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Home My WebLink AboutNOVEMBER 16, 2021 FORMAL SESSION MINUTES rrr,141A \13, P. !V ›j VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 16, 2021 Mayor Dyer called to order the CITY COUNCIL/SCHOOL BOARD JOINT SESSION in Building 19, on Tuesday, November 16, 2021, at 1:00 P.M Council Members Present: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Guy K. Tower and Vice Mayor Rosemary Wilson Council Members Absent: Michael F. Berlucchi—Out of town—family obligation Aaron Rouse—Previously scheduled meeting Sabrina D. Wooten—Arrived at 1:43 P.M School Board Members Present: Beverly M. Anderson, Sharon R. Felton,Jennifer Franklin, Laura K. Hughes, Victoria C. Manning, Jessica L. Owens, Trenace B. Riggs and Chair Carolyn T. Rye School Board Members Absent: Dorothy M. "Dotty"Holtz, Vice Chair Kimberly A.Melnyk and Carolyn D. Weems 2 CITY COUNCIL/SCHOOL BOARD JOINT SESSION FIVE YEAR FORECAST ITEM#72206 1:00P.M. Mayor Dyer welcomed Greg Grootendorst, Chief Economist—Hampton Roads Planning District Commission (HRPDC), Kevin Chatellier, Director — Budget and Management Services, Ronald Agnor, City Real Estate Assessor, Eric Schmudde, Chief Deputy Commissioner of the Revenue - Commissioner of Revenue and Crystal Pate, Chief Financial Officer—Schools. Mr. Grootendorst expressed his appreciation to City Council for their continued support and distributed a copy of the presentation, attached hereto and made a part of the record. The City Council/School Board Joint Session ADJOURNED at 2:55 P.M. November 16, 2021 .. r -C: gip i. • *f."14t: . \ es1;4. . ilk it Illi Jr- Cl). ., 4'17' i. ....s t I ,Ot,. • u ill) -, 11:0 % . ''' -' ;1mi Illi C 1 1 �rw _ om U �, • ;1-1-4 �'`+ ....,.....30z i r N, .• IV f,, • C5) 1 I fj` ..e.,y • w x U " ' ' R t 4 3 I Hampton Roads Economic Briefing Greg Grootendorst, Chief Economist of Hampton Roads Planning District Commission 2 co 1 U 0 1 1� a -I—J Ot = Vco O� U O& N 0 '^ 6`ec C V OV /� W 1 1 }' 'Pi O e N (� 2 �/ / a c`O CO O I Q wo o CO e co_ . c `z O 0 CI) Oc, co `oe c 0 o N cc N E di COoi O IO z co 0 co co O 0 LL v-O I_ z I O O O O I O O O O O o 00000 a)E a> H saelloa ZuOZ Peu!eya }o suoilli8 z U a cL CC I Change in Month -to- Month Employment 600 400 c � 200 I- --- a` . i ii: .-20 - -40. E � w '' -600 .- Civilian Employment — 10 - Year Average a -800 a O O O O ON ONO a) O, � . c i 00O N N O� OD Oh 0 O0 0 N m Q' tiQ' ,O N N N I N ,'ti ti 1, tif � � O� O ,O ,LO 1, � 'V Sources:Bureau of Labor Statistics,and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 4 1seaaJod JeaA-avid I LZOZ '96 JagwanoN I DadHH 9 3OdaH Pue sogsge;s Jogei;o neaing:seams �1'01" o't01' `0�01, ��o'l, L�`0� o�o'L ��`0� '4�'0� 4,�'0t ��01, v�'01" o�o'l, `0001, 0001, Loot, oo01" yoo'l, 08 900Z AJenuep uliM Jed 'sow s! luewAoidwD uel!inD speoH uoldweH 98 3 a 13 l x06 a cn 56 z a ,,,....•- 00 P 711)j 50I D > 014 c • a sa;els pa�!u fl— e!u!fa!n speoj uo4duaeH 5 4 0Zt• : l u a u Ao d wpaxapu SOOZ I � I Indexed Employment : Jan `20 — 21 Augg 105 Hampton Roads Virginia —United States -0 • U? 100 cn N> 95 a 0 }; U.S. is 3.3% Below Pre-Covid n d 90 ✓� o o Virginia is 4.3% Below Pre-Covid x 85 -pa) E w Hampton Roads is 5.7% Below Pre-Covid 80 Jan-20 Mar-20 May-20 Jul-20 Sep-20 Nov-20 Jan-21 Mar-21 May-21 Jul-21 Sources:Bureau of Labor Statistics and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 6 Employment by Industry : 2021 vs 2019 Scientific & Technical Transportation & Utilities Construction Federal Government Management 1 Wholesale Trade 1 Retail Trade Real Estate & Leasing M Finance & Insurance Information State Government Other Services Education Services Local Government Manufacturing Administrative & Support Healthcare & Social Leisure & Hospitality -15,000 -10,000 -5,000 0 5,000 10,000 Sources:Bureau of Labor Statistics and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 7 9 TseoaJO JeaA-°'d I IZOZ `9.JagwanoN 13od2JH 3OdaH Pue soi;s!leis Jogei to neaing:sa3JnoS �1,01° OtiOZ 6v0� O�0, L�`Ot 9vot 0�� '4�`Ot �v0t el ' 0t O v� O�'� 0t ot 60 �� LOOt 4' 0t�� 0 m % a) U! O z a °/OZ I }},. `. _y.�s. °/o Y a z m %8 v 0 %Ol. m %Z 1, , d m %ti 4 w e!u!6.1!A salels pawn— speoj uo}dweH %91. sale luawAo dwau � � n Hampton Roads Labor Force 1,000,000 Employed WM Unemployed —Labor Force 900,000 800,000 700,000 600,000 The Labor Force is down 5% 500,000 LI Since January of 2020: Labor Force employment is down 6% 400,000 Unemployment is up 49% 300,000 • 200,000 Since 2005, Hampton Roads Labor Force has grown at an annualized rate of 0.33% 100,000 0 do do do do fto ,yo `10 fto 3, fto ,yo ,yo 1, �.. ��. ti� ti� 1, ti, 3• . . Q J� �eQ O° °1, Oea ,a� P9 I ,J(, ,J�, PJ . Sources:Bureau of Labor Statistics and HRPDC HRPDC 1 November 16, 20211 Five-Year Forecast 9 Population Growth 2.0% 1 .8% 1 .6% Agibe. 0 1 .4 0 (9 1 .2% 111..411% ,...h%"1111nli N 1 .0 /0 o 0.8% 0.6% 0.4% — -- _ 0.2% — Hampton Roads Virginia - U.S. 0.0% A° .\`, 1� '1`° .�c �O ,,g �k 4° oo �° o,`L o� cP oo p� O`L o� O`° O`b ^O ,\`1, ,R ,\`° \o o, Nag '\o, '\o, NO N.' No, N..'o No N N N N N N°' fO fO qo q, qO 90 q, q, Sources:U.S.Census Bureau,Weldon Cooper Center,and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 10 HR Population Histogram , 2019 85 years and over I sm. . 80 to 84 years • Females 75 to 79 years ■ Males 70 to 74 years 65 to 69 years IIIIIIIIIIIIIMINIII N 60 to 64 years a, 55 to 59 years ! '0 50 to 54 years A bp 45 to 49 years ► , 40 to 44 years v 35to39years a, 30 to 34 years $ 1 bO 25 to 29 years ► T■ a 20 to 24 yearsjoiam,mom 15 to 19 years 10 to 14 years 5 to 9 years Under 5 years 100,000 80,000 60,000 40,000 20,000 0 20,000 40,000 60,000 80,000 Sources:U.S.Census Bureau and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 11 Home Prices 160 —Hampton Roads Virginia U.S. 150 140 0 130120 � n L. el 110 - — - E o 100 _ O 90 80 O� OHO \ 00 O°� �O t•� '��' •, '�b` N, �cO '�� NO ►�O `LO `L� �O r0 �O cos �O �O �O �O C), O �O �O �O C), ,y0 r�0 �O Sources:Federal Housing Finance Agency and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 12 Growth in Inflation Oct ' 20 - Oct ' 21 -10% 0% 10% 20% 30% 40% 50% 60% Gasoline (all types) Car and truck rental Energy Used cars and trucks Transportation Furniture and bedding ■ New vehicles Appliances All items Food at home Food Housing Apparel Recreation ■ Personal care ■ Rent of primary residence ■ Alcoholic beverages ■ Education ■ College tuition and fees ■ Medical care ■ Prescription drugs Airline fares Sources: Bureau of Labor Statistics and HRPDC HRPDC I November 16, 20211 Five-Year Forecast 13 Inflation in the United States 300 1.40°/0 CPI - Inflation Index Growth Rate 1.20o �, 250 `° 1.00°/O > I J 200 0.80%a060 /o a> 150 c) 0.40% c •— o . \iN CI- 100 0.20% N L. a) - 0.00°/O w z 50 -0.20% 2 N U op -0.40% ' o..thN of§3o..tCoN �6h �`Oth �`12 it)` �� o�� pO� pO O\� OKti N N.. N.. N N. N. N.. N. N. N. Ny N. 107 � el ') ' a Sources:Bureau of Labor Statistics and HRPDC HRPDC 1 November 16, 20211 Five-Year Forecast 14 OEOZ U t. LZOZ ET tZOZ t IZOZ m U- co 8fUZ d o 0 S1.OZ o a ZI-OZ 600Z E To U 900Z N •— fLI Q EOOZ - 0 6 000z a L66I. A 17661. 9961. 0 Z861. 6L6L. ID t 9L6 I- n . as EL6t N 0L6L. L96l. Z b96I. 4..) 2 1.961. CD U 856 T. � Q) it 9961. 0 Z561. L 6176l. N CD U 9i76 . 0 L. 4 Et761. 01761. N 0 ^ , - a o z _ _ dap }o afie4ueoJed o t OngoingRegional Initiatives • $5.8 Billion in regional transportation infrastructure projects • Interconnected regional fiber network • Economic development sites readiness • Implementation of a restructured regional model for EconDev • Development of an offshore wind supply chain • Regional revenue sharing model (EVRIFA) • Federal Initiatives • Infrastructure package, EDA regional challenge, Jefferson Labs HRPDC 1 November 16, 20211 Five-Year Forecast 16 Real Projections Ronald Agnor, City Real Estate Assessor 17 Timeframe and Processes SEPTEMBER 1 BOE HEARINGS FOR REASSESSMENT FOR NEXT SALES VALIDATION PROCESS JULY 1 LANDBOOK CURRENT YEAR THROUGH > --> IS CONTINUAL THOUGHOUT COMPLETE AND POSTED TO DECEMBER FISCAL YEAR BEGINS THE YEAR TRO A/R I y WE ARE HERE All PARCEL AND OCTOBER 1 DECEMBER 31 DECEMBER 31 NEIGHBORHOOD"MARKET" 9 MONTH NEW > 6 MONTH NEW > SALES CUT OFF FOR THE —> ADJUSTMENTS BASED ON CONSTRUCTION CONSTRUCTION JANUARY 1 NEXT FISCAL YEAR DATA AS OF DECEMBER 31 NOT A FORECAST y JANUARY 31 LAST TUESDAY OF FEBRUARY SEPTEMBER 1 MARCH 1 ASSESSOR APPEALS, PLATS, REASSESSMENT MUST BE FEBUARY ANNUAL REPORT ASSESSMENT CHANGE — > 2 QTRS NEW CONST, COMPLETE TO CITY COUNCIL WITH NOTICES MAILED RE-ZONINGS COMPLETE FOR City Code 35-27(b) JULY 1 PROJECTIONS LANDBOOK • NEIGHBORHOOD ADJUSTMENTS ARE MARKET DERIVED FROM DATA THROUGH DECEMBER 31 EACH YEAR February • "FORECASTED" ESTIMATES INCLUDE: • APRIL 1 NEW CONSTRUCTION Land Book • JULY 1 NEW CONSTRUCTION W/ PARTIAL COMPLETE • CITY ASSESSOR REQUESTS FOR REAPPRAISAL Projection ADJUSTMENT RESULTS • PLAT ADJUSTMENTS JULY I • ZONING ADJUSTMENTS JULY 1 MARKET ADJUSTMENTS AS OF JANUARY 31 PLUS FORECASTED ESTIMATES ABOVE = JULY 1 LANDBOOK PROJECTION PRESENTED TO CITY COUNCIL IN FEBRUARY PATH TO COMPLETED LANDBOOK MARCH 1 - REAL ESTATE ASSESSMENT CHANGE NOTICES ARE MAILED MARCH-AUGUST APPEALS TO ASSESSOR APRIL 1 - NEW CONSTRUCTION QUARTER JULY 31 - NEW CONSTRUCTION WITH PARTIAL COMPLETED PROPERTY JULY 31 - PLAT AND ZONINGS COMPLETE AS OF JULY 1 1ST WEEK OF AUGUST - COR COMPLETES SR/DISABLED, KIA, ETC. REA RUNS INVENTORY, CALCULATES LEVIES, BALANCES WITH APPRAISAL SYSTEM, PERFORMS INTERNAL AUDIT REA NOTIFIES CITY TREASURER TO POST LAND BOOK TO A/R BY SEPTEMBER 1 LAND BOOK PROCESS COMPLETE AND ACTUAL RESULTS REPORTED TO COUNCIL FEBRUARY PROJECTION VS ACTUAL IS TYPICALLY A DIFFERENCE OF .1%-.3% ANNUAL REPORT (FEB) PROJECTIONS VS ACTUAL LAND BOOK 5.0 Projected —Actual 4.0 3.0 W Z el x Projected Actual u 2.0 0 FY17 3.0 3.3 FY18 2.7 3.1 FY19 2.8 3.2 1.0 FY20 3.2 3.6 FY21 3.3 3.5 FY22 3.7 3.9 0.0 FY17 FY18 FY19 FY20 FY21 FY22 FISCAL YEAR 5 YEAR PROJECTION SUBMITTED AUGUST 26, 2021 ACTUAL FY-18 TO FY-22 PROJECTED FY-23 TO FY-27 FY 2017/2018 3.1% FY 2022/2023 3.9% FY 2018/2019 3.2% FY 2023/2024 3.8% FY 2019/2020 3.6% FY 2024/2025 3.8% FY 2020/2021 3.5% FY 2025/2026 3.8% FY 2021/2022 3.9% FY 2026/2027 3.2% 5 YEAR PROJECTION VS ACTUAL SUBMITTED AUGUST 26, 2016 PROJECTED ACTUAL FY 2017/2018 3.0% FY 2017/2018 3.1% FY 2018/2019 3.0% FY 2018/2019 3.2% FY 2019/2020 3.0% FY 2019/2020 3.6% FY 2020/2021 3.0% FY 2020/2021 3.5% FY 2021/2022 3.0% FY 2021/2022 3.9% OBSERVATIONS FOR 5-YEAR FORECAST CONDITIONAL OBERVATIONS • 5 YEAR PROJECTIONS ARE JUST SPECULATION BASED ON CURRENT MARKET ACTIVITY AND TRENDS AS OF AUGUST 2021 • 5 YEAR FORECAST ESTIMATES ARE EDUCATED GUESSES AT BEST AND ARE NOT SUPPORTED BY ANY DIRECT EVIDENCE, DATA ANALYSIS OR CONCLUSIONS. RELIABLE PROJECTIONS WILL BE COMPLETE JANUARY 31 FOR OUR ANNUAL REPORT IN FEBRUARY • THE DATA WE NEED TO FINALIZE THE FEBRUARY PROJECTION FOR CITY COUNCIL FOR RESIDENTIAL & COMMERCIAL PROPERTIES IS STILL BEING COLLECTED AND ANALYZED. • LOWER PRICE HOMES ARE STILL APPRECIATING AT A HIGHER PACE THAN HIGHER PRICE HOMES HOWEVER, THERE APPEARS TO BE AN INCREASE IN NUMBER OF SALES OF HIGHER PRICE HOMES REAL ESTATE ASSESSOR OPINIONS CONDITIONAL OPINIONS • THE PANDEMIC DELTA VARIANT WILL MOST LIKELY HAVE NEGATIVE CONSEQUENCES FOR SOME OCCUPANCY CODES INCLUDING BUT NOT LIMITED TO: HOTELS, OFFICES AND SHOPPING CENTERS. MOST LIKELY THIS WILL PARTIALLY OFFSET THE OVERALL INCREASE ATTRIBUTABLE TO RESIDENTIAL • RESIDENTIAL PROPERTY VALUES CONTINUE TO RISE DUE TO LOW INTEREST RATES AND THE LOW INVENTORY OF HOMES FOR SALE. HOWEVER, IF INVENTORIES AND INTEREST RATES RISE, A STABILIZATION IN VALUE INCREASES AFTER 2022 IS EXPECTED • INFLATION IS EXPECTED TO CONTINUE TO RISE ALONG WITH AN INCREASE IN THE 10 YEAR TREASURY BILL INDICATING MORTGAGE RATE INCREASES IN 2022 TO OVER 4% REAL ESTATE ASSESSOR OPINIONS CONDITIONAL OPINIONS (continued) • SUPPLY CHAIN PROBLEMS AND LACK OF AVAILABLE DEVELOPABLE LAND MOST LIKELY WILL CONTINUE THE TREND OF RISING CONSTRUCTION COSTS • NEW CONSTRUCTION GROWTH IS EXPECTED TO DECLINE AS IT DID IN THE FIRST 3 QUARTERS OF 2021 WHEN COMPARED TO SAME QUARTERS IN 2020 • A TOTAL OF 66 FORECLOSURES FOR THE FIRST 9 MONTHS OF 2021 IS UNUSUALLY LOW. EXPECTATIONS ARE THAT FORECLOSURES WILL INCREASE IN 2022 MANAGEMENT SERVICES REQUEST TO ANALYZE SALES FROM THE FIRST 6 MONTHS OF 2021 • 6,041 SALES COMPARED TO THE PREVIOUS 6 MONTHS OF 6,336 = -4.66% • MEDIAN RESIDENTIAL SALE PRICE $307,500 (JAN — JUNE 2021) COMPARED TO THE PREVIOUS 6 MONTHS $302,000 (JULY — DEC 2020) = +2.0% • MEDIAN RESIDENTIAL SALE PRICE $307,500 (JAN — DUNE 2021) COMPARED TO THE SAME 6 MONTH PERIOD $282,950 (JAN — 1UNE 2020) = +8.7% • RESIDENTIAL SALES RATIO COMPARED TO PREVIOUS YEAR LAND BOOK (certified) = .86 • RESIDENTIAL SALES RATIO COMPARED TO CURRENT IN PROGRESS VALUES (worksheet) = .99 ABOVE ARE STATISTICAL MEASURES i HAT DO NOT REPRESENT DOLLAR INCREASES FROM LAND BOOK THAT WILL BE PRESENTED IN FEBRUARY 1111111111111 CITY COUNCIL ° FY- 2023 ANNUAL REPORT 212: February 22 , 2022 (Release. date February 18) Personal Eric Schmudde, Commissioner of the Revenue's Office OE iseaaJoA teak-any I Luiz '96 JaquWanoN I anuanai aNu.°Jauoissivauaoo AJedad sseuisn8 a gibuel AuadoJd IeuosJod 0$ 000'000'0Z$ 000'0017'L£$ 000'006'83$ 000'006'1S$ 000'000'173 000`000`0b$ 000'000'09$ 000'000'08$ 000'000'00 6$ 000'00Z' I.1.$ 000`000`0Z l$ 000'008'LZ l$ 000'008'bZ L$ 000'000'017 L$ 000'005'317 l$ 000'000'09 L$ pSSOSS'çI xej TZOZ — 810 ? 2018 2021 U . S . Vehicle Sales 20 18 16 17.2 17.0 16.6 14 14.3 Estimate cn 12 z 0 10 J_ 2 8 6 4 2 0 2020 2021 Note: 2021 may miss target in sales numbers but may set a record for new car prices per unit, increasing tax assessments Commissioner of the Revenue I November 16, 20211 Five-Year Forecast 31 as�' Vehicle Personal PropertyPercentage Forecast % Growth Vehicle Historical Average 2004 - 2020 4.2% COR Estimate FY 22 & FY 23 6% COR Estimate FY 24 & FY 25 5% Commissioner of the Revenue 1 November 16, 20211 Five-Year Forecast 32 Summary • Personal Property - Better than normal growth • Tangible Business Property - Normal Growth- 3.2% • Wild Cards — Switch from gas to electric vehicles & economic conditions Commissioner of the Revenue I November 16, 20211 Five-Year Forecast 33 CityVirginiaof Beach Five -Year Forecast Kevin Chatellier, Director of Budget and Management Services 34 General Government Revenues Budget and Management Services' November 16, 20211 Five-Year Forecast 35 Real Estate Tax Revenue $800,000,000 $750,000,000 $700,000,000 $749M $633M $633M $650,000,000 $600,000,000 $655M $550,000,000 $500,000,000 $450,000,000 $400,000,000 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 r r r LuLo r r w .0 i r Lug Budget Actual —Projection 36 Budget and Management Services' November 16, 20211 Five-Year Forecast "` Real Estate Tax Revenue $800,000,000 $781M $750,000,000 $684M $700,000,000 $749M $633M $633M $650,000,000 $600,000,000 $655M $550,000,000 $500,000,000 $450,000,000 $400,000,000 __-.__�__ =Y 2018 FY 2019 FY 2020 Y 2 J21 FY 2012 r r 2024 r r ,020 r r taco r 2027 Budget Actual ----Projection —With Stormwater Bond Referendum Budget and Management Services' November 16, 20211 Five-Year Forecast 37 9£ TseoaJod JeaA-avid I IZOZ '91. JagwanoN IsaoiMas 1uawa6eueW pue ia6pn8 uoiuoefojd..,-.:, Iemoy— la6pn8 LZOZ Ad 9ZOZ Ad SZOZ Ad t'ZOZ Ad c;UG 0$ 000'000.0$$ 000'000'OO l$ ::::::::;: W981$ W60Z$ 000'000'09n flUAHAlJadaid General Sales Tax Revenue $110,000,000 $100,000,000 $96.7M $90,000,000 $78.7M $81M $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 - 2018 FY 2023 FY 2024 FY 2025 Budget Actual —Projection 39 Budget and Management Services' November 16, 20211 Five-Year Forecast Restaurant Meal Tax Revenue $90,000,000 $85.9M $85,000,000 $80,000,000 r,:000aowmw0000w0000000000r•oo...... r$73.4M $75,000,000 $70,000,000 $65.2M $65,000,000 $60,000,000 $62.4M $55,000,000 $50,000,000 $45,000,000 $40,000,000 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 202, FY CJLU FY 2026 FY 2027 Budget Actual —Projection Budget and Management Services' November 16, 20211 Five-Year Forecast 40 Hotel Tax Revenue $45,000,000 $42M $40,000,000 37.6M $35,000,000 $32M $33.3M $30,000,000 $25,000,000 $20,000,000 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Budget Actual —Projection Budget and Management Services' November 16, 20211 Five-Year Forecast 41 General Government Expenditures — F Budget and Management Services' November 16, 20211 Five-Year Forecast 42 Expenditure Assumptions and Drivers Personnel • Compensation- assumed 3% year 1 and 2.5% each year after • Virginia Retirement System (VRS) Rates- assumed 1.5% rate increase • Health Insurance- assumed 3% employer contribution increase • Vacancies- fully uploaded personnel without reflection of attrition Operating Accounts • Inflation of 2.3% Forecast Includes All Operating Funds (General Fund, Enterprise Funds, Special Revenue Funds) • Baseline assumptions apply to most Budget and Management Services] November 16, 20211 Five-Year Forecast General Fund Revenues and Expenditures 4.71% 4.59% 2 2.87% 3.00% 2.82% 3.04% ■ 0 2.86% 2.87% 2.88% • 02.65% FY 2022 - 2023 FY 2024 - 2025 -" 2025 - 202C Revenue Expenditure FY 2022 FY 202' FY 2024 FY 2025 -Y 2026 FY 2027 Revenue $1,231,759,610 $1,288,274,753 $1,325,114,668 $1,363,210,956 $1,402,510,379 $1,439,710,031 Expenditure $1,231,759,610 $1,289,745,741 $1,326,769,744 $1,366,575,647 $1,405,093,161 $1,447,784,922 Sur.Ius/Deficit - $1,470,988 $1,655,076 $3,364,691 $2,582,782 $8,074,891 Budget and Management Services] November 16, 20211 Five-Year Forecast General Fund Revenues and Expenditures 4.82% ' = 4.59% ° 3.04% � 2.87% 3.00/0 2.82% • C9 2.86% 2.87% 2.88% 2.65% FY 2023 - 202 2024 - 202c, FY 2026 - 2027 Revenue —Expenditure FY 202' FY 202' FY 2024 FY 2025 cY 2026 PY 2027 Revenue $1,231,759,610 $1,288,274,753 $1,325,114,668 $1,363,210,956 $1,402,510,379 $1,439,710,031 411111111111111111,111 Expenditure $1,231,759,610 $1,291,185,154 $1,328,245,144 $1,368,087,931 $1,406,643,253 $1,449,373,765 Sur.Ius/Deficit - $2,910,401 $3,130,476 $4,876,975 $4,132,874 $9,663,736 Budget and Management Services' November 16, 20211 Five-Year Forecast 45 Waste Management Revenues and Expenditures FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Revenue $38,858,253 $39,235,313 $39,616,143 $40,000,782 $40,389,266 $40,781,636 Use of Fund Balance I $1,441,968] - - - - - Total Revenue $40,300,221 $39,235,313 $39,616,143 $40,000,782 $40,389,266 $40,781,636 Expenditure $40,300,221 $41,661,819 $47,051,375 $47,505,341 $48,524,508 $49,691,940 Surplus/Deficit - ($2,426,506) ($7,435,232) ($7,504,559) ($8,135,242) ($8,910,304) �, .._. . —..am„ .. Budget and Management Services] November 16, 20211 Five-Year Forecast 46 Stormwater Revenues and Expenditures FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Revenue $47,292,161 $47,762,407 $48,237,355 $48,717,053 $49,201,547 $49,690,887 Use of Fund Balance $3,520,925 - - - $1,833,286 LI $1,644,60- Total Revenue $50,813,086 $47,762,407 $48,237,355 $48,717,053 $51,034,833 $51,335,491 Expenditure $50,813,086 $47,762,407 $48,237,355 $48,717,053 $51,034,833 $51,335,491 Surplus/Deficit - - - - - - Budget and Management Services! November 16, 2021! Five-Year Forecast 47 817 jseoaJoA Jea,A-an1J ILZOZ `91, iagwanoN Isaoiruas 1uawa6euew pue ja6pn8 - - - - - paita0/snIdans 999 17I.L`9i7$ 698`Z90`5i7$ 06t�`£1.8'£t7$ L9£`1717£'£9$ 0 L.�'08V`017$ 60ti'6Lt`OV$ aJntipuadx� 88S`PIL`9ti$ 698`Z90`SD$ 06ti`E48`Et�$ L9E`PPE`ES$ 0I.6`08P`Oti$ 1,0ti`6Lb`Ot$ anuanaj Ie;ol 6LL`8EE$ [ i. '96c'I4s 66Z`6ZE`E$ eoueie8 punt Jo °sr) 885'j76L`9j$ 699'Z90`5j7$ I-LL`17L1'£17$ 6178`Lb6'1.i7$ 066`08t7`0P$ Z0L.`856`LC$ anuanaH 1 LZOZ A 9ZOZ AA SZOZ Ad t'ZOZ Ad EZOZ Ad ZZOZ Ad an sa �.! puadx3 pue sanuanaH WeJBoad luawlsanuI Wsianol Future Potential Impacts on Baseline Forecast • Minimum Wage Increases • Market Salary and Total Compensation Survey • Impacts of COVID-19 Budget and Management Services] November 16, 20211 Five-Year Forecast Virginia Beach City Public Schools Five -Year Forecast Crystal Pate, Chief Financial Officer KeyBudget - Revenue FY 2023 FY 202A FY 2n25 FY 209' FY 2077 Revenue Sharing Formula +6.1% +3.0% +3.0% +3.0% +2.8% Other Local Revenue +$50,000 +$50,000 +$50,000 +$50,000 +$50,000 State Revenue +2.5% +2.5% +2.75% +2.75% +3.0% State Shared Sales Tax +2.5% +2.5% +2.75% +2.75% +3.0% Federal Revenue ($700,000) - - - - School Reserve Special Revenue Fund ($667,182) ($333,591) ($333,591) - - 11111106 VBCPS I November 16, 20211 Five-Year Forecast 51 Key Budget Assumptions - Expenditures • Personnel and Fringe Benefits • Salary increase of 3.0% for each year of the forecast period • Additional personnel expenditures have been included to address future staffing and workforce challenges • The current VRS rate of 16.62% is expected to decrease to 14.76% for the next biennium • 1 .0% increase is projected for the remaining biennia • Employer health insurance rates are projected to rise by 3.0% each year of the forecast VBCPS I November 16, 20211 Five-Year Forecast 52 Key Budget Assumptions - Expenditures • Nnn-Persnnnl • All non-personnel budget line items impacted by inflation are expected to increase by 2.3% each year of the forecast • Restoration of 2.0% reduction to non-personnel line items • PAYGO funding into the Capital Improvement Program is projected to increase $1 million for FY 2022-23 and $500,000 each year of the forecast period VBCPS I November 16, 20211 Five-Year Forecast 53 VBCPS Baseline Forecast $1,035 $1,032.80 $1,015 $998.40 $1,017.77 $995 $975 $972.74 $989.77 O J $955 $939.41 $962.58 $935 $915 $911 48 $935.86 $895 $911.30 $875 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 Adopted Forecast Forecast Forecast Forecast Forecast Revenue Expenditures FY 2023 FY 2024 FY 2026 FY 2027 Baseline Forecast ($180,061) ($3,553,237) ($10,161,10) ($8,634,098) ($15,037,299) VBCPS I November 16, 20211 Five-Year Forecast 54 Risks to the Five-Year Forecast • Employee Compensation and Workforce Challenges • Employee Benefits • Enrollment and Student Learning Needs • State Budget • Programmatic Priorities and Major Initiatives • State and Federal Mandates VBCPS I November 16, 20211 Five-Year Forecast 55 Questions ? 56 3 vt. 5) Ikt 194, 9ts 4"4D44 1'a a.11 Oc OUR Krao'-d VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 16, 2021 Mayor Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City Hall, on Tuesday, November 16, 2021, at 3:15 P.M Council Members Present: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R.Jones, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi—Out of town—family obligation Aaron Rouse—Arrived at 3:50 P.M. November 16, 2021 4 CITY MANAGER'S BRIEFINGS FY2021-22 INTERIM FINANCIAL UPDATE ITEM#72207 2:30 P.M. This briefing has been postponed to November 23, 2021. November 16, 2021 5 CITY MANAGER'S BRIEFINGS DISPARITY STUDY UPDATE(SWaM) ITEM#72208 3:15 P.M. Mayor Dyer welcomed Lavera Tolentino, Finance. Ms. Tolentino expressed her appreciation to City Council for their continued support: FISCAL YEAR 2020 ANNUAL REPORT _ AWARDS AND EXPENDITURES TO MINORITY, SERVICE-DISABLEDNETERAN-OWNED BUSINESSES NOVEMBER 16,2021 - CITY COUNCIL MEETING LETITIA SHELTON, DIRECTOR OF FINANCE The next three(3) charts provide an overview of FY20 M/WBE Award& Spend totals: FY20 Overall M/WBE Award & Spend TOTAL AWARDS' TOTAL SPEND` $245,322,661 $372,940,486 Minority-owned $14,938,491 $24,501,339 Woman-owned $25,563,418 $27,077,537 Total MIWBE $40,501,909 $51,578,876 Majority-owned $204,820,752 $321,351,610 PERCENTAGE OF AWARD PERCENTAGE OF SPEND DOLLARS BY BUSINESS TYPE BY o ftINESS TYPE 104% 88% 1%e 83.E *IP% Majorityatwnud Majonty owned ,,,..,,„ ,w.,. me•c..dmxwoE.e.r....^.reo,a 2 I a^.ce November 18 2021 A4WBE AwudctExpendiluree November 16, 2021 6 CITY MANAGER'S BRIEFINGS DISPARITY STUDY UPDATE(SWaM) ITEM#72208 (Continued) FY20 M/WBE Award and Spend Amounts, by Contract Type WBE [ M/WBE M/WBE ND AWARDS `. AWARDS SPEND TOTAL DOLLARS 38,491 $24,501,339 $25,563,418 $27 $40,501,909 $51,578,876 Goods 8 Services 985,402 $4,456,581 $9,683,552 $11,524,• $11,668,954 $15,981,493 Professional Services 366,282 $10,313,268 $452,996 $712,- $5,819,278 $11,025,385 Architecture& 23,172 $4,089,429 $7,594,923 $3,072, $8,518,095 $7,161,793 Engineering Construction ,663,635 $5,642,061 $7,831,947 $11,768, $14,495,582 $17,410.205 'M/W BE OVERALL AWARD DOLLARS `M/W BE OVERALL SPEND DOLLARS $40,501,909 $51.578.876 Finance November 16,2021 MPNBE Awards/Expenditures 3 FY20 M/WBE Award and Spend Amounts, by Contract Type and Percentage ,:E MBE WBE WBE i' M/WBE M/WBE ARDS SPEND AWARDS SPEN►' AWARDS SPEND TOTAL PERCENTAGEsai 6.6% 10.4% 7.3% 16.5% 13.9% Goods 8Services .0% 5.9% 14.4% 15.2% 17.4% 21,1% Professional Services 17.8% 1.7% 1.3%... 22.1% 19.1% Architecture& ill 10.5% 23.0% 7.9% 25.8% 18.4% Engineenng Construction .6% 2.8% 6.6% 5.9% 12.2% 8.7% `M/WBE OVERALL AWARD DOLLARS `M/WBE OVERALL SPEND DOLLARS $40,501,909 $51,578,876 Finance November 16,2021 M/WBE Awards/Expenditures jIIIIIIIIIIIIII 4 November 16, 2021 7 CITY MANAGER'S BRIEFINGS DISPARITY STUDY UPDATE(SWaM) ITEM#72208 (Continued) Here are the FY20 Award Amounts, by Race/Ethnicity and Gender: FY20 Award Amounts, by Race/Ethnicity and Gender AWARDS TO MIWBEs M/WBEs received over$40M in City contracting BY RACE/ETHNICITY AND GENDER awards in FY20 M/WBE DOLLARS BY RACE/ETHNICITY AND GENDER Black Amencan $3,314,425 8.2% Hispanic American $1,354,750 3.3% Native American $- 0.0% Asian Amencan $6,983,018 17.3 Other Minonty $3,286,298 8.1% Black American •Hispanic American Non Hispanic White Woman $25563 % 418 63.1 .Native Amencan .Asian American TOTAL TO MIWBEs $40,501,909 Unknown Mmonty •Non-Hispanic White Woman FY]dnumd.er,Wyonw.n oMW8E e.a,O WvuwtModomr,rc,.d wno,. nvreeutrnnoe: Finance November 16.2021 M%W BE Awards.Expendaures 5 Here are the FY20 Spend Amounts, by Race/Ethnicity and Gender: FY20 Spend Amounts, by Race/Ethnicity and Gender `PAYMENTS TO M/WBEs BY M/WBEs received over$51M in City contracting RACE/ETHNICITY AND GENDER payments In FY20) . M/WBE DOLLARS BY RACE/ETHNICITY AND GENDER Black Amencan $6.184,316 12.0% Hispanic Amencan $1,595,592 3.1% Native American $- 0.0% Asian American $10.589,392 20.5% Other Minority $6.132.039 1 1.9% Non-Hispanic White Woman $27 077,537 52.5% El,I,Amertaan TOTAL TO M/WBEs 551.578,876 H':P anrc Arne n..an •Nalr ve Amencan •swan Ame 9 Fvp numMre li4,und•counl p,m•,ubAm'aEs E•uuee d+y do na mcr„Ue.wnpenenxeet Finance November 16.2021 M/WBEAwards/EapendAur,S.,- 6 November 16, 2021 8 CITY MANAGER'S BRIEFINGS DISPARITY STUDY UPDATE(SWaM) ITEM#72208 (Continued) Here are the Award and Spend Amounts, by Year: Award and Spend Amounts, by Year '2-Year M/WBE Award and Spend M/W8E AWARD DOLLARS BY YEAR 18.00% :36 . 1600% FY19 $57,591,766 11.6 0 1a 00% ___ FY20 $40,501,909 16.5% .9%5 12D0% 11.6% 1o00x M/WBE SPEND DOLLARS BY YEAR 9.5% 800% FY19 $48,894,458 9.5`C 600% FY20 $51,578,876 13.9 400% 200% Y,, FY19 FY20 +Awards -.-Payments 'FV fpeM hal wmp�e.MY wUem.,M Mw b!e.Mac ma spew pow rtiY ao na eK1Yae oYnPM�..• Finance November 16.2021 MAYBE Awards/Expenditures 1111111.1141111111111............ Here are the Service-disabled/Veteran-owned Firms Award and Payment Amounts: Service-disabled/Veteran-owned Firms Award and Payment Amounts *FY20 AWARDS AND PAYMENTS TO SERVICE-DISABLED/VETERAN FIRMS AWARDS PAYMENTS Goods&Services $341,146 0.4% $661.191 0.9% Professional Services $542.424 2.1% $631,070 1.1% Architecture&Engineering $2.000 0.0% $2,000 0.0% Construction $490,197 0.5% $M .317,5 0.0% TOTAL 51,375,767 0.6% 51,311,336 0.4% SDVBEs received $1 3M in City contracting awards and payments in FY20 Finance November 16.2021 MIW6EAwards/Eolenddures alillai 8 Mayor Dyer expressed his appreciation to Ms. Tolentino for the presentation. November 16, 2021 9 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#72209 3:34P.M. Council Member Wooten advised she distributed two(2)Resolutions last week but did not have the chance to discuss them. The first Resolution to Declare November 15—December 15, 2021 as Buy Local Month is on the Agenda for tonight and the Resolution Designating Birdneck Road in Memory of E. George Minns will be considered in December. Council Member Wooten advised the proposed Resolution honors Mr. Minns as a civil rights leader who served as the President of the Seatack Civic League. Council Member Wooten advised the proposed Resolution not only honors Mr. Minns but is also intended to lift up and celebrate the Seatack Community who revered Mr.Minns. Council Member Tower advised he wanted to address the Resolution proposed by Council Member Wooten to honor George Minns. Council Member Tower advised he is happy any time something can be done for the people in his district and believes that is Council Member Wooten's intent but expressed concern that some members within the Seatack Community do not support the Resolution and he will be having further discussions with the Community to have a better understanding of their wishes. Council Member Wooten advised after she spoke with Council Member Tower a year ago, she spoke with the President of the Seatack Civic League who voted on supporting the Resolution however, she welcomes any dialogue from Council Member Tower. Council Member Jones asked City Attorney Stiles if the Planning Director has the authority to name streets. City Attorney Stiles advised that is for the naming of streets, this Resolution does not rename a street but is an honorary sign to be placed at certain intersections and is similar to Dr. Martin Luther Kings street signs on Virginia Beach Boulevard. November 16, 2021 10 CITY COUNCIL COMMENTS ITEM#72210 3:40 P.M. Council Member Wooten advised the Disparity Forum will be held on November 18, 2021, at 6:30 P. M. at The HIVE. November 16, 2021 11 CITY COUNCIL COMMENTS ITEM#72211 (Continued) Council Member Moss advised a Public Hearing is scheduled on December 7th and voting on December 14`h for the piece of property for sale on Bonney Road and requested having both scheduled on December 7`h to allow the sale to close in a more timely manner. Council Member Moss invited anyone else interested in sponsoring the item to let him know. Mayor Dyer advised he would like to be included as a sponsor. November 16, 2021 12 CITY COUNCIL COMMENTS ITEM#72212 (Continued) Council Member Moss advised the Virginia Beach Development Authority(VBDA)recent audit was similar to the unfavorable audit the Virginia Beach Community Development Corporation (VBCDC) had several years ago, suggesting the VBDA work with the City Auditor to provide a similar action plan and brief the Body on how they plan to remediate. Council Member Moss believes the public and the Body deserves this and will also be helpful to the VBDA going forward. November 16, 2021 13 CITY COUNCIL COMMENTS ITEM#72213 (Continued) Council Member Moss referenced a memo from the City Manager asking for guidance on how to proceed with the Reversion Fund request and believes the Body needs to have more information to determine what the Body wants to achieve with the one-time investment. Council Member Moss suggested discussing this in January. November 16, 2021 14 CITY COUNCIL COMMENTS ITEM#72214 (Continued) Council Member Moss advised the last item he would like to discuss is the "Christmas Bonus"for employees and would like to include a tax dividend for the general public. Council Member Henley advised the Body previously discussed the workforce bonus and views it as a retention bonus but would first like to discuss a couple of items on tonight's Agenda. November 16, 2021 15 CITY COUNCIL COMMENTS ITEM#72215 (Continued) Council Member Henley referred to Ordinances and Resolutions pertaining to funding for the Flood Mitigation Projects approved by the Referendum and asked for clarification on the projects. Council Member Henley advised many of the projects included in the Referendum had already began with funding allocated under the CIP and would like to understand the plan for managing both funding sources. City Manager Duhaney advised the Body will receive a thorough briefing in December to explain the twenty-one(21)projects, other CIP projects and funding requirements. Council Member Henley expressed she would like to have a complete understanding offundingfrom ARPA, the Flood Mitigation Bond and federal funding for infrastructure and how it will be managed within the City's budget. City Manager Duhaney advised the federal funding and other possible grants are all being monitored, and he will provide information to the Body as soon as he receives updates. Mr. Chatellier advised he is creating a one(1)page document to detail the multiple components related to Stormwater Management and will provide it to the Body. Council Member Henley advised that will be helpful as she is on the front lines trying to answer citizen's questions. Council Member Henley added, it will also be helpful to have the Citizen Oversight Board who will receive monthly updates and then provide the Body with bi-monthly presentations;however, that raises another question on who and how the members will be appointed to the Board? Council Member Henley advised the Resolution to establish the Board is on tonight's Agenda and has not been discussed. Mayor Dyer advised the Body has the obligation of appointing the best members possible and will be done through people the Body knows as well as those who submit Talent Bank Applications. Mayor Dyer suggested conducting interviews for this Board, adding it will be unique to the other Boards since members will require training. Council Member Henley advised she was referring to the Citizen Oversight Board but acknowledged there are Resolutions to establish two (2)different Boards on tonight's Agenda, with the other being the Citizen Review Board. Council Member Henley advised she supports the recommendations from the Citizens Review Panel Task Force(CRP TF) but expressed concern that the Body does not have a consensus on the role of the Board as there has been no discussion. Mayor Dyer apologized for confusing the two (2) Boards and requested the Body finish its discussion on the Bond Referendum first and then move on to other topics. Council Member Tower expressed he does not fully understand how the funding will be managed and supported Council Member Henley's request for more information. Vice Mayor Wilson advised some of the ARPA funding was allocated for Stormwater Projects which requires specific wages under the Davis-Bacon Act and asked if those calculations were included? November 16, 2021 16 CITY COUNCIL COMMENTS ITEM#72215 (Continued) Mr. Chatellier advised the Davis-Bacon Act does not apply to the ARPA funding however, within the guidelines, there are standard wage requirements for projects exceeding$10-Million. Council Member Jones asked what will happen to the funding in the CIP which will now be funded with the Bond? Mr. Chatellier advised the funding source for Stormwater CIP projects came from ERU revenue and with the ERUfrozen until 2028, the funding source is eliminated and replaced with funding from the Bond. November 16, 2021 17 CITY COUNCIL COMMENTS ITEM#72216 (Continued) Council Member Branch advised he has attended four(4)Formal Session Meetings so far and is concerned that meetings are side railed by an individual who has no regard for the time of other people in attendance or the Body and would like to explore updating the Speaker Policy to limit speakers to a number of items they can speak on. Council Member Branch advised if there is no objection, he will work with the City Attorney and present a proposal. Mayor Dyer asked the Body if there was any objection? Council Member Moss advised he is not opposed but expressed the changes cannot be based on a convenience for the Body since the Body works for the public. Council Member Moss suggested limiting the amount of time someone can speak on the consent agenda and provided the example of tonight's meeting with one speaker who has signed up for eighteen(18)items and limiting the speaker's time to six(6)minutes to speak regardless of the number of items. Council Member Tower advised Richmond has a policy on total time limits and believes there is a precedence. Council Member Tower advised he supports changing the Speaker Policy to improve it for all speakers who want to come and does not believe the intent for changing the policy has anything to do with making it convenient for the Body. Mayor Dyer advised the challenge he has is when a speaker does not stay on topic, but he does not want to limit them and risk violating the speaker's First Amendment right. Mayor Dyer believes it is worth looking into and seeing if the policy can be improved. November 16, 2021 k 2 z o eS o o co A 'a m• Z • M C4 o A cco 0 0 tl a A o n h co m m A co A Oq c'o g ° p' n A A r n a b c°o m b o < A '' Z.: b 2 co b b y A Zr. o y �` o c° ° �' o co M A c CAr• co co m A M % 0- '1 a A. cyo 0 c°o A A co O a 0. CO0 co m A•. A Wit"" O A `t o„ Gm) A QJ A o A A a O co or b t A CO -1 'I Co b A p CO b p -1 t Q p , a CO y c0 A A CO c0 A A A O A CO Ry t ° 'y q �' A • Cr "I C0c4 c0 M a CO sy ti A. Z O000 DI 0 O O A.. Z �A A N O CO O CO c0 h CO �p Co }y 0 A.. A M 'b A A- b O A ( r CO ti S t r �A co O co A A A Q. o co y• A. a n m ft ..1 0 A n Z., co o- A a CM) b O n A �' O co O A Q to A n L' Ii 4 c� " oO °° 0o o COo t' ° z a. A n c0 p Q co O- ti p . A A ' A . 'i <0 R `, O co O N• c0 p A- `� ;b m f0 . ° A c0 A ".. Oq h y. A.. p co,A c, ^T' O. A to a O Q A z "17 :b to. o cc cc OT 0 0Ap m two CO O co a a ti co "I co `� `' < Ar t0 A 5 o- c0 A A t0 b a O (�0 y O• A a Q7 N c0 �' c0 A .-. O co p O UC k A O r" t0' , .d n A O A c0 f0 y A.. rn` t0 OQ b A A A ti ° ° Ar C A A . co p co n ti (� Q �' A A A ti. O `� O O A ti A.. r% O tn O . N. 0- A O A It n A 0 A _ `�' A �', co o- no y • co tt A^ A 34 A O A p 00 A A �� c0 0 A A E. (• M � ti °A O a ty0 A O� a O ' O 0 Sy A A.. A ' Cr O oo c) n c0 c0 Q7 �' 4t h o0 �' 0. rn' 0 _ A.. p �. b co ... a �' �. z b cMo A pQ O- A A ti a N n A A A rn CO A or ct co b� O A t0 3 A I6.4 N., Q A„ f0 ccon p A `' O cp "I O- " n Ar rn a o c�0 ... t V cz0 A.. Q A ,r h c0 r, co ;-• r. O" O �. f0 A O Z. O O A_ co b A A co A A z- p �7 A0. m b . co A `') o �' A COo or ° ° A n o O- A co s y oR. co A A A ° a �0., z... c0 s A A O rn D co o a A A c-0 CS co ,. -, ? o A O O a CO, Ca A A tO F CO 0. b �7 N M A M �' rn A 0 A A ^� O M M A. A. A CO O' A A `t O ".• n g' r''' ps. 0 A. M ° A M n p h 0 on c0 'C 'b co Co to • O A, c0 O -" �. O on A 0 ." A A M ° FO" H e... A fp R r' - f0 f�0 CO� y `s a Q7 A c0 0' k oo rt - _ -s, A O h- C A A.. CO A CO p A S�'c°o o a y o' ' �• as A A o 0 0 ti , la. 't m a. • p A Ar �y-� f1 �7 O -. o Cro. A 3 A ckp co `fit CO A O A.. A CO O ,0 b ''' A,. M O b p a A A' ^ N a osz • n co co o -. A 0 o �' A G� co M co Qy A et' - O A n A. p A A Ar �. '� A z O A CO A A ti Z c0 M c0 y A ` O' Cr O cr t— �. ` n N OQ -t a- `t A O. r, A- cn' A., xl m a m to O co t0 CO A. CO A.. `t 19 AGENDA REVIEW SESSION ITEM#72218 4:34 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$567,500,000 re Twenty-One Flood Mitigation Projects Approved by Referendum 2. Ordinance to APPROPRIATE$567,492,850for Comprehensive Flood Mitigation Projects 3. Ordinance to AMEND Section 32.5 of the City Code to Freeze the Equivalent Residential Unit (ERU)fee until 2028 4. Resolution to ESTABLISH a financial plan for the $567,500,000 of General Obligation Bonds Approved by Referendum for Comprehensive Flood Mitigation 5. Resolution to ESTABLISH a Citizen Oversight Board for Bonds Approved for Flood Mitigation 6. Resolution REGARDING the Acquisition Strategy for Projects Approved by Bond Referendum 7. Ordinance to AMEND the City Code by adding Article IV to Chapter 27 re establish an Independent Citizen Review Board and to DIRECT actions in furtherance thereof(Requested by the City Council) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension to Land ofPromise Farms Partnership for one (1)year for City-Owned farm land located on Indian River Road and North Landing Road 9. Resolution to DECLARE November 15—December 15, 2021, as Buy Local Month (Requested by Council Member Wooten) 10. Resolution to APPROVE the Execution of the First Amendment to the Dome Site Development Agreement and ESTABLISH Capital Project #100606, `Atlantic Park Offsite Infrastructure", and APPROPRIATE$17,729,147 from General Fund Balance re offsite infrastructure 11. Resolution to APPROVE the City's Participation in the proposed settlement of Opioid-Related Claims November 16, 2021 19 AGENDA REVIEW SESSION ITEM#72218 4:34 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$567,500,000 re Twenty-One Flood Mitigation Projects Approved by Referendum 2. Ordinance to APPROPRIATE$567,492,850 for Comprehensive Flood Mitigation Projects 3. Ordinance to AMEND Section 32.5 of the City Code to Freeze the Equivalent Residential Unit (ERU)fee until 2028 4. Resolution to ESTABLISH a financial plan for the $567,500,000 of General Obligation Bonds Approved by Referendum for Comprehensive Flood Mitigation 5. Resolution to ESTABLISH a Citizen Oversight Board for Bonds Approved for Flood Mitigation 6. Resolution REGARDING the Acquisition Strategy for Projects Approved by Bond Referendum 7. Ordinance to AMEND the City Code by adding Article IV to Chapter 27 re establish an Independent Citizen Review Board and to DIRECT actions in furtherance thereof(Requested by the City Council) 8. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension to Land of Promise Farms Partnership for one (1)year for City-Owned farm land located on Indian River Road and North Landing Road 9. Resolution to DECLARE November 15—December 15, 2021, as Buy Local Month (Requested by Council Member Wooten) 10. Resolution to APPROVE the Execution of the First Amendment to the Dome Site Development Agreement and ESTABLISH Capital Project #100606, `Atlantic Park Offsite Infrastructure", and APPROPRIATE$17,729,147 from General Fund Balance re offsite infrastructure 11. Resolution to APPROVE the City's Participation in the proposed settlement of Opioid-Related Claims November 16, 2021 20 AGENDA REVIEW SESSION ITEM#72218 (Continued) 12. Ordinance to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of Dome Site property at: a. Portion of the South Side of 20`h Street between Pacific&Arctic Avenues b. Portion of the South Side of 20`h Street between Arctic&Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19th&20`h Streets d. 19`h Street between Pacific&Arctic Avenues e. All alleys within the block surrounded by Arctic&Baltic Avenues and 19`h& 20th Streets 13. Ordinance to APPROPRIATE $4,090 to the FY2021-22 Emergency Medical Services (EMS) Operating Budget re reimburse auction proceeds to the Sandbridge Volunteer Rescue Squad, Inc. 14. Ordinance to ACCEPT and APPROPRIATE $1.5- Million from the Virginia Department of Transportation (VDOT) State of Good Repair/Primary Extension Program to Capital Project #100401 "Street Reconstruction"re road paving projects 15. Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA)to the FY2021-22 Fire Department Operating Budget for the mobilization and cost related for Virginia Task Force 2 Urban Search and Rescue Team: a. $47,918 re protective apparel b. $64,788.15 re Tropical Cyclone Henri c. $814,071.20 re Tropical Cyclone Ida 16. Ordinance to APPROPRIATE$54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds re further community support and assistance J. ORDINANCES/RESOLUTIONS: ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEMS#10 AND#12a/b/c/d/e ITEM#16 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER BRANCH WILL ABSTAIN ON ITEM#16 COUNCIL MEMBER HOLCOMB FILED A DISCLOSURE ON ITEM#16 November 16, 2021 22 ITEM#72219 (Continued) Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:45 P.M. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi Closed Session 4:45 P.M. — 5:55 P.M. November 16, 2021 23 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 16, 2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 16, 2021, at 6:03 P.M. Council Members Present: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi—Out of town—family obligation INVOCATION: Reverend David Kays Pastor, Virginia Beach Christian Church (Disciples of Christ) 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 34th 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. November 16, 2021 24 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. November 16, 2021 25 ITEM— VILE CERTIFICATION ITEM#72220 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,Louis R.Jones,John D.Moss, Aaron R.Rouse Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 co b• �' A A co A 0 0 O . A IA (0 it\ (0• - z (.t;, = co A A O+ �. c) NJ O ~ • n A `" to ti C h7 A tt7 till • A - 4. A y f0 4t b y 11i co Z M ;i G) 41 rt ram., A o Ati n CQ+ A n A N O O ti O 4'+ 1,[�\J' 1?15 C O 4. i' `' b y n R. r',a ,l o+ A do n n , o 1� N r co ct Q c. n h _'4. A f▪ ro y 0 'c y" • may qm o b l n ^ , min .z_ 111111414 n A `�S A A co p n n O �' cz) A Qy A `t N h ti CIII ° CZ O A. A n n �. A o Z.A orco ▪ A ON..) r0 O ccoo O A. '�. A„ A A 't A. c0 26 ITEM— VII.F MINUTES ITEM#72221 Upon motion by Council Member Moss, seconded by Council Member Wooten, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 9,2021 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,Louis R.Jones,John D.Moss, Aaron R.Rouse Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 27 ITEM— VII.G MAYOR'S PRESENTATION ITEM#72222 RESOLUTION IN RECOGNITION OF THE PARKS AND RECREATION GOLD MEDAL FINALIST AWARD Mayor Dyer welcomed Darrell Crittendon, Norfolk P&R Director and Member of the American Academy for Park and Recreation Administration (AAPRA). Mr. Crittendon expressed his appreciation to City Council and presented Michael Kirschman, Director — Parks and Recreation, with the Parks and Recreation Gold Medal Finalist Award. Mr. Crittendon advised the inception of the Gold Medal Award began in 1965 and is the most prestigious award in Parks and Recreation. Virginia Beach truly represents the best of the best, demonstrating significant success with the design and delivery of superior services to the community. Mr. Crittendon advised Virginia Beach Parks and Recreation is now the upper echelon of over 8,000 Parks and Recreation Agencies across the nation. Mr. Crittendon advised agencies who have applied between eight(8)and ten (10) times have not won the award and is a reflection of the outstanding job Mr. Kirschman is doing as this is the first time the City has applied. Mayor Dyer expressed his appreciation to Mr. Crittendon and advised this is another sterling example of what makes the City considered as one of the most livable cities in the nation. November 16, 2021 28 ITEM— VILH.1 PUBLIC HEARINGS ITEM#72223 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 186+/-acres of City-Owned farm land on Indian River Road and North Landing Road to Land of Promise Farms Partnership The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 16, 2021 29 ITEM— VII.H.2 PUBLIC HEARINGS ITEM#72224 Mayor Dyer DECLARED a PUBLIC HEARING: Appropriation of$567,492,850 for Flood Mitigation Projects Authorized by Referendum The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5885, recommended City Council adopt a tree replacement ordinance as another flood mitigation strategy There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 16, 2021 30 ITEM— VL1 FORMAL SESSION AGENDA ITEM#72225 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three(3)minutes on each item they registered to speak. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolutions J: 1, 2, 3, 4, 5, 6, 8, 9, 11, 12a/b/c/d/e, 13, 14 and 15a/b/c Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items J:1, 2,3, 4, 5, 6, 8, 9, 11, 12a/b/c/d/e, 13, 14 and 1 Sa/b/c Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi J. ORDINANCES/RESOLUTIONS: ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEMS#10 AND#12a/b/c/d/e ITEM#16 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER BRANCH WILL ABSTAIN ON ITEM#16 COUNCIL MEMBER HOLCOMB FILED A DISCLOSURE ON ITEM#16 November 16, 2021 31 ITEM— VII.J.1 ORDINANCES/RESOLUTIONS ITEM#72226 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $567,500,000 re Twenty-One Flood Mitigation Projects Approved by Referendum Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE 4 MAXIMUM AMOUNT OF $567,500,000 FOR TWENTY-ONE 5 FLOOD MITIGATION PROJECTS APPROVED BY 6 REFERENDUM 7 8 WHEREAS, the City Council requested the circuit court order a bond referendum 9 to seek the approval of the qualified voters for an authorization of$567,500,000 of general 10 obligation bonds for twenty-one projects for a comprehensive flood mitigation program; 11 12 WHEREAS, the residents have answered the bond referendum in the affirmative; 13 14 WHEREAS, in accordance with subsection B of § 15.2-2606, no public notice or 15 hearing is required for general obligation bonds that have been approved by a majority of 16 the voters of the City; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. It is hereby determined to be necessary and expedient for the City to construct and 22 improve various public facilities and make general improvements, all of which will promote 23 the public welfare of the City and its inhabitants and will facilitate the orderly growth, 24 development, and general welfare of the City, and to finance the costs thereof through 25 borrowing of up to $567,500,000 and issuing the City's general obligation bonds 26 therefore. Such public facilities and improvements relate to twenty-one flood mitigation 27 projects (the "Projects") set forth in the referendum question, which are: Chubb Lake / 28 Lake Bradford Outfall, Church Point/Thoroughgood Drainage Improvements, Central 29 Resort District - 24th Street Culvert, Central Resort District Drainage Improvements, 30 Eastern Shore Drive - Elevate Lynnhaven Drive, Eastern Shore Drive - Phase I, Section 31 1 F Improvements, Eastern Shore Drive - Phase I, Section 1G Improvements, Eastern 32 Shore Drive - Poinciana Pump Station, First Colonial Road & Oceana Boulevard Drainage 33 Improvements, Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North 34 London Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road 35 Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack 36 Neighborhood Drainage Improvements, Stormwater Green Infrastructure, The Lakes - 37 Flood Barriers, The Lakes - Holland Road Gate, West Neck Creek Bridge Replacement, 38 Windsor Woods - Thalia Creek/Lake Trashmore Improvements, Windsor Woods Flood 39 Barriers, and Windsor Woods Pump Station. 40 41 2. Pursuant to the City Charter and the Virginia Public Finance Act, there are hereby 42 authorized to be issued general obligation bonds in an amount not to exceed 43 $567,500,000. The bonds may be issued as a separate issue or combined with bonds 44 authorized for other purposes and sold as part of a combined issue of public improvement 45 bonds. 46 47 3. The bonds shall bear such date or dates, mature at such time or times not 48 exceeding 20 years from their dates, bear interest, be in such denominations and form, 49 be executed in such manner and be sold at such time or times and in such manner as 50 the City Council may hereafter provide by appropriate resolution or resolutions 51 52 4. The bonds shall be general obligations of the City for the payment of the principal, 53 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 54 55 5. The City Clerk is directed to make a copy of this ordinance continuously available 56 for inspection by the general public during normal business hours at the City Clerk's office 57 from the date of adoption hereof through the date of the issuance of the bonds authorized 58 herein. 59 60 6. The City Clerk, in collaboration with the City Attorney, is authorized and directed 61 to immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of 62 the City of Virginia Beach. 63 64 7 To accommodate the anticipated ten-year project delivery plan of the Projects, the 65 City Attorney is hereby directed to seek a ten-year period for the issuance of the bonds 66 authorized herein in lieu of the eight-year limitation provided by Virginia Code § 15.2- 67 2611. 68 69 8. This ordinance shall be in full force and effective from its passage. Requires an affirmative vote of two-thirds of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16_th day of_N_ovember , 2021. APPROVED AS TO LEGAL SUFFICIENCY: - C' orney s Office CA15557 R-1 November 4, 2021 32 ITEM— VII.J.2 ORDINANCES/RESOLUTIONS ITEM#72227 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$567,492,850 for Comprehensive Flood Mitigation Projects Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent.• Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE TO APPROPRIATE $567,492,850 FOR 2 COMPREHENSIVE FLOOD PROTECTION PROJECTS 3 4 WHEREAS, on July 13, 2021 , City Council approved a resolution that requested 5 that a referendum, in an amount up to $567,500,000, be placed on the November 2021 6 General Election ballot to accelerate flood protection projects within the City; 7 8 WHEREAS, on November 2, 2021, the residents approved the referendum; 9 10 WHEREAS, a public hearing was advertised in the November 8, 2021 , Virginian- 11 Pilot and such public hearing was held at the November 16, 2021 City Council Formal 12 Session; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1 . A new section, known as the Stormwater Flood Protection Section, is hereby 18 established within the FY 2021-22 Capital Improvement Program. All existing 19 capital projects currently included in the Stormwater Section of the FY 2021-22 20 Capital Improvement Program that are referenced herein this ordinance shall be 21 moved from the Stormwater Section of the FY 2021-22 Capital Improvement 22 Program to the new Stormwater Flood Protection Section. The City Manager, or 23 his designee is hereby authorized to transfer funding between projects included 24 within the same project grouping, as identified on their approved CIP detail sheets. 25 These transfers will be reported monthly to the Citizen Oversight Board. 26 27 2. A new fund is hereby established in the City's financial system entitled, "Flood 28 Protection Referendum CIP Fund." 29 30 3. $567,492,850 is hereby appropriated to the Stormwater Flood Protection Section 31 of the FY 2021-22 Capital Improvement Program, with General Obligation bond 32 revenue increased accordingly. 33 34 4. A new capital project (#100595, "Chubb Lake/ Lake Bradford Outfall" is hereby 35 authorized within the FY 2021-22 Capital Improvement Program. 36 37 5. $78,200,000 is hereby appropriated to Capital Project #100595 within the 38 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 39 Program. 40 41 6. A new capital project (#100596, "Church Point/Thoroughgood BMP & Conveyance 42 Improvements") is hereby authorized within the FY 2021-22 Capital Improvement 43 Program. 44 45 7. $35,900,000 is hereby appropriated to Capital Project #100596 within the 46 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 47 Program. 48 49 9. $1 ,560,000 is hereby appropriated to Capital Project # 100597 within the 50 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 51 Program. 52 53 10. A new capital project (#100598, "Eastern Shore Drive 1 G Improvements" is 54 hereby authorized within the FY 2021-22 Capital Improvement Program. 55 56 11 . $940,000 is hereby appropriated to Capital Project#100598 within the Stormwater 57 Flood Protection Section of the FY 2021-22 Capital Improvement Program. 58 59 12. A new capital project (#100599, "Eastern Shore Drive - Poinciana Pump Station") 60 is hereby authorized within the FY 2021-22 Capital Improvement Program. 61 62 13. $8,200,000 is hereby appropriated to Capital Project #100599 within the 63 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 64 Program. 65 66 14. A new capital project (#100600, "Seatack Neighborhood Drainage Improvements") 67 is hereby authorized within the FY 2021-22 Capital Improvement Program. 68 69 15. $2,325,000 is hereby appropriated to Capital Project #100600 within the 70 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 71 Program. 72 73 16. A new capital project (#100601 , "First Colonial Road and Oceana Boulevard 74 Drainage Improvements") is hereby authorized within the FY 2021-22 Capital 75 Improvement Program. 76 77 17. $2,400,000 is hereby appropriated to Capital Project #100601 within the 78 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 79 Program. 80 81 18. A new capital project (#100602, "West Neck Creek Bridge City-Wide Sea Level 82 Rise Strategy") is hereby authorized within the FY 2021-22 Capital Improvement 83 Program. 84 85 19. $69,000,000 is hereby appropriated to Capital Project #100602 within the 86 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 87 Program. 88 89 20. A new capital project (#100603, "Sandbridge/New Bridge Intersection 90 Improvements") is hereby authorized within the FY 2021-22 Capital Improvement 91 Program. 92 93 21. $7,990,000 is hereby appropriated to Capital Project #100603 within the 94 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 95 Program. 96 97 22. A new capital project (#100604, "The Lakes - Flood Barriers") is hereby authorized 98 within the FY 2021-22 Capital Improvement Program. 99 100 23. $3,600,000 is hereby appropriated to Capital Project #100604 within the 101 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 102 Program 103 104 24. A new capital project (#100605, "Windsor Woods - Flood Barriers") is hereby 105 authorized within the FY 2021-22 Capital Improvement Program. 106 107 25. $14,000,000 is hereby appropriated to Capital Project #100605 within the 108 Stormwater Flood Protection Section of the FY 2021-22 Capital Improvement 109 Program. 110 111 26. $5,100,000 is hereby appropriated to Capital Project #100061 "Central Resort 112 District - 24th Street Culvert." 113 114 27. $92,000,000 is hereby appropriated to Capital Project #100275 "Central Resort 115 District Drainage Improvements". 116 117 28. $3,600,000 is hereby appropriated to Capital Project #100538 "Eastern Shore 118 Drive - Elevate Lynnhaven Drive." 119 120 29. $39,925,000 is hereby appropriated to Capital Project #100551 "Stormwater 121 Green Infrastructure." 122 123 30. $11,500,000 is hereby appropriated to Capital Project #100548 "Pungo Ferry 124 Road Improvements." 125 126 31. $76,895,850 is hereby appropriated to Capital Project #100516 "Princess Anne 127 Plaza Golf Course Conversion." 128 129 32. $60,900,000 is hereby appropriated to Capital Project #100518 "Princess Anne 130 Plaza North London Bridge Creek Pump Station." 131 132 33. $8,507,000 is hereby appropriated to Capital Project#100418 "The Lakes-Holland 133 Road Gate." 134 135 34. $39,750,000 is hereby appropriated to Capital Project #100487 "Windsor Woods 136 Pump Station." 137 138 35. $5,200,000 is hereby appropriated to Capital Project #100553 "Windsor Woods 139 Thalia Creek/Lake Trashmore Improvements." Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 th day of November , 2021 . Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APP AS TO EGAL SUFFICIENCY: 72‘..„.../....:friftnelpfri VIP Budget and Management Services City a ice CA15583 R-1 November 4, 2021 33 ITEM— VILJ.3 ORDINANCES/RESOLUTIONS ITEM#72228 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 32.5 of the City Code to Freeze the Equivalent Residential Unit (ERU)fee until 2028 Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE TO AMEND § 32.5-2 OF THE CITY CODE 2 TO FREEZE THE EQUIVALENT RESIDENTIAL UNIT (ERU) 3 FEE UNTIL 2028 4 5 SECTION AMENDED: CITY CODE § 32.5-2 6 7 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 8 certain actions be taken in the event the residents of the City authorized the issuance of 9 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 10 11 WHEREAS, the residents have answered the bond referendum in the affirmative; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 Section 32.5-2 of the Code of the City of Virginia Beach, Virginia, is hereby 17 amended and reordained to read as follows: 18 19 Sec. 32.5-2. Definitions. 20 21 (a) Equivalent residential unit or ERU means the equivalent impervious area of a 22 single-family residential developed property per dwelling unit located within the city 23 based on the statistical average horizontal impervious area of a single-family 24 residence in the city. An equivalent residential unit (ERU) equals two thousand 25 two hundred sixty-nine (2,269) square fee of impervious surface area. 26 (b) ERU rate means the utility fee charged on an equivalent residential unit, which 27 shall be forty-nine and three-tenth cents ($0.493) per day, effective July 1, 2019, 28 fifty-two and eight-tenths cents ($0.528) per day, effective July 1, 2022 2028, fifty- 29 six and three tenth cents ($0.563) per day, effective July 1, 2023 2029, fifty-nine 30 and eight tenth cents ($0.598) per day, effective July 1, 24924 2030, sixty-three and 31 three tenth cents ($0.633) per day, effective July 1, 2025 2031, and sixty-six and 32 eight tenth cents ($0.668), effective July 1, 202-6 2032. 33 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th_ day of November , 2021. APPROVED AS TO LEGAL SUFFICIENCY _City or y's Office CA15546 R-1 November 4. 2021 34 ITEM— VII.J.4 ORDINANCES/RESOLUTIONS ITEM#72229 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to ESTABLISH a financial plan for the$567,500,000 of General Obligation Bonds Approved by Referendum for Comprehensive Flood Mitigation Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 A RESOLUTION TO ESTABLISH A FINANCIAL PLAN FOR 2 THE $567,500,000 OF GENERAL OBLIGATION BONDS 3 APPROVED BY RFFFRENDUM FOR COMPREHENSIVE 4 FLOOD MITIGATION 5 6 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 7 certain actions be taken in the event the residents of the City authorized the issuance of 8 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 9 10 WHEREAS, the residents have answered the bond referendum in the affirmative; 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA, THAT: 14 15 The City Council hereby directs the City Manager to establish a comprehensive 16 financial plan to pay for the authorized $567,500,000 of general obligation debt, which will 17 include the following: 18 19 a The authorized debt to be repaid by a real estate tax increase of 4.3 cents for 20 twenty-year debt based on an average annual increase of three percent in the 21 City's taxable real estate based on the 1 July 2021 land book. No separate 22 approval shall be required to place a public notice prior to recommending this 23 real estate tax increase. The 4.3 cents increase of the real estate tax rate shall 24 commence in FY 2022-23 and, subject to adoption in the FY 2022-23 real 25 estate levy ordinance, be effective July 1, 2022. 26 b. The financial plan shall create a single appropriation unit into which all bond 27 proceeds are deposited and a single appropriation unit into which all revenue 28 derived from the increase in real estate taxes is deposited. Such fund shall 29 provide all deposit and withdrawal information with sufficient granularity for 30 oversight by the City Council and the Citizen Oversight Board_ 31 c In furtherance of the long-term flood mitigation needs of the City, the general 32 obligation bonding capacity created by the retirement of the debt authorized by 33 the November 2021 referendum shall be reserved exclusively for the issuance 34 of bonds to finance Phase 2 of the City's flood mitigation program and 35 subsequent sea level rise projects. Adopted by the Council of the City of Virginia Beach, Virginia, on thel6th day of November , 2021. APPR VED AS TO LEGAL SUFFICIENCY. COIF s O ice CA15556 R-1 November 4, 2021 35 ITEM— VII.J.5 ORDINANCES/RESOLUTIONS ITEM#72230 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH a Citizen Oversight Board for Bonds Approved for Flood Mitigation Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 A RESOLUTION TO ESTABLISH A CITIZEN OVERSIGHT 2 BOARD FOR BONDS APPROVED FOR FLOOD 3 MITIGATION 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents have answered the bond referendum in the affirmative; 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Council hereby establishes a Citizen Oversight Board composed of seven 15 members appointed by the City Council. The Board shall have access to all financial, 16 contract documents, acceptance and deliverable testing and certifications 17 documentation, and shall receive a monthly briefing from the City Manager's designee. 18 the Flood Mitigation Program's quality assurance officer, and the Contractor's program 19 manager and quality assurance officer. After appointment of the seven members, the 20 Board shall give a public briefing to the City Council every two months on the twenty-one 21 named projects in the bond referendum question and the elimination of the backlog in the 22 maintenance of the City's legacy ditches, canals, and ponds. Such meeting cadence may 23 be changed at the recommendation of the Citizen Oversight Board subject to approval by 24 the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of November , 2021 APPROVED AS TO LEGAL SUFFICIENCY. orrre" 's Office CA15554 R-1 November 4, 2021 36 ITEM— VILJ.6 ORDINANCES/RESOLUTIONS ITEM#72231 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Resolution REGARDING the Acquisition Strategy for Projects Approved by Bond Referendum Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 A RESOLUTION REGARDING THE ACQUISITION 2 STRATEGY FOR PROJECTS APPROVED BY BOND 3 REFERENDUM 4 5 WHEREAS, the City Council adopted a resolution on September 7, 2021 directing 6 certain actions be taken in the event the residents of the City authorized the issuance of 7 $567,500,000 in general obligation bonds for a comprehensive flood mitigation program; 8 9 WHEREAS, the residents have answered the bond referendum in the affirmative, 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA, THAT: 13 14 The City Council hereby directs the City Manager to develop and present an 15 acquisition strategy that seeks to streamline and expedite design and construction of the 16 twenty-one flood mitigation projects, including using a single prime contractor, watershed 17 bundling, and project bundling The City Manager is to include in such strategy the 18 provision of a separate contractor bonded to conduct quality assurance and recommend 19 deliverable acceptance Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of November , 2021 APP AS TO LEGAL SUFFICIENCY: City me Office CA15555 R-1 November 4, 2021 37 ITEM— VII.J.7 ORDINANCES/RESOLUTIONS ITEM#72232 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, Phone: 613-6971, spoke in SUPPORT Cameron Bertrand, 2601 West Avenue, Newport News, Phone: 650-5135, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in SUPPORT Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Upon motion by Council Member Rouse, seconded by Council Member Tower, City Council ADOPTED Ordinance to AMEND the City Code by adding Article IV to Chapter 27 re establish an Independent Citizen Review Board and to DIRECT actions in furtherance thereof(Requested by the City Council) Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE TO AMEND THE CITY CODE BY 2 ADDING ARTICLE IV TO CHAPTER 27 TO ESTABLISH 3 AN INDEPENDENT CITIZEN REVIEW BOARD AND TO 4 DIRECT ACTIONS IN FURTHERANCE THEREOF 5 6 SECTIONS ADDED: 27-60; 27-61; 27-62; AND 27-63 7 8 WHEREAS, Virginia Code § 9.1-601 authorizes the governing body of a locality to 9 establish a law-enforcement civilian oversight body and to empower the oversight body 10 with certain duties, subject to policies and procedures established by the governing body 11 for the performance of those duties by the oversight body; 12 13 WHEREAS, the City Council created a Citizens Review Panel Task Force to study 14 the issue of civilian oversight and to make recommendations to the City Council regarding 15 the establishment of an oversight body; 16 17 WHEREAS, over the course of more than a dozen meetings and work done by the 18 eleven members of the task force, all of which totaled almost 800 hours of volunteer 19 service by the task force members, the task force reached a unanimous recommendation 20 regarding the establishment of an oversight body for the City, including both proposed 21 duties and the required policies and procedures regarding the performance of those 22 duties; 23 24 WHEREAS, the City Council greatly appreciates the diligent and thorough work of 25 the task force members and desires to establish an oversight body consistent with the 26 task force's recommendations; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That in furtherance of the above-stated desire and intent of the City Council, the 32 Code of the City of Virginia Beach, Virginia is hereby amended and reordained by adding 33 thereto a new Article IV to Chapter 27 as follows: 34 35 CHAPTER 27 POLICE 36 . . . . 37 38 ARTICLE IV. INDEPENDENT CITIZEN REVIEW BOARD 39 40 Section 27-60. Establishment of the Board and Membership Requirements. 41 42 (a) There is hereby created the Independent Citizen Review Board as a law- 43 enforcement civilian oversight body of the Police Department. The board shall consist of 44 11 members, as well as 2 non-voting members with law-enforcement experience, with a 45 preference for persons with at least 15 years of law-enforcement investigative 46 experience, all of whom shall be appointed by the City Council and shall serve at the 47 pleasure of the City Council. In accordance with the requirements imposed by Virginia 48 Code § 9.1-601(E) or its successor provision, any person currently employed as a law- 49 enforcement officer as defined in Virginia Code § 9.1-101 or its successor provision is 50 ineligible to serve as a member of the board, but a retired law-enforcement officer may 51 serve on the board as an advisory, non-voting ex officio member; provided, however, that 52 such retired officer shall not have been previously employed as a law-enforcement officer 53 by the Virginia Beach Police Department but shall have been employed as a law- 54 enforcement officer in a locality that is similar to the City of Virginia Beach. 55 56 (b) The membership of the body shall reflect the demographic diversity of the City. 57 Appointees shall be eligible to vote, reside in the City of Virginia Beach, and should reflect 58 the racial, gender/gender identity, and socio-economic diversity of the City's population 59 and be chosen on the basis of expertise and experience in fields relevant to the 60 performance of the board's duties. The Council shall strive to appoint at least 2 members 61 under the age of 40. No member shall be a current City employee, but voting members 62 may include former City employees if honorably separated from service for at least five 63 years. Appointments shall be consistent with the membership disqualifiers set forth in the 64 next section of this Code. 65 66 Section 27-61. Membership Disqualifiers. 67 68 (a) No person may serve on the Board, in either a voting or nonvoting capacity, if 69 any of the following apply: public office holder or candidate for such office; employed by, 70 or immediate family member of someone employed by the City; current employee of any 71 law enforcement agency; convicted felon (unless rights have been restored and the felony 72 conviction did not involve moral turpitude, a sex offense, domestic assault, offenses 73 involving children as victims, gun violations or any crime of violence as defined in Virginia 74 Code § 18.2-288 or its successor provision); a person convicted of any misdemeanor 75 involving moral turpitude, sex offense, domestic assault, or offenses involving children as 76 victims or gun violations; currently or previously subject to a protective order; less than 77 honorable discharge from the military; multiple DUI convictions within 10 years; any 78 pending criminal charges/adjudication; outstanding judgements; pending litigation 79 against the City by the appointee or immediate family member; or pending litigation 80 against a law enforcement officer by the appointee or immediate family member. For the 81 purposes of this section, the term "immediate family" shall be defined as set forth in 82 Virginia Code § 2.2-3101 or its successor provision. 83 84 (b) Any appointee shall promptly self-report changes in circumstances that may 85 cause him or her to be disqualified. 86 87 Section 27-62. Term of Appointments. 88 89 (a) Of the voting members initially appointed, 4 should be appointed for terms of 3 90 years, 4 appointed with terms of 2 years, and 3 appointed with terms of 1 year. Of the 2 91 non-voting members initially appointed, one should be appointed for a term of 3 years, 92 and one should be appointed to for a term of 2 years. 93 94 (b) Following the initial appointments, all appointments shall be for terms of three 95 years, but neither voting nor non-voting members should be re-appointed for more than 96 one consecutive term. 97 98 Section 27-63. Duties of the Board and the Establishment of Policies and 99 Procedures for the Performance of Those Duties. 100 101 (a) The board shall have the following duties, subject to the policy and procedures 102 referenced in subsection (b): 103 104 1. To receive, investigate, and issue findings on complaints from civilians regarding 105 the conduct of sworn members of the Police Department; 106 107 2. To investigate and issue findings on incidents, including the use of force by a 108 law-enforcement officer that results in the death of, or serious injury to, any person held 109 in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and 110 other incidents regarding the conduct of sworn members of the Department (and for 111 purposes of this section, "serious injury" shall be defined as "bodily injury that involves 112 substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or 113 protracted loss or impairment of the function of a bodily member, organ, or mental 114 faculty"); 115 116 3. To hold hearings and, if after making a good faith effort to obtain, voluntarily, 117 the attendance of witnesses and the production of books, papers, and other evidence 118 necessary to perform its duties, the board may apply to the circuit court for a subpoena 119 compelling the attendance of such witness or the production of such books, papers, and 120 other evidence, and the court may, upon good cause shown, cause the subpoena to be 121 issued; provided, however, that any person so subpoenaed may apply to the court that 122 issued such subpoena to quash it; 123 124 4. To investigate policies, practices, and procedures of the Department and to 125 make recommendations regarding changes to such policies, practices, and procedures. 126 In response to such recommendations, the Department shall create a written record, 127 made available to the public, in cases in which the Department declines to implement 128 such changes; 129 130 5. To review any investigations conducted internally by the Department and to 131 issue findings regarding the accuracy, completeness, and impartiality of such 132 investigations; 133 134 6. To request reports of the annual expenditures of the Department and to make 3 135 budgetary recommendations to the City Council concerning future appropriations; 136 137 7. To make public reports on the board's activities, including investigations, 138 hearings, findings, recommendations, determinations, and oversight activities; and 139 140 8. To undertake any other duties as reasonably necessary for the board to 141 effectuate its lawful purpose as set forth in this section. 142 143 (b) The board in the exercise of the duties listed above shall adhere to the 144 provisions of the City of Virginia Beach Independent Citizen Review Board Policy and 145 Procedures, which have been established by the City Council and shall be available for 146 public inspection and also be publicly accessible via the City's website. 147 148 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 149 VIRGINIA BEACH, VIRGINIA: 150 151 That the City Council hereby establishes the policies and procedures for the 152 performance of the duties by the Independent Citizen Review Board as set forth in the 153 attached document entitled, "City of Virginia Beach Independent Citizen Review Board 154 Policy and Procedures." Furthermore, although that document authorizes amendments 155 to the document by the City Manager, (1) the City Manager shall not make any revisions 156 to the document that are inconsistent with the provisions of this ordinance unless 157 expressly authorized by subsequent action of the City Council, and (2) with respect to 158 amendments to the document that are not inconsistent with this ordinance, the City 159 Manager shall inform the City Council in writing of the proposed revisions prior to 160 implementation of the same. 161 162 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 163 VIRGINIA BEACH, VIRGINIA: 164 165 That, consistent with Section 4 of the FY 2021-22 Annual Appropriation Ordinance, 166 the City Manager or designee is authorized to transfer appropriations and/or positions 167 between departments or funds to implement the City Council priority enacted above 168 regarding the position of Board Coordinator as set forth in the City of Virginia Beach 169 Independent Citizen Review Board Policy and Procedures. After such transfer of 170 appropriations and/or positions, the City Manager shall provide written confirmation of 171 same to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of November , 2021 . 4 APPROVED AS TO LEGAL SUFFICIENCY: Coee-4/--- cesTr. City Attorney's Offi CA15576 R-2 November 2, 2021 5 CITY OF VIRGINIA BEACH INDEPENDENT CITIZEN REVIEW BOARD POLICY AND PROCEDURF„S I. PURPOSE It is the purpose of the Independent Citizen Review Board ("Board") to ensure that reports and conclusions of the Police Department's Internal Affairs Office investigations involving abuse of authority or other serious misconduct are complete, accurate, and factually supported. To that end, the Board shall have the authority to review these findings, to the extent provided for herein, (1) when a complainant is dissatisfied with such an investigation and requests an independent review, or (2) when the Board identifies, for any reason, an Internal Affairs investigation they believe warrants an independent review. The Board may at anytime, whether in conjunction with an investigation review or otherwise, also review and make recommendations to the Police Chief and/or City Manager regarding any existing or proposed Police Department policies or procedures. Board hearings shall not be considered civil or criminal proceedings, but independent reviews of administrative investigations concerning the performance of sworn police officers. All Board hearings shall be properly advertised in advance and open to the public; provided, however, that in the discretion of the Board for good cause shown, a hearing may be closed upon the request of a party to protect the privacy of individuals such as juveniles and victims of sexual assault. Also, Board deliberations may be conducted as provided for in subsection IV.GB.2.b.(2) below, but the Board's decision shall be announced in public once they have concluded their deliberations, as well as posted on the Board's website. II.APPLICABILITY This Policy shall be applicable to all sworn police officers of the City. III. COMPOSITION 1. Number and Method of Appointment: The Board, whose members shall be reflective of the diversity of the City's population, shall be comprised of eleven (11) members, and two (2) non-voting members with 15 years of law enforcement experience with investigative experience preferred, who shall be appointed by the City Council. No individual shall be nominated or appointed if any of the disqualifiers set forth herein apply to that individual. Appointees shall be eligible to vote, reside in the City of Virginia Beach and reflect the racial, gender/gender identity, and socio- economic diversity of the City's population, and shall be chosen on the basis of expertise and experience in fields relevant to the performance of the duties of the Board. At least two (2) voting members of the Board shall be under the age of forty (40). No voting or non-voting Board member may be a current City employee. However, voting members may be former City employees if honorably separated from service for at least five(5)years. Staff: The City Manager will designate an existing staff member or hire from a pool of Independent Citizens Review Board vetted applicants, a Board Coordinator. The Board Coordinator may monitor investigations, and will conduct trend analysis, and coordinate community outreach with applicable City staff. City staff and resources will be made available to the Board Coordinator as appropriate so as to facilitate the execution of duties. 2. Disqualifiers: No person may serve on the Board, in either a voting or non- voting capacity if any of the following apply: public office holder or candidate for such office; employed by, or immediate family member of someone employed by the City; current employee of any law enforcement agency; convicted felon (unless rights have been restored AND felony conviction did not involve moral turpitude, sex offense, domestic assault, offenses involving children as victims, gun violations or any crime of violence as defined in Section 18.2-288 of the Code of Virginia); any misdemeanor conviction involving moral turpitude, sex offense, domestic assault, or offenses involving children as victims or gun violations; currently or previously subject to a 2 protective order; less than honorable discharge from the military; multiple DUI convictions within 10 years; any pending criminal charges/adjudication; outstanding judgements; pending litigation against the City by appointee or immediate family member; or pending litigation against a law enforcement officer by appointee or immediate family member. Any appointee shall promptly self-report changes in circumstances that may cause him or her to be disqualified. 3. Conflict of Interest: No appointee shall be an officer or employee of the City, or an immediate family member, as defined by the Virginia Conflict of Interests Act, of any officer or employee of the City. Should a matter come before the Board in which a member of the Board's personal interests may influence his or her ability to hear an issue or case in an impartial manner, that member shall abstain from participating therein, including hearing and/or discussing the particular matter. The Board member shall indicate to the Chairperson the existence and nature of the conflict, and thereafter the Board member shall be excused from hearing and/or participating in the matter. 4. Term: Of those voting members initially appointed, four (4) will be appointed for terms of three (3) years, four (4) will be appointed for terms of two (2) years, and three (3) will be appointed for a term of one (1) year. Of those non-voting members initially appointed, one (1) will be appointed for three (3) years and one (1) will be appointed for two (2) years. Thereafter, all appointments shall be for terms of three (3) years. Both voting and non-voting members may be re-appointed for no more than one (1) consecutive term. 5. Removals and Vacancies: Members of the Board serve at the pleasure of the City Council. Members shall be removed for a)missing two (2) consecutive meetings of the Board without appropriate excuses delivered to the Chair of the Board within a reasonable period of time, b) repeated failure to perform Board member duties, to include completion of any assigned training, c) violation of the Standards of Professional Conduct or confidentiality agreement, or d) a post-appointment change in facts or circumstances which would have caused the member to have been disqualified from being appointed. The Chairperson shall notify the City Clerk if any member meets 3 the removal requirement, and the City Clerk shall in turn notify City Council that their review and action may be warranted. Any vacancy occasioned by resignation, death or removal of a member will be filled for the unexpired term by appointment by the City Council. 6. Chairperson and Vice-Chairperson: At the first meeting of the Board, the members shall elect a chairperson and/or vice-chairperson from among themselves. Thereafter, a new Chairperson and Vice-Chairperson shall be elected annually at the meeting of the Board falling closest to the anniversary date of the previous Chairperson's election. If either the Chairperson or Vice-Chairperson resigns or otherwise is no longer a member of the Board, the Board shall elect another Board member to serve the unexpired term of the departing officer. The Chairperson shall be the Board's official spokesperson and shall act as liaison between the Board and the City Manager. The Vice-Chairperson shall serve in the absence of the Chairperson and as otherwise provided herein. 7. Training: The City Manager shall cause the development of Standards of Professional Conduct for Board members, as well a comprehensive training program for all appointees to the Board. Before assuming office and prior to beginning their duties, each member shall be required to agree to adhere to the Standards of Professional Conduct and complete a basic course of training, including but not limited to relevant scenario-based and lecture-based courses at the Virginia Beach Police Academy, instruction in constitutional and criminal protections, attending the Citizen's Police Academy, and ride-alongs with members of the Police Department assigned to patrolling the City. Until such time as all Board members have agreed to (signed) the Standards and have completed the training, the existing Investigation Review Panel (IRP) shall continue their current role. Completion of annual refresher training, including ride-alongs, as established by the City Manager, Chief of Police and City Attorney, shall also be required. 8. Quorum: Seven (7) voting members shall constitute a quorum. However, a majority vote, i.e., six (6) votes of eleven (11) voting members, shall be required for an 4 action to be taken, with the exception of certain items for which the policy requires a higher vote threshold. 9. Meetings: The Board shall meet as often as necessary to conduct its business in a timely manner that is responsive to citizen complainants and provides for the compliance with time constraints set forth herein. Public notice of meetings shall be given by the Department of Human Resources at least forty-eight(48)hours in advance of the meeting. IV.AUTHORITIES.DUTIES AND FUNCTION A. JURISDICTION OF BOARD 1. Citizen Request for Review: The Board shall, upon the request of any citizen who has filed a formal complaint with the Police Department, Board Coordinator or City Manager's Office regarding the conduct of a sworn member of the Police Department, and who has received from the Police Department a disposition letter regarding such complaint, conduct an independent review of the fmdings of the Police Department's Internal Affairs Office investigation into that matter, with the following exceptions: a. The Human Resources Director or designee shall provide copies of the citizen's request for a review along with the complete Internal Affairs investigative file, other than those that meet the criteria of subsections b., c., and d. immediately below,to the Board. b. The Human Resources Director or designee, in consultation with the Police Department, and if needed, the City Attorney's Office and Commonwealth's Attorney's Office, shall determine if a complaint concerns matters which are the subject of pending criminal proceedings. If so, the Human Resources Director or designee shall send a letter to the complainant, informing the complainant that the complaint is being deferred indefinitely pending resolution of the criminal proceedings. The letter shall provide the complainant with appropriate contact information so the complainant may 5 contact the Human Resources Department once the criminal proceedings have concluded and request a hearing at that time. The letter shall advise the complainant that any such request for a Board hearing must be made no later than thirty days after the conclusion of the criminal proceedings, including any appeals. c. The Human Resources Director or designee, in consultation with the City Attorney's Office, shall determine if a complaint concerns matters which are the subject of pending civil proceedings. If so, the Human Resources Director or designee shall send a letter to the complainant, informing the complainant that the complaint is being deferred indefinitely pending resolution of the civil proceedings. The letter shall provide the complainant with appropriate contact information so the complainant may contact the Human Resources Department once the civil proceedings have concluded and request a hearing at that time. The letter shall advise the complainant that any such request for a Board hearing must be made no later than thirty days after the conclusion of the civil proceedings, including any appeals. d. The Human Resources Director or designee shall determine if the complaint concerns discipline covered by the City's Disciplinary Policy and Procedure and Grievance Procedure. If so, the Director or designee shall inform the complainant in writing that such discipline is not subject to review by the Board. 2. Other Mandated Reviews: The Board shall conduct an independent review of any Internal Affairs Investigation into the death or serious injury of any person as a result of police action, subject to the provisions in IV.A. 1. b, c and d above. 3. Board and Administration Initiated Reviews a. The Board may direct the Board Coordinator to conduct real time passive monitoring of any ongoing Internal Affair's investigation into a citizen complaint, obtain updates and report those findings to the Board to the 6 extent that it allows the Board to update the community as to the progress of the investigation (number of witnesses interviewed to date, number of anticipated further witnesses to contact, delays encountered/anticipated, etc.). b. The Board may, upon notice to the involved citizen, self-initiate an independent review of any completed Internal Affairs investigation of a citizen complaint except in those cases exempted in N. A. 1. b, c, or d above. c. The Board may self-initiate an independent review of any completed Internal Affairs investigation into any incident that rises to their attention and that,by majority vote of the full Board, they decide warrants Board review except in those cases exempted in N.A. 1. b, c, or d above. The Board may initiate a review due to any number of factors, including public response to a police incident or investigation. d. The Board may conduct an independent review of the completed Internal Affairs investigation into any citizen complaint at the request of the City Manager or the Chief of Police except in those cases exempted in N.A. 1. b, c, or d above e. The Board may also self-initiate an independent review of any proposed or existing policy or practice of the Police Department, as well as conduct such a review at the request of the City Manager or Police Chief. 4. Community Outreach and Education a. The Board chairperson and vice-chairperson, with assistance by other Board members, the Board Coordinator and support from City Staff, shall develop a strategic communications plan in order to promote the existence, purpose/ jurisdiction and processes of the Board to the community at large in an effort to create broad awareness of the Board's powers as another mechanism to ensure accountability and transparency regarding the actions of Police Department members. Outreach and education efforts should be persistent 7 and may include: being available for interviews, appearances on various media, speaking to civic groups, website upkeep, development/distribution of brochures and social media presence. B. PROCEDURE 1. Independent Review Process: a. The Police Department shall inform the complainant of Internal Affairs Office investigative findings by mail to the most recent address provided by the complainant, and shall provide a brochure explaining the Virginia Beach Independent Citizen Review Board Process and a Request For Review Form. At the same time Internal Affairs notifies the complainant, they shall also notify the Human Resources Director or designee,who shall promptly send a subsequent notification and Request For Review Form to the complainant. b. The Request for Review Form submitted by a complainant shall include identifying information, a statement describing the nature of the original complaint and/or allegations, the reasons for the requested review and supporting evidence, and a complete list of the names, addresses, and telephone numbers of all known witnesses. c. Requests for review shall be made in writing, addressed to the Director of Human Resources and shall be delivered or postmarked within ninety (90) calendar days from the date the Police Department Internal Affairs Office investigative fmdings are mailed to the complainant. The time for filing may be extended by the Board for good cause shown. d. The Director of Human Resources shall cause an acknowledgement of receipt and acceptance of the Request for Review to be sent to the complainant within five(5)working days of such receipt. e. Unless a majority of the members present at the meeting vote to waive the requirement, no written material,recordings or videos shall be considered by 8 the Board which was not made available to the Board at least five (5) days prior to the hearing. 2. Hearing: a. Upon notification by the Independent Citizen Review Board that the Board is going to conduct a review of a particular Internal Affairs Investigation, the Police Department's Internal Affairs shall provide the Human Resources Director or designee a complete copy of the relevant investigative file for distribution to the Board. No subpoena or other legal process shall be required for the Board to obtain the complete file from the Police Department. Absent extenuating circumstances, the Board shall, within thirty (30) calendar days of receipt of the complete Police Department investigative report and file, conduct a hearing to review the departmental investigation. The Human Resources Director or designee shall send notification of the date and time of the hearing to Board members, the Police Department's Internal Affairs Office, the City Attorney's Office, and the complainant. Board review hearings shall be recorded and records maintained by the Department of Human Resources in accordance with the Library of Virginia Records Retention and Disposition schedule. b. At the hearing, the complainant shall state the specific reason(s) for the request for review, present supporting evidence, and provide statements pertinent to the allegation as stated on the Request For Review Form. Information not listed on this form cannot be presented at the Board Review, except as deemed appropriate by the Board. Upon completion of the complainant's statement, a Police Department representative familiar with the investigation shall present all findings of fact and a review of all evidence collected and received, including witness statements, subject to the following limitations: (1) The statement of any police officer who was required by the Department to give a statement under the provisions of Garrity v. 9 New Jersey, 385 U.S. 493 (1967) shall not be revealed in public. The Board shall have confidential access to the entire statement for the purpose of its review. The Internal Affairs officer presenting information to the Board may publicly state only that the officer admitted or denied the allegation, unless the officer consents to the public release of the entire statement. (2) The Board may convene in private to deliberate; provided, however, that any deliberations by the Board which do not address the alleged improper conduct or performance of duties of a public officer or employee shall be conducted in an open public hearing. Neither the Police Department representative nor any Board member shall reveal the identity of any victim of sexual assault, unless authorized to do so by the victim, or of any juvenile. c. Each member of the Board shall,prior to the hearing,be provided access to a complete copy of the Internal Affairs Office file. Board members shall not cause additional copies of any portion of such files to be made. The file is deemed a personnel record and shall not be disclosed nor shall copies be provided to the public. Such files shall be returned, fuly intact,to the director of Human Resources or designee at the conclusion of Board proceedings regarding each particular matter.All recordings of statements prepared in the course of the Police Department's investigation shall be made available to the Board. Prior to providing the file to the Board, the Director of Human Resources, in consultation with the Internal Affairs Office, shall determine if the file contains information concerning an identifiable juvenile. If the file contains such information, the Director of Human Resources shall forward the file to the City Attorney or designee, who shall redact information that identifies a juvenile in conformance with the requirements contained in Virginia Code § 16.1-301 or any successor provision. 10 d. The Board, in its discretion, may invite any person previously identified as a witness to appear at such hearings to answer questions proffered by the Board. e. During any Board review of a completed Internal Affairs investigation, the Board Coordinator may request from the Board an application for a subpoena to a Circuit Court Judge. Such request shall be made after all good faith attempts to obtain an interview or documentary evidence are exhausted. To make a request for subpoena application, the Board Coordinator must demonstrate necessity; obtain a legal review; prior to any Board vote, counsel for the Board shall be retained to provide advice regarding the potential application. Counsel shall be vigilant to advise regarding potential conflicts and interference with ongoing investigations or those that are contemplated as well as ethical considerations applicable to any application. The City Attorney, the Commonwealth's Attorney and the Internal Affairs Office shall be afforded the opportunity to express any concerns regarding the proposed application for subpoena directly to the Board prior to their vote on the matter. A super majority of the Board will be required to approve any request which shall be filed by counsel who will be bound by the rules of procedure and ethics in such application. Any application shall seek specific and relevant information that cannot be obtained by voluntary means or other recourse. See Rule Section 4:9 of the Rules of the Supreme Court of Virginia. See also Code of Virginia Section 9.1-601(D). After such steps, the Board must approve the application by an affirmative vote of at least 8 members. If the Board approves the request, then such application shall be made to a Circuit Court Judge no sooner than five (5) business days after the the Board has notified Internal Affairs, the City Attorney and the Commonwealth's Attorney that such application is to be made. f. Except in those cases exempted under IV. A. 1. b, c, or d above the City Manager or designee shall require the attendance and testimony of any 11 employee whose appearance is requested by the Board, and shall also require the production of any relevant documents or other materials in the possession of the Police Department, or other City departments, therefore subpoena power is unnecessary for the Board to gain access to City employees or evidence in the possession of the City. a. Any person appearing before the Board may be accompanied by legal counsel such counsel may advise their client regarding testimony, including response to specific questions, however, counsel shall not be authorized to participate in the proceedings. 3. Real-time Monitoring Process: a. Upon notification of an Internal Affairs investigation initiated by citizen complaint to either the Board,the City Manager, or Internal Affairs,the Board may direct the Board Coordinator to conduct real-time passive monitoring of the investigation,based upon severity of the allegation(s). b. On behalf of the Board, the Board Coordinator will be briefed by Internal Affairs on investigative approach and anticipated timeline. c. Periodically or upon request, the Board Coordinator shall provide the Board updates on the investigation progress and sufficiency. d. If the Board Coordinator determines an investigation is insufficient before conclusion, because the complainant or witness has refused to be interviewed by Internal Affairs, the Board Coordinator may conduct an independent interview. In advance of any such interview, the Board Coordinator shall coordinated with Internal Affairs, who may also provide technical advice where appropriate. All statements, evidence, etc. obtained by the Board Coordinator will be provided to Internal Affairs. 12 C. FINDINGS/RECOMMENDATIONS 1. Findings: In its findings, the Board may: a. Concur with the findings of the Police Department investigation; b. Advise the City Manager that the findings are not supported by the information reasonably available to the Department, setting forth the Board's reasoning for this determination; or c. Advise the City Manager that in its judgment the investigation is incomplete, setting forth what more the Board believes needs to be done. Upon a finding by the Board under the provisions of b. or c., the City Manager, upon consultation with the City Attorney and Chief of Police, shall direct further action as he deems appropriate. 2. Recommendations: The Board may recommend to the City Manager that a specific Police Department policy or procedure be revised or amended, setting forth specifics and the Board's rationale for the recommended changes. 3. Reporting: a. The Department of Human Resources shall, within five (5) working days of the conclusion of the Board's deliberations, submit a report of the Board's findings and recommendations to the City Manager. Thereafter, the Board shall notify the complainant of the findings and recommendations of the Board, and a copy of such findings and recommendations shall be made available to the public in accordance with the Freedom of Information Act. Additionally, the Police department must provide a written response to the City Manager for any findings of the Board under C. 1. b. or c. above, or for any recommendations of the Board regarding Police Department policies or procedures within fifteen (15) business days of receipt of the report from the Department of Human Resources. If it is not practically possible to provide a full response within fifteen business days, the Police Department shall inform the City Manager and the Board in writing of 13 the specific circumtances that necessitate a delay and shall then have up to fifteen additional business days in which to provide the final response. Such written responses from the Police Department shall be provided to the Board by the City Manager, and shall be made available to the public in accordance with the Freedom of Information Act. b. Within ten (10) business days of the end of each quarter, with staff support,the Board will provide to City Council a summary report of the Board's activities for the previous quarter. Additionally, on or before January 31st of each year, the Board shall, with staff support, provide to the City Council an end-of-year summary and analysis of its activities during the previous year. All such reports shall be made available to the public in accordance with the Freedom of Information Act. D. BOARD RULES The Board shall, at its initial meetings, formulate rules of procedure governing its operations,not inconsistent with this directive. E. AMENDMENTS The City Manager may, from time to time after consultation with the Board, amend the provisions herein. This policy shall become effective on the date that it is signed by the City Manager. City Manager Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Date 14 APPROVED AS TO CONTENT: Department of Human Resources Date 15 38 ITEM— VILJ.8 ORDINANCES/RESOLUTIONS ITEM#72233 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Extension to Land of Promise Farms Partnership for one(1)year for City-Owned farm land located on Indian River Road and North Landing Road Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor RobertM Dyer,BarbaraM.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE EXTENSION 3 WITH LAND OF PROMISE FARMS PARTNERSHIP 4 FOR UP TO ONE (1) YEAR FOR 186+/- ACRES OF 5 CITY-OWNED FARM LAND LOCATED ON INDIAN 6 RIVER ROAD AND NORTH LANDING ROAD 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road in Virginia Beach, 10 Virginia (the "Premises"); 11 12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition 13 Program, an element of the City's BRAC response program; 14 15 WHEREAS, the City funded the acquisition of the Premises through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; 18 19 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms") is 20 the current Lessee of the Premises and would like to extend its lease and continue to 21 use the Premises for agricultural purposes, such as farming, and for no other purpose; 22 and 23 24 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 25 $21,250.00 for one (1) year for the use of the Premises. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease extension for one 31 (1) year between Land of Promise Farms Partnership and the City for the Premises, in 32 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Further, that revenue from the lease of the Premises in the amount of $21,250.00 37 shall be received and fifty percent (50%) of this amount shall be deposited for 38 appropriation in future Capital Improvement Program capital budgets in 100282 39 (formerly known as CIP 9-059), Oceana Interfacility Traffic Area Conformity and 40 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 41 Manager to refund the Commonwealth's portion in accordance with the grant 42 agreement. 43 44 This ordinance shall be effective from the date of its adoption. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of 47 November , 2021. APPROVED AS TO CONTENT APPROVED AS TO CONTENT udget and anagemen ervices Public Workfs/Facilities Management APPROVED AS TO LEGAL SUFFICIENCY AND FORM City £ ,me CA15418 R-12021.\\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d027\p042\00760736.doc November 5, 2021 EXHIBIT A SUMMARY OF TERMS LEASE EXTENSION FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road (GPIN: 1483-95-6756) TERM: January 1 , 2022 — December 31, 2022 RENT: $21 ,250.00 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration and waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises without written prior notice after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops unable to be harvested as a result of the termination. 39 ITEM— VILJ.9 ORDINANCES/RESOLUTIONS ITEM#72234 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to DECLARE November 15—December 15, 2021, as Buy Local Month(Requested by Council Member Wooten) Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO DECLARE NOVEMBER 15 -- 2 DECEMBER 15, 2021 AS BUY LOCAL MONTH 3 4 WHEREAS, local businesses create jobs, boost the local economy, and preserve 5 our neighborhoods; and 6 7 WHEREAS, in recognition of these contributions, the City Council would like to 8 enact a resolution to declare November 15 — December 15, 2021 as "Buy Local Month: 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The Council hereby declares November 15-December 15, 2021 as "Buy Local 14 Month," and it urges all citizens to join in this celebration and to buy local for the holidays 15 and throughout the year. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of November , 2021. APPROVED AS TO LEGAL SUFFICIENCY: • or s i e CA15634 R-1 November 4 2020 40 ITEM— VII.J.IO ORDINANCES/RESOLUTIONS ITEM#72235 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Michael Culpepper, Venture Developer, 1081 19`h Street, Phone: 491-1990, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED Resolution to APPROVE the Execution of the First Amendment to the Dome Site Development Agreement and ESTABLISH Capital Project#100606, `Atlantic Park Offsite Infrastructure", and APPROPRIATE $17,729,147 from General Fund Balance re offsite infrastructure Voting: 9-1 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Michael F. Berlucchi *Council Member Tower Filed A Disclosure November 16, 2021 1 RESOLUTION (1) APPROVING THE EXECUTION OF THE 2 FIRST AMENDMENT TO THE DOME SITE DEVELOPMENT 3 AGREEMENT, (2) ESTABLISHING CAPITAL PROJECT 4 100606 "ATLANTIC PARK OFFSITE INFRASTRUCTURE", 5 AND (3) APPROPRIATING $17,729,147 FOR OFFSITE 6 INFRASTRUCTURE 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "VBDA"), the City Manager and City staff have 10 engaged in extensive negotiations with representatives of Atlantic Park, Inc., a Virginia 11 corporation ("Developer"), in connection with the development of a mixed-use project (the 12 "Project") on and around the VBDA-owned property commonly known as the "Dome Site"; 13 14 WHEREAS, on November 19, 2019, the City Council and the VBDA each adopted 15 resolutions approving the terms and conditions for the development of the Project, as set 16 forth in a comprehensive agreement between the parties (the "Development Agreement"); 17 18 WHEREAS, as the parties have proceeded with due diligence and pre- 19 development activities as contemplated by the Development Agreement, they have 20 determined that certain modifications to the Development Agreement are necessary and 21 appropriate to achieve the successful completion of the Project, and a summary of such 22 modifications are set forth in the Summary of Modified Terms, attached hereto as Exhibit 23 A; 24 25 WHEREAS, in addition to the proposed amendments to the terms of the 26 Development Agreement, City Council has determined that the establishment of CIP 27 #100606 and the appropriation of $17,729,147, to provide for the Description and Scope 28 described on Exhibit B, and as summarized on Exhibit C attached hereto (the 29 "Infrastructure"), would not only benefit the Project, but would also better provide for the 30 infrastructure needs of the overall oceanfront resort area; 31 32 WHEREAS, to assist in financing the obligations of the parties with respect to the 33 Project, prior to the execution of the Development Agreement, the parties requested that 34 the General Assembly authorize the use of sales and use tax revenues for the Project as 35 contemplated by §15.2-5928, et. seq. of the Code of Virginia ("Knight-Wagner"); 36 37 WHEREAS, Knight-Wagner requires submission of a revised report to the General 38 Assembly prior to the execution of an amendment to the Development Agreement; and 39 40 WHEREAS, City Council is of the opinion that approval of the First Amendment 41 and the construction of the Infrastructure will be beneficial to the residents of the City and 42 the Commonwealth of Virginia, and is in the best interests of the City. 43 44 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 1 . That the City Council finds the foregoing actions and approvals related to 47 the Project at the Dome Site will promote the trade, commerce, and industry of the City 48 and its residents, give publicity to the City's resources and advantages, and further the 49 City's efforts to reinvigorate a portion of the City designated by the City Council in 50 December 2009 as a recovery zone. 51 52 2. That the City Council hereby authorizes the City Manager to enter into a 53 first amendment to the Development Agreement so long as it is consistent with the 54 Summary of Modified Terms and in legal form acceptable to the City Attorney. 55 56 3. That the City Council establishes Capital Project 100606, "Atlantic Park 57 Offsite Infrastructure", for the purpose of causing the construction of the Infrastructure. 58 59 4. That the City Council appropriates $17,729,147 from the fund balance of 60 the General Fund to the FY 2021-22 Operating Budget and transfers same as pay-go 61 funding to the Capital Improvement Program for Capital Project #100606, "Atlantic Park 62 Offsite Infrastructure" for the construction of Infrastructure. 63 64 5. The City Manager is hereby authorized, if he deems it advisable and 65 expeditious to do so, to take such steps as are necessary to loan the funds appropriated 66 to Capital Project #100606 to the Atlantic Park Community Development Authority (the 67 "CDA") for the purpose of causing the construction of the Infrastructure, as described in 68 Exhibit C, attached hereto and made a part hereof, so long as those funds are repaid to 69 the City from excess funds of the CDA after the retirement of bonds issued by the CDA 70 for the development of the Project. 71 72 6. That the City Council directs the City Manager to submit a detailed written 73 report ("Knight-Wagner Report") to the General Assembly that provides the First 74 Amendment and any changes or amendments to the report caused by the First 75 Amendment. 76 77 7. That the City Manager is hereby authorized to execute the First Amendment 78 not less than thirty days from the date the Knight-Wagner Report was submitted to the 79 General Assembly. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of 82 November , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fi: Ord !/ City Manager City Attorney APPROVED AS TO CONTENT: l department of Budget and Management Services CA15421 \\vbgov.com\dfs t\applications\citylaw\cycom 32\wpdocs\d006\p031\00601732.docx R-3 November 10, 2021 11/10/202112:50 PM EXHIBIT A SUMMARY OF MODIFIED TERMS 1. The Project will be constructed in two phases. The first phase will be constructed on the Project area north of 18th Street (the "Phase I Land") and will consist of (i) two parking garages with a total of approximately 1 ,459 spaces, (ii) the surf lagoon, (iii) approximately 100,000 sq. ft. of experiential retail, (iv) a 3,500-seat entertainment venue, and (v) 300+/- apartments. The scope and location of Phase II will be determined after Phase I is under construction. 2. Of the planned $7,500,000 in streetscapes appropriated for the Project, $6,000,000 will be allocated to Phase I. Although the scope and exact layout of Phase II is to be determined, the First Amendment will include deadlines and processes for the development of that phase. 3. The Performance Grant, which is currently a maximum of $5,000,000 of Project- generated revenues, will be divided between the phases, with $3,000,000 allocated to Phase I and $2,000,000 allocated to Phase II. 4. The Pre-Development Phase for Phase I will be extended from September 23, 2021 until May 1 , 2022, with a revised design budget providing for $3,087,964.92 in previously appropriated design costs being authorized in the Pre-Development phase instead of in the Construction Documents Phase. No additional funds are being appropriated for design costs by this action. 5. The Outside Financing Commitment Date for Phase I will be extended from December 31 , 2021 until June 1 , 2022. This extension will allow the Developer to obtain more complete plans for its elements and more accurate pricing. Closing on the Developer's financing shall not occur sooner than thirty (30) days after the date the Developer delivers its financing commitment to the City. 6. Garage Operations and Maintenance Costs will be shared by the parties on a pro-rata basis (public v. private use), with the Developer responsible for its share of actual costs during the first year, subject to adjustment to reflect any cost increases to be capped at five percent (5%) per year. If funds are not available, the garages will be managed to meet the available budget. 7. The acquisition cost of each parking space will be fixed at $30,000 per space. 8. The closing of Phase I under the Development Agreement will be bifurcated. At the initial closing (expected to occur around June 1, 2022), the Developer will (i) close on its construction loan on the Northwest and North Blocks and contribute $10,000,000 in equity to the project, and (ii) subject the Phase I Land to the lease and the condominium regime, and (iii) make a pro rata contribution towards construction of the private elements based on overall cost of improvements (anticipated to be 11/10/202112:50 PM approximately 2/3 public and 1/3 private), and the VBDA will contribute up to $3,000,000 on a pay as you go basis for the start of construction of Phase I (the Entertainment Venue and two parking garages) 9. On or before December 31, 2022, the second closing of Phase I will occur. At that time the Developer will sell bonds to finance the Surf Park,the CDA will issue its Phase I bonds, the VBDA will make the City Contribution (amount needed to finish construction of the garages, less the up to $3,000,000 spent after the initial closing), and the City will contribute $6,000,000 for streetscapes. If the second closing does not occur, the parties will have the right to unwind the transaction without recouping amounts spent on construction occurring after the first closing. 10.To provide for the construction of certain off-site public infrastructure, the City proposes to establish CIP #100606 (as described on Exhibit B, the "Offsite Infrastructure"). The appropriation of$17,729,147 will be to the FY 2021-22 Operating Budget and transferred to the Capital Improvement Program as pay-go funding. Such funds from CIP #100606 would be loaned to the Atlantic Park Community Development Authority (the "CDA") to construct the Offsite Infrastructure. Such amounts constitute CDA debt for purposes of the applicable state law, and accordingly, the obligation for repayment will be included in the debt issuance by the CDA in the second closing of Phase I. The CDA would authorize a contract for the construction of the Offsite Infrastructure, using a cost-participation model where possible. The funds from CIP#100606 would be repaid to the City over time from CDA proceeds, after the retirement of the bonds issued by the CDA for the Project, or from excess proceeds after debt service on the bonds. 11. The First Amendment also contains numerous technical changes to implement the above concepts, such as amended definitions to allow for Phase I and Phase II to proceed on separate tracks. EXHIBIT B Fiscal Years FY23 through FY28 Capital Improvement Program Project:100606 tilde:Atlantic Park Offsite Infrastructure Status: Category:Economk&Tourism Development Department:Economic Development Project Type Project Loration Proton Type: District: Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future Description and Scope This project will allow the timely design and construction of certain offsite Infrastructure connected to the Atlantic Park Project These Improvements include Pacific Avenue and 19th Street traffic signal and pedestrian crossing,Pacific Avenue and 20th Street traffic signal,18th Street Streetscape improvements from Artic to Pacific,18th Street Undergrounding Duct Bank,Arctic Avenue Streetscape Improvements,Arctic Avenue Undergrounding Duct Bank,19th Street and Baltic Avenue traffic signal relocation,20th Street Streetscape improvements and related stormwater,20th Street Undergrounding Duct Bank,and stormwater Improvements abutting the Project.it Is anticipated this work will require coordination with the contractor undertaking the Atlantic Park Development,and to avoid construction conflicts and consistent with any required procurement approvals the work Is Intended to be prosecuted by cost participation agreement with the Developer of the Atlantic Park Project. Purpose and Need The work is consistent with the Undergrounding of utilities and streetscape Improvements undertaken in adjacent areas of the Resort Moreover,the decision to do this work now will avoid undertaking the work at a future date,which could duplicate costs.The current plan to provide these Improvements would be for the City Council to authorize appropriation of funds to the Atlantic Park Community Development Authority("CDA"),and the CDA would commit to repayment to the City from revenues that exceed debt service for such times as the CDA has bonds outstanding and thereafter from the revenues of the CIA prior to retirement of the CDA. History and Current Status This is a new project proposed to be added to the FY 2021-22 CIP. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts • - - - - Total FTE - - - ' Protect Map Schedule of Activities ^s'�.�.'{+ .1 r ! Ii A-• - ,a - ;^U,.' .; Project Activa les From-To Amount Design I b...4 q. s Construction Gres a}�''r e* Construction --+ 7 Y + ninenf F • • E:':T S , � f. ♦ k, 01 t, ._� a 1- ' Total Budgetary Cost Estimate: ♦ N•J k F yr. - • . ��..eesstt1111 - i Funding Subclass Amount 1 'Asoi. �^[y cagy , Local Funding , tf's �' -A Y Total Programmed Financing: _ i i Total Non-Programmed Financing: 4 y\ _� Total Funding: EXHIBIT C ATLANTIC PARK OFFSITE INFRASTRUCTURE / CIP#100606 • Pacific Avenue Replace 19th Street Signal with pedestrian crossing • Pacific Avenue Signal at 20th Street • 19th Street Improvements—Arctic to Pacific • 18th Street Dominion Duct Bank • Arctic Avenue Improvements • Arctic Avenue dominion Duct Bank • 19th Street & Baltic Avenue Signal Relocation • Baltic Avenue Stormwater Infrastructure • 20th Street Improvements & Stormwater Infrastructure • 20th Street Dominion Duct Bank Category Cost Estimates Duct banks $ 9,053,617 Signals 855,477 Streetscapes & Stormwater 6,668,208 18th Street from Arctic to Pacific 1,151,875 TOTAL $ 17,729,147 , , i !.. t!ri% I I_ ____L____* • o NI _ — fir` ., f-, N ;. E " cD to • 1CC ca 3 O M i i lb r U il O • i • _ - - "- ----- H TJ -`'"" {.. a piped 1 .5 W li / Z W r � � O ct a. a -....a / : IN I i II I _ 4 t, 1 03 1 C • / j MI , '£ 2ncit \ 1 .:\ \ -- ! f Q 1 �, : g f------- / \i 1 -__. s 1, _,�_ t- . - -- .. "-- ti 1 , '.a 1 r. ! I '' j I I tit! ; I » t �, • 0 1 1 a _ It . o 1 I r- --v. aa erti F 1 1 It Ft 4 ? 1 I . ( g e ' 1 E . !1 1lri i so- • R* # j. \-----V •• \ • ' ILA" a \-- --,----------- 3 __ . • I•• •„ \ \ _ -- f r•.•••\ \ _---- - Ave--------1 • Nj{CAVE •• ••• • - F`A • y sf • . ‘z, ______ • ....c ......_ • ,..., 2 ; IVT::-. 4.. • • \ . . *, 4, t • ......--\ 1 'I, , - --7:—..\-TA • • L ......A. 00. r s " * 1___\) I • . r. r S� . ,.,.. l 'It1\1\\'' Z t • C --.'v' :, _ c Ave ------n. ,:---. O _ • • a . . • 1 , -"Or - \\:a_- • y • 1 • \ 0 \ \_,__ se \ -- • 1 • --•-•-‘ • \,...„-- �r=� I, Jam- s \-------... r-r { - __ • • _ _V - Ve = • t gA� A e. • \'_..\• • 1�1 ••• #' Y\: - \ •• ••g0lV v 1 • • 4 * S. • t __--- * , , V rY k _____ - \ j:±' - A\ l • 4:-a • __. —----. \ ------1 ,\,,,.\\\.. .. __ � �g - • , _______ rt # • ; ‘ , \--- * „.„ J � . • ♦ - _f _ - � f .... , \ __ • _______ • ______ GiN�'BFAc ti4L -r City of Virginia Beach cy 9,- S OF OUR NAr- VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH In Reply Refer to 0073463 November 16, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(I) of the Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's consideration and vote on a resolution approving the execution of the first amendment to the Dome Site development agreement, establishing Capital Project #100606, "Atlantic Park Offsite Infrastructure," and appropriating $17,729,147 for offsite infrastructure. 2. The applicant disclosed that Kaufman & Canoles is its legal services provider for this project. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET.VIRGINIA BEACH.VA 23451 Mrs. Amanda Barnes -2- November 16, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 0.1y, 2_______ .00 . Guy K. Tower Councilmember GKT/RRI 41 ITEM— VII.J.11 ORDINANCES/RESOLUTIONS ITEM#72236 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT,Resolution to APPROVE the City's Participation in the proposed settlement of Opioid-Related Claims Voting: 9-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: Michael F. Berlucchi November 16, 2021 1 A RESOLUTION APPROVING THE CITY'S 2 PARTICIPATION IN THE PROPOSED 3 SETTLEMENT OF OPIOID-RELATED CLAIMS 4 5 WHEREAS, the opioid epidemic that has cost thousands of human lives across 6 the country also impacts the City of Virginia Beach by adversely impacting the delivery of 7 emergency medical, law enforcement, criminal justice, mental health and substance 8 abuse services, and other services by the City's various departments and agencies; and 9 10 WHEREAS, the City of Virginia Beach has been required and will continue to be 11 required to allocate substantial taxpayer dollars, resources, staff energy and time to 12 address the damage the opioid epidemic has caused and continues to cause the citizens 13 of the City; and 14 15 WHEREAS, the City of Virginia Beach has filed suit against McKesson, Cardinal 16 Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their 17 related corporate entities for their role in the distribution, manufacture, and sale of the 18 pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the 19 City; and 20 21 WHEREAS, the City's suit seeks recovery of the public funds previously expended 22 and to be expended in the future to abate the consequences and harms of the opioid 23 epidemic; and 24 25 WHEREAS, settlement proposals have been negotiated that will cause McKesson, 26 Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to 27 resolve opioid-related claims against them; and 28 29 WHEREAS, the City's outside opioid litigation counsel has recommended that the 30 City participate in the settlements in order to recover its share of the funds that the 31 settlement would provide; and 32 33 WHEREAS, the City Attorney has reviewed the available information about the 34 proposed settlements and concurs with the recommendation of outside counsel; 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 The City Council approves the City's participation in the proposed settlement of 40 opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, 41 and their related corporate entities, and directs the City Attorney, the Deputy City Attorney 42 for Litigation, and/or the City's outside counsel to execute the documents necessary to 43 effectuate the City's participation in the settlements, including the required release of 44 claims against settling entities. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 h r h day of November , 2021. APPROVED AS TO LEGAL SUFFICIENCY: .. ceaf.e;1 City Attorney s Office CA 15577 R-1 November 2, 2021 o%NIA•BF`4c t, �a City of Virrinia Beach f za r z 9 °F DUR NAS\�N5 VBgov.com November 16, 2021 JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@VBGOV.COM In Reply Refer to 0073476 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding a resolution approving the City's participation in the proposed settlement of opioid-related claims. 2. I own shares of mutual funds issued by Vanguard and by Fidelity Investments, and those funds include pharmaceutical stocks. Vanguard's corporate street address is 100 Vanguard Boulevard, Malvern, PA, and Fidelity's corporate address is 245 Summer Street, Boston, MA. 3. I hereby disclose this interest, and I will abstain from the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sin erely, 0:1\"'ohn ;i1(1) --- . Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 42 ITEM— VILJ.12a/b/c/d/e ORDINANCES/RESOLUTIONS ITEM#72237 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of Dome Site property at: a. Portion of the South Side of 20t Street between Pacific&Arctic Avenues b. Portion of the South Side of 20t Street between Arctic&Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19`h& 20`h Streets d. 19`h Street between Pacific&Arctic Avenues e. All alleys within the block surrounded by Arctic&Baltic Avenues and 19`h &20t Streets Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi *Council Member Tower Filed A Disclosure November 16, 2021 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING 1) A PORTION OF THE 4 SOUTH SIDE OF 20TH STREET BETWEEN 5 PACIFIC & ARCTIC AVENUES, 2) A PORTION 6 OF THE SOUTH SIDE OF 20TH STREET 7 BETWEEN ARCTIC & BALTIC AVENUES, 3) A 8 PORTION OF THE WEST SIDE OF ARCTIC 9 AVENUE BETWEEN 19TH & 20TH STREETS, 4) 10 19TH STREET BETWEEN PACIFIC & ARCTIC 11 AVENUES, AND 5) ALL ALLEYS WITHIN THE 12 BLOCK SURROUNDED BY ARCTIC & BALTIC 13 AVENUES AND 19TH & 20TH STREETS 14 15 WHEREAS, on December 1, 2020, City Council acted upon the application of 16 Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the 17 "Applicants") for the closures of portions of various rights-of-way totaling approximately 18 1.34 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the 19 City of Virginia Beach Development Authority; 20 21 WHEREAS, City Council approved (by Ordinances ORD-3645L and ORD- 22 3646M) the closure of the aforesaid Rights-of-Way subject to certain conditions being 23 met on or before November 30, 2021; and 24 25 WHEREAS, on October 22, 2021, the Applicants requested a one-year extension 26 of time to satisfy the conditions attached to the aforesaid street closure actions. 27 28 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 29 Beach, Virginia: 30 31 That the date for meeting conditions of closure as stated in the Ordinances 32 adopted on December 1, 2020 (ORD-3645L and ORD-3646M), upon application of 33 Atlantic Park, Inc. and the City of Virginia Beach Development Authority, is extended to 34 November 30, 2022. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 37 16th day of November , 2021 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY (Adjacent GPINs: 2427-17-0853, 2427-07-7707, 2427-07-6990, 2427-07-6808, 2427-07-5863, 2427-07-5737, 2427-07-4883, 2427-07-4757, 2427-07-4802, 2427-07-3767, 2427-07-2890, 2427-17-2611, 2427-07-9524, 2427-07-3669, 2427-07-4517, 2427-07-4645, 2427-07-4691, and 2427-07-5625) APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Cit C_ Atto e v Planning a ment ftA 9 De pa �" A15417 \\vbg ov.co m\d fs 1\applications\c ityla w\c yco m 32\wpd ocs\d 022\p045\0075965 7.d oc R-1 November 5, 2021 r^ IIMII�S 1111 ii) () ill lilt ' 1 _..--- ! s 11 �-- \ ir ,..._. ... ..„. ... , {-fit •. 111111( pi-, \ A * • ... .. ., !, „ , ,...„...___ ,, , ,, _ \ i.\ 1 0 ., 4• a� - , lit*_\ \\, '.° \ All lig ' ._------- 20 ' ---;------— , v.: , 0; , / , ;', TIP ��. may._ t vi\ C1 R ( t 4. 1, o' N, \ \ C, ..,....- -- # IVO 7,, , \ 43) ,....------- \t' , A.,. . , {{ i . $�I " IP' \ OR Ai.i.,.....,,v--zz,..,..... \c..„ \ \ ,„,ii ; ______..., ..,,,,:, ., .... A.., , . , _________ _________.„ . , , , ______ , , 11 '2 ..A _ _ 1 , , ` ./ M, Q.. i.ti - lS 1/.. iM !___--- - c_ d y ____.__,.,. , „.....„ ,... ee ---'- OF: _ a 'O - 0 l ry\ \'. ----- Atlantic Park, Inc. & City of Virginia Beach Development Authority N %// Site Portion of the south side of 20th Street between w.40- 1, Pacific &Arctic Avenues & between Arctic & Baltic Avenues 01. Property_Polygons Portion of the west side of Arctic Avenue between s Zoning 19th & 20th Streets, 19th Street between Pacific & Arctic Avenues, All alleys within the block surrounded by Arctic Parking Lot Drive Aisle — m Feet Building 0 80160 320 480 640 800 960 GZN�'BE�4c J�4L City of Virginia Beach Bp OUR NAZ1�N�f VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtowerOvbgov.com DISTRICT 6-BEACH In Reply Refer to 0073463 November 16, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(I) of the Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's consideration and vote on an ordinance extending the date for satisfying the conditions in the matter of closing(1) a portion of the south side of 20th Street between Pacific and Atlantic Avenues; (2) a portion of the south side of 20th Street between Arctic and Baltic Avenues; (3) a portion of the west side of Arctic Avenue between 19th and 20th Streets; (4) 19th Street between Pacific and Arctic Avenues; and(5)all alleys within the block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets. 2. The applicant disclosed that Kaufman & Canoles is its legal services provider for this project. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 211 43rd STREET.VIRGINIA BEACH.VA 23451 Mrs. Amanda Barnes -2- November 16, 2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. ncerely, Guy K. Tower Councilmember GKT/RRI 43 ITEM— VII.J.13 ORDINANCES/RESOLUTIONS ITEM#72238 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$4,090 to the FY2021-22 Emergency Medical Services (EMS) Operating Budget re reimburse auction proceeds to the Sandbridge Volunteer Rescue Squad,Inc. Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 AUCTION OF SURPLUS EQUIPMENT TO SANDBRIDGE 3 RESCUE AND FIRE, INC. 4 5 WHEREAS, at the request of the Sandbridge Rescue and Fire, Inc., doing 6 business as Sandbridge Volunteer Rescue Squad (SVRS), the City recently auctioned a 7 vehicle formerly owned by SVRS; and 8 9 WHEREAS, the proceeds of the auction total $4,090; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH. VIRGINIA: 13 14 $4,090 is hereby appropriated, with miscellaneous revenue increased accordingly, 15 to the FY 2021-22 Operating Budget of the Department of Emergency Medical Services 16 for the purpose of providing such funds to SVRS. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of November , 2021. Requires an affirmative vote by a majority of all members of the City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ILA '^ -- udget and Management Services or y's ffice CA15578 R-1 November 2, 2021 44 ITEM— VILJ.14 ORDINANCES/RESOLUTIONS ITEM#72239 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$1.5-Million from the Virginia Department of Transportation (VDOT) State of Good Repair/Primary Extension Program to Capital Project #100401 "Street Reconstruction"re road paving projects Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL FUNDS FROM THE STATE OF GOOD REPAIR / 3 PRIMARY EXTENSION PROGRAM TO CAPITAL PROJECT 4 # 100401, "STREET RECONSTRUCTION II," FOR ROAD 5 PAVING PROJECTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $1,500,000 from the State of Good Repair/ Primary Extension Paving Program is 11 hereby accepted and appropriated, with federal revenues increased accordingly, to CIP 12 # 100401, "Street Reconstruction II," for road paving projects. Adopted by the Council of the City of Virginia Beach, Virginia on the _16 t h day of November , 2021. Requires an affirmative vote by a majority of all the members of City Council APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management 'ervices city-A e ' O ce CA15579 R-1 November 4, 2021 45 ITEM— VII.J.15a/b/c ORDINANCES/RESOLUTIONS ITEM#72240 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA)to the FY2021-22 Fire Department Operating Budget for the mobilization and cost related for Virginia Task Force 2 Urban Search and Rescue Team: a. $47,918 re protective apparel b. $64,788.15 re Tropical Cyclone Henri c. $814,071.20 re Tropical Cyclone Ida Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM FOR 5 PROTECTIVE APPAREL, MOBILIZATION AND 6 RESPONSE TO TROPICAL CYCLONE HENRI, AND 7 MOBILIZATION AND RESPONSE TO TROPICAL 8 CYCLONE IDA 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. $47,918 is hereby accepted from the Federal Emergency Management Agency 14 (FEMA) and appropriated, with federal revenue increased accordingly, to the 15 FY 2021-22 Operating Budget of the Fire Department for the purchase of 16 protective apparel for the Virginia Task Force 2 (VA-TF2). 17 18 2. $64,788.15 is hereby accepted from FEMA and appropriated, with federal 19 revenue increased accordingly, to the FY 2021-22 Operating Budget of the Fire 20 Department for the mobilization and response to Tropical Cyclone Henri. 21 22 3. $814,071.20 is hereby accepted from FEMA and appropriated, with federal 23 revenue increased accordingly, to the FY 2021-22 Operating Budget of the Fire 24 Department for the mobilization and response to Tropical Cyclone Ida. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of November , 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 and Mar C CA15580 R-1 November 3, 2021 46 ITEM— VILJ.16 ORDINANCES/RESOLUTIONS ITEM#72241 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED Ordinance to APPROPRIATE $54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds re further community support and assistance Voting: 9-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Linwood O. Branch Council Members Absent: Michael F. Berlucchi Council Member Moss provided a letter for inclusion with this item, attached to and made a part of the record. Council Member Holcomb Filed A Disclosure November 16, 2021 1 AN ORDINANCE TO APPROPRIATE $54,366,605 OF 2 AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE 3 AND LOCAL FISCAL RECOVERY FUNDS FOR FURTHER 4 COMMUNITY SUPPORT AND ASSISTANCE 5 6 WHEREAS, since March 2020, the coronavirus pandemic has impacted the 7 citizens of the City of Virginia Beach as well as the operations of the City of Virginia Beach; 8 9 WHEREAS, on March 11, 2021, the President of the United States signed the 10 American Rescue Plan Act into law (P.L. 117-2); 11 12 WHEREAS, Section 9901 (Title IX, Subtitle M) of the American Rescue Plan Act 13 created Coronavirus State and Local Fiscal Recovery Funds; 14 15 WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds allocated 16 direct federal funding to governments throughout the United States, including the City of 17 Virginia Beach; 18 19 WHEREAS, the City received allocations from both the city and county portions of 20 the Coronavirus State and Local Fiscal Recovery Funds as Section 9901 allowed that "a 21 unit of general local government that has formed a consolidated government may receive 22 a distribution under each...paragraphs..." 23 24 WHEREAS, the United States Treasury formula apportioned a total of 25 $136,429,703 to the City of Virginia Beach; 26 27 WHEREAS, in May 2021, the United States Treasury released guidance for the 28 funds under the Interim Final Rule (31 CFR Part 35, Subpart A); 29 30 WHEREAS, on May 25, 2021, the City Council established priorities for the use of 31 the City's funds and instructed the City Manager to prepare a Recommended Budget; 32 33 WHEREAS, the City Manager presented an American Rescue Plan Act 34 Recommended Budget on September 14, 2021; 35 36 WHEREAS, a public hearing on the proposed use of American Rescue Plan Act 37 funds was held on October 5, 2021; and 38 39 WHEREAS, the City Council requested dividing the recommendations such that 40 certain capital projects were adopted at the October 19th Formal Session and actions on 41 the rest of the funds would be considered at a later date. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA THAT: 45 46 1. $54,366,605 is hereby appropriated into the FY 2021-22 Operating Budget, with 47 revenue from the federal government increased accordingly. 48 2. $15,000,000 is hereby appropriated to the Grants Consolidated Fund within the 49 FY 2021-22 Operating Budget. This appropriation shall be for a grant to be 50 provided to the United Way of South Hampton Roads for VBthrive. 51 52 3. $10,000,000 is hereby appropriated to the Grants Consolidated Fund within the 53 FY 2021-22 Operating Budget. This appropriation shall be for a grant to be 54 provided to the United Way of South Hampton Roads for business relief programs. 55 Of this amount, $5,000,000 shall be set aside for the tourism, travel, and hospitality 56 industry, and the remaining $5,000,000 shall be made available for business relief 57 for all other industries in the City. 58 59 4. $5,000,000 is hereby appropriated to the Grants Consolidated Fund within the FY 60 2021-22 Operating Budget. This appropriation shall be for a grant to the Foodbank 61 of Southeastern Virginia, Inc. for mobile food services. 62 63 5. $300,000 is hereby appropriated to the Grants Consolidated Fund within the FY 64 2021-22 Operating Budget. This appropriation shall be for a special event fee 65 offset program that is modeled upon a similar program adopted by the City Council 66 on December 1, 2020. 67 68 6. $250,000 is hereby appropriated to the Grants Consolidated Fund within the FY 69 2021-22 Operating Budget. This appropriation shall be to provide reimbursement- 70 based assistance to the volunteer rescue squads located in the City to offset 71 increased current year and future pandemic related expenses borne by the 72 squads. 73 74 7. $108,800 is hereby appropriated to the FY 2021-22 Operating Budget of the 75 Department of Human Services to provide reimbursement for costs of shelter and 76 transportation for the Virginia Beach Psychiatric Center for discharged individuals 77 who lack access to housing. 78 79 8. $75,000 is hereby appropriated to the FY 2021-22 Operating Budget of the 80 Department of Human Services to provide reimbursement for services provided by 81 Health Care Services of Hampton Roads, Inc. for increased current year and future 82 pandemic related heath expenses. 83 84 9. A new capital project, #100593, "Southside Network Authority Regional Fiber Ring 85 — ARPA" is hereby established in the FY 2021-22 Capital Improvement Program 86 for the City's contribution to the Southside Network Authority to further 87 development of the Regional Ring. 88 89 10. $7,000,000 is hereby appropriated into the FY 2021-22 Operating Budget and 90 transferred, as pay-as-you go financing, to the FY 2021-22 Capital Improvement 91 Program. These funds will support Capital Project #100593 within the Information 92 Technology Section of the FY 2021-22 Capital Improvement Program. 93 94 11 . A new capital project (#100592, "Enhanced Telehealth and Case Management — 95 ARPA") to acquire and deploy technology for enhanced telehealth and case 96 management is hereby established within the FY 2021-22 Capital Improvement 97 Program. 98 99 12. $2,224,000 is hereby appropriated into the FY 2021-22 Operating Budget and 100 transferred, as pay-as-you go financing, to the FY 2021-22 Capital Improvement 101 Program. These funds will support Capital Project #PG100592 within the 102 Information Technology Section of the FY 2021-22 Capital Improvement Program. 103 104 13. A new capital project # 100607, "Little Island Park Parking Lot Improvements- 105 ARPA" is hereby authorized within the FY 2021-22 Capital Improvement Program. 106 107 14. $2,000,000 is hereby appropriated into the FY 2021-22 Operating Budget and 108 transferred, as pay-as-you go financing, to the FY 2021-22 Capital Improvement 109 Program. These funds will support Capital Project # 100607, "Little Island Park 110 Parking Lot Improvements-ARPA" within the Parks and Recreation Section of the 111 FY 2021-22 Capital Improvement Program. 112 113 15. $480,000 is hereby appropriated to the Grants Consolidated Fund within the FY 114 2021-22 Operating Budget. This appropriation shall be for a grant to the Virginia 115 Beach Community Development Corporation for life cycle improvements at 116 Scarborough Square. 117 118 16. $348,000 is hereby appropriated to the Grants Consolidated Fund within the FY 119 2021-22 Operating Budget. This appropriation shall be for a grant to the Virginia 120 Beach Community Development Corporation for life cycle improvements at 121 Westneck Village. 122 123 17. $750,000 is hereby appropriated to the Grants Consolidated Fund within the FY 124 2021-22 Operating Budget. This appropriation shall be for a grant to the Samaritan 125 House, Inc. for the development of a housing facility. 126 127 18. $1,000,000 is hereby appropriated to the Grants Consolidated Fund within the FY 128 2021-22 Operating Budget. This appropriation shall be for a grant to the Mother 129 Seton House, Inc. to assist in the construction of new housing facilities. 130 131 19. $500,000 is hereby appropriated to the Grants Consolidated Fund within the FY 132 2021-22 Operating Budget. This appropriation shall be for a grant to the Judeo- 133 Christian Outreach Center to assist in the construction of new housing facilities. 134 135 20. $3,736,200 is hereby appropriated to the Grants Consolidated Fund within the FY 136 2021-22 Operating Budget. This appropriation shall be for housing vouchers, 137 inclusive of rent and security deposits, contracted manpower, and other similar 138 housing costs for the Department of Housing and Neighborhood Preservation. 139 140 21. $5,094,605 is hereby appropriated to the Grants Consolidated Fund within the FY 141 2021-22 Operating Budget. This appropriation shall be for a one-time premium 142 payment to City full-time staff of $1,000 each and for City part-time staff of $500 143 each. The premium payments will be made to eligible members of the City 144 workforce per the United States Treasury's Interim Final Rule. This one-time 145 premium payment will exclude Council Appointees, Deputy City Managers, 146 Department Directors, Leaders of Offices that report directly to the City Manager, 147 and Constitutional Officers. Total cost to implement this one-time premium 148 payment is estimated to cost $6,380,416. The estimated difference of$1,285,811 149 is to be funded through the use of attrition savings. To accomplish this purpose, 150 the City Manager or his designee is hereby authorized to transfer savings in salary 151 or fringe benefit accounts among departments, notwithstanding other budgetary 152 controls outlined in the Annual Operating Budget Ordinance. The City Manager is 153 empowered to transfer sufficient additional funds necessary to accomplish this 154 Council enactment. 155 156 22. $500,000 is hereby appropriated to the Grants Consolidated Fund within the FY 157 2021-22 Operating Budget. This appropriation is for lease, buildout, or any other 158 physical construction, technology, furniture, and fixtures capital expenditures 159 related to the establishment of a Child Care Pilot Program to benefit the workforce 160 of the City. 161 162 23. If a program or project approved by this ordinance is determined to be no longer 163 feasible to be constructed within the timeframe allowed by the United States 164 Department of the Treasury, the City Manager or designee shall hold such project 165 in abeyance and seek direction by the City Council for an alternative use of the 166 funds or segmentation of the project to meet the applicable timeframe, or both. 167 168 24. If, at a subsequent date to this ordinance, further or refined guidance is issued by 169 the United States Department of the Treasury that disallows any of the programs 170 or projects approved by this ordinance, the City Manager or designee shall hold 171 such project in abeyance and seek direction by the City Council for an alternative 172 use of the funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of November , 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY. -41?-441.A1 Budget and Management ervices City orn 's 0 ce CA15571 R-2 November 10, 2021 American Rescue Plan Act Reconciliation List 5-Nov-21 Item Sponsor Description Dollar Amount Notes Councilmembers Berlucchi, Provision of two weeks of shelter and transportation costs for recently 1 VB Psychiatric Center Transition Wooten,Moss,and Mayor discharged patients identified as homeless at the time of their discharge. $108,800 Dyer Establishment of a pool that volunteer rescue squads can access to pay for the costs of pandemic emergency medical response expenses,including $250,000 is a placeholder; 2 Volunteer Rescue Squad Pandemic Expenses Councilmember Henley transportation.This pool can reimburse expenses incurred in 2021 and $250,000 Councilmember did not specify an can be accessed for future pandemic expenses through the American Rescue amount Plan Act's timeframe. Fund phase two of the Little Island Park Master Plan.Phase two would 3 Little Island Park Parking Lot Improvements Councilmember Henley construct 279 new spaces and a bath house on the southern end of Little $2,000,000 Confirmed amount Island Park.There are no funds programmed for phase two in CIP Project with Parks and Recreation 100249. The City Manager's original recommendation included$8.5 million for general business relief.This action adds$1.5 million to that amount for a 4 Additional Business Relief for Hospitality Councilmember Wooten total of$10 million in business relief.Of the total to be provided,$5 Restaurants are included within the p ty million is directed to provide business relief for the tourism,travel,and $1,500,000 tourism,travel,and hopitality industry hostpitality industry.The remaining$5 million is for general business relief efforts. Set-aside reserve funding for a one-time bonus for the workforce members eligible to receive premium pay bonuses through the use of ARPA funding.Additional direction is provided to the City Manager to develop Councilmember Holcomb a bonus payment recommendation for the entire workforce.Any Timeline for recommendation and 6 City Workforce Bonus Vice Mayor Wilson $5,094,605 implementation would be prior to employee not eligible to recieve payment through ARPA funding,will Mayor recieve payment through other locally funded sources.The locally funded January 1,2022. portion is estimated to cost$1,285,811 and is to be absorbed through use of attrition savings. 7 Judeo-Christian Outreach Center(JCOC) Vice Mayor Wilson Provide a one-time contribution toward the development of 38 affordable $500,000 housing units;a dining hall,and administration buildings. 8 Health Care Services of Hampton Roads,Inc. Vice Mayor Wilson Contribution to organization for reimbursement of cost associated with $75,000 mental health care services provided. 9 City Operated Childcare Vice Mayor Wilson Buildout cost for a City facility associated with the establishment of a $500,000 Childcare pilot program for the City workforce. Total Requests $10,028,405 Contingency Set Aside $10,028,405 Difference ifall funded $0 City of Virgirnia Beach f � %q9�S OF OUR NA-00 env VBgov.com LINWOOD O.BRANCH CELL:757-633-7094 COUNCIL MEMBER libranch(0)vb0ov.com DISTRICT 5-LYNNHAVEN In Reply Refer to 0073449 November 16, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to appropriate $54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds for further community support and assistance. 2. I have a personal interest in Lynn-Dee Motel,Inc.,which owns and operates the Days Inn at the Resort and related restaurant and gift shop. The corporate address of Lynn-Dee Motel, Inc. is 1000 Atlantic Avenue, Virginia Beach. 3. This ordinance would appropriate federal funds, and some of those funds are intended to provide business assistance to the hospitality industry. 4. I am abstaining from the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. (8•I'Me,rely, 1 Linwood O. Branch, III Councilmember LOB/RRI 2401 COURTHOUSE DRIVE,SUITE#281,VIRGINIA BEACH,VIRGINIA 23456 Gl�lA B 4C G s O City of Virginia. Beach c. z Za�99'Fs S Of OUR to, VBgov.com N.D."ROCKY'HOLCOMB November 16 2021 CELL PHONE:(757)416-2343 COUNCIL MEMBER , rholcomb@vbgov.com DISTRICT 2-KEMPSVILLE In Reply Refer to 0073477 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to appropriate $54,366,605 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds for further community support and assistance. Among other things, the ordinance appropriates funds for a $1000 bonus for full-time employees. The bonus includes non-sworn employees of the Virginia Beach Sheriffs Office ("VBSO")but excludes sworn employees. I am a sworn employee, so I am not eligible for the bonus. 2. I have a personal interest in the VBSO because of my employment and income received by that governmental agency. The VBSO address is 2501 James Madison Boulevard, Virginia Beach, Virginia. 3. I am able to participate in this transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Sincerely, VU /II N.D. Rocky Holc b //// Councilmember (o NDH/RRI 2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23456 47 ITEM— VILM APPOINTMENTS ITEM#72242 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION HISTORICAL REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE November 16, 2021 48 ITEM— VII.M APPOINTMENTS ITEM#72243 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER BRANCH No Term ADVERTISING ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 49 ITEM— VII.M APPOINTMENTS ITEM#72244 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER BRANCH (Representing:Lynnhaven District-5) City Council Appointed Term 11/16/2021 —12/31/2022 ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor RobertM.Dyer,BarbaraM.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 50 ITEM— VII.M APPOINTMENTS ITEM#72245 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER BRANCH (Representing:Ex-Officio—Lynnhaven District Council Member) No Term BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 51 ITEM— VILM APPOINTMENTS ITEM#72246 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: HARRYPURKEY Five year term 1/1/2022—12/31/2026 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor RobertM.Dyer,Barbara M Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 52 ITEM— VII.M APPOINTMENTS ITEM#72247 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: AL WALLACE Three year term 1/1/2022—12/31/2024 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor RobertM Dyer,BarbaraM.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 53 ITEM— VII.M APPOINTMENTS ITEM#72248 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: GA YLE COLSON CARROLLYN COX PATRICIA POINTER Three year term 1/1/2022—12/31/2024 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 54 ITEM— VH.M APPOINTMENTS ITEM#72249 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: BRIAN LARGE (Representing:Engineer) Three year term 1/1/2022—12/31/2024 WILLIAM ALMOND (Representing:Landscape Architect) JASON BARNEY (Representing:Environmental Consultant) ROBERT BOURDON (Representing:Attorney) KAREN FORGET (Representing:Environmental Consultant) CHRIS FREEMAN (Representing:Environmental Consultant) Three year term 11/1/2021—10/31/2024 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 55 ITEM— VII.M APPOINTMENTS ITEM#72250 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: COUNCIL MEMBER HOLCOMB (Representing:Alternate Member) No Term HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 56 ITEM— VII.M APPOINTMENTS ITEM#72251 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: TIMOTHY OKSMAN KATHERINE PAULSON SHARON PRESCOT JAMES B. WOOD Three year term 1/1/2022—12/31/2024 HISTORICAL PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 57 ITEM— VII.M APPOINTMENTS ITEM#72252 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: TAYLOR ADAMS (Representing:Deputy City Manager of Economic Vitality) No Term OCEANA LAND USE CONFORMITY COMMITTEE Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 58 ITEM— VII.M APPOINTMENTS ITEM#72253 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: WILLIAM ALMOND No Term PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 59 ITEM— VII.M APPOINTMENTS ITEM#72254 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: ELIF ERDOGAN (Representing: Student Member) Unexpired Term thru 8/31/2023 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 60 ITEM— VII.M APPOINTMENTS ITEM#72255 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED COUNCIL MEMBER BRANCH as CITY COUNCIL LIAISON to: PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Linwood O.Branch,Mayor Robert M.Dyer,Barbara M.Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi November 16, 2021 61 NEW BUSINESS ITEM#72256 Council Member Moss recognized Boy Scout Alex Sherman from Troop #791, who was in attendance to fulfill the communications requirement to earn a merit badge. Mayor Dyer welcomed Mr. Sherman and presented him with a City Seal lapel pin and thanked him for attending the meeting. November 16, 2021 62 ADJOURNMENT ITEM#72257 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:52 P.M. Terri H. Chelius Chief Deputy City Clerk 1 A rnda BarnerMMC Robert M. Dyer City Clerk Mayor November 16, 2021