in the proposed reconciliation, though there are items that if voted on separately I would not support, is the adoption of a revenue neutral tax rate of$0.9887. The adoption of the former would represent a 1.13 cent reduction from the$1.00 real estate rate proposed in the draft reconciliation letter. This would require an additional offset of $7.04 million split by the School Funding Formula between the City and Schools. The City's share to liquidate the 1.13 cent adjustment would be an approximately $3.95 million offset by an additional attrition factor of 1%. The School additional adjustment would come to approximately $3.09 million. As noted by the Vice Mayor in his conversation with me,the Schools are showing an increase of$90 million in external funding over their baseline,which is annotated in the spreadsheet PDF file attached to the draft reconciliation letter provided by the Vice Mayor last Friday evening. The total cost of the additional City employee compensation is around $12 million. I think an indirect in-kind pay raise of just over$7 million via a revenue neutral real estate rate should not be a bridge too far to build. It is regrettable that we as a body failed to hash out in public an upfront fiscal guidance adopted in a Resolution to the City Manager. Once again, we have a reconciliation letter that is the product of one-on-one conversations with the Vice Mayor that were out of the public's view. I very early on and in a very public fashion communicated my input. Clearly, I hold the view on the need for real estate tax rate reductions from the State law default revenue neutral rate. Additionally, I identify the need to maximize our borrowing capacity reserved for investing in flood mitigation projects and drainage maintenance projects, and the need for analytical data based proposed budget adjustments. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 2 Attached is my critique shown in red text annotations to the draft reconciliation letter provided by Vice Mayor Wood last Friday evening. I will be making it public later today. I judged that I owed my peers the courtesy of receiving it first. Honorable people can have honorable differences for honorable reasons. My annotations on the attachment constitutes my honorable dissent from the majority honorable will of the body. The window of opportunity for persuasion to adopt a different course of action than the one shared in the attachment, if the window was ever opened, is now closed. Therefore, out of respect for your time and my own distaste for unproductive conversation, I will not be reading this letter into the record but will submit it for the record. I will focus on a couple of factual misstatements in the letter narrative that I believe you will want to correct. My alternative budget offered at a minimum a revenue real estate tax rate as a token expression of empathy to the financial hardship of those who lost a business,who lost a job, who had their work-hours cut, or any combination of the former and retirees struggling to survive meager social security increases,but has been rejected. I trust the judgment of the public on the course of action I have taken. My alternative maximized the allocation of bonded borrowing authority to what City Council states is our highest unfunded priority(flooding)by reallocating$69 million of debt capacity spread over six(6)years to flood mitigation and drainage improvements projects. The former reallocation on a new increase this year to fund accelerated school modernization was also rejected. I have to accept that you collectively found keeping more homes, businesses, and streets safe from flooding a lower priority. Going to a modernized school from a flooded-out home is a preferred outcome of the majority. I cannot accept the priority setting of the majority. The City Manager recommended an across the board pay raise of 3%. The City Manager's recommendations were more than sufficient for all, except for uniformed Police Officers and Sheriff Deputies until the Total Compensation Study, due to be delivered in late August to early September per our HR Director, is vetted and acted on. Collectively, City Council as a majority has come to a different assessment, and you owe me no explanation, as none of us are accountable to each other for the judgments we make. I supported and still do support a 5%to 7% additional pay raise (on top of the 3%general raise recommended by the City Manager) for uniformed Police Officers and Sheriff Deputies based on the real data of the manning, recruitment and retention crisis. I also identified $5.9 million in offsets to fund the additional raise plus retention and recruitment and relocation bonuses. There is no such crisis in the EMS and Fire Departments as documented by our HR Department in reply to my budget question, identified as budget question 64. There is no cause for action, in my judgment,until the Total Compensation Study is concluded and reported out. Since a majority of City Council supports a non-evidentiary based reasoning for employee pay raises and has embraced parity without any analytical foundation, neither of which was included in the City Manager's recommended budget, I struggle to understand why taxpayers are not entitled to the same parity consideration for a pay raise in terms of a revenue neutral real estate tax rate of$0.9887 or less. The truth is they are entitled to the former, and this reconciliation 3 letter proposal of a real estate tax rate increase of 1.14% from a$0.9887 to a$1.00 is a strong signal of indifference. I would judge my vote on what being proposed as voting for the indifference to the financial hardships being incurred by the private employers,private sector workers, and retirees. I am not indifferent to their financial hardships, and I am comfortable with making the few upset in doing my duty on behalf of the many. My concurrence is withheld. Sincerely, d ))/L John D. Moss cc: City Manager City Attorney City Clerk 04 1 _ City of Virg rii a Beach �r ., o�q FY v 9�8 OF OUR NAT\� 6� ROBERT M."BOBBY"DYER VR corn MAYOR MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE A 23456-9030 Red text are annotations made by me, Council Member Moss to this �Rc�N�BEA (757)385-4581 F FAX(757)426-5699 unsigned and presumed draft letter forwarded on Friday, April 30, 2021 in an email from Vice-Mayor Wood to members of City Council and its transmission qualified the document/letter as subject to FOIA and public release I am certain my annotations will be met with anger and disappointment by some and others will respond with praise and thanks. I did not invest forty-one years plus of civil service without the Navy's ethos of honor, courage and commitment being infused into my being. I want to think my receiving the Navy's highest civilian honor, the Navy Distinguished Civilian Service Award, from the Secretary of the Navy was because I spoke the truth to power in fulfilling my duty beyond all reasonable expectations with outstanding results. Consistent with the former, I have exercised my council member duties without regard to future election consequences, being true to my oath to give you the public the benefit of my best and objective judgement. "Trying to get everyone to like you is a sign of mediocrity. You will avoid decisions,you will avoid confronting the people who need to be confronted, and you will avoid offering differential rewards based on performance because some people might get upset. " General Colin Powell's leadership primer May 4, 2021 Members of City Council Subject: FY 2021-22 Operating Budget and Capital Improvement Program (CIP) Reconciliation Dear City Council Members: As the economy continues to improve, the City of Virginia Beach emerges from the COVID-19 pandemic in a stronger budget position than anticipated. The steps taken to address the economic impacts of the pandemic over the last year, combined with a tradition of sound financial management practices and conservative fiscal policies, have been effective. While a complete recovery will take time, the FY 2021-22 budget allows the City to implement several new initiatives in City Council's critical focus areas. Among these are tax reductions for the citizens of Virginia Beach, pay increases for City staff, pay supplements for various employees of the Commonwealth to address pay disparity,and other notable investments in the community that will continue to make Virginia Beach a safe and welcoming city for citizens and visitors alike. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page12 Council Member John Moss annotation: There is no tax reduction in this budget for citizens. A fuller explanation is provided later in my review. The current real estate tax rate is $1.0175. The City Manager recommended budget proposed a real estate tax rate of $1.0075. This draft Reconciliation Letter proposed a real estate tax rate of$1.00. By operation of state law, the real estate tax rate would be set at $0.9987 unless City Council, after a published public notice and a public hearing at least ten days prior to public vote, voted to increase the real estate tax rate higher than the revenue neutral rate, in this case $0.9887. Therefore, a proposed real estate tax rate of $1.00 is not a tax reduction as the letter states. There is no nice way of saying that the statement "...tax reductions for the citizens" is false. Yes, the proposed rate of$1.00 is less than the current year rate of $1.0175, but the current rate has no legal meaning in the context of adopting next year's budget. In fact, the real estate tax rate is being increased 1.14 percent and the average assessment increased 3.7 percent. The reality is that almost everyone is going to get a property tax bill increase. So even with their misrepresentation of the baseline for which a real estate tax rate change should be evaluated, the letter states "tax reduction"not "tax rate" reduction. The$1.00 rate being proposed will reduce the property taxes actually paid by Beach residents to a very small subset of taxpayers. Why the drafters could not comprehend that the very Beach residents the Council compliments for being very discerning and who recently not too long ago received their property tax assessment notices would not see expression for its real value- being nice here- escapes me. If they actually believe that there is truth to it, that is much worse. Beach taxpayers and businesses are not getting the tax relief that is warranted and no syntax, no matter how well constructed and sequenced, can change that fact. On March 23, 2021, the City Manager presented his Proposed FY 2021-22 Operating Budget and Capital Improvement Program(CIP).After several weeks of City Council workshops and briefings focused on extensive virtual and email discussion along with public input at hearings and via social media, it is recommended that the Operating Budget and CIP be adopted with the following adjustments: 1. Provide an additional 1.5% compensation increase for all Non-Public Safety City employees at an estimated cost of approximately $5,030,892. This amount will be added to the General Fund compensation reserve. Related expenses would be charged to departments across funds based on staffing allocations. 2. In order to recruit and retain the best public safety professionals, and to keep the City of Virginia Beach's public safety departments competitive with the market, more specifically Police,Fire,EMS, and Sheriff,an additional $7,397,764 will be added to the budget to provide a 5.5% structural (general)compensation increase for these sworn/uniformed City employees. Inclusive of the 3%salary increase outlined in the City Manager's Proposed Operating Budget, public safety compensation will rise a total of 8.5% for sworn/uniformed employees in FY 2021-22. This funding will be placed in a dedicated reserve in the General Fund for allocation to the specified departments upon implementation of the FY 2021-22 Operating Budget. To provide long-term sustainability for these compensation adjustments,one cent($6,238,245)of the existing real estate tax rate is dedicated for this purpose. This dedication will result in the Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 13 omission of this revenue from the School Funding Formula. To offset this revenue loss of $2,916,379 to the Schools, a negative City Manager adjustment will be placed in the School Operating fund until the School Board adopts a resolution with information that outlines a plan to reconcile to the final Revenue Sharing Formula amount for FY 2021-22. Council Member John Moss annotation: More exhaustive comments on this issue can be found under item 19 in the Offsets and Revenue Section. My remarks here are in alignment with School Board Members Weems, Manning, and Hughes that voted against an across-the-board 4.5 percent raise for ALL School Board employees and 0.5 percent raise for a step increase. School Board Members Weems, Manning, and Hughes supported, as do I, a 5 percent raise for teachers actually in the classroom. City employees, unlike their counterparts in the private sector, never lost a day of wages, were never laid-off, never lost their health insurance, etc. In fact, City employees received COVID bonuses last year. Their COVID risk was not greater than their private sector counterparts stocking grocery shelves, providing home health care, conducting private trash collection, performing cleaning services, etc. The City Manager's recommended raise of 3 percent was generous given what others have received. This is without taking into account all the benefits that private sector workers do not share in, but are taxed to provide to others. The 5.5 percent additional raise(over and above the City Manager's proposed general increase of 3 percent) for uniformed police officers and deputy sheriffs is merited based on unprecedented manning shortfalls driven by recruiting shortfalls, attrition reasons other than retirement,and retirements whose impact is aggravated by recruiting difficulties. Additionally, localities are giving differentiated pay increases to uniformed police (raises not universally extended to all public safety occupations that are not incurring critical manpower shortfalls and recruiting challenges). The manning, recruitment and retention crisis in the Police Department is exactly why City Council must significantly increase the salary increases for uniformed police officers and sheriff deputies distinct from fire and EMS uniformed personnel. Fire and EMS departments are not experiencing recruitment and retention difficulties. There is no parity with an occupation (uniformed police officer and sheriff deputy) that is vested with the power to temporarily deny you of your liberty and to take the life of a person when circumstances require it and when the officer alone carries the burden in a split second of making that circumstance assessment. No other occupation finds the incumbent's judgment being second guessed and reviewed that could result in the incumbent being imprisoned at worst, or the loss of one's career. I understand the political attractiveness of parity, but the reality is that there is no occupation in the City that is on parity with that of a uniformed police officer or sheriff deputy. If the City Council is going to stay the course with the additional the non-analytically evidence based, 5.5 percent pay raise for uniformed EMS and Fire department personnel, then Council should honor the real differentiation that uniformed police officers and sheriff deputies represent by granting them 6.5 percent raise (an additional 1.5 percent). Failing to make the obvious differentiation fails to honor and acknowledge the magnitude of the duty our uniformed police officers and sheriff deputies undertake. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page l 4 3. In order to improve recruitment and retention efforts within the Police Department, an additional $1,111,587 is included within the Department's FY 2021-22 Operating Budget to provide college incentive pay and longevity incentive pay. 4. Reduce General Fund Real Estate Tax revenue to implement an additional reduction of 0.0075 cents to the Real Estate Tax Rate and,through a negative reserve,reduce the Revenue Sharing Formula revenues for Schools by$2,187,285 to account for their proportionate amount of this total negative $4,678,684 adjustment. The City share of this revenue loss is $2,491,399. This reduction brings the real estate tax rate to $1.00 per $100 of assessed value for FY 2021-22. Virginia Beach's Real Estate Tax Rate remains the lowest in the region and the only city to reduce the rate at the time of this letter. Council Member John Moss annotation: See annotation below to understand when adjusting for the trash fee, a fee that Chesapeake does not have, the claim of VB having the lowest real estate tax rate in the region is not correct. A penny higher than Chesapeake is not a large absolute rate value difference,but the penny difference equates to approximately $6.2 million for VB. When you take into account that Chesapeake does not have a large tourism industry and lacks four major employing military installations within its City limits,their real estate tax rate of $1.05 takes on a different context. To be balanced, Chesapeake does not have the academy system we have or the recreation centers or the extensive regional park system. The point is that there is no reason to continue to make misrepresentations of having the lowest rate in a chart so easily proven to be less than truthful. The real claim is that we offer the highest value for the price paid. The fact that the composer(s) of this unsigned and presumed draft letter(staff not the Mayor and Vice Mayor) did not comprehend the former is telling. Now the fact that we offer the greatest value is not a justification of expending unjustified raises (unjustified means no data sets and analysis of same has been offered in explanation by anyone) of 4.5 percent and 8.5 percent across the board to all non-public safety employees and all public safety employees,not just uniformed police officers,respectively. At the same time, this letter communicates to taxpayers, who will have to lower their personal living standard to pay for the raises,that Council will not provide them a raise too in the form of a revenue neutral real estate tax rate— at a minimum. Beach residents deserve better than political pandering at the taxpayers 'expense. (see chart at bottom of this letter) Proposed FY 2021-22 Real Estate Tax Rates per$100 Change From Base Citywide Amount FY 2020-21 Chesapeake $1.05 $ - Hampton $1.24 $ - Newport News $1.22 $ - Norfolk $1.25 $ - Portsmouth $1.30 $ - Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 15 Suffolk $1.11 $ - Virginia Beach $1.00 $ (0.0175) Council Member John Moss annotation: Per state law, the real estate tax for FY 2021-2022 is set at the revenue neutral rate of$0.9887. The current rate($l.0175) has no material meaning under state law. The state permits the City Council to increase or lower the real estate tax rate from the default revenue neutral rate by holding a public hearing (held April 27th) and then by taking a formal vote(May 11 th). In fact, the proposed real estate tax rate of$1.00 represents a 1.14 percent increase in the real estate tax rate. Additionally,the chart is not normalized to reflect that residents of the City of Chesapeake receive their solid waste pickup within their real estate tax rate. As documented on page 21 of the Resource Management Plan,the total trash fee collected amounts to$37,530,987. Divide the former by$6.2 million (estimated collectible value of a penny of real estate tax) you get the equivalent of 6.05 cents. Therefore, when normalized, VB real estate tax rate becomes approximately $1.065 for apple-to-apple comparison and a full disclosure chart looks much different. I would say that the chart fails the transparency test. Now it may be that Chesapeake increases their real estate tax rate this year and a future chart, properly normalized, may change the claims that may be made. 5. Pending the establishment of a one-year Memorandum of Understanding(MOU),the City will provide up to $500,000 for a pay supplements to state attorneys in the Virginia Beach Office of the Public Defender to address pay disparity between public defenders and prosecutors working in the Commonwealth's Attorney's Office. This amount will be added to the General Fund Non-Departmental FY 2021-22 budget. An MOU is necessary as City staff cannot confirm payroll amounts for these state employees or verify payment amounts to be made without regularly updated information from the Public Defender's Office. This MOU will be reviewed yearly as part of the budget process. Supplements will be subject to audit to ensure that payment amounts are accurate. This supplement in FY 2021-22, combined with the 5% state pay increase and $5.7 million provided statewide by the Commonwealth to address recruitment and retention needs in Public Defender Offices will hopefully address the needs and concerns expressed by the Virginia Beach Public Defender's Office. 6. Pending the establishment of a one-year Memorandum of Understanding(MOU),the City will provide $114,000 in the FY 2021-22 Operating Budget to implement salary supplements for state employees of the Juvenile and Domestic Relations Court ($44,400) and the General District Court ($69,900) to address the high turnover rate by providing a retention incentive for court Clerks. This MOU will be reviewed yearly as part of the budget process. 7. Increase General Fund Non-Departmental contributions by $300,000 to support the Virginia Museum of Contemporary Art (MOCA) for additional incremental marketing and grounds services for a solo exhibition of the work by artist Maya Lin opening in April 2022. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 16 8. Increase General Fund Non-Departmental contributions by $220,000. This funding will be provided for costs associated with the purchase and installation of structures and equipment to create playground and activity space in the Friendship Village neighborhood. 9. Due to the pandemic, the staffing of ambulances with volunteers has become increasingly difficult. To provide Emergency Medical Services staff with relief and to ensure emergency responses occur in a timely manner, an additional $278,133 is being added to the Department of Emergency Medical Services Operating Budget. This funding will allow EMS to accelerate the hiring timeline for FTEs included in the City Manager Proposed Budget for the Burton Station Fire/EMS Station. These FTEs will be authorized for hiring July 1 as opposed to January 1. 10. To recognize a grant funded position recently approved by City Council, an additional Administrative Specialist FTE is added to the FY 2021-22 Operating Budget within the Office of Emergency Management. This position will support the City's Flood Mitigation Assistance Program. The addition of this position will not increase the Operating Budget as the grant is a multiple year grant that has already been accepted and appropriated.This action will only result in the increase of 1 FTE. 11. Increase General Fund Non-Departmental Regional Grants by$35,000. Grant funding is to be provided to Hampton Roads Pride ($10,000) and Eggleston ($25,000), a non-profit organization that provides education, job training, and employment for individuals with disabilities. 12. Implement a plan to operate the Family Shelter at the Housing Resource Center when the current contract with Samaritan House expires on July 1, 2021. The plan, which involves multiple personnel changes including two new FTE positions(Housing Specialist I and II) and some contractual hires, will save the City approximately$33,511 in FY 2021-22. 13. The Virginia Department of Behavioral Health and Development Services Region V-Eastern Region has been awarded funds from the Commonwealth to operate a Children's Mental Health Mobile Crisis Response hub. Through this program,a crisis clinician will be dispatched upon receipt of an emergency call and will assist with the stabilization of the individual, the creation of a safety plan, and the arrangement of follow-up services with the local Community Service Board. The Virginia Beach Department of Human Services has been selected as a secondary hub within Region V for this program and,therefore,will receive funding to support four Crisis Clinician FTEs and related operating costs, including one-time expenditures. The total cost of these positions in FY 2021-22 will be $413,722. Virginia Beach will receive $347,796 from the Commonwealth and will estimate $15,000 in Medicaid funding to offset these costs. Existing resources in the amount of$50,926 will be reallocated within the Human Services Operating Budget to support the residual amount necessary to support one-time costs for this program in FY 2021-22. 14. The Virginia Department of Behavioral Health and Development Services Region V-Eastern Region has been awarded funds from the Commonwealth to operate an Adult Mobile Crisis Services hub. Through this program, a crisis clinician will be dispatched upon receipt of an emergency call between the hours of 2:00 PM and 10:00 PM and will assist with immediate Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 17 crisis intervention and long-term stabilization. These services are intended to be provided at the individual's home or in a public setting. The Virginia Beach Department of Human Services has been selected as a secondary hub within Region V for this program and,therefore, will receive funding to support three Crisis Clinician FTEs and a Behavioral Specialist and the related operating costs of these four positions, including one-time expenditures. The total cost of these positions in FY 2021-22 will be$422,162. Virginia Beach will receive$369,506 from the Commonwealth and will estimate$4,926 in Medicaid funding to offset these costs.Existing resources in the amount of$47,730 will be reallocated within the Human Services Operating Budget to support the residual amount necessary to support one-time costs for this program in FY 2021-22. 15. Increase the Human Services Operating Budget by$102,108 and one Clinician FTE. Effective July 1, 2021, the Commonwealth of Virginia will require that all Community Services Boards provide mental health services for members of the armed services located 50 miles or more from a military treatment facility and veterans located 40 miles or more from a Veterans Health Administration medical facility as a core service. More broadly, and without respect to geography, the Commonwealth also intends to supplement federal clinics to ensure that all service members and their families have adequate available resources. To support these aims, the Commonwealth has appropriated funds in their budget to support military and veterans ' services. The Virginia Beach Department of Human Services will receive funding from the Commonwealth in the amount of $102,108 to support one clinician FTE, operating expenditures, and the initial costs of this position to assist in the provision of these services. The focus of the clinician will be for treatment of Post-Traumatic Stress Disorder,other forms of trauma,and substance use disorders.This position is fully supported by the Commonwealth. 16. Create a dedicated reserve in the amount of$104,880 in FY 2021-22 for the purchase of fixed and mobile versions of Automatic License Plate Reader equipment and technology for installation throughout the City as demand requires.This reserve will not be released until City Council adopts a governing policy regarding the usage of the technology. Should these readers be acquired, there will be an annual recurring cost of$75,000. 17. Increase the Police Department's Operating Budget by$120,000 to provide an independent assessment of the Virginia Beach Police Department's current policies and procedures, including body-worn cameras and use of force. 18. Establish a dedicated reserve of$100,000 to support a potential Citizens Review Panel that would act as a law-enforcement civilian oversight body. These resources may be used to provide support through contractual services if and when the City Council makes a determination to move forward and establishes the guidelines and authority of the panel. Offsets and Revenue 19. To provide resources and offsets for increases related to items 1-18,the following adjustments are made: — Reduce$3 million in the General Fund allocated to a Market Salary Survey Reserve. Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 18 Council Member John Moss annotation: This represents a 100 percent reduction of the amount reserved to implement the findings of the Total Compensation Study due this late August/early September. Where will the funding come from to implement any salary adjustments required by the Study's findings? You would be right to ask why there is a need for a compensation study after these non-empirically based salary increases. If we continue with the study and the results do not validate all the salaries increased, are the City Council and City Manager going to lower their salary to reflect the study results? Of course not. If the study reveals that we did not increase some occupations salaries enough, will they be increased? Of course. Taxpayers have their earnings taken unjustly because a majority of City Council is making emotional, at best, not data-based decisions. Your pension adjustments, if you are lucky enough to have one, your social security adjustments, and your private sector pay adjustments are based on data and analysis. City employee raises being proposed in this letter require a City Council majority to unjustifiably confiscate more of your income, because they are not willing to make the hard choices to pay for their politically pandering out of a revenue neutral real estate rate of 98 cents. - I offer the following as just one example, an 8.5 percent raise is merited for uniformed police officers and deputy sheriffs, but not an across the board 8.5 raise for all public safety employees. Nor is the across-the-board 4.5 percent raise for all City employees justified in light of the financial suffering imposed on families and businesses by the COVID pandemic. Fairfax Virginia County Beach Starting Salary for a Firefigher $56,840 $45,448 Median Household Income 2019 data $122,221 $75,623 Starting Salary for a Firefigher as a percent of median household income 46.51% 60.10% medain single family home $597,500 $309,900 Starting Salary for a Firefigher as a percent of median single family home 9.51% 14.67% Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 19 Cost of living Index with 100 equal to the US average 15 2 105.6 What one would have to earn to match current employer salary in Fairfax if moved to VB $38,857 What one would have to earn to match current employer salary in VB if moved to Fairfax $66,481 Virginia Beach purchasing power advantage $6,591 You can go on the web, as 1 did an in an hour, and search the Fairfax County and VB websites, cost of living indexes, and Zip recruiter to yield these statistical results. It is true that numbers have their limits and that a narrative is required to give them context. These stats are not offered to diminish the value of firefighters. Firefighters in terms of value added to the community and the same holds true for police officers are no more value added than the minimum wage paid person who keeps a workplace restroom clean (remember, sanitation not medical services has contributed the most to longer life spans) value to society is not represented by one's compensation. Compensation is determined by the market place- what does it take to recruit the quality and quantity of labor necessary in the context of the vacancy rate, attrition rate, and retention rate and ability to recruit that are acceptable. It is more than just challenging to find people who want to be police officers, police officers who want to remain officers, and police officers who do not want to retire as soon as possible. Same is true of sheriff deputies. Such is not the case for uniformed EMS and Fire department personnel Per Zip Recruiter query. Top 50 Highest Paying States for Firefighter Jobs in the U.S. [https://www.ziprecruiter.com/Salaries/What-Is-the-Average-Firefighter-Salary-by- State] "We've identified seven states where the typical salary for a Firefighter job is above the national average. Topping the list is New York, with New Hampshire and Wyoming close behind in Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page I10 second and third. Wyoming beats the national average by 6.2%, and New York furthers that trend with another $8,481 (19.1%) above the $44,421. Significantly, New York has a very active Firefighter job market as there are several companies currently hiring for this type of role. With only a handful of states paying above the national average, the opportunities for economic advancement by moving to a new location as a Firefighter is a decision to make with some caution. Factoring in cost-of-living expenses should be considered as well." Now the above suggest that there is no shortage of qualified individuals willing to become firefighers (supply versus demand); thus, is no manpower shortage issue driving up salary increases over normal inflation adjustments. The above is just a macro look. So, a good question is, is the City having a difficulty in hiring fire fighters as we are with police officers and deputy sheriffs? I asked that very question and you can read the answer provided by the City and draw your own conclusions: Question Number 46: What is the number of qualified applicants and number of highly qualified candidates per paid EMS and fire fighter applicants? Date Requested: 4/13/21 Requested By: Councilmember Moss Department: City Staff answer: "EMS and Fire Response: Emergency Medical Services 'most recent hiring process for a career paramedic occurred in March 2021 for one vacancy. The department had 30 qualified applicants and 12 were interviewed for the position. Prior to that, in January 2020, the department sought to hire for six vacant paramedic positions that were intended for the new Burton Station Fire and EMS Station. The department was able to fill five of these positions, as one of the vacancies was eliminated due to the postponement of the ERU rate increase. For this hiring process, the department had 33 qualified applicants and interviewed 30 individuals. The department has indicated that it has never had any difficulty filling a career paramedic position. According to the Fire Department, 611 individuals applied to attend the recruit school during the department's last hiring process. Of those, 32 were allowed into the school and 30 individuals successfully completed the training. In addition, the number of certified recruit applicants (e.g., individuals who are already firefighters in another locality) totaled 152. Of those, seven applicants entered the recruit school and all seven completed the training. In both cases, approximately 5% of the applicant pool completed the training, which, according to the department, mirrors the total average turnover rate. Both departments indicated that there is no designation between "qualified" and "highly qualified"applicants. According to Emergency Medical Services, the department looks for qualities that support career Emergency Medical Services personnel, including individuals who work smoothly with volunteers and who have a solid ability to train and mentor volunteer EMS personnel and Fire Department personnel in the field. According to the Fire department all recruits would have similar qualifications. Certified recruits are firefighters who come from another fire department, so they would also have similar qualifications." Council Member Moss: I fully support the general 3 percent raise for fire fighters and EMS, but there is no data-based justification for an additional 5.5 percent raise. Now if the Total Compensation Study that is supposed to report in late August/early September of this year proves Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 111 otherwise, adjustments could be made. If you are a business owner, do you make your compensation decisions like City Council? If you are a taxpayer who works for others or is retired, do you endorse compensation based on emotion? That is the path a majority of City Council is taking and passing you the bill. I appreciate the value added of all public safety workers, but one's occupation does not grant an exemption from one's compensation being determined by reasoned based analysis, especially when deviating from reason is subsidized by lowering the personal living standards of the many for the few by the exercise of the coercive power of government to confiscate Beach residents and businesses 'earnings. As Supreme Court Justice John Marshall stated, "the power to tax involves the power to destroy." - Reduce General Fund debt service by $1,525,013. Updated estimates have the bond sale occurring in the Fall, resulting in one less interest payment occurring from the projected sale. - General Fund Interest Income is increased by$1,000,000. Council Member Moss annotation: Good news is increased revenue. Bad news it all went to increased spending. - Offsetting a portion of the General Fund and Sheriff Special Revenue Fund compensation is an increase of State Compensation Board revenue in the amount of $809,121. - Eliminate the Proposed Health Insurance Reserve of$1,500,000 in the General Fund. This will keep the employers 'health insurance contribution flat and rely on the use of fund balance from the Health Insurance Fund. Council Member John Moss annotation: Since the City in reality is self-insured for medical claims, does this mean now having no reserve that if actual expenditures exceed premiums paid that the taxpayers would get the bill? - Appropriate $879,880 of General Fund fund balance reservation from the Emergent Needs Contingency Reserve. - Attrition savings in the amount of$6,139,751 will be used to balance the General Fund. Council Member John Moss annotation: My recommendation was to use attrition savings to get the real estate tax to the revenue neutral amount of$0.9887. When you lower the real estate tax rate per the school funding formula the offset allocation is approximately 54 percent City and 46 percent schools. Now you get a 1.14 percent increase in the real estate tax rate to $1.00 and your actual bill for many based on your updated property tax assessments will increase. Your discretionary income gets reduced on top of the reduction you have already experienced due to the COVID pandemic. • Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 112 Schools 20. Modify the Schools 'FY 2021-22 Operating Budget and CIP to reflect additional adjustments made by the School Board on April 13, 2021. These changes include: — a$3,965,636 decrease in revenue from the School Reserve Special Revenue Fund,reflected as a reduced transfer to the School Operating fund, — an $11,529,233 increase in revenue from the Commonwealth, — an increase in Federal grant revenue in the amount of $82,443,644 to account for anticipated funding from the American Rescue Plan Act recently passed by Congress, — a reduction equal to the City Manager's negative reserve of$2,853,854, and This increased revenue is offset with additional appropriations. These changes include: — a $4,709,743 appropriation to the School Operating fund to increase additional duty supplements; implement market adjustments for bus drivers and identified clerical positions; increase the number of specialized student support positions as required by the Standards of Quality; and provide additional teachers for the AVID program and An Achievable Dream Academy(total additional 17.0 FTEs), and — an additional appropriation in the amount of $82,443,644 in Federal grant funds for expenses allowable under the American Rescue Plan Act recently passed by Congress. Council Member John Moss annotation: While City Council has communicated that unfunded drainage maintenance and flood mitigation projects are the City's highest priority, $69 million of additional borrowing authority from the City's overall very limited available borrowing capacity is being given to schools to accelerate school replacement and modernization in lieu of keeping residents 'homes and businesses dry and streets passable. • Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page j 13 CIP 21. Establish a Stormwater CIP project 100582 titled"Stormwater Infrastructure Cost Participation"to provide a cost sharing opportunity with the development community to construct necessary stormwater infrastructure that has been identified from the City's Stormwater Modeling and Master Plans. Added to this project in year 1 of the CIP is $5,000,000 of General Fund fund balance. 22. Direct the Department of Public Works to support the City's participation in the Virginia Conservation Assistance Program (VCAP) sponsored locally by the Virginia Dare Soil and Water Conservation District(SWCD). Within the scope of the existing CIP Project 100472 "Water Quality Cost Participation Projects II,"the City will work with the SWCD to publicize and disseminate information about VCAP to Virginia Beach citizens. VCAP provides financial, technical, and educational assistance to property owners in the Chesapeake Bay Watershed for implementing eligible stormwater control practices. If approved through the VCAP process,most practices are eligible for 75% financial reimbursement. The City may reimburse property owners for the remaining expenses not covered by the program. No new funding is needed in the FY 2021-22 budget. 23. Appropriate $500,000 of General Fund fund balance in FY 2021-22 to support CIP project 100581 "Crime Prevention Through Environmental Design(CPTED)."The Police Department will conduct and augment assessments presently being examined by the new Resort Liaison Squad.The focus of these studies is to modify the built environment in locations that presently attract crime and disorder. Once assessments are completed, funding will be available in the CIP project for the purchase of equipment and supplies necessary to create safer environments. Enhanced lighting is one example of equipment that may be purchased to support this initiative. 24. Appropriate $630,000 of General Fund fund balance to CIP Project 100580 "Gunshot Detection System"to cover annual costs for this technology deployed in the Oceanfront area. Increase years 2 through 6 of the CIP by $630,000 per year to be supported by General Fund Pay-As-You-GO. 25. Appropriate$1,640,000 of General Fund fund balance to "Operations Facilities Renovations" CIP project 100291 to alter plans for Building 2 to include a technologically advanced, data- driven command center in the future Police Headquarters. 26. Appropriate additional funding for"Public Safety Equipment Replacement"Project 100325 in years two through six of the CIP. The project funds will increase by $250,000 per year to be supported by General Fund Pay-As-You-GO. This action will support future replacement of Police Department technology and equipment. 27. Establish CIP Project#100583 "Wi-Fi in City Parks"within the Information Technology CIP section to provide outdoor public Wi-Fi capability at select sports fields at the Princess Anne Athletic Complex,at City View Park,and at the stage area at Mount Trashmore.Wi-Fi at these parks will be phased in over a three-year period. Appropriated to this project in year 1 of the CIP is $61,400 in General Fund fund Balance. Funding is increased in year two of the CIP by • Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 114 $156,080. Funding is increased in years three through six of the CIP by $185,400 per year. Increases in years two through six of the CIP are supported through the increased use of General Fund Pay-As-You-GO. 28. Direct the Security Office within Emergency Management and the Information Technology Department to install intercoms throughout the Municipal Complex as deemed necessary. Funding for this initiative will be supported through the funding programmed in the existing CIP Project#100392 "City Security Enhancements." 29. Appropriate $1,000,000 of General Fund fund balance to CIP Project #100299 "Park Playground Renovations III" to address the backlog of playground maintenance needs throughout the City. Details about the funding sources and appropriation adjustments outlined in this letter are identified on the attachments. We want to thank the citizens who participated in public hearings or weighed in on social media to offer their comments on the FY 2021-22 Operating Budget and CIP and the staff members who made every effort to provide answers to our various questions and respond to our requests for information. If you have any questions,please contact us directly. Sincerely, Robert"Bobby"M. Dyer, Mayor James L. Wood, Vice Mayor Attachments Attachment A CIP Project Detail Sheet 100582 "Stormwater Infrastructure Cost Participation" CIP Project Detail Sheet 100583 "Wi-Fi in City Parks" Council Member John Moss annotation: I have often said that the reasons why an elected legislator votes the way they do is equal or often more important than the reasoning they gave for their vote. My colleagues, to the extent this letter forwarded by the Vice Mayor reflects a majority consensus, have come to a different conclusion than I have as to the budget that best represents the public's interests. I am not accountable to them and they are not accountable to me. Each of us is accountable to you. Each of us is limited to exercising accountability in a collective sense only on Election Day, as there is no recall provision in our City Charter. I suffer under no delusions that my colleagues are likely to have an epiphany to align with my thinking prior to formal budget adoption on May 11, nor that I am likely to have an epiphany to align with the budget reconciliation letter. There was much in the City Manager's budget recommendation that I supported. There is little in the proposed City Council amendments to his recommended budget that I find is a need. I said I would not vote for a budget that did not, at a minimum, include a revenue neutral real • Members of City Council FY 2021-22 Operating Budget and CIP Reconciliation Page 115 estate tax rate. The proposed budget in this reconciliation letter, in my judgment, turns its back on providing much needed tax relief. 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Vice Mayor Wood advised the Mayor's Commission on Offshore Wind and Clean Energy has had one (1) virtual meeting so far and currently has twenty-three (23) members representing the military, utility companies, as well as civic, business and regional leaders who make up an eclectic group who are ready to move forward. Vice Mayor Wood advised the next meeting will be scheduled to be held in person. May 4, 2021 17 CITY COUNCIL LIAISON REPORTS ITEM#71542 (Continued) Vice Mayor Wood advised since reconstituting the Board of Building Code Appeals, there has been one(1) in person meeting and two (2) virtual. The meetings have provided members updates on state codes and the next one will provide training from the City Attorney's office on open meeting requirements and conflict of interests. Vice Mayor Wood advised it is refreshing to see all members in attendance and ready to hear appeals. May 4, 2021 18 CITY COUNCIL LIAISON REPORTS ITEM#71543 (Continued) Council Member Moss advised the Stormwater Appeals Board is working on amending the composition to five(5)members that will include an academic engineer, lawyer,practitioner and citizen members. Council Member Moss advised he reached out to an academic engineer and is hopeful to find a member to fill that requirement and plans to bring the proposed amendment to the Body in July for consideration. May 4, 2021 19 CITY COUNCIL LIAISON REPORTS ITEM#71544 (Continued) Council Member Wilson advised the Broadband Commission will meet on May 14`h to evaluate the Request for Proposals sent out for PPE from private sector to build and operate the ring and another one for the localities to build it. Council Member Wilson advised there may be funding available for within the Rescue Act; however, a determination may not be made until next year on the amount. Council Member Wilson further advised the design is 60%complete. May 4, 2021 20 CITY COUNCIL COMMENTS ITEM#71545 1:34 P.M. Vice Mayor Wood advised the City Council Meetings have been held at the Convention Center for a while and there are a number of requests to go back to City Hall as early as July and asked the Body if anyone did not want to move back, with the understanding the air quality will be managed through reducing occupancy? Is there anyone who doesn't want to move back? Amanda Barnes, City Clerk, advised waiting until after July will allow adequate space for the short term rental public hearing to be held. Council Member Rouse advised he rather stay at the Convention Center but is open to moving back if that is the will of the Body and asked what the parking arrangement will be with the current construction and how many seats will be available for the public. City Manager Duhaney advised parking will be available for the public with spaces reserved for the Body with approximately twenty(20) to twenty-five(25)seats available for the public in the chamber with thirty (30) to forty(40)additional seats in the lobby. Council Member Moss asked what the occupancy in the conference room will be, advising his concurrence to moving back to City Hall is going to based on the layout of the conference room. Council Member Henley advised she would like to move back to City Hall and asked what the status is on vaccinations and if there is a plan for encouraging people who are hesitant to getting vaccinated? May 4, 2021 21 CITY COUNCIL COMMENTS ITEM#71546 (Continued) Council Member Abbott distributed copies of "Resolution to Create the Urban Agriculture Advisory Committee" attached hereto and made a part of the record. Council Member Abbott advised this was drafted in 2019 to address owning backyard hens and potbelly pigs for those not living in agriculture districts. Council Member Abbott advised the proposed creation of the Urban Agriculture Advisory Committee will address three items specifically:hens, mini or potbelly pigs and composting program. This draft includes composition requirements totaling eleven (I I) members; one (1) citizen from each district plus four (4) At-Large and staff support from the following Departments; Agriculture, Housing and Neighborhood Preservation, Planning Department, Health, Animal Control Unit and City Attorney. Council Member Abbott advised Council Member Berlucchi is a co-sponsor and asked him if he would like to make any additional comments. Council Member Berlucchi advised this issue was brought before City Council before he was appointed but he has since been made aware that there is a large group of citizens who would like to see a resolution and he is hopeful the proposed Committee will be able to provide a recommendation. May 4, 2021 REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI 1 A RESOLUTION TO CREATE THE URBAN 2 AGRICULTURE ADVISORY COMMITTEE 3 4 WHEREAS, the City Zoning Ordinance was enacted to promote and protect the 5 health, safety and general welfare of the people of the City; 6 7 WHEREAS, the ordinance implements the comprehensive plan of the City by 8 encouraging the most desirable use of land for residential, agricultural, commercial, 9 industrial, and other purposes by good civic design and arrangement, among other 10 things; 11 12 WHEREAS, the AG-1 and AG-2 Agricultural Districts were implemented to protect 13 and preserve agricultural lands for agricultural functions and to protect and preserve 14 agricultural lands and activities in the rural areas of the City in harmony with reasonable 15 levels of rural residential development; 16 17 WHEREAS, City Code § 5-543 restricts persons who live in zoning districts other 18 than the Agricultural Districts from possessing what may be colloquially known as 19 barnyard animals, including poultry and swine, and the Zoning Ordinance prohibits 20 persons who do not live in Agricultural Districts from engaging in certain agricultural 21 activities; 22 23 WHEREAS, several City residents who desire to own backyard hens or other 24 animals but are unable to do so because their homes are not in an Agricultural District 25 have asked the Council to consider amending the City Code to allow such ownership; 26 27 WHEREAS, residents have also inquired about a City composting program that 28 could divert waste from landfills, which could enrich soil, decrease the potential for 29 groundwater pollution, and reduce the cost of using landfills; 30 31 WEHREAS, the City Council would benefit from receiving advice and 32 recommendations of a citizens committee composed of persons with experience in 33 agricultural matters as wells as residents who do not live in Agricultural Districts to 34 determine the best paths forward with respect to agriculture in urban areas. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 1. The City Council hereby establishes the Urban Agriculture Advisory 40 Committee. 41 42 2. The committee shall serve in an advisory capacity to the City Council, and 43 the City Council shall appoint its members. 44 45 3. The Committee shall consist of eleven members who reflect the 46 geographical makeup of the City Council, with one member from each Council district and 47 four members serving at large, and it should include persons with agricultural expertise 48 along with residents of urban areas. 49 50 4. Staff support shall be provided by the Planning Department along with 51 representatives of the Department of Agriculture, the Department of Housing and 52 Neighborhood Preservation, the Health Department, the Animal Control Unit, and the City 53 Attorney's Office. 54 55 5. The committee shall study issues referred to it by the City Council, the first 56 two of which are the issue of backyard hens and mini-pigs in districts not zoned for 57 agriculture and a City composting program, and it shall provide the City Council with 58 recommendations that promote the health, safety and welfare of the City's residents. 59 60 Adopted by the City Council of the City of Virginia Beach, Virginia on the 61 day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 14928 R-2 May 3, 2021 2 22 CITY COUNCIL COMMENTS ITEM#71547 (Continued) Council Member Berlucchi advised the City's pandemic relief partnership for non-profit organizations (NPO) is an extraordinary application of the CARES Act funding received where the Body appropriated $6-Million and provided NPO's $10,000 grants to provide critical cultural and environmental services, jobs and assist businesses. Council Member Berlucchi expressed the CARES Act funding was a smart investment by the Body and wants to ensure citizens are aware they can still apply until May 7`" Council Member Moss advised one thing that demonstrated the latent capacity of these NPO's to more effectively and efficiently provide services to the community. Council Member Moss expressed, in his opinion, the food bank was the best service provided to improving the day to day lives of members of the community. May 4, 2021 23 CITY COUNCIL COMMENTS ITEM#71548 (Continued) Mayor Dyer advised last week he provided proclamation for Arbor Day, standing in front of the 800 trees planted last year, and recognized Council Member Henley for her advocacy for trees. Mayor Dyer advised he was presented with a "41 Years"sticker representing forty-one (41) consecutive years of initiatives of supporting trees. Mayor Dyer presented the sticker to Council Member Henley for all of her efforts over the years and her advocacy for trees. Henley expressed her appreciation to the Body for all of their support. May 4, 2021 24 AGENDA REVIEW SESSION ITEM#71549 1:54P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 2-75 re non-merit and merit employees 2. Ordinances to AWARD a$5,000 Community Services micro-grant to: a. Greater Hampton Roads Diaper Bank re assist with cost of purchasing diapers b. Men of Faith, Inc., re hold a basketball camp at Virginia Beach Sports Center (Requested by Mayor Dyer) 3. Resolution to REQUEST the Commonwealth of Virginia Public Health Commissioner to DESIGNATE Virginia Beach as a Single Public Health District and AUTHORIZE certain actions in furtherance of such designation 4. Ordinance to AUTHORIZE the acquisition ofproperty in fee simple for right-of-way re West Neck Road Phase IV Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Wesley located at the rear of 542 Southside Road re maintain an existing bulkhead, and construct and maintain proposed piles, boat lift, riprap, ramp,floating dock, and jet ski floats 6. Ordinance to APPROPRIATE$97,000 to provide an interest free loan to Plaza Volunteer Rescue Squad re purchase of a new ambulance 7. Ordinance to ACCEPT and APPROPRIATE$10,530 from the Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and AUTHORIZE a local match re community tree planting initiatives 8. Ordinance to TRANSFER $400,000 from Capital Project #100075, "21' Century Enterprise Resource Planning"to Capital Project#10095, "Enterprise Scheduling and Timekeeping System" re implementation of TeleStaff for the Police Department and Emergency Communications and Citizen Services May 4, 2021 25 AGENDA REVIEW SESSION ITEM#71549 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING 1. GEORGE RANDOLPH WEBB,JR. &LELIA GRAHAM WEBB for a Street Closure re 25 foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street DISTRICT 5 — LYNNHAVEN(Deferred from April 20, 2021) 2. OCEANFRONT INVESTMENTS, LLC for a Street Closure re 420 square foot portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue DISTRICT 6—BEACH 3. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC.for a Modification of Conditions re religious use adjacent and South of 2285 London Bridge Road DISTRICT 7—PRINCESS ANNE 4. CESJB,LLC for a Conditional Use Permit re short term rental at 409 24`h `/2 Street DISTRICT 6 —BEACH I.PLANNING ITEMS: ITEMS#1 WILL BE CONSIDERED SEPARATELY ITEMS#3 WILL BE CONSIDERED SEPARATELY ITEMS#4 WILL BE CONSIDERED SEPARATELY May 4, 2021 26 ITEM#71550 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 • Princess Anne District • Princess Anne District BUILDING SECURITY MATTERS: Discussion of reports or plans related to the security of any government facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3711(A)(19). • Police Security Brief LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7); • Holloway v. City of Virginia Beach 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, Task Forces and Appointees May 4, 2021 27 ITEM#71550 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 1:55 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Break 1:55 P.M. — 2:15 P.M. Closed Session 2:15 P.M. — 5:45 P.M. May 4, 2021 28 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY4, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, May 4, 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. May 4, 2021 29 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 identifyany 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. May 4, 2021 30 ITEM— VILE CERTIFICATION ITEM#71551 Upon motion by Council Member Moss, seconded by Council Member Jones, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 4, 2021 rc,%141.A.BEitc 2, o 'I� . ,J U 4. J Cp ouR .A,0 S 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#71550 Page 27 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 es, M City Clerk May 4, 2021 31 ITEM— VILF.1 MINUTES ITEM#71552 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 20, 2021 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 May 4, 2021 32 ITEM— VILF.2 MINUTES ITEM#71553 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL SESSION of April 21, 2021 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 May 4, 2021 33 ITEM— VII.F.3 MINUTES ITEM#71554 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL SESSION(regularly scheduled Workshop) of April 27,2021 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 May 4, 2021 34 ITEM— VII.F.4 MINUTES ITEM#71555 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL SESSION(public hearing -proposed real property tax increase) of April 27, 2021 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 May 4, 2021 35 ITEM— VILG.1 MAYOR'S PRESENTATIONS ITEM#71556 PROCLAMATION HISTORIC PRESERVATION MONTH Mayor Dyer welcomed Dr. Stephen Mansfield, Historian, Princess Anne County/Virginia Beach Historical Society and Archivist, Vice President for Academic Affairs and Kenneth R. Perry Dean of the College Emeritus, Virginia Wesleyan University and presented the Proclamation recognizing May 2021, as "HISTORIC PRESERVATION MONTH". Mayor Dyer called upon the citizens, government agencies, public and private institutions, businesses and schools in Virginia Beach to recognize the importance of Historic Preservation in maintaining the historical identity of the City and to commemorate this month with appropriate activities. Dr. Mansfield expressed his appreciation to the Mayor and members of City Council for this recognition and their continuous support. May 4, 2021 01.11A•Bede f. z 1`9Ms_op OUR NNO 0�0 Vtotiantattott Whereas: 'The National-?rust for Historic Preservation created Preservation Week in 1973 to spotlight grassroots efforts in historic preservation in America;and- Whereat (President Richard M. Jecon signed a resolution designating the week of May 6 to 12, 1973 as Nationa(Preservation'Week and Whereat. The.Nationa(Trust esranded the celebration to a month-long observance in 2005;and Whe►rat States and communities across the country now recognize the month of May as.Nutoric(Preservation Month;and Whereat. The Princess Anne County/Virginia Beach Historical Society was chartered in as the Princess Anne County Historical Society in 1961 and has actively worked to preserve the county's and the city's history for the past 60 years;and Whams: 'The Historical Society's mission is to foster awareness and stimulate interest in the history of Princess Anne County and'Virginia Beach and to encourage the citizens of the community in the preservation and restoration of historic properties within the city;and Whereat The Historical Society's mission is also to develop programs for the interpretation of the community's heritage and the stewardship of historical resources;and Whereat The Historical Society has been active in the preservation of the Pembroke Manor and Vpper Wolfsnare houses;and- Whereas: 'Virginia Beach has 22 individual-historic properties, including Pembroke Manor and Vpper Wolf-snare,fisted in the National-9;gister of Historic Places;and Whereat The'Virginia Beach City Council established the Historic Preservation Commission in 2008 to advise them on all issues related to the preservation of historic 6uddings, structures, and sites in the city; and Whereat 'The City of'Virginia Beach was designated a Certified Local Government 6y the National Park Service in 2016, recognizing that 'Virginia Beach has put key elements of a sound'preservation program in place for our community;and Whereat In 2020 the City of Virginia Beach compfeteda city-wide archaeological assessment awl city-wide architectural-resources survey update in 2020;and 'W?Gerear. The Mayor and City Council support the preservation of Virginia Beach's diverse and rich heritage and historic resources. Now'Therefore,I,Ap6ert M. 'Bobby"Dyer,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim %lay 2021 7fzstortc cPresewation 9vlontfi In'GSrgptia Meath, and furthermore caff upon the citizens,government agencies, public and private institutions, 6usinvssas and schools in 'Virginia Beach to recognize the importance of.Historic Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. In Warless s14 ereof I have hereunto set my hand and caused the Official Seal of the City of'Virginia Beach, Virginia,to 6e affixed this'Fourth(Day of May,'Two Thousand Twenty-One. - ffd0.4q.4- 4e.G. Wobert M. "Bobby'(Dyer Mayor 36 ITEM— VILG.2 MAYOR'S PRESENTATIONS ITEM#71557 PROCLAMATION NATIONAL TRAVEL AND TOURISM WEEK(NTTT*9 Mayor Dyer welcomed Nancy Heiman, Interim Director, Convention and Visitors Bureau and presented the Proclamation recognizing May 2 — 8, 2021, as "NATIONAL TRAVEL AND TOURISM WEEK". Mayor Dyer encouraged all citizens to observe this week with appropriate ceremonies and activities. Ms. Helman expressed her appreciation to City Council for this recognition and their continuous support. May 4, 2021 oN1'BEAc ie r /4,4 Cp OUR,NANO '05, totiamatton Whereas: Esta6lishedin 1983 6y a congressional resolution,National Travel and Tourism Week(v?1n1 )is an annual tradition during the first full weekof May for the J.S. travel community to unite and recognize the value travel holds for our economy, businesses and personal wellbeing;and Whereat: Prior to the COVI'D-19 pandemic, the travel and tourism industry was a significant contri6utor to the V.S. economy and exports, and supported millions of hard-working Americans of aft 6ackgrounds;and 'Ndtertas In Virginia Beach a workforce of more than 13,000 depends on the travel industry for their livelihoods and our local economy depends on a vibrant tourism industry;and Whereas: National Travel andTourism'Week2021 recognizes the(OWE1,O'FTRAVEL and the industry's role in 6ringing back our vibrant communities, restoring the V.S.economy, re6ui&Eng our workforce,and reconnecting America;and Whereas: This year, we start a new chapter, one where the dPO'WEcl oq TRAVEL will drive recovery and help define our country's way forward,and WYureas: Given travel's critical role in jo6 creation across the country, lawmakers at all levels should prioritize policies that are pro-connectivity,pro growth, and pro- traveler. grow,ITierefiore,I, Rp6ert M. (Dyer, Mayor of the City of Virginia Beach, 'Virginia, do hereby proclaim: %lay 2 -8, 2021 National ravel t 2ourlsm Week In Virginia(Beach,and encourage all citizens to o6serve this weekwith appropriate ceremonies and activities. In Wanes'Whereof I have hereunto set my hand and caused the Official Seal of the City of 'Virginia Beach,Virginia, to 6e affixed this Second day of May Two'Thousand Twenty-One. it %. 4G011Pi&,1 2q4 - Rp6ert 1 "Bobby"(Dyer Mayor 37 ITEM— VII.H.1 FORMAL SESSION AGENDA ITEM#71558 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 H: 1, 2a/b, 3, 4, 5, 6, 7 and 8 and Planning Item I.3 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions H:1, 2a/b, 3, 4, 5, 6, 7 and 8 and Planning Item I.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 L PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY May 4, 2021 38 ITEM— VII.H.1 ORDINANCES/RESOLUTION ITEM#71559 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section 2-75 re non-merit and merit employees 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 May 4, 2021 1 AN ORDINANCE TO AMEND SECTION 2-75 2 OF THE CITY CODE PERTAINING TO 3 NONMERIT AND MERIT SERVICE 4 5 SECTION AMENDED: § 2-75 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 2-75 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-75. - Service divided into nonmerit and merit services; composition of 14 nonmerit service. 15 16 (a) The service of the city is divided into nonmerit service and merit service. 17 (b) The nonmerit service shall consist of: 18 (1) Members of the city council and all other elected officials or persons appointed 19 to fill vacancies in elective offices. 20 (2) The city manager;; and deputy city managers, assistants to the city manager, 21 and all heads of departments or offices, assistant or deputy directors and division 22 managers who are appointed by the city manager. 23 (3) Constitutional officers and their employees. 24 (4) All appointees of the city council. 25 (5) Employees of the health department. 26 (6) Employees of the school board. 27 (7) Judges and associate judges of the circuit courts, general district courts and 28 juvenile and domestic relations district courts, law clerks, and employees of such 29 courts. 30 (8) Employees of the agriculture department compensated by the state. 31 (9) The general registrar and all assistant registrars. 32 (10) Employees of juvenile probation. 33 (11) Members of boards and commissions. 34 (12) Any individual whose relationship with the city arises from or under any 35 express contractual agreement to which such individual is a party or whose 36 position is created by such contract. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4 r h day of May , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j4",,Lit."7 _ c)/ Human Resources City Attorney's Office CA15372 R-2 March 26, 2021 39 ITEM— VII.H.2a ORDINANCES/RESOLUTION ITEM#71560 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AWARD a $5,000 Community Services micro-grant to: a. Greater Hampton Roads Diaper Bank re assist with cost of purchasing diapers 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 May 4, 2021 REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO THE GREATER HAMPTON 3 ROADS DIAPER BANK 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 A $5,000 Community Services Micro-Grant is hereby authorized for the Greater 9 Hampton Roads Diaper Bank to purchase diapers in furtherance of programs assisting 10 the residents of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of May , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. 71z Budget and Management Services i rnny' Office CA15436 R-1 April 22, 2021 40 ITEM— VII.H.2b ORDINANCES/RESOLUTION ITEM#71561 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AWARD a$5,000 Community Services micro-grant to: b. Men of Faith, Inc., re hold a basketball camp at Virginia Beach Sports Center (Requested by Mayor Dyer) 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 May 4, 2021 REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICES MICRO-GRANT TO MEN OF FAITH, INC., TO 3 HOLD A BASKETBALL CAMP AT THE VIRGINIA BEACH 4 SPORTS CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 A $5,000 Community Services Micro-Grant is hereby authorized to Men of Faith, 10 Inc., for a four-day basketball camp at the Virginia Beach Sports Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of May , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LP6 : k Budget and Management Services A rney's Office CA15381 R-1 April 20, 2021 41 ITEM— VILH.3 ORDINANCES/RESOLUTION ITEM#71562 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Commonwealth of Virginia Public Health Commissioner to DESIGNATE Virginia Beach as a Single Public Health District and AUTHORIZE certain actions in furtherance of such designation 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 May 4, 2021 1 A RESOLUTION TO REQUEST THE COMMONWEALTH OF 2 VIRGINIA PUBLIC HEALTH COMMISSIONER DESIGNATE 3 THE CITY OF VIRGINIA BEACH AS A SINGLE PUBLIC 4 HEALTH DISTRICT AND TO AUTHORIZE CERTAIN 5 ACTIONS IN FURTHERANCE OF SUCH DESIGNATION 6 7 WHEREAS, the Virginia Department of Health (VDH) has served as the state's 8 lead agency in partnership with cities and counties of the Commonwealth to provide public 9 health services geared toward improving the quality of life of all Virginians; and 10 WHEREAS, this state/local partnership shares in funding and the provision of 11 mandated and locally administered services and programs geared toward making public 12 health service accessible to all residents, constituents, and individuals; and 13 WHEREAS, the selection, appointment, and retention of uniquely qualified public 14 health leadership remains a VDH goal to maintain a balance of the executive, medical, 15 and administrative duties of a modern public health services delivery system; and 16 WHEREAS, the ability to recruit and sustain uniquely qualified candidates for 17 appointment as a local health director, characterized by being a licensed physician and 18 an administrator, continues to be a challenge for the VDH; and 19 WHEREAS, the same trending leadership recruitment challenges debilitated the 20 collective efforts of VDH and the City to secure a new Virginia Beach Health Director, 21 which led to a mutual agreement with the VDH and the City of Norfolk to leverage the 22 tenure and unique qualifications of the Norfolk Health Director in service to Virginia Beach 23 through joint health district authorized by the Public Health Commissioner; and 24 WHEREAS, the benefits of the joint locality service model have realized the value 25 of the established capacity of Chief Operations Officer to handle the day-to-day 26 administration objectives of a modern health service delivery model, thereby allowing the 27 Director to focus on core public health service delivery; and 28 WHEREAS, the global, federal, state, and local impacts of the coronavirus 29 pandemic continue to challenge, stretch, and outpace City resources, which impede our 30 response to the same coupled with the limitations in our ability to meet public demand to 31 return to a normal state of public service delivery; 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That the City Council of the City of Virginia Beach hereby requests the 35 Commissioner of Public Health for the Commonwealth of Virginia designate the City of 36 Virginia Beach as a single public health district as soon as feasible; and 37 BE IT FURTHER RESOLVED, that City Manager is authorized to serve as the 38 representative of the Virginia Beach City Council to negotiate amendments to State/Local 39 service agreements and budgets to include state recommendations to recruit and secure 40 uniquely qualified personnel capable of establishing a sustainable operating structure for 41 modern public health service delivery; 42 BE IT FURTHER RESOLVED, that the City Manager shall provide a report to the 43 City Council regarding the status of such negotiations within 90 days of the adoption of 44 this Resolution, and such report shall include any necessary budget adjustments required 45 to designate the City as a single public health district. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on the i, th day 48 of May , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA15441 R-1 April 27, 2021 42 ITEM— VII.H.4 ORDINANCES/RESOLUTION ITEM#71563 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re West Neck Road Phase IV Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 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 May 4, 2021 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE WEST NECK 4 ROAD PHASE IV PROJECT, CIP 100483 5 (formerly CIP 2-088), AND THE ACQUISITION 6 OF TEMPORARY AND PERMANENT 7 EASEMENTS, BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements (the "Property"), as shown on the 23 plans entitled "WEST NECK ROAD PHASE IV" (the "Project"), and more specifically 24 described on the acquisition plats for the Project (plats and plans collectively referred to as 25 the "Plans"). the Plans being on file in the Engineering Division, Department of Public 26 Works, City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h day of 35 May , 2021 . CA-15209 PREPARED: 4/28/21 R-1 c:\users\ccva ug ha n\a ppdata\loca I\m icrosoft\windows\i netcache\content.outlook\wy5i m mu7\00701507.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY S)GNATURE CI OR Y 1� ' Qi J Er, DEPARTMENT ,': '0 NIMMO PW �Q T N IWE ‘•> • -• ''‘'' 11 ilk 40. tilW1‘... -iv0 S li OR�NL o10* Q /lS�T St) 411 t 1 Z 1NDIg,,,,,v, RO v w aQj� • a ��•`,���, s- \ L3j co z a ', Dora 000 f Q i Vk TA ►�►f' O V A � iy`99iin �, k ',-,k , hi warm. .4,4,\_4r7 iie r, 4 .,.. • a� ^;ice.r o.♦,, t: .�� �. r...6.,,... : n,►� * 0 *�1 1kLr ! 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Aliari 7 )M fA(r-1. a ©Z_ t AIM agitirnnaa .." i LOCATION-- ,f,l„,fi.i,.o.Fc MAP it WEST NECK PHASE IV IltililCIP 2-088 Prepared by P.W./Eng./Eng.Support Services Bureau 01/04/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\WEST NECK PHASE IV CIP 2-088 43 ITEM— VILH.5 ORDINANCES/RESOLUTION ITEM#71564 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Wesley located at the rear of 542 Southside Road re maintain an existing bulkhead, and construct and maintain proposed piles,boat lift, riprap, ramp,floating dock, and jet ski floats 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 May 4, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 WESLEY LOCATED AT THE REAR 8 OF 542 SOUTHSIDE ROAD 9 10 WHEREAS, Mark S. Summs and Cynthia C. Summs (collectively, the 11 "Summs") have requested permission to maintain an existing bulkhead, and to construct 12 and maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats (the 13 "Encroachments") within a portion of the City's property known as Lake Wesley (GPIN: 14 2427-20-6108) located adjacent to their property at 542 Southside Road (GPIN: 2426-19- 15 7413); 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 right-of-way 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, Summs, their heirs, assigns and 26 successors in title, are authorized to maintain an existing bulkhead, and to construct and 27 maintain proposed piles, boat lift, riprap, ramp, floating dock, and jet ski floats into a portion 28 of the City's property known as Lake Wesley as shown on the map entitled: "EXHIBIT A 29 ENCROACHMENT EXHIBIT SHOWING PROPOSED PILES, BOAT LIFT, RIP-RAP, 30 RAMP, FLOATING DOCK, JET SKI FLOATS & EX. BULKHEAD FOR MARK S. & 31 CYNTHIA C. SUMMS SITE A M.B. 61 P. 22 CITY OF VIRGINIA BEACH", dated August 26, 32 2020, having a Scale of 1" = 30', and prepared by Gallup Surveyors and Engineers, a copy 33 of which is attached hereto as Exhibit A, and on file in the Department of Public Works and 34 to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions, and criteria contained in the agreement between the City of 38 Virginia Beach and Summs (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Mark S. Summs and Cynthia C. Summs and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 t h 49 day of May , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Lur,ef, taid-zow P" BLIC WOR S, REAL ESTATE 'YDANA R. HARMEYER SENIOR CITY ATTORNEY CA15205 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d029\p036\00717731.doc R-1 April 16, 2021 2 0o LAKE WESLEY NOW OR FORMERLY F� CITY OF VIRGINIA BEACH `try, RICHARD G. KRAMER $�1 40 M.B. 26, PG. 57 mG r H. KELA KRAMER ^QR GPIN: 2427-20-6108 yf�c LOT A h 82), I.N. 202100003863 � 11 PILES (TYP.) D.B. 3389, PG. 1781 �ti1� 2�• I.N. 20121005001161550 CYNTHIA C. SUMMS PROPOSED R N,I`si PROPOSED (2) GPIN: 2426-19-8333 MARK S. SUMMS 62,pp, �1 FLOATING DOCK `1/*1,, FIBERGLASS JET ! / SITE A Q. `'0-. - SKI FLOATS 4'x8' M.B. 61 P. 22 '�' .,�o° s� >>�, - . 4 I.N. 20090713000808290 �c .5 \ �,4 GPIN: 2426-19-7413 i PROPINs� 'S0 / , ALUMINUM - S 05 ` • RAMP 4'x30' �'`' FRAM' 4J8 • 4`o o� 4�• ,::�T`; EXISTING SHED �� �`, «.��dri, / ��J POOL . �,, ?4.'�%`1 EX. BULKHEAD �'`� �� TO REMAIN '1'T�•:y A / X PROPOSED ,girt.-:+•`j �, OVERLAID RIP-RAP .6`- a.; .�. J CONCR T '1j.:1HrA: . NOTE: ALL HARDWARE +4„ T'�1 S 1619'39* W - TO BE HOT-DIPPED a o+" 30.00' PQ Q� `1 .. M GALVANIZED. rQ Q\� / N �`9'4S. \ N f / NOW OR FORMERLY 67 /// ROBERTA MAE MADDOX "°DECLARATION OF TRUST Q\�' FRAME RSIIDENCE SITE B-1A # 542 M.B. 201 P. 42 I.N. 20130627000749870 GPIN: 2426-19-7563 NOW OR FORMERLY CITY OF VIRGINIA BEACH 4.Q►LTH 0.A, P- N D.B. 303, PG. 293 �+ ', M.B. 26 P. 57 �� $ 3 GPIN: 2427-20-7891 D R UTLER Y N NOTE: . No. 1. THIS PLAN WAS 38395 2C � PERFORMED WITHOUT THE • 8,26 ��c, z BENEFIT OF A TITLE REPORT. ASS/ON ENG\ h EXHIBIT A `' ct ENCROACHMENT EXHIBIT SHOWING PROPOSED o vt CC o of N 0 o PILES, BOAT LIFT, RIP-RAP, RAMP, FLOATING o $ Q �'o tn DOCK, JET SKI FLOATS & EX BULKHEAD . ...c 6::••:• O CO o Cr) FOR .1 �� .: :.7o•O•*:• `` Q v' ,._ r' � MARK S. & CYNTHIA C. SUMMS o : :: Q O c i co N N a+ T•., 0 0 - J O N SITE A = 2 :9.,.,: .:.. > .. cry cn .:..: Q COmNz M.B. 61 P. 22 N� z0 cp CITY OF VIRGINIA BEACH , `1 • SCALE: 1 "=30' DATE: AUGUST 26, 2020 Q. rn Z. GALLUP SURVEYORS & ENGINEERS ��= `_55.00' R=170.00' 321.94' TO 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 / �� GENERAL (757)428-8132 SOUTHSIDE ROAD BOOTH BLVD 0 30 60 90 (50' R/W) M.B. 7 P. 169 20-45 G:\20\20-45-Summs,Cynthia-542 5outhside Rd\20-45 Encroachment Exhibit.dwg,4/15/2021 10:36:51 AM 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 0,3 day of Ma(CA l , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARK S. SUMMS and CYNTHIA C. SUMMS, 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 "Site A" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 7, BLOCK 'H' AND LOT B-1 REPLAT OF RUDEE HEIGHTS LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated April,1964, having a Scale of 1" = 40', and prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 61, at page 22, and being further designated, known, and described as 542 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing bulkhead and construct and maintain proposed piles, boat lift, riprap, ramp, floating dock and jet ski floats, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2427-20-6108 & 2427-20-7891 (Lake Wesley - CITY PROPERTY) GPIN: 2426-19-7413 (542 SOUTHSIDE ROAD) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, 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 EXHIBIT SHOWING PROPOSED PILES, BOAT LIFT, RIP-RAP, RAMP, FLOATING DOCK, JET SKI FLOATS & EX. BULKHEAD FOR MARK S. & CYNTHIA C. SUMMS SITE A M.B. 61 P. 22 CITY OF VIRGINIA BEACH", having a Scale of 1" = 30', dated August 26, 2020, and prepared by Gallup Surveyors and Engineers, 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 to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mark S. Summs and Cynthia C. Summs, 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 MARK S. U S, Own l /co.) L---CYNTHIA C. SUMMS, Owner STATE OF CITY/COUNTY OF /LJA e4-e.71.---, to-wit: The foregoing instrument was acknowledged before me this 23`44"(day of cl , 2021, by Mark S. Summs and Cynthi C. Summs. (SEAL) Notary Publi Notary Registration Number: /pry 1 Q (, My Commission Expires: rL - 30 - aoa,y APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: LAD Llietv4 SI N TURE rDANA R. HARMEYER SENIOR CITY ATTORNEY Es+afe, DEPARTMENT 7 op LAKE WESLEY NOW OR FORMERLY �� CITY OF VIRGINIA BEACH 9-.yam RICHARD G. KRAMER ��1 �0 M.B. 26, PG. 57 ��9 H. KELA KRAMER „e� I.N. 202100003863 ��y�1c LOT A NB? , GPIN: 2427-20-6108 90 D.B. 3389, PG. 1781 p� /� < ?1 11 PILES (TYP.) I.N. 20121005001161550 \�1 CYNTHIA C. SUMMS ili PROPOSED R >gs� PROPOSED (2) GPIN: 2426-19-8333 MARK S. SUMMS 20p• `1 FLOATING DocK LIP'1,, / SITE A e�� `�' - SKI FLOATS 4'z8' o M.B. 61 P. 22 Q• ri.,�o' \ . 20090713000808290 6OP a!: *& UAIINUfrIAMP 4'x h.:.t•=: '��!°�OVERLAID RIP-R �t•w ♦�.. �J C•ONCRETE : NOTE: ALL HARDWARE +40�4 S 16'39'39" W TO BE HOT-DIPPED QQ�64- 30.00' ii PQ Q� �1 M GALVANIZED. \� e N � 9'4S.\ N / NOW OR FORMERLY/ 6? ,ROBERTA MAE MADDOX ` �1 1 STORY DECLARATION OF TRUST e`er FRAME RESIDENCE # 542 M.B. 201 P. 42 I.N. 20130627000749870 GPIN: 2426-19-7563 NOW OR FORMERLY : CITY OF VIRGINIA BEACH 41,Q.LTH OF G O N + D.B. 303, PG. 293 M.B. 26 P. 57 $ c% 3 GPIN: 2427-20-7891 '1 _ UO D R UTLER S 40. . N . No. 1.NO HIS PLAN WAS 38395 0 ��2 � PERFORMED WITHOUT THE • 8�26 \�<v z BENEFIT OF A TITLE REPORT. F,c,„ AL E.s h EXHIBIT A �, >- c ENCROACHMENT EXHIBIT SHOWING PROPOSED _. o Ln o PILES, BOAT LIFT, RIP-RAP, RAMP, FLOATING o00 $ Q �' o `1 DOCK, JET SKI FLOATS & EX BULKHEAD go :.::,•,:(..).::.:: o ~ • co a o - In 1 FOR o Q :.::� :.::,. Q < < 0N � N MARK S. & CYNTHIA C. SUMMS �/ o-y ::: ':::. OD = -� SON SITE A = -oZ : .9.�::.:: a z a5• o M.B. 61 P. 22 t,,t" z • �, CITY OF VIRGINIA BEACH N y z SCALE: 1 "=30' DATE: AUGUST 26, 2020 e`� GALLUP SURVEYORS & ENGINEERS e1: L_55.00' R=170.00' +321.9 T4 0 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 / � GENERAL (757)428-8132 SOUTHSIDE ROAD BOOTH BLVD 0 30 60 90 / (50' R/W) M.B. 7 P. 169 20-45 G:\20\20-45-Summs,Cynthia-542 Southside Rd\20-45 Encroachment Exhibit.dwg,4/15/2021 10:36:51 AM 44 ITEM— VILH.6 ORDINANCES/RESOLUTION ITEM#71565 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $97,000 to provide an interest free loan to Plaza Volunteer Rescue Squad re purchase of a new ambulance 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 May 4, 2021 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 3 RESCUE SQUAD FOR THE PURCHASE OF A NEW 4 AMBULANCE 5 6 WHEREAS, the Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Plaza 7 Volunteer Rescue Squad") has requested an interest free loan of$97,000 to purchase a 8 replacement ambulance with required equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1 $97,000 is hereby appropriated from the fund balance of the General Fund for an 14 interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a 15 replacement ambulance; and 16 17 2. The loan authorized herein is to be repaid by Plaza Volunteer Rescue Squad 18 over five (5) years, pursuant to the terms of the attached agreement and 19 promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of M a y , 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 0 ice CA15434 R-1 April 21, 2021 Agreement between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA("CITY")and the Plaza Volunteer Fire Company and Rescue Squad, Inc., a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle(s). B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices and map books. C. Provide or pay for insurance for damage to ambulances with a $50,000 deductible and provide or pay for liability insurance for ambulances, emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle(s) through the CITY's Division of Automotive Services, so long as the vehicle(s) remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle(s) according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle(s) be sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle(s), 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle(s)in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle(s) shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle(s), the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the fair market value of the vehicle(s). B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. PLAZA VOLUNTEER FIRE COMPANY AND CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $97,000.00 Virginia Beach, Virginia May, 2021 FOR VALUE RECEIVED, Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of NINETY SEVEN THOUSAND DOLLARS AND ZERO CENTS ($97,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before May 31, 2022 - $19,400.00 On or before May 31, 2023 - $19,400.00 On or before May 31, 2024 - $19,400.00 On or before May 31, 2025 - $19,400.00 On or before May 31, 2026 - $19,400.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Plaza Volunteer Fire Company and Rescue Squad, Inc. (SEAL) Title: Date: 45 ITEM— VILH.7 ORDINANCES/RESOLUTION ITEM#71566 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $10,530 from the Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and AUTHORIZE a local match re community tree planting 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 May 4, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR A TREE PLANTING 4 INITIATIVE AND TO AUTHORIZE A LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. A grant of $10,530 is hereby accepted from the Virginia Department of 10 Forestry and appropriated, with estimated state revenue increased 11 accordingly, to the FY 2020-21 Operating Budget of the Department of Parks 12 and Recreation for a community tree planting initiative. 13 14 2. A local match is hereby authorized from in-kind services and existing 15 operating accounts within the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of May , 2021. Requires the affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � I 44c Pf� J Budget and Management Services City o ey's Office CA15435 R-1 April 21,2021 46 ITEM— VILH.8 ORDINANCES/RESOLUTION ITEM#71567 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER$400,000 from Capital Project#100075, "215t Century Enterprise Resource Planning" to Capital Project #10095, "Enterprise Scheduling and Timekeeping System" re implementation of TeleStaff for the Police Department and Emergency Communications and Citizen Services 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 May 4, 2021 1 AN ORDINANCE TO TRANSFER $400,000 FROM 2 CAPITAL PROJECT #100075, "21ST CENTURY 3 ENTERPRISE RESOURCE PLANNING," TO CAPITAL 4 PROJECT #100095, "ENTERPRISE SCHEDULING 5 AND TIMEKEEPING SYSTEM" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $400,000 is hereby transferred from Capital Project #100075, "21st Century 11 Enterprise Resource Planning," to Capital Project #100095, "Enterprise Scheduling and 12 Timekeeping System," for the implementation of TeleStaff for the Police Department and 13 Emergency Communications and Citizen Services Adopted by the Council of the City of Virginia Beach, Virginia on the 4 t h day of May , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services ey's Office CA15383 R-1 April 21, 2021 47 ITEM— VII.I.1 PLANNING ITEM#71568 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone:213-6674, spoke in OPPOSITION David Hay, 8306 Atlantic Avenue, Phone: 348-5122, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,Application of GEORGE RANDOLPH WEBB,JR. &LELIA GRAHAM WEBB for a Street Closure re 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street DISTRICT 5—LYNNHAVEN(Deferred from April 20, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GEORGE RANDOLPH WEBB, JR. & LELIA GRAHAM WEBB for a Street Closure re 25-foot wide by 125-foot long portion of Holly Road adjacent to 401 49th Street DISTRICT 5—LYNNHAVEN(Deferred from April 20, 2021) The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication to the City of Virginia Beach over the closed portion of the unimproved right-of-way (a) a public utility easement; (b)a public drainage easement;and(c)a public access easement for access to and from the alley adjacent to the rear of the property for maintenance of public infrastructure located within or to be located within the alley, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for the closures.If private utilities do exist, easements satisfactory to the utility company, must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 4. If any improvements will remain in the area proposed for closure after the closure is finalized, prior to finalization of the street closure, the applicant must apply for an encroachment into the public utility easement and the public drainage easement for all improvements that will remain in the area proposed for closure. May 4, 2021 48 ITEM— VILL1 PLANNING ITEM#71568 (Continued) 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of the approval by City Council.If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1)year of the City Council vote to close the right-of-way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`h day of May 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 May 4, 2021 1 ORDINANCE APPROVING APPLICATION OF 2 GEORGE RANDOLPH WEBB, JR. AND LELIA 3 GRAHAM WEBB FOR THE CLOSURE OF 4 ONE-HALF OF AN UNIMPROVED PORTION 5 OF HOLLY ROAD ADJACENT TO 401 49TH 6 STREET 7 8 WHEREAS, George Randolph Webb, Jr. and Lelia Graham Webb (the 9 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described portion of an unimproved, right-of-way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 23 Way") be discontinued, closed and vacated, subject to certain conditions being met on 24 or before one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and 27 being in the City of Virginia Beach, Virginia, designated and 28 described as "AREA OF PROPOSED STREET CLOSURE 29 (3,125 SQ. FT. OR 0.072 ACRES)", and shown on that 30 certain street closure exhibit entitled: "STREET CLOSURE 31 EXHIBIT OF A 25' X 125' PORTION OF HOLLY ROAD (50' 32 R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET 33 AND A 15 FOOT LANE A MAP OF THE HOLLIES (M.B. 6, 34 PG. 107) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 30', 35 dated August 4, 2019, and prepared by WPL, a copy of 36 which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2418-78-8383 47 1. The City Attorney's Office shall make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 49 Beach shall be determined according to the "Policy Regarding Purchase of City's 50 Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the 51 policy are available in the Planning Department. 52 53 2. The Applicants shall resubdivide the property and vacate internal lot lines 54 to incorporate the closed area into the adjoining lot. The resubdivision plat must be 55 submitted and approved for recordation prior to the final street closure approval. Said 56 plat must include the dedication of (a) a public utility easement over the Right-of-Way; 57 (b) a public drainage easement over the Right-of-Way; and (c) a public access 58 easement over the eastern 10' of the Right-of-Way for pedestrian access to and from 59 the alley adjacent to the rear of the property, which easements are subject to approval 60 of the Department of Public Utilities and Department of Public Works, respectively, and 61 the City Attorney's Office, and which easements shall include a right of reasonable 62 ingress and egress. 63 64 3. The Applicants shall verify that no private utilities exist within the Right-of- 65 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 66 company must be provided and shall be recorded after the final resubdivision plat is 67 recorded with the Clerk of Circuit Court. 68 69 4. If any improvements will remain in the Right-of-Way after the closure is 70 finalized, prior to the finalization of the street closure, the Applicants must apply for an 71 encroachment into the public utility easement and the public drainage easement for all 72 improvements that will remain in the Right-of-Way. 73 74 5. Closure of the Right-of-Way shall be contingent upon compliance with the 75 above-stated conditions within 365 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved for recordation 77 within one (1) year of the City Council vote to close the Right-of-Way, this approval shall 78 be considered null and void. 79 80 SECTION Ill 81 82 1. If the preceding conditions are not fulfilled on or before May 3, 2022, this 83 Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before May 3, 2022, the date of final closure 86 is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. In the event the City of Virginia Beach has any interest in the underlying 89 fee, the City Manager or his designee is authorized to execute whatever documents, if 90 any, that may be requested to convey such interest, provided said documents are 91 approved by the City Attorney's Office. 92 SECTION IV 93 94 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 95 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 96 VIRGINIA BEACH (as "Grantor") and George Randolph WEBB, Jr. and Lelia Graham 97 WEBB (collectively, as "Grantee"). 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4 t h day 100 of MaY , 2021. 101 102 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 103 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2U a„ l�1Gt Cv ✓ Planning Dep rtment City Attorney CA14856 \\vbgov.com\dfs l Sapp lications\citylaw\cycom32\wpdocs\d011\p037\00711178.doc R-1 April 21, 2021 EXHIBIT A 401,TH OI;p Z t. �GI LOT 9 LOT 10 LOT 13 RIC . ARNER►-+ ,gy ago Llc. . 2904 i � O o6„ J4�`, SAN OLE AN SEWER e 08/06/2019 * 15 LANE 1(�J MINI) (15'R/W)(UN/A/PROVED)(A/.B. 6, PG. 107) ? S U IN T) OVERHEAD WIRES = - f' _ .�. POW 36" spur 25 LOT 229 25 , RAIL FENCE GPIN,• 2418BR78 ICK W8383 4ALL „4,4 PPOLE Jo W/COLUMNS & •4 i STONE 36" WOOD FENCE 4� RETAININ ,Itt, WALL 1 •• --�fr STEPPIN L�.I �� STONE ATH it C5K oo ��► BRICK 1 QT 11.65' .PAVERS " 2 N CO' di ���•,BRICK ") O 0 ^ 401 __N t"$ PLANTER 1> N 2-STORY FRAME z +.BREPS '' h� 0 LOT 230 O $ X� J O ' ` .--BRICK ,_ I m AREA OF PROPOSED = ,PLANTER O o y STREET CLOSURE 1132 ,#oXw (3, 125 SQ. FT OR /n , 0 T 0.072 ACRES) ;W j`� A. 50' ..mA 25 .l a 25 '_ NOTES: (c � 50 STONE .Z Q\� 1. THIS EXHIBIT IS INTENDED TO k RETAINING 0 SHOW THE AREA OF , ;� WALL . a PROPOSED RIGHT-OF-WAY STORM BASIN CLOSURE AND INDEPENDENT IN coNCRETEI GRAVE L APRON OF THE ASSOCIATED RECORD TS) IS NOT (70 R/W) DOCUMENT(S) FOR ANY OTHER 49 th (FORMERLY AVENUE E) STREET (M.B. 6, PG. THAN GENERAL REFERENCE. 107) 2. A TITLE REPORT HAS NOT b`------SAN SEWER BEEN PROVIDED FOR THIS MANHOLE PROPERTY. ' SCALE: 1"=30' SHEET 1 OF 2 STREETCLOSURE EXHIBIT AUGUST 4, 2019 OF — A 25' X 125' PORTION OF HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET AND A 15 FOOT LANE A MAP OF THE HOLLIES Landscape Architecture (M.B. 6, PG. 107) Land Surveying Civil Engineering VIRGINIA BEACH, VIRGINIA wp�y con 757.431.1041 2A2 IIKf3(lRft SE 8 AZGW7 FJiN,19123152 CAD/cm. MRB/eag CITY OF VIRGINIA BEACH, VA I F.H. 1054 P.40 I PLAT:H-73 INN:218-0026 LOT# OWNER(S) - N/F GPIN REFERENCE(S) 228 BERKLEY, MARIANNA 2418-78-9386 M.B. 6, PG 107 REVOCABLE TRUST IN. 20131101001296390 229 WEBB GEORGE 2418-78-8383 M.B. 6, PG 107 RANDOLPH,.JR IN. 20170607000480490 230 MURPHY, TERENCE 2418-78-8342 M.B. 6, PG 107 IN. 20130321000331490 LOT 13 DEWEY, ROBERT L. 2418-78-9502 M.B. 18, PG 19 D.B. 3260, PG. 1157 LOT 10 CRAIG, TERRY ALAN 2418-78-8427 M.B. 42, PG 16 IN. 20070226000259430 LOT 9 ABENIR, MARIBEL 2418-78-7454 M.B. 42, PG 16 IN. 200408300137666 # TH °FD rve c (1 RIC . ARNER -44 ' 4. Lip. 2904 08/06/.2019 e1'D .i. SURv SCALE: NTS SHEET 2 OF 2 STREET CLOSURE EXHIBITAUGUST 4, 2019 OF AA 25' X 125' PORTION OF HOLLY ROAD (50' R/W)(FORMERLY 3RD STREET) BETWEEN 49TH STREET AND A 15 FOOT LANE -- A MAP OF THE HOJ.T.TES Landscape Mehitecture N.B. 6, PG. 107) Land Surveying VIRGINIA BEACH, VIRGINIA CM Engineering wplsite.com 757.431.1041 2{2 IfI1�N16 1 SIt 8 WX t M 23152 CAD/chk: MRB/eag CITY OF VIRGINIA BEACH, VA 'F.B. 1054 P.40 I PLAT: H-73 I IN:218-0026 49 ITEM— VILL2 PLANNING ITEM#71569 The following registered to speak: R. J. Nutter, 222 Central Park Avenue, Phone: 687-7502, Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone:213-6674, spoke in OPPOSITION JaPharii Jones, Phone: 880-3276, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Henley, City Council APPROVED, AS CONDITIONED,Application of OCEANFRONT INVESTMENTS,LLC for a Street Closure re 420 square foot portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEANFRONT INVESTMENTS, LLC for a Street Closure re 420 square foot portion of Atlantic Avenue adjacent to 4201 Atlantic Avenue DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant, or the Applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. 3. The Applicant shall dedicate a public drainage and utility easement over the entire area proposed for closure to the City of Virginia Beach by a separate recorded Deed of Dedication of Easement, subject to the approval of the Departments of Public Utilities and Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. Said Deed of Dedication of Easement shall include the provision that if any maintenance, repair or failure of any public utility facilities causes damage or destruction to the improvements proposed by the Applicant within the easement area, the Applicant will be responsible for the cost to repair or replace said improvements. 4. The Applicant, or the Applicant's successors or assigns, shall verify that no private utilities exist within the Right-of-Way proposed for closure.If private utilities do exist, easements satisfactory to the utility company, must be provided. May 4, 2021 50 ITEM— VII.I.2 PLANNING ITEM#71569 (Continued) 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way this approval shall be considered null and void. 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 4`h day of May Two Thousand Twenty One. 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 May 4, 2021 1 ORDINANCE APPROVING APPLICATION OF 2 OCEANFRONT INVESTMENTS, LLC FOR 3 THE CLOSURE OF APPROXIMATELY 420 4 SQ. FT. OF ATLANTIC AVENUE ADJACENT 5 TO 4201 ATLANTIC AVENUE 6 7 WHEREAS, Oceanfront Investments, LLC (the "Applicant") applied to the Council 8 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of right- 9 of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described portion of right-of-way (the "Right-of-Way") be 21 discontinued, closed and vacated, subject to certain conditions being met on or before 22 one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, 25 lying and being in the City of Virginia Beach, 26 Virginia, designated and described as "AREA OF 27 STREET CLOSURE (420 SQ. FT.)", as shown on 28 that certain street closure exhibit entitled: 29 "STREET CLOSURE EXHIBIT OCEANFRONT 30 INVESTMENTS, LLC", dated March 3, 2021 , 31 prepared by WPL, a copy of which is attached 32 hereto as Exhibit A. 33 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1 . The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. Copies of the policy are 44 available in the Planning Department. 45 46 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 47 (Adjacent GPIN: 2418-96-6049) 48 2. The Applicant, or the Applicant's successors or assigns, shall resubdivide 49 the properties and vacate internal lot lines to incorporate the Right-of-Way into the 50 adjoining parcel. The resubdivision plat must be submitted and approved for recordation 51 prior to the final street closure approval. 52 53 3. The Applicant shall dedicate a public drainage and utility easement over 54 the entire area proposed for closure to the City of Virginia Beach by a separate 55 recorded Deed of Dedication of Easement, subject to the approval of the Departments 56 of Public Utilities and Public Works, and the City Attorney's Office, which easement 57 shall include a right of reasonable ingress and egress. Said Deed of Dedication of 58 Easement shall include the provision that if any maintenance, repair or failure of any 59 public utility facilities causes damage or destruction to the improvements proposed by 60 the Applicant within the easement area, the Applicant will be responsible for the cost to 61 repair or replace said improvements. 62 63 4. The Applicant, or the Applicant's successors or assigns, shall verify that 64 no private utilities exist within the Right-of-Way proposed for closure. If private utilities 65 do exist, easements satisfactory to the utility company, must be provided. 66 67 5. Closure of the Right-of-Way shall be contingent upon compliance with the 68 above stated conditions within 365 days of approval by City Council. If the conditions 69 noted above are not accomplished and the final plat is not approved for recordation 70 within one year of the City Council vote to close the Right-of-Way this approval shall be 71 considered null and void. 72 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before May 3, 2022, this 77 Ordinance will be deemed null and void without further action by the City Council. 78 79 2. If all conditions are met on or before May 3, 2022, the date of final closure 80 is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the underlying 83 fee, the City Manager or his designee is authorized to execute whatever documents are 84 requested, if any, to convey such interest, provided said documents are approved by 85 the City Attorney's Office. 86 87 88 SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH as "Grantor" and OCEANFRONT INVESTMENTS, LLC as "Grantee". 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4 t h day 94 of May , 2021. 95 96 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 97 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. To-1K Planning Dep rtment City Attorney CA1487ff R-1 April 21, 2021 Street Closure Exhibit 141 ,. — o f 1 N 17°40'15°W 101.04' ` j ia ' h �.j III 1A ; PROPERTY OF Wv " o :' a - 1 * OCEANFRONT r m H 4''` - INVESTMENTS, LLC ' N ec a C 4 . ld a \ (IN. 200507210112271) 4 i (I.N. 20161216001140890) Ca �. r• 1 in. GPIN: 2418-96-6049 k 3 w Og i. . REFER TO DUSTING ENCROACHMENT 6 N 'S AGREEMENT (IN. 20200526000442300) N 11 i ' c. — FOR PROPOSED CURBING, PAVERS, STONE '44 t ( 2 f,;r ;i BANDING, LIGHTING, LANDSCAPING, h h " t. 1 N 76'21'13'E ii i IRRIGATION, AND PRIVATE WATER LINES 'Z.- cc' 79.41' ,R=255.00' i i c • 6.4' `A=27 88' . •I N 13'38'47'W +\ R=255.00' 5.00 ' 11 iy�4i�I.1I�� A=25°59'39` �� 'I mv 1�� =115.69° w -• ...• 3.8' il 5.0'i ii! \`" ,' 'i •R=255.00' �;:Z.S. 1, : v i S 76'21'13'W 0, A=02°18'09' R=255.00' il, noi 88.35' PI A=10.25' \ A=17'25'36'- i1 . 1 ; 53.9' AREA OF %.< \ i STREET c+�4�� s° CLOSURE \ /ill 1 1N-.. (420 SO.FT.) *�pT • � \a i .. .-. _G 4' ,per ir ;), N •• 5'10°E R=153 50' /a ' RIC RNER r. o J 1 3 9.7,ir o=50 40:14' N ,.,, I ic. . 2904 — _ A=149.15' a oJ 21 p t . . • OF VIRGINIA BEACH 0 25 50 FT �,� O� PARCEL A-1 I_. ..- . -.I 1 v I i� N •i . 10112273) K; SCALE Su�' �' 18-95-5753 SCALE: 1"-25' . = STREET CLOSURE HTT OCEANFRONT INVESTMENTS, LLC \yr Landscape S1) Architecture date: 03/03/2021 I fb/pg.: 997/38-47, 1001/1-2 proj. no.: 214-0001 Le.9cc7m �9 757.431.1041 'M mg 1GR SE 1 no FAL a?fit file: 217-0074_Encr(Sign).dwg rplat ref.: C-149 CAD/chk: ea9/ea9 Oceanfront Investments, LLC 51 ITEM— VILI.3 PLANNING ITEM#71570 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS MODIFIED,BY CONSENT,Application of GRACE BIBLE CHURCH OF VIRGINIA BEACH,INC. for a Modification of Conditions re religious use adjacent and South of 2285 London Bridge Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. for a Modification of Conditions re religious use adjacent and South of 2285 London Bridge Road (GPIN 2405700297) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. All of the conditions attached to the Conditional Use Permit for a Religious Use dated November 7, 2017, are hereby deleted and superseded by the conditions below. 2. When the church site is developed and landscaped, it shall be in substantial conformance with the submitted site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH",dated January 7,2021,prepared by Site Improvement Associates,Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development.Plantings along the two(2)property lines adjacent to residentially zoned properties shall be allowed to grow and shall be maintained at a height of no less than eight (8) feet. 3. A Landscape Plan shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval that contains the plantings and screenings referenced in Condition 2 above that includes but not limited to the following: a. As depicted on the plan as the "15 foot landscape buffer", along adjacent properties that are residentially zoned, a mix of trees and shrubs within a planting bed of no less than fifteen (15) feet shall be installed withplants that reach a minimum height of eight(8)feet at maturity; b. As depicted on the plan as the "ten (10)foot +/- landscape buffer"at a distance of no more than forty-five (45 feet from the property lines where improvements are located(parking lot, etc.) a second landscape buffer shall be installed to include both a ten (10)foot wide planting area with a mix of evergreen trees and shrubs and a solid privacy fence with a minimum height of six(6)feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Landscape Architect. Any dead, diseased, or dying plantings shall be replaced by the next planting cycle. The solid privacy fence shall be maintained in good condition. May 4, 2021 52 ITEM— VII.L3 PLANNING ITEM#71570 (Continued) 4. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church, Strawbridge Campus"["Phase 1 Elevations"& "Phase 2 Elevations 7, prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning & Community Development. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning& Community Development is required for any new signage installed on the site. 6. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight(8)feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Proposed Grace Bible Church Monument Sign", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 7. All outdoor lights shall be shielded and directed downward to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.All parking lot perimeter lighting between the parking lot and property lines adjacent to residentially zoned properties shall be limited to lighting no taller than four (4)feet. All other outdoor lighting fixtures, including building mounted lights, shall not be erected any higher than fourteen (14)feet. 8. The plan for complying with the Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary plan design and strategy for achieving compliance as submitted and preliminarily reviewed by Staff, unless otherwise approved by the Development Services Center. 9. Parking areas shall be no closer than ninety(90)feet from the adjacent residentially zoned property lines as depicted on the site layout exhibit entitled "SITE DEVELOPMENT PLANS FOR GRACE BIBLE CHURCH", dated January 7, 2021,prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4`" day of May Two Thousand Twenty One. May 4, 2021 53 ITEM— VILL3 PLANNING ITEM#71570 (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 May 4, 2021 itly .401 . '..-....„ , /b/ CI D �' — f N\'\N\N-, J m (4 -, /' fr-.4 11.11 \ .,7,,*/1,1" . � .• � '� litizi" m 3 °° 0 _ 140, 4) #441,.... , ,,u, (;), . 4,,Ltv 0 co _;----•_ Qy 16,...._—, iMpik•bi,.k / rZ: 00 /1"...T 114 4 #° iiii:/#::, 4 f 1Z..%4LI:4,(:::1‹::< v- . fir. / '6 '0/ ‘i 0 *4,- ,-;_, ‘100 I ill ret\,/ CO 0 / /44" . CT, N // / se: K.W4V, •/4, • - vt..,•-- 1 ce ly 4 ,91,1•:,..../aig iiiN .* . ,V ;pi ik., .ii , 46*7101 11D/ ,,„* 4, 4iN 4401 44 CO pet N� j f It lot .© �, a► .i I, dip CO iiiiiii t"---. - / Illi, o ' „N.r,ili,I,t iil-.vi,,,mt4,yt-.1 z -„I l„4....4_w___4: e_*,o.. Off., rOc:ire - ,N.,•,c:4 ■_ I"t.s.,"4,- t.. , Cki 0A0,l.t,,.t'' :J 0.Ni_3,I \ lat* i o.t"C_m EQ ©may o •I , �' tgise ` e V` 4 V p ' r CNI 71 yam, (� o O 11 e` Y t U y_f /� A r � Q. �1 ,Aj 7 i v A to 0.--.-c77/ „. ..... +' ce ,; ue' ; �'' ii. I SM l Ci d a, tom' CD N Q v 7 Off, I 'O"C_ ° N a l '\f # o > O Aii1II \ \ °' o, N � Q � / ;� \� o o, a a, c 41', �9 � / �•117 \� i% ° Cl) 0_ N m Ce iv - O0 0 54 ITEM— VILL4 PLANNING ITEM#71571 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, Phone:213-6674, spoke in OPPOSITION Nancy Parker, 513 21 st Street, Phone: 651-4848, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS CONDITIONED,Application of CESJB, LLC for a Conditional Use Permit re short term rental at 409 24`h '/z Street DISTRICT 6—BEACH(Deferred from April 6, 2021) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CESJB, LLC for a Conditional Use Permit re short term rental at 409 24`h '/z Street(GPIN 24270916610000) DISTRICT 6—BEACH(deferred from April 6, 2021) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 409 24 '/Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO) or as approved by City Council. 3. A driveway apron meeting Public Works Specifications and Standards shall be installed along 24 Street within ninety (90) days of City Council approval. As illustrated on the parking plan included in the Staff report, this apron shall be used for vehicle entry and exit onto the proposed nine(9)foot by thirty-six(36)foot north/south oriented compacted gravel driveway. 4. As illustrated on the parking plan found in the Staff report, a planted hedgerow shall be installed within ninety (90) days of City Council approval. All proposed plant species shall be submitted for review to the Zoning Administrator. Only those species approved by the Zoning Administrator shall be installed. 5. All compacted gravel on the east side of the subject lot, located between the dwelling and the eastern property line, shall be removed within ninety(90)days of City Council approval.As illustrated in the parking plan included in the Staff report, this requirement does not include the proposed north/south oriented nine (9)foot by thirty-six(36)foot compacted gravel driveway. May 4, 2021 55 ITEM— VII.L4 PLANNING ITEM#71571 (Continued) 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least$1-Million. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5(fires on the beach), 12-43.2(fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. May 4, 2021 56 ITEM— VIL.I.4 PLANNING ITEM#71571 (Continued) 14. No signage shall be on-site, except one (1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one(1)rental contract during any consecutive seven (7) day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 4th day of May Two Thousand Twenty One. Voting: 8-2 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 , Aro Cl-rL.,_______s____—_- - s N a�l�, . o z L Fri 0 1— C:3 - V 441 1 , dr _ A en ue c4 Arctic o \\\ M ''� c pve e '%� �' , o _ VI+ \ \C4 \ \ N i.e. ...--.1°"*"......°11 a CD 001 —II CI)\ \ 1 `�� \\\\ ;Nc W N \\'' k_e?Jci* 44,ell NII--°4 CO- `- '4 C---\ N Q _� 0a) ❑ Q Q t4 Z \ % \ \ ____ __ - Ild Mit (.0 SI 40 \ 0 \ „Ci, 0 Q XI1 1\ \' \ ' ---- ' \ �� \ \ ....------ ill\ --\ \ N c a v, 1 0 .N N I o .---1 \4:06) \ \ , \ \\ \ \444) '' \ \\ 1 T ``� � 1 C. \\\ N N CO N \. - ____ / _ c'7 0 , 0 �� `Q Itiiii Q Q 57 ITEM— VII.J. APPOINTMENTS ITEM#71572 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CITIZENS REVIEW PANEL TASK FORCE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION IN HOUSE PHARMACY EXPLORATORY COMMITTEE INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TOWING ADVISORY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE May 4, 2021 58 ITEM— VILJ. APPOINTMENTS ITEM#71573 Upon nomination by Vice Mayor Wood, City Council REAPPOINTED: EMILSON ESPIRITU Three year term 6/1/2021—5/31/2024 AUDIT COMMITTEE Voting: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 59 ITEM— VILJ. APPOINTMENTS ITEM#71574 Upon nomination by Vice Mayor Wood, City Council REAPPOINTED: GINGER PLOEGER (Tidewater Youth Services Commission) Two year term 6/1/2021—5/31/2023 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 60 ITEM— VII.J. APPOINTMENTS ITEM#71575 Upon nomination by Vice Mayor Wood, City Council APPOINTED: KIMBERLYMELNYK (School Board) No Term IN-HOUSE PHARMACY EXPLORATORY COMMITTEE Voting: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 61 ITEM— VII.J. APPOINTMENTS ITEM#71576 Upon nomination by Vice Mayor Wood, City Council REAPPOINTED: ED HOPPER OLGA TORRES Two year term 6/1/2021—5/31/2023 MINORITY BUSINESS COUNCIL Voting: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 62 ITEM— VII.J. APPOINTMENTS ITEM#71577 Upon nomination by Vice Mayor Wood, City Council APPOINTED: MIKA TWYMAN (Student) Unexpired thru 8/31/2021 Plus one year term 9/1/2021 —8/31/2022 PARKS AND RECREATION COMMISSION Voting: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 63 ITEM— VII.J. APPOINTMENTS ITEM#71578 Upon nomination by Vice Mayor Wood, City Council REAPPOINTED: BRADLEY VOLNER (Towing Industry) Three year term 6/1/2021 —5/31/2024 TOWING ADVISORY BOARD Voting: 10-0 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, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Barbara M. Henley May 4, 2021 64 ITEM— VILK UNFINISHED BUSINESS ITEM#71579 Council Member Rouse advised during Closed Session the Citizens Review Panel (CRP) Task Force nominations were discussed but discussing changes to the composition of the CRP Task Force required discussion in front of the public. Council Member Rouse believes it is important to be intentional in appointing members to the CRP in order to build trust within the community who advocated for the CRP, advising the current nominations include a majority of citizens who have legal and law enforcement backgrounds. Council Member Rouse advised he supports their membership; however, he is concerned that those members will not represent the views of the citizens who requested establishing the CRP. Council Member Rouse asked Council Member Wooten if she would consider increasing the membership from eleven (11) to fifteen (15) to allow other members of the community to be appointed to create a balanced Task Force. Council Member Wooten advised she is entertaining the request as she believes the nominations are not reflective of the whole community and would like to see faith based leaders, youth or regular citizens. Council Member Wooten expressed she wants the appointment process to be fair and create a diverse membership. Council Member Wooten advised she would not vote in support of the current nominees. Council Member Berlucchi advised the original Ordinance was amended to increase the membership from seven(7) to eleven (11)to allow each Council Member to nominate a member. Council Member Berlucchi requested to know what "reflective of the community means", adding the definition varies and is subjective. Council Member Berlucchi also asked what the process will be for appointing additional members, if approved. Council Member Moss believes the Body would like the recommendations from the CRP Task Force, whatever they may be, to be seen from the community as recommendations that followed a critical and objective process. Council Member Moss advised there was not a precept for nominating citizens and many who have been nominated reflect citizens with expertise in law enforcement but not any who have experience in dealing with law enforcement and is underrepresented. Council Member Moss advised the Ordinance should be modified to increase the membership, adjust the final report to be due at a date after June IS`and define a process to ensure there is diversity on the Task Force. Council Member Wilson suggested extending the date of the report, continue to review Talent Bank Applications and encourage younger people to apply. Council Member Wilson asked when is the next date the Body could make appointments. Mayor Dyer advised May 18`h. May 4, 2021 65 ITEM— VII.K. UNFINISHED BUSINESS ITEM#71579 (Continued) Council Member Wooten advised she wanted to share information that has led to this point and explained she sent information to the Body detailing a process to first send out information to the public requesting they send in Talent Bank Applications and then the Body would review the submitted applications to seek qualified members with a background in legal, law enforcement, regular citizens and so on. Council Member Wooten advised she laid out a process that would provide the Body with a priority list to choose from; however, some Council Members suggested appointing members the way it has historically been done and allow each Council Member to nominate someone. Council Member Wooten advised the later was the process followed which resulted in an imbalance and now the Body must rebalance the scale. Council Member Wooten advised the way forward is to start over and decide on membership criteria, select citizens meeting that criteria and vote on them. Council Member Wooten advised she wants to have a transparent, unbiased process and have a Task Force that is reflective of the community with different viewpoints. Council Member Wooten advised it is important that this process is transparent because it is potentially the way the Citizens Review Panel will be established. Council Member Abbott advised she received a lot of phone calls on this issue and was surprised to see there were only twenty (20) applications. Council Member Abbott advised she reviewed all of the Talent Bank Applications and believes increasing the membership would benefit the Task Force to ensure everyone is represented. Council Member Abbott suggested including student members as they are impacted as well. City Manager Duhaney requested information on what the staff expectations will be to support the Task Force? Mayor Dyer requested Council Member Wooten work with the City Manager to increase the size of the Task Force membership and provide guidance on staff support requirements and requested the Body reach out to citizens to encourage people who meet the diversity criteria apply. Mayor Dyer advised he would like to have the revised Resolution considered on May 18th. Mayor Dyer asked Council Member Wooten if postponing the Task Force's final report due date to July 15`'' would provide a better timeframe? Council Member Wooten expressed concern that amending the Resolution would prolong the process to June in order to appoint additional members but agreed the due date for the report would need to be delayed. Council Member Moss offered to work with Council Member Wooten to determine the resource requirements such as time needed for the Task Force as well as for staff to work on a compressed schedule. Council Member Moss advised the Body does not know what availability the prospective members will have and suggested the amended Resolution not include a specific date and have wording to the effect of "such time as the consensus of Council might prescribe"to eliminate the need of amending the Resolution again to defer the due date. Council Member Wilson agreed that the members who work during the day may not have time to work and asked if meeting in the evening would be possible? May 4, 2021 66 ITEM— VII.K. UNFINISHED BUSINESS ITEM#71579 (Continued) Council Member Rouse advised he did not want to get into those details as the members will have to decide when they will meet and believes the issue now is to determine if the Task Force will be expanded by four members and allow more people to apply. Council Member Wooten advised she does not have an issue expanding the Task Force but is concerned with the delay. Council Member Wooten expressed concern with the process stating fifteen (15)people could be appointed and the membership still may not have diversity, would it be expanded to twenty(20)? Council Member Wooten advised if the Task Force remains at eleven (11) and if all Council Members support and appoint "the right people" the Body can have what is needed. Council Member Wooten advised the Body is at this point because the process and guidelines were not followed as they should have been. If the Task Force is expanded and the Body goes out to their friends to have more applications submitted, that will be a problem and the Body still will not have what is needed. Council Member Wooten believes the Body should, "look at what we have, have these applications come in, go back to the drawing board and come out with a more inclusive group". Council Member Berlucchi agrees the Body should not get into the weeds with managing the Task Force but believes it is a valid point that if the Body wants to have a diverse, accessible and inclusive group, the Body needs to be able to communicate with confidence that people with jobs will be able to participate. Council Member Berlucchi advised he has had people ask when the Task Force would meet because they have work commitments and believes it is important the Body conveys it is preferred to have meetings held at a time when people can participate. Council Member Berlucchi advised, as it is being considered on what appointments to make, he is confused when it is said to make the "right appointments" and asked what that means? Council Member Berlucchi cautioned against using that language as it can mean different things to different people and can be considered bias. He believes the Body wants to have the same thing with having a safe, equal and peaceful community where there is confidence that there is trust, respect and accountability across the board. Council Member Berlucchi advised those are sometimes difficult discussions to have but it is the Body's responsibility and is hopeful the Body can rise to that challenge. Council Member Wooten advised she wanted to address the comment concerning the "right appointments", stating what the Body has now is an imbalance with more retired law enforcement or those with a legal background and she does not believe it is sufficient or fair. Council Member Wooten advised she served on a board previously with young people who attended in the middle of the day and does not believe it is an issue and does not want to over complicate things and does not want to expand the Task Force. Council Member Wooten suggested the following, "stick with the eleven (11) we have, we can ask for more applications and re-visit the list we have appointed and make those appointments again to be reflective of what we're stating here today". Council Member Moss advised he does not want to re-visit the list of eleven (11)and suggested just having the vote on May 18th. May 4, 2021 67 ITEM— VILK UNFINISHED BUSINESS ITEM#71579 (Continued) Mayor Dyer advised there is direction now and the draft Resolution will include expanding the membership and include logistical support as suggested by the City Manager. Council Member Wooten clarified that is not what she would like to do and would like to keep the Resolution as it is currently written. Council Member Wooten advised she will trust this process and go back out to ask for more applications, re-visit the list when the Body is back together and make appointments reflective to what has been discussed. Mayor Dyer asked the Body if the Task Force should be expanded to have four (4) additional members resulting in a consensus to leave the membership at eleven (11). Mayor Dyer advised he was turning the meeting over to Vice Mayor Wood due to a family matter. May 4, 2021 68 ADJOURNMENT ITEM#71580 Vice Mayor James L. Wood DECLARED the City Council FORMAL SESSION ADJOURNED at 8:09 P.M. , Terri . e ius James L. Wood Chief Deputy City Clerk Vice Mayor Amanda Barn MC Robert M. Dyer City Clerk Mayor May 4, 2021 69 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, spoke concerning public safety Jay Boone, spoke in SUPPORT of the Citizen Review Panel(CRP) Task Force Wayne Mitnick, 4636 Lodgepol Drive, Phone: 651-8115, requested additional grant money to be awarded to assist him with his business as a result of the pandemic JaPharii Jones, Phone: 880-3276, expressed his disapproval of City Council James Lanceliotti, 5988 Jake Sears Circle#201, Phone: 201-403-7950, spoke regarding pro-life legislation Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in SUPPORT of the CRP Task Force Takira Harris did not respond Brittney Plumber did not respond Michael Paul, 833 Brimson Lane, Phone: 975-9970, did not respond Klalil Cribb, 404 Turlington Road, Newport News, Phone: 344-0880, spoke concerning shooting at the Oceanfront Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke in OPPOSITION to the proposed budget Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION to the proposed Short Term Rental Zoning Permit fee Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, spoke requesting appointment to the CRP Task Force Kendal Maynard, spoke in OPPOSITION to the proposed Short Term Rental Zoning Permit fee Adjourned at 8:51 P.M. May 4, 2021