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NOVEMBER 15, 2016 MINUTES
1rNu+• too U ti S 4. Gs 0Eo` �� OUR N01° VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 15, 2016 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL/SCHOOL BOARD JOINT BRIEFING on the FIVE-YEAR FINANCIAL FORECAST in Building 19, Tuesday, November 15, 2016, at 3:00 P.M Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None School Board Members Present: Vice-Chair Beverly M. Anderson, Chairman Daniel D. "Dan" Edwards, Sharon R. Felton, Dorothy M "Dottie" Holtz, Joel A. McDonald, Ashley K McLeod, Kimberly A. Melnyk, Carolyn T. Rye, Leonard C. Tengco and Carolyn D. Weems School Board Members Absent: Elizabeth E. Taylor 2 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 3:00 P.M. Mayor Sessoms welcomed David Bradley, Director—Management Services. Mr. Bradley expressed his appreciation to the City Council and School Board Members for their continued support and advised he would be discussing the Economy portion of the Briefing: )11 fil Pf. t ' �# Five Year Forecast Farrell Hanzaker,Chief Fi 4 David Bradley,Director of dot and , } Below is today's Agenda however, City Council and School Board Members were previously provided a 37 page document providing more detailed information: Agenda • Current Economy and Selected Economic Trends Consumer Revenues,Employment,Housing,Tourism,Military,Income and Tax Burden I • Major Revenue Trends 1 , 41 Expenditure Assumptions and Drivers tir.and Schools'Forecast and Sensitivity Analyses Expenditures and Revenues 70 f.r t. "A;, st ... `"" en a #&w,,. s. `azo', November 15, 2016 3 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Econm' „..„ s lt iau 3. 3v ?i,.Y §....e= *�*�, 70% of the Gross Domestic Product "GDP" is •in consumer spending and a reflection of Citizens and tourists. The Revenues have not fully recovered from the Recession, they are consistent with the long term averages: ll Consumer Revenues + Economic Indicator Performances.Growth Rates r; ldnL .> flogaggn Consumer Revenues �' �= General Sales -4.0% 3.3% 3.4% 5.8% Restaurant Meal Sales 0.4% 4.6% 4% 6.3% s Hotel Sales -1.3% 4.6% 3.4% 5 2% l',":: �: � 4 $2,4' zp c.:: i;fie. ...I row. ,x w t3..x November 15, 2016 4 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) The unemployment rate continues to decline and, is currently at 4.2%: Unemployment Rate 1 — 10.0%2.0% — 8.Q% .:;i01 E d 4.096 —..—._ +x `" 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015' —Virginia Beach —Virginia —US .< y Recession Recovery Long-Term Average Past Recoveries 4.2% +Y:, >**4 3% *"t't t L t!t The chart below was provided by Old Dominion University and shows the jobs restored during the Recession: ® P:,<r1n^-i 1-cyc0,-i tnq Project ''' a< Vie: 3as Months Allier Pre-Recession Peak ill ax ass% FF 2'4 3.81,4 k 2 h -t h � -1 SiY.-' —US —Virginia —Hampton Roads 01,401,7:.‘„','„.'.,,..1..., .... J@'ma" .- A c r .'4,:,„,,,,,;;4,j,-,,,,„ � � ... "' .^"':. November 15, 2016 5 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Approximately 45% of the General Fund Revenue comes from the housing market. At the peak of the Recession, short or distressed sales made-up 28%of all home sales and, more importantly, sold for about 15%below the assessed value. Today, distressed sales are approximately 11%of sales and foreclosures are currently below their pre-Recessionary levels: Housing Foreclosures as a%of their Pre-Boom-and-Bust Average II 160% w, 100% ' 81% e M+ 007 skf was:r' + ''';:.,.!,'",.`'„:':1:;..„1:54.:.,','-...'� � ' arn '-1- , ';'4,...*:',.5' _ray ',T,;"'`,n #. * t The graph below shows increases in the Average Daily Rate (ADR) rather than occupancy achieved the growth during the past ten (10) years. More wealthy visitors serve as one reason for the increase in ADR. The City has an opportunity to grow the Hotel Industry and the Convention and Visitors Bureau Staff is currently working on a proposal to bring this back for City Council's consideration: 64.0% Tourism - 111/ Occupancy Rate vs Average Daily Rate $140.00 62.0% 63.2% $126.34 $130.00 60.0% $120.00 $110.00 566082.1000% %% 8.056.8% $100.00 56.0% / $90.00 54.0% $80.00 52.0% $70.00 ri ' .0% �. $60.00 $52.58 $50.00 47 - 8 $44.00 '',.-4.•;:1;,..t,'• 87 91 95 99 03 07 11 15 Occupancy Rate —ADR 1 November 15, 2016 6 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) IMilitary Earnings as a Percentage of Total Earnings 60.0% – 53.9% 504% , 14.7% ::..:4'":::"4' ;14''- '-';'''''''', -,.=!= -,.,,,- ' ''471.,„=:**4::ia'''P'''''''''''f::'I'*i"44':::::':::;:', .1':=''.:1:=,:, The ODU Economist pointed out military salaries and benefits are approximately two (2) times higher than private sector positions and, as such, it would take two private sector jobs to replace the loss of one military position: III Military and Private Sector Average Salary&Benefits 100,000 90,000 87,843 80,000 70,000 • e I , 60,000 — 50,000 48,640 i 42,339 10,000 0,4'7,1 , 30,061 , t' d, , „••.00 01 02 03 04 05 06 07 08 09 10 11 12 1 x<" --Military —Private �� �.„ � t ��� � �s; 11'x �4::� '��" � r as x : 7t'}„ :� y'� F-,-,141N!: � s' November 15, 2016 7 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Per Capita Income is a comprehensive source of total income (not based on a small sample) in the economy and is useful to track economic trends: il Per Capita Income 55,000 51,161 50,000 45,000 P m '� .','.40,000 . _ 38,873 34,248 �=z 04 05 06 07 { }l,, .�' ..: g ', ''� -'4,--'. ,,:,. , , b f is r w Y x Median Household Income has been growing modestly at approximately 1.4%annually; however, when adjusting for inflation, it has actually declined: Median Household Income ifil75,000 70,000 67,281 65,000 58,545 - 60,000 -�-- 55,000 .--__-__ 53,681 50,000 45,000 ° .40,000 — v . . 0 m, __— k +5 06 07 08 09 10 11 12 13 14 1 '''''''•:44";:'''.14-4t." +4°. Nominal InflationAdjusted : l q November 15, 2016 8 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) From FY 2004-05 through FY 2014-15, the City's Budget grew at an inflation-adjusted annual rate of 0.57%and has decreased in real terms since FY 2009-10 by an annual rate of 1%: Total City Budget ill $1,900 — $1,830 — $1,800 — $1;763 ''' $1,700 6 y'"" $1,600 -- 3-1;560 � ti,' $1,500 -- $1,483 w, � 1,400 $1,401 X41300 '44 P ..,Fl,' 06 07 08 € 2- ,.-.. 1.a nal ± .te ',:,,,t•`,-,,4-4:,•.., s e ' x% :r S ax It ,• 1 3-1. '11 . az-s '„ z y '' r' y A heavy tax burden can weigh on economic growth. The City imposes the lowest in two important measures: Per Capita Expenditures as a Percentage of Per Capita Income and Real Estate Taxes as a Percentage of Median Household Income for Owner-Occupied Homes: Tax Burden ill Per Capita Expenditures as a%of I R.E.Taxes as a%of Median Per Capita Income Household Income Virginia Beach 6.12% 3.14% Chesapeake 7.19% 3.33% .w. i Norfolk 8.57% 3.54% ," Portsmouth 8.12% 3.50% Suffolk 7.23% 3.24% ke r Hampton 9.11% 3.54% Newport News 9.07% 3.24% ,r4 Sources:Bureau of Economic Analysis;Audkor of Public Accounts;and Census Bureau . - . < ...... .»,,.✓.m>..ifs.-v.: w..a,f ...1i�a." .;i�°w. . ..,.«'`;e..a'4� .W i '+e""" ,_ t.,w ,m...� November 15, 2016 9 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) ill if �`y. Re �.� fi � t t� yy ` •0 r, .,. Mr. Hanzaker advised research of a noted economist (Robert Shiller from Yale University) indicates that 3.35% represents the long-term average for Real Estate. Real Estate Appreciation in the City has exceeded that mark(3.52%) since record keeping began here; however, this growth does not occur in a linear manner and means the economy experiences highs and lows: Real Estate Appreciation 400 - 350 — 313.6 4,h ,250 296.7 200 106.5 150 ; 103.35 b s-`,85 88 91. 94 97 0 3 6 9 12 15 i, —iutual Growth of 3.52% --Shiner's Annual Growth Rate Af 435% 7 7,,'„ November 15, 2016 10 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Real Estate Revenue for FY2017-18 is anticipated to grow 3% which is a $16-Million increase from FY 2016-17. Beyond FY 2017-18, Real Estate is anticipated to grow at roughly 3%. Since Real Estate represents almost 50% of the General Fund's total revenue, the variance of this revenue source is especially important for the fiscal stability of the City: Real Estate II $580 $560 $557 ,ai,..-' $540 $520 '$S00 — t $480 — - - s;$46O — — $441 0 — — FY 13 FY14 FY 15 FY 16 FY17 ,.FYI. ' 'a� ''':','3 ids '`„„ '' O Budget a I i -1i . , r a " a s i te -€,' '„—--'-=`---. ,,„ – The lag in collection of Personal Property Tax effectively means Personal Property has to be estimated two (2)years ahead of the last set of trend data: Personal Property $170 $166 $165 $160 $155 ,,,$150 $149 o $145 -'elf. $140 r v' '' $135 $132 $130 -F $125 $128 ` WfY13 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 `fY21. 1 I w ;V4... —Budget —Actual ---Pt'oj, + ' :::*•,74:� "”" ;' �' ',� ., �.. -....ate ., §�4 s.;:-...„...,4',„000; A `'. ¥ ,� �,,,v' - f f, 1.s4. W m' ida`' i, #'�i -.` :VAU3$' Y '4�';' ' ''4 . ._ November 15, 2016 11 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) General Sales had been growing by about 3%per year until FY2015-16 when the Revenue increased by 5%. The Restaurant Meals Tax is anticipated to grow 4.8% in FY 2017-18 and 4% in the following years. After FY 2017-18, BPOL growth is anticipated to increase by approximately 2% as new businesses exit the two-year exemption program and begin paying for licenses. Hotel Tax Revenue has increased between 4%and 5%annually in recent years and, as such, an increase of 4.8%is expected in FY2017-18: Consumer Spending sis - $71i I General Sales % 12 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) The Schools do not feel the State is paying its fair share: School Revenues III 500 ALUE] !VALUE] [VALUE] [VALUE] [VALUE] ,T"• 400 [VALU [VALUE [VALUE [NACU- [NACU 1 300 , .. 4117! FY 19 � bi"'i k+� '"' i T§ •� zi'+rr t�.a� *'� ; ( •f, t , -.. . a.�x �"s $ ��?H"t�.r... .. Sri,a,,.,fi't*�..a ro ,':f,t. S x,n t,i`u.5, r•�i . �? On the City's side, Federal Revenue is projected to grow approximately $200,000 per year from FY 2017-18 through FY 2021-22 as a result of the uncertain impact of Sequestration. On the Schools'side, Federal Revenue is likely to decline from$12.5-Million in FY 2016-17 to approximately$12.2-Million for FY 2017-18 and then remain flat over the rest of the forecast period. The slide below shows the combined projected Federal Revenue for the General Fund and School Operating Fund: Federal ii/ $39 $37 $35 c $33 -_-.. $32 --._ -.. __ ----. $33 9 $31 } e 4,..+... a, $29 ti, # • ' 37 FY 1$ FY 19 FY 0 FY 21 "' �a <a 4 E v�` '. r i cx ice ,' Y w ,,u N, a.e i E@�- As fg+' # ,41..:;;;.--" ,e- J.4. -1 & � � s�� ^w ` s4 �� tt�T eA.y.`rr� .A M Y4 a `Y.'::?-,''',',',7'',�"tt November 15, 2016 13 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) In 2007, the State replaced all local telecommunication and cell phone taxes with a uniform 5% tax promising revenue neutrality. The tax applies only to the use of"Minutes", not "Data", on cell phones; minimal "Data" service existed in 2007 compared to now and pre paid cell phones are exempt. This is just another example of taxes not keeping up with emerging technology trends; and, if we actually achieved revenue neutrality, through a higher rate or broader application of the tax, it would generate an additional$6.1-Million annually: Change in Wireless Only Households&Va Telecom Tax 50.0% 44.1% ill 40.0% l{ r 30.0% ------ - – -- ----- _ t 20.0% , E ' 0.0% 3.3% z :2''"' 'FX04 FY05 r6 fro7 FK08 FY09 t— `r .,-, 's,r • Over the past several years, discussion has ensued about possible revenue neutral ways of restructuring taxes in Virginia. One option discussed is to expand the sales tax to include services in addition to retail sales and lowering the overall rate for tax neutrality: Growth in Services vs Retail 190 180 18338 170 L 160 _____- ,�` '150 0 140 136.82 d c 130 c 120 St.x . .110 - -_ ----_ -------- f 100 - ` , t. � 04 o5 o6 07 '39- 8 09 10 11 12 13 14 1S n —Retail —Services �r November 15, 2016 14 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) il( 1 //.: .. . 1 Expenditure Drivers and Assume 1 A „r'� This Five-Year Forecast includes separate information for the General Fund and School Operating Fund; however, a combined summary is also included. The City and Schools both budgeted 2%for pay increases for each of the five years; 2%for inflation in each of the five years and both increased health care costs 2.5%each year beginning in FY 2018-19: City and Schools' Expenditure Assumptions " 2%salary increase for City&School employees . 2%inflation for City and School budgets ,��' 4 0.101 dre cost increasing by 2.5%starting in A'2018-19 t S. "e s' -.. _At.,.• ._ . nab ..0. November 15, 2016 15 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) City and Schools use differing VRS assumptions and the Schools Capital Expenditures are flat in FY 2017-18 and increase again starting in FY 2018-19. The City's CIP includes the on-going operational costs associated with the opening of the Housing Resource Center, staffing for the Burton Station Fire/EMS Station, continuation of the four-year phase-in of the body camera program,full City funding of the twelve (12) grant funded Firefighter positions and ten (10) additional Police Officers added each year for a total of 50 through FY 2020-21: Other Expenditure Assumptions ,.: ill( , s City and Schools use differing VRS assumptions based on anticipated changes for each fund ' � , _ ••Is'capital expenditures are flat in FY 2017-18 and increase starting in ' : 19 Budget impacts from CIP projects and other Council. , 1 ,,.. B In the City's forecast ,, tt ' S°* v �` �,� � rp, 2 :Y :�.� +' _'ili. 3'''''' 'TiS rr`' : t �`� : '.2`;, -.�,' »_ ' City General Fund Baseline Forecast and Sensitivity Analysis S :, � .'''' s November 15, 2016 16 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) This General Fund Forecast is considerably more optimistic than in years past mainly due to the recovery of Real Estate, Personal Property and consumer related revenues. Last year's Five-Year Forecast included a $15-Million deficit in the first year and $18.5-Million in the final year of the Forecast. It did not include a pay increase in the assumptions. Obviously, a higher level of uncertainty exists in the future years of the Forecast. The key to any Forecast is the underlying assumptions and should they change, the surplus/deficit changes as well. The following slides provide sensitivity analyses of key variables: Baseline Forecast 51.22 $1.20 $1.1s _ $1.16 $1.14 $1.12 ------._._-_ --- „ $1.10 — � ` $1.08 ' $1.06 It FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 1 � �-Expenditures --Revenues .. ,,....,4,-,:-„,-.0., t �. a»+ FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 + $s' AIS''' .xy /Wane 44'4. 53.350 (5 721,008) (9.835,063) (15,328,533) (14,475,654) ;,il v...,t ,,,I. ., v ,- xl= ,x'5.`.ti+.+RT.-k e40-1.;y.,'- :. a.,-' µ 0. Currently, the Forecast projects an increase of 2% in the VRS Rate in FY2018-19 and another 2% increase in FY 2020-21. If the rate increases by only I%in FY 2018-19 and another 1%in FY 2020-21, the projected deficit in FY 2018-19 will reduce by$2.6-Million and the FY 2021-22 by$5.6-Million: VRS Impact $1.22 $1.19 -.. /-''' r$1.16 _ -�' o ,s m$1.13 _..... - _... -.. - $1.10 $1.07 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 -+-VRS increasing 1% -•-Expenditures -.-Revenues t«` FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 s ' `- `' Baseline forecast 53,350 (5,721,008) (9,835,063) (15,328,533) (14,475,654) , 00- VRS increase only r,- i.1% 53,350 (3,071,699) (7,132,768) (9,815,851) (8,852,718) 1 Variance 2,649,909 2,702,295 5,512,682 5,622,936 a4 November 15, 2016 17 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) The City is not assuming an increase in Health Care Rates for FY 2017-18; however,for the forecasted period it is projected to increase 2.5% every year beginning in FY 2018-19. Should Health Insurance Rates increase by 5% beginning in FY 2018-19 as compared to the 2.5% increase in the baseline forecast, the City's deficit is expected to grow by almost$1-Million in FY 2018-19 and approximately$4- Million by FY 2021-22: Healthcare Costs $1.24 $1.21II — — 0.$1.18 ------- _ --,-- ro$1.15 ---- _ -- _ - ------ 2",, $1.12 ' t 1 $1.09 `n , RFY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Healthcare Increases 5% -•-Expenditures -s-Revenues � Y FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 71 f , {,..y Baseknorvecast 53,350 (5,721,008) (9,835,063) (15,328,533) (14,475,654) 'Health increases '' g'5 96 53,350 (6,615,925) (11,692,016) (18,218,556) (18,473,906) r g Varlancu (894 17) (1,856,9$3) (2,090,029) ($.99$,252) ,,„- M The baseline Forecast estimated the inflation rate at 2%; however, should inflation increase by 3%, the City's deficit would increase by$2-Million in FY 2017-18 and$11-Million by FY 2021-22: Inflation Forecast $E _. $ c 'f -.. _..._. a $1.12 __- $1.09 - FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 yy -�-Inflation 3% Expenditures -+-Revenues '3a _FY 2017-18 FY 2018-19 FY 2019-20 P12020 21 FV 2021-22 a + -, BassBne Fontast 53,350 (5,721,008) (9,835,063) (15,328 533) (14,475,654) 4::' ''eF 1 f' Inflation 3% (1,927,217) (9,796,170) (16,118,361) (23,937,929) (25,533,683),, r , % '•Variance a (1980 367) (4 075162) (6,283 298) (8 609396) (11,058,029) November 15, 2016 18 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Real Estate is forecasted to increase from FY 2017-18 to FY 2021-22 at an annual rate of 3%. Should the City experiences an additional 1%increase over the next five years, the baseline budget for FY 2021-22 will increase by $21-Million over the original projected deficit and eliminate the projected deficit by FY 2021.-22. In addition, the Schools would receive 34.11%of the increase or approximately an additional $1.8-Million each year: Real Estate Growth of 4% $1.21 — _ ..__.. -..-_ __ _. . _- .--./ c $1:18 .._ c $1.15 ' m .gs $1.12 $1.09 ) FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 (k ' -.-Expenditures -.-Revenues -y-1%Real Estate Increase ,, ' ,C FY 2017-18 FY 2018 19 FY 2019-20 I FY 2020 21 1 FY 2021-22 a ••, Miallln�f6iipifk' 53,350 (5,721,008) (9,833,063) (15,328 533) (14,475,EC54) 4 , g..1%Real Estate . Increase in FY 19 53,350 (2,715,638) (1,461,192) (1,218,359) 6,630,664 ,,,17 40- 3,005,370 : ,373,871 14,110,174 21,106,318 ;. ,,,'",:;',,,:ii:'8 The School's Operating Budget provides for the day-to-day operations and maintenance of the division. Since more than 87%of the FY 2016-17 Budget is appropriated in the School Operating Fund, Forecast focuses on providing details about that fund: Schools' Operating Budget Baseline 1 - and Sensitivity Analysis , November 15, 2016 19 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Baseline Forecast 880 —.. ill 860 — 840 � 0 820 w a 800 '. 780 4113- ` 760 — — y " 740 a c FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 � ��� Revenue �-Expenditures n � :i;.,„-44,,,,.4.,,-,,c; �* ;—�� FY 2019-20 t k ''',=''''' s M (18 348.562) ( 9791 T; 3. ��' � ? Vis" „ In 2016, the General Assembly approved the revised accelerated rate phase in and increases of the VRS rates and,frankly, likely the single-largest budget impact across most of the School divisions in the State: Virginia Retirement System(VRS)Rates ". • The General Assembly's 2016 2018 biennial budget adopted higher VRS employer contribution rates for instructional retirement benefits than those originally planned St } a FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 €t Phut lig of VRS Rebs Agreed 79.69% 89.84% ' 89.9176 100% 100% Upon in 2012 1.11111 Session `^` Expected Employer Rates Based 14.06% 14.66% 14.66% 15.79% 15.79% 7 „ on Phase-in Schedule `�. - Empbyer Reams Based on General 14.06% 14.66% 16.32% TBD TBD,� . - Assembys 20162018 Budget , '. ` i t3 k 'A` s November 15, 2016 20 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) VBCPS is one of only a handful of public school divisions in Virginia without full-day kindergarten for every eligible student. Schools currently offer a full-day program at Title I Schools but all other elementary schools in the division have `half-day programs; however, each elementary school offers at least one Extended Day Kindergarten (EDK) class. Recent estimates for implementation total $11.2- Million, without factoring the budgetary impacts of capital outlay requirements to accommodate expanding the program across the Division (e.g. portable classrooms). The slide below illustrates the variance between the projected baseline deficit and the adjusted shortfall from a five-year phased implementation offull-day kindergarten for all eligible VBCPS students: Impact of Full-Day Kindergarten -35-25 ---_--- -._- __-_ -_ _- -_- o -15 $ -10 - --- -.. - -. -5 ' FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 It �'' . -.-Baseline Shortfall -+-Full-Day Kindergarten FV 2D17-18 FY 2018-19 FV 2019-20 FV 202021 FV 202122 i.. /aset ne Forecart (16,348,562) (18,807,979) 124,293,925) (21.367.669) (3.530.049)(3.530.049) t, 3.530.049)e.,4, '. i Full-Day Kindergarten (18,588,562) (23,287,979) (31,013,925) (30,327,669) (29,730,049) a::-,� ,;Varia ce (2.240,000) (4,480,000) (6,720.090) (9.969,990) (11,200,009) Health Insurance Rates are projected to increase by 2.5% each year for the remainder of the forecast period; however, should the rates increase by 5%beginning in FY 2018/19, the School Operating budget deficit could grow by nearly 6.7-Million in FY 2021/22: Health Insurance Rate Increase of 5 Percent -B0 -29 _._.__. _... / __-. -._-- •..--_-____... -20 E-15 -10 ..,..;.. -5 i/ 0 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 LI , ,e +Baseline Shortfall -»-Health Insurance Rate Increase(5%) FY 2017-18 FV 2018-19 FV 2019-20 FY 2020-21 FY 2021-22 ! 4l..,-.,'tt - Baseline Forecast 3638,5624 g�- t. ( , ) (18,807,979) (24,293,925) (21,367,669) (18,530,049) - Health Increase(5%) (16,348,562) (20,297,455) (27,384,589) (26,177,748) (25,184,635) F: Vt. ariance (1.489,477) (3.090,664) (4,810.079) (6,654,589) "` ); . , z '` i7'. 2 Asx .. s. ''. November 15, 2016 21 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) When combined, the total deficit increases from FY 2017-18 of$16.3-Million to $36.7-Million in FY 2020-21 and eventually declines to$33-Million by FY 2021-22: City and Schools' Combined Expenditures and III Revenues City and Schools'Surplus and Deficit FY 20 -FY/#20,21 01422t42 2017-18 FY 2019-19 FY 2019- City Surplus and Deficit 53,350 (5,721,008) (9,835,063) (15,328,533) (14,475,654) .7,7) (, ,'),.. :--I. '- 4 Combined Expenditures and Revenues *' t,aiglAret$112 :'''t10$894 tiONi404 lit4r10$016.!.,I#W.f.14k44 il+4,it'',"e-, Revenues 1,881,659,370 1,914,829,747 1,953,632,068 1,998,002,118 2,042,534,941 71i4C:„:,, Doom (16,291,212) (2029,907) (94•128048)' 'niiiiiiipill- 18$A14$07114,, ,a,,,,,,, ,.,,-„,,,,,,11 -,::::,t ‘,4i.-•'"P %-f`" ,-.1/r;,' ^ ^ -^^. ' "^* ,,,,,P.: ' • -,„&, ,, I.-4.r.t?'. '',(.,,,-,.-".!,',1,,..(,,z., •- - • •. . . ,;:$ ill Closing Thoughts . Moving towards sustainable forecasts . ,. State budget ','''''-'\.t%,. •,.-,. on the horizon? , - , -interest rate environment '- , g programs ', ...,,,, 4„: ,'‘,:'-:,'''. ....714:4,-';')V,I•I'4:n 17:.li .' '-' ' - ' ' vd,1 `', ''' '.,!*' ''''"' -"-7-7.-.",e1: ,A,...4.,..,<,-..,,,,,z, 1- - , _ •-.74,‘„., 1.,-,41,c,,:y, ,,,,..1..,::.z''',..,-,'",,,,e}!-.1:4- ' :, .'..,.,''i';•':.``',-47, l'''I''''',"*'' November 15, 2016 22 JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FINANCIAL FORECAST ITEM#66505 (Continued) Questions? , � 14 " taa" , .cam r r"a ,..,,,'$-,-----...,t.� r ��,�, a .' ��'.. 2� -$d�+} E '`'" ��>e?- r. ar.';s '{,•t .. .a3, t +:s^.2�'Fi`r '"", .$`'.. c „ Y' .,'a' Mayor Sessoms expressed his appreciation to Mr. Bradley and Mr. Hanzaker for their continued work. This portion of the meeting adjourned at 3:45 P.M November 15, 2016 23 c \Isl.. 44-4 :T.NATO VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 15, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the JOINT EXPEDITIONARY BASE LITTLE CREEK-FORT STORY UPDATE in the City Council Conference Room, Tuesday, November 15, 2016, at 3:45 P.M Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 24 CITY COUNCIL'S BRIEFING JOINT EXPEDITIONARY BASE LITTLE CREEK- FORT STORY UPDATE ITEM#66506 3:55 P.M. Mayor Sessoms welcomed Captain Daniel Senesky, Commanding Officer — Joint Expeditionary Base Little Creek-Fort Story. Captain Senesky expressed his appreciation to the City Council for their continued support: a Presentation to: City Council Virginia Beach,Virginia 15 November 2016 Captain Senesky advised he has been in the Navy for twenty-five (25)years; however, it is the first time he has been in the Hampton Roads Region as he is considered to be a "West-Coast"Sailor: 4710 A Little About Me... (tali) • Belleville, NJ • Penn State NROTC 7 - P r • 25 years of service • Surface Warfare Officer Service History: • USS PYRO • COMDESRON 23 • SWOS • USS CARL VINSON • USS HIGGINS • CNSP • USS FITZGERALD • USS GARY • CENTCOM • OPNAV x2 November 15, 2016 25 CITY COUNCIL'S BRIEFING JOINT EXPEDITIONARY BASE LITTLE CREEK- FORT STORY UPDATE ITEM#66506 (Continued) Below is an overview of Joint Expeditionary Base Little Creek-Fort Story with the Mission to "Ensure operational readiness of the nation's expeditionary forces and families": Overview • MISSION: Ensure .s operational readiness of the nation's expeditionary forces and families • 128 resident commands • Base population=23,031 T•MINS Sin LJT RAT n • 3,947 Acres,7.6 Miles Beachfront1160 ;oma soon ,. • 23 Navy,auxiliary, USCG ships gatriarat loon 'akgak, • 126 Small Craft o • 126 Training Ranges Below is an overview of the Construction Projects both ongoing and future projects for Joint Expeditionary Base Little Creek-Fort Story: Construction Projects Ongoing Projects Cost Completion - Repair Perimeter Fence FS $4M Jun 2017 - EOD Consolidated Ops Facility $39M Oct 2018 - SOFMNItii Com s Det. $13.5M Aug 2017 - SOF • ti o e $13M May 2018 - L a ily M,.._,_.. $25M Jul 2018 Fu f t Cost .Completion S� 14#. c.., -, <: ;,: u.. °1 $1.7M Jul 2018 .. 1` $24M 17tu 30143i {It 8 TItureh MOiT- 1 constriittion 410,0),contracis at November 15, 2016 26 CITY COUNCIL'S BRIEFING JOINT EXPEDITIONARY BASE LITTLE CREEK- FORT STORY UPDATE ITEM#66506 (Continued) Joint Expeditionary Base Little Creek-Fort Story has a number of essential partnerships: Essential Partnerships Oa . ✓ Preservation Virginia • Cape Henry Lighthouse • Approximately 50K visitors a year ✓ National Park Service 1 • Cape Henry Memorial Park(First Landing Site) • Annual Easter Sunrise Service ✓ Public School System/Lynnhaven Mall i • Art of Being a Military Child • I • April: Month of the Military Child ✓ Installation Training Team • Conducted more than 26 integrated training evolutions • Police,Fire Dept.,FBI,Coast Guard,Nightingale,etc. ✓ Mutual Aide(Fire Department) • Calendar Year 2015: • 199 calls supported outside fence line • 25 calls VA Beach support on base Joint Expeditionary Base Little Creek-Fort Story has outreach objectives as identified below: Outreach Objectives • Establish and maintain connections among warfighters, families, and the community • Convey the importance of the installation's mission • Showcase JEBLCFS tenant commands sit4 x 4 November 15, 2016 27 CITY COUNCIL'S BRIEFING JOINT EXPEDITIONARY BASE LITTLE CREEK- FORT STORY UPDATE ITEM#66506 (Continued) Questions? Mayor Sessoms expressed his appreciation to Captain Senesky and the entire personnel at Joint Expeditionary Base Little Creek-Fort Story for all they do and sacrifices they make on a daily basis. November 15, 2016 28 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 4:03P.M. Mayor Sessoms welcomed Lynn Clements, Director—Museums and Historic Homes and Mark Swingle, Virginia Aquarium Director of Research and Conservation. Ms. Clements showed a video highlighting the Museum's "Outstanding Non-Profit in Fundraising": Norfolk Canyon ,,mages and video primarily from NOAAOcean Explorer website Mark Swingle advised the Norfolk Canyon has a direct link in the formation of the Chesapeake Bay: Geologic History Ell 3 4 November 15, 2016 29 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 (Continued) The Norfolk Canyon is located sixty (60)miles from the mouth of the Chesapeake Bay and is made-up of deep v-shaped valleys: Norfolk Canyon • The Norfolk Canyon is very popular recreational fishing destination and is home to a number of marine mammals. Research indicates the shelf edge may be an essential habitat for species such as the Beaked Whales and Pilot Whales: Proximity to Virginia Beach • November 15, 2016 30 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 (Continued) Up until recently, the area was a mystery; however, with the technology advancement, researchers are learning more and more about this area: Mystery to Science M1 ar More than 120 species have been identified living in the Norfolk Canyon: Fishes November 15, 2016 31 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 (Continued) The Canyon is home to an amazing array of invertebrates including crabs, sea stars, octopus, squid and numerous small prey species: +rr, Invertebrates Vg t F g - .. { • Deep Sea Corals are the real stars living in the Canyon. These Corals are very abundant in the Canyons, probably more abundant than any other ocean area. It is estimated that some of the Corals may be `thousands of years old: Deep Sea Corals14, • November 15, 2016 32 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 (Continued) Deep Sea Corals • 4.0 Cold Seeps are areas where methane and other sulfides bubble up from the bottom, creating unique underwater habitats that are independent of sunlight. Cold Seeps discovered in Norfolk Canyon (nearly a mile in length)are possibly the largest in the North Atlantic: Cold Seeps Support Life Without Sunlight • w x, • yyk a . Cc November 15, 2016 33 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 (Continued) The Norfolk Canyon also provides a tremendous amount of Historic Resources: Historic Resources p i k • it-A: /'t . Below is the proposed Sanctuary Boundary: PROPOSED SANCTUARY BOUNDARY fy ` 4'.x.c: 1 I - �r I Leffand.r w.Fleet ``! -,,, ]! [666wwaJ. w.w.,ymV 1,4 'b It A . I b b lo Koom wt. A 0 U A R U +Confer of boundary•37.07010/11 1-74.021200W.0.0W.from ander•20W0. November 15, 2016 34 CITY MANAGER'S BRIEFINGS NATIONAL MARINE SANCTUARY NOMINATIONS ITEM#66507 (Continued) Sanctuary Nomination Process Mayor Sessoms expressed his appreciation to Ms. Clements and Mr. Swingle for all of their work on this Project. November 15, 2016 35 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW RECOVERY UPDATE ITEM#66508 4:30 P.M. Mayor Sessoms welcomed David L. Hansen, City Manager. Mr. Hansen expressed his appreciation to the City Council for their continued support: Hurricane Matthew City Council Brief November 15, 2(116 Below is the Hurricane Matthew Cost Update: Hurricane Matthew Cost Update • Current cost being reported for the Hurricane Matthew recovery reflect those that are above what was included in the Adopted FY 2016- 17 Operating Budget. • Salaries are not included in these costs being reported. In November,payroll numbers will begin to reflect the salaries and fringe cost related to Hurricane Matthew. November 15, 2016 36 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW RECOVERY UPDATE ITEM#66508 (Continued) The City's cost to-date is in excess of$9.5-Million, with an additional cost estimate of over$3.5-Million: Hurricane Matthew Storm Recovery Cost Department Cost Summary to date Additional Cost Notes: Estimate ; ^4 ECCS $ 13,475 - Overtime(OT) Parks and Rec- OT,supplies and contractual tree Landscape $ 89,712 ill _ removal Waste Mgmt. OT,Landfill Repair,waste disposal cost Landfill $ 639,229 01 $ 837,98012) 'k"4 ;r ”'t* $ ' • ". Operations $ 8,508,1011 $ 1,170,000121 OT,contractual pumping,debris removal P1.45' . w., _ $ 3,35$,$5 (2lJ r Comm. $ 1,417 _ Brochures,OT,mileage Public Utilities $ 110,796 $ 16,913 OT,contractual services Totals: $ 9,589,401 $ 3,575,051 1) Partially Addressed through October 18'h City Council Action 2) Requested additional cost to be funded on November 15'h City Council Agenda Should the damage go beyond the scope of the volunteer group, they will discontinue their work for safety reasons. It is the homeowner's responsibility to work with FEMA on the next steps: Recovery Active Volunteer Groups Long Term Recovery Group • • United Methodist Committee On Relief Executive Committee Forming (UMCOR) • Next Meeting 01 DEC — Bob Pihlcrantz,UMCOR:Interim • AmeriCorps National Civilian Community Chair/Director Corps(NCCC) — Jimmy Sisson,Salvation Army: • First Baptist Church of Norfolk Donations Coordinator — Bob Williams,Southern Baptist • Liberty Baptist Church of Hampton Conservative Disaster Relief:Spiritual Care Coordinator/Secretary — Chris Tan,Catholic Charities:Case Management Coordinator — Kathleen Bonfield,United Way: Treasurer/Fiscal Agent — Josh Clark,Tidewater Builders Association:Construction Management — Virginia Department Emergency Management Representative:Amanda Reidelbach November 15, 2016 37 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW RECOVERY UPDATE ITEM#66508 (Continued) Below are the numbers relative to the clean-up of Hurricane Matthew: Crisis Clean Up 1.213 ,. . m 0mma-aaa mmmnm�nammias ®a a mom norm novo aaa�aaaa•aaan�aa� ECM mMINI MEM oMr=m®oa lit=t2=1m110m0111111E21110=MN MEMO a©Mr= 0WE=WE=mmaaas>•mmmaaa© =MI aoaaaaMEM ®a surra•aaaMI norm aaao•a®® moirn. SWAM swim ma=inn=IMMO 11116M0 Affiarffillf Blat Mk WWI NW a ^sear IllittErT411111X WSW gel AU SWIM Wk..nova revrwrIsarmasrase Marl= MVP XV VI:est am myna WINS illnINN lattring Norm swim siar-rimi VW=NW Mr=NM WI sumfilitrien 61011/110 ORM 1111,1111WINwrierIa M= UMW addoraaaIEafffN aaa!UMWIN MEM ECM MIME MOMS MIMES MEM Mikrititt SWIM NINMEN The City is tracking the FEMA assistance. Currently, 1,674 registrations have been received. The registration period ends January 3, 2017: FEMA Assistance in Virginia Beach • 1674 Registrations for FEMA Assistance (as of 11 11 5 12pm) — 308 Residents Assisted at Disaster Recovery Center (as of 11/15 12pm) • $3.4 Million in Individual Assistance • 18 Disaster Survivor Assistance Team Inspectors • 80% Complete with Inspections • 60 day registration period ends 03JAN November 15, 2016 38 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW RECOVERY UPDATE ITEM#66508 (Continued) FEMA IHP Assistance Other Needs, $259,948 Total FEMA Assistance $3,490,442 FEMA-4291-DR-VA FEMA-4291-OR-VA Hurricane Matthew 6' ' As of COB 11/13/2016 ''� Individual Assistance(COB 11/13/2016) Registrations-(umolatrce Virginia Beach Sc, '" IIIIREMINIE=11111 ICH Uen 4sss m n .>m lsn 200 $3,202t245 suf H 54 1,]01 702 13,021,107!0 SUM OHRefmN GM ho. OHMaM, . MO 314 022420On OM Clui0001, �aIMW WMa 0— enw. nsw I I 0 November 15, 2016 39 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW RECOVERY UPDATE ITEM#66508 (Continued) FEMA is tracking the number of visits so they can adjust their manpower as necessary: FEMA-4291-DR-VA FEMA-4291-DR-VA Hurricane Matthew `� As of COB 11/13/2016 F`��/,7 4 ORCs Data as of COB 11/12/2016 Disaster Recovery Center]. Virginia Beach % i 1-* .• , 12 0 52 m 52 8 11.LI 1 I 0 I) 1 35 0 it'Petee '1,,,, le Ilf2 11/0 11/5 11/10 11/11 11/1. a9Nw a10Wa •1]No+ 1,1a, —lutN Nvt1 There has been an outpouring of donations for those impacted by Hurricane Matthew: Donations • 5,000+ lbs. of donated food to local fire stations — Local food pantries are handling distribution to those in need • United Way still accepting donations through VBAF • Salvation Army and Virginia Beach Amphitheatre co-hosted a donation drive Thursday • Salvation Army assisted 166 residents (68 families) with clothing, furniture and hygiene kits — FEMA staff was on site to assist — Salvation Army continues to assist families who were unable to attend distribution event with clothing and furniture November 15, 2016 40 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW RECOVERY UPDATE ITEM#66508 (Continued) Housing Update • Assisted 24 Waypoint apartment households with temporary hotel stays with United Way funds totaling $5,589. • Assisted an additional 7 Waypoint apartment households with temporary stays using City funding. Mayor Sessoms expressed sincere appreciation to City Manager Hansen and everyone that has been involved in working so hard in this recovery process. November 15, 2016 41 CITY MANAGER'S BRIEFINGS LIGHT RAIL DISCUSSION ITEM#66508 4:48 P.M. Mayor Sessoms welcomed David L. Hansen, City Manager. Mr. Hansen distributed documents entitled "Projected Light Rail Funding Available for Redistribution at November 15, 2016" and "Actual and Projected Light Rail Expenditures", a copy of each is attached hereto and made a part of this record. As of June 30, 2016, the Multi-Modal Fund had a balance of$14,976,969-Million. By the end of June 30, 2017, $15,710,723 is the estimated Revenue for Light Rail for a combined available funding of$30.687- Million. The current expenditures total $3.353-Million which leaves an estimated balance of$27.334- Million for redistribution on June 30, 2017. Also included is the projected funding for FY2018. It is important to note the expenditures do not include the potential reimbursement to the State for the right- of-way cost of$20-Million. The City has expended a total of$18.8-Million, including the Norfolk Southern right-of-way purchased years ago; but, does not include the reimbursements of$20-Million to the State or$5-Million to HRT. Council Lady Henley feels it is important to determine what the alternatives may be and believes the City Council should have already determined; however, that is a moot point at this time. The City is committed to improving transportation and it is important to begin this public process quickly as the funds are allocated for "transportation". In talking about the future health and economic development of the City, it is understood that the City will continue to grow and transit must be included for this to happen. Councilman Dyer agrees with a tremendous amount of Council Lady Henley's remarks. He feels this project lacked an overall Comprehensive Plan and that attributed to so many Citizens being skeptical. The City needs to be open-minded with the emerging technologies on the horizon and go forward with a BOLD VISION for the City's future. Council Lady Kane advised many Citizens were disheartened that Light Rail failed as the need for public transportation remains. The SGA's were built around the theory of Light Rail and the City should go back and look at these areas. She questioned whether some of the funds could go to alleviate the pay compression the City faces but feels the bulk of this money should go toward stormwater and drainage. The Citizens and neighborhoods must be protected from a repeat of Hurricane Matthew. She disagrees with Councilman Moss'Facebook post of returning the money back to the Citizens and lower the tax-rate as the City has plenty of needs. November 15, 2016 42 CITY MANAGER'S BRIEFINGS LIGHT RAIL DISCUSSION ITEM#66508 (Continued) Council Lady Wilson agrees there is no shortage of needs to keep the City safe and vibrant but would like to be advised of the costs of some of the suggested projects. The City has an underserved mass transportation system and that must be addressed. The City purchased the Norfolk Southern right-of-way which is considered to be the "spine" of the City and the City must take advantage of this property. Council Lady Wilson asked for the cost of Express Buses in conjunction with the enhanced bus services. Also, she would like the City to consider enhancing the Para-Transit services in the City to help the aging or disabled population. Councilman Uhrin advised the City has a lot to consider but wants to remind the City Council the SGA Plans appeared in the Comprehensive Plan in 2004, well before Light Rail discussions had begun. The SGA's were identified by the City for potential of redevelopment and they happen to be along a "single- route", they are silent on what the mode of transportation should be. Council-Lady Ross-Hammond feels the message was not delivered to the Citizens in a way that they understood. This was not just about Light Rail but actually many more components of transportation. This is an opportunity for lessons learned and the City to move forward in a positive manner. Councilman Wood feels it is important to not immediately say what the City is going to do with the balance of the funds and agrees with Council Lady Henley's thoughts on public process beginning sooner rather than later. The City spent ten (10)years working on Light Rail and feels it would be an injustice to spend twenty (20)minutes discussing where the remaining funds should be allocated. Council Lady Henley advised she spoke to the consulting firm that was involved in the SGA process and they reiterated the SGA's were transit-ready and not transit-dependent. There may be some broad alternatives; but, the costs need to be known. She requested Staff bring some forward possible next steps. Also, she would like to see the City host a Town Hall and ask those opponents of Light Rail what they actually would like to see happen in the City regarding transportation. Councilman Moss advised a lot like the National Election, the Light Rail decision is hard to accept but it is important to listen to the Citizens. Councilman Moss proposed six (6) different scenarios on his Facebook and agrees that a decision should not be made in haste. Councilman Moss does not feel the City should just reject the notion to de-authorize the tax rate increase for Light Rail. These specific taxes were adopted to fund Light Rail and it should be undone. When the time comes and a decision is made to move forward, then readopt a tax increase. November 15, 2016 43 CITY MANAGER'S BRIEFINGS LIGHT RAIL DISCUSSION ITEM#66508 (Continued) Council Lady Henley advised she recalls when the tax increase was adopted, it was for multi-modal transportation and not specific to Light Rail. Mayor Sessoms appreciates the discussion to make sure the City continues to grow and provide more bus service and mass transit within the City. The purchase of the right-of-way was one of the best things the City has ever done and he believes the City can work smartly to avoid having to reimburse the $20- Million to the State. November 15, 2016 Projected Light Rail Funding Available for Redistribution at November 15, 2016 Amount Funding Sources Multi Modal Fund-Fund Actual Balance at June 30,2016 $ 14,976,969 FY 17 Estimated Revenue for Light Rail Real Estate Tax (1.8 cents) $ 9,466,164 Real Estate Tax(0.34 cents from ARP) 1,788,053 Meal Tax(0.22%) 2,589,264 Automobile Licenses ($5) 1,867,242 FY 17 Estimated Revenue $ 15,710,723 Total FY 16 and FY 17 Combined Available Funding $ 30,687,692 Uses CIP Expenditures for Light Rail Transit Extension (1) $ 2,800,000 Shared Use Path (1) 553,000 Total Uses* $ 3,353,000 Amount Estimated Available for Redistribution at June 30,2017 $ 27,334,692 Projected Funding for FY 2018 Amount Real Estate Tax (1.8 cents) $ 9,781,076 Real Estate Tax(0.34 cents from ARP) 1,847,536 Meal Tax(0.22%from Open Space) 2,713,471 Automobile Licenses ($5) 1,801,294 Total Annual Revenue FY 18 $ 16,143,377 Notes: 1. Includes estimated remaining costs incurred but not yet expended * Excludes City right of way acquisition costs of$15,462,564 funded in 2010 and 2011 * Excludes potential reimbursement to State for ROW costs of$20 million Excludes impact if any of HRT funding of ROW acquisition of$5 million Actual and Projected Light Rail Expenditures ESTIMATED ACTUAL REMAINING DESCRIPTION COSTS COSTS TOTAL VBLR Extension (CIP#2092, 9011, 9081) $ 1,124,227 $1,675,773 $2,800,000 Shared Use Path (CIP#2108) 203,790 349,210 553,000 Right of Way-City Share (CIP#2301, 2186) 15,462,564 - 15,462,564 TOTAL* $ 16,790,581 $2,024,983 $18,815,564 Notes: * Excludes State contribution of$20 million Excludes potential impact of HRT funding of ROW$5 million Assumes lease of office space ends June 30, 2017 Excludes General Fund expenses of$463,000 for staff costs, financial and legal consultants 44 CITY COUNCIL COMMENTS ITEM#66509 5:17P.M. Councilman Moss requested an update at the next meeting from the City Council Liaison regarding the discussions of the possible closing of Atlantic Avenue and the Cavalier Hotel Project. He understands there was a meeting last night but the larger public has an interest in Atlantic Avenue and everyone should have the same level of information as those immediately adjacent to Atlantic Avenue. November 15, 2016 45 CITY COUNCIL COMMENTS ITEM#66510 (Continued) Council Lady Ross-Hammond attended the 2016 Alli Awards where Cegan Hinson, a student at Tallwood High School, received an award for his 500+ hours of Volunteer hours at the Little Theatre of Virginia Beach. November 15, 2016 46 CITY COUNCIL COMMENTS ITEM#66511 (Continued) Council Lady Ross-Hammond advised she attended the Historic Kempsville meeting yesterday and the City will see new historic signs for the area. November 15, 2016 47 CITY COUNCIL COMMENTS ITEM#66512 (Continued) Council Lady Wilson attended a sub-committee meeting after the recent Virginia Beach Development Authority regarding "attracting and retaining Millennials to the City". A number of Thrive Members attended, as well as former City Manager, Jim Spore, and other local business leaders in and around the City. November 15. 2016 52 ITEM#66515 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees • Appointee Performance Evaluations November 15, 2016 54 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 15,2016 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 15, 2016, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Pastor Stacy Potts Cornerstone Bible Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he 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. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. November 15, 2016 55 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway 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, 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 she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady 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 Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. November 15, 2016 56 Item—VII-E CERTIFICATION ITEM#66516 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 M ,p E. V t 16.-,, l:5 S op °UR'M,A"oNg RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#66515 Page 52 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Fraser,MMC City Clerk November 15, 2016 57 Item -VII-F MINUTES ITEM#66517 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 1,2016. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 58 Item VII—H.1 MAYOR'S PRESENTATION ITEM#66518 PROCLAMATION— World Pancreatic Cancer Day Jennifer Murphy, Volunteer Mayor Sessoms welcomed Jennifer Murphy and presented a Proclamation declaring November 17, 2016, "WORLD PANCREATIC CANCER DAY" Mayor Sessoms urged the residents of our community and communities across the country to become familiar with the symptoms of pancreatic cancer and to support the early detection and research efforts. November 15, 2016 59 ADOPT AGENDA FOR FORMAL SESSION ITEM#66519 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 15, 2016 60 Item - VII-L 1 PUBLIC HEARINGS ITEM#66520 Mayor Sessoms DECLARED A PUBLIC HEARING: On-Line Home Sharing Economy (AIRBNB)Ad Hoc Committee Recommendations The following individuals registered to speak: Jean Davis, 2972 Sand Bend Road, spoke in OPPOSITION Charles Kelly, 3316 Sandfidler Road, spoke in OPPOSITION. Joan Portnoy, 2040 Sandbridge Road, spoke in OPPOSITION. Jim Moffitt, 581 Sandbridge Road, spoke in OPPOSITION Jim Reeves, 1476 Lotus Drive, spoke in OPPOSITION Emily Palmer, 3048 Sandfiddler Road, declined to speak. Caroline Harrison, 909 Brandon Road, spoke in OPPOSITION. Elaine Fekete, 3012 Sand Bend Road, spoke in OPPOSITION Terry Stevens, 312 Shad Lane, spoke in OPPOSITION. Karen Leonard, 2912 Sandpiper Road, spoke in OPPOSITION. Kathy Davis, 2021 Smallbrooke Court, spoke in OPPOSITION. Lee Krumbein, 2584 Sandfiddler Road, spoke in OPPOSITION. Jean Siebert, 2724 Sand Bend Road, declined to speak. John Mackay, 2976 Sand Bend Road, spoke in OPPOSITION Catherine Miller, 2825 Sandfiddler Road, spoke in FAVOR. Michael Davis, 3972 Sand Bend Road, spoke in OPPOSITION Karen Thumb, 2308 Sandfiddler Road, spoke in OPPOSITION. Barbara Pfeufer, 2956 Sand Bend Road, spoke in OPPOSITION Phil Pfeufer, 2956 Sand Bend Road, did not respond. Susan Sadowski, 312 Salmon Lane, declined to speak. Patrick Kennan, 601 Sandbridge Road, spoke in OPPOSITION. Donna Macgruder, 2712 Elson Green Avenue, declined to speak. Kat Donald, 2944 Wood Duck Drive, declined to speak. Steve Macgruder, 2712 Elson Green Avenue, declined to speak. Mary Girevendeulis, 2252 Sandfiddler Road, spoke in FAVOR. Herb Jones, 2313 Sandpiper Road, spoke in FAVOR. Sarah Houck, 5032 Lauderdale Avenue, spoke in FAVOR. Tom Bucker, 2300 Sandfiddler Road, spoke in OPPOSITION Cheryl Petticrew, 308 Swordfish Lane, spoke in FAVOR. Donna Watson, 3213 Little Island Road, spoke in FAVOR. November 15, 2016 61 Item - VII-I.1 PUBLIC HEARINGS ITEM#66520 (Continued) Anders Hellstrom, 2841 Sandpiper Road, spoke in OPPOSITION. Dave Kistler, 3700 Sandpiper Road, spoke in OPPOSITION. Gail Bucker, 2404 Sandfiddler Road, spoke in OPPOSITION. Waverly Woods, spoke in OPPOSITION. There being no additional speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING November 15, 2016 62 Item- VII-J ORDINANCES/RESOLUTIONS ITEM#66521 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 2, 3(DEFERRED INDEFINITELY), 5b/c(1/2)/d/e/f/g/h and i. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 63 Item-VII-J.1 ORDINANCES/RESOLUTIONS ITEM#66522 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to DECLARE City Property surrounding the proposed location of Price Street Apartments as a Revitalization Area to qualms for Virginia Housing Development Authority (VHDA)financing Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 A RESOLUTION DECLARING APPROXIMATELY 2 91 ACRES SURROUNDING THE PROPOSED 3 LOCATION OF PRICE STREET APARTMENTS 4 TO BE A REVITALIZATION AREA IN ORDER 5 FOR THE DEVELOPER TO QUALIFY FOR VHDA 6 FINANCING 7 8 WHEREAS, pursuant to §36-55.30:2(A) of the Code of Virginia, the City Council 9 of the City of Virginia Beach, Virginia, desires to designate an area located within the 10 Pembroke Strategic Growth Area, consisting of approximately 91 acres, as shown on 11 Exhibit A attached hereto (the "Area"), as a revitalization area; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The Council makes the following determinations: 17 18 a. The industrial, commercial or other economic development of the Area will 19 benefit the City but the Area lacks the housing needed to induce 20 manufacturing, industrial, commercial, governmental, educational, 21 entertainment, community development, healthcare or nonprofit 22 enterprises or undertakings to locate or remain in the Area; and 23 24 b. Private enterprises and investment are not reasonably expected, without 25 assistance, to produce the construction or rehabilitation of decent, safe 26 and sanitary housing and supporting facilities that will meet the needs to 27 low and moderate income persons and families in the Area and will induce 28 other persons and families to live within the Area and thereby create a 29 desirable economic mix of residents in the Area. 30 31 2. Pursuant to §36-55.30:2(A) of the Code of Virginia, the Area is hereby 32 designated as a revitalization area. 33 15th 34 NovemPPted by the Council of the City of Virginia Beach, Virginia on the day of 35 2016. APPROVED AS TO CONTENT: APPROVED AS TOLEGA�L SUFFICIENCY i "KG\A.,C.---07\ Dept. of Housing and Neighborhood City Attorney Preservation CA13839 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D004\P022\00324285.docx R-1 November 2, 2016 g. i co t n . o 1 ... i �-.` ffffffff k 1 : Jf k 1 lc.171i 0 / O j a .w [p D cv Fp �.If rO;- u i / .,:tir54''''-'--7--•::'-',., i [ t!.°: (1)CrO ;k $4 t ;.--i- i & 1 I ,. �. ,- .00-7-'7I:SW kiiiit,',4t,,?, 6',niit. :;';E'-', : ,, , ,,,. ,; i i ✓n y � a 'Wn�.we+'m+�A3.RA '.` t...ir it i , q rtLR ,w _ V, I.ISV�. n ! � �� . �� 3,d7 -... ix��s: ..•a _ q� .i �.._ �.:....... eD f 40" N D✓ , A1 - "f; (D QOf t-, / \ \ 1 c/ d `*> 'f \ \ \ i z \ 1 * { + s 2j A f .F { F 'mow i. • -.. 1. _. t — 1El r `1x l _. fD1 vii N s ,„N O LAS t` N D y 64 Item-VII-J.2 ORDINANCES/RESOLUTIONS ITEM#66523 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution AUTHORIZING the City to CONTINUE its participation in the Criminal Justice Services' Certified Crime Prevention Community program Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO CONTINUE ITS PARTICIPATION IN THE 3 DEPARTMENT OF CRIMINAL JUSTICE SERVICES' 4 CERTIFIED CRIME PREVENTION COMMUNITY 5 PROGRAM 6 WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention; 8 9 WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the local level which must be recertified every three years; 18 19 WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take actions necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Crime Prevention 36 Steering Committee as the City's representative for the purpose of participating in the 37 Program. 38 15th 39 Adopted by the Council of the City of Virginia Beach, Virginia on the N 40 day of November 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: elle Police Department City /.rney's Office 7 CA13677 R-1 November 15, 2016 65 Item-VII-J.3 ORDINANCES/RESOLUTIONS ITEM#66524 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT: Resolution AFFIRMING the City Council's support of the Virginia Aquarium and Marine Science Center Foundation, Inc. 's nomination of the Norfolk Canyon as a National Marine Sanctuary Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 66 Item-VII-J.4 ORDINANCES/RESOLUTIONS ITEM#66525 Upon motion by Councilman Uhrin seconded by Councilman Wood, City Council ADOPTED: Resolution REQUESTING the General Assembly UTILIZE the City's recommendations in any Legislation considered during the 2017 Session of the General Assembly dealing with the On-Line Home Sharing Economy (AIRBNB) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO UTILIZE THE CITY'S 3 RECOMMENDATION IN ANY LEGISLATION 4 CONSIDERED DURING THE 2017 SESSION OF 5 THE GENERAL ASSEMBLY DEALING WITH THE 6 ON-LINE HOME SHARING ECONOMY 7 8 WHEREAS, the On-line Home Sharing Economy which is made up of Airbnb, 9 HomeAway, and multiple other on-line platforms allows reservations to be made in 10 homes for short term rentals; 11 12 WHEREAS, the growth in this On-line Home Sharing "economy" has grown 13 exponentially in the last five years; 14 15 WHEREAS, this economy is virtually unregulated in the City of Virginia Beach, 16 and generally across the Commonwealth; 17 18 WHEREAS, the City of Virginia Beach is committed to expanding business 19 opportunities for our residents, however, there have been many unanticipated negative 20 consequences of the Home Sharing Economy; 21 22 WHEREAS, in Virginia Beach in late April an individual was killed at a party held 23 at a Home Sharing Economy residence; 24 25 WHEREAS, the Health, Welfare, Safety, and Quiet Enjoyment of the City's 26 residents and visitors is one of the primary duties of the City of Virginia Beach; 27 28 WHEREAS, unregulated business activities of renting homes in residential 29 neighborhoods can be very disruptive to the residents and homeowners of such 30 neighborhoods; 31 32 WHEREAS, the existing hotels and bed and breakfasts in the City are required 33 to pay state and local taxes, and pass elementary safety inspections; 34 35 WHEREAS, many of the homes rented through the On-line Sharing Platforms 36 are not paying legally required taxes; 37 38 WHEREAS, to address this issue, the City Council established an On-Line 39 Home Sharing Economy Ad Hoc Committee, which has met over the last several 40 months; and 41 42 WHEREAS, this Committee has made recommendations to the City Council 43 through its presentation at a meeting on November 1, 2016. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA, THAT: 47 48 1. The Council accepts the recommendations of the On-line Home Sharing Economy 49 Ad Hoc Committee. 50 51 2. The General Assembly Delegation of Virginia Beach is requested to utilize the 52 recommendations of the On-line Home Sharing Economy Ad Hoc Committee, 53 attached hereto as Exhibit A, with respect to state any legislation to address the 54 issue during the 2017 Session of the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this 15th day of November , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I itilig 4 J City Manager's 0 ice C' , At , ne 's Office CA13679 R-3 November 8, 2016 EXHIBIT A Summary of Committee Findings to Date Recommendations relating to legislation in the General Assembly: A. Committee believes that online rentals in residential communities already exist, are widespread, and cannot be effectively eliminated (the toothpaste is out of the tube); however, the regulation of this activity should be subject to local ordinances rather than statewide control. B. Committee believes that all local taxes should be remitted directly to the locality rather than the state and that the local tax official should have the ability to audit. C. Committee believes that a requirement for appropriate insurance coverage is critical. Many homeowners may not realize that they do not have coverage for rental of their homes under their homeowners' policies. D. Committee believes that the General Assembly should grant authority to localities to promulgate health and safety requirements to address parity with other transient occupancy providers and to ensure that rental dwellings are reasonably safe. 67 Item -VII-J.5a ORDINANCES/RESOLUTIONS ITEM#66526 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to: a. TRANSFER$65,000 from the General Fund Reserve For Contingencies to the City Manager to PROCURE services and study the impact of short-term lodging on the local economy Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 CITY MANAGER'S OFFICE TO PROCURE SERVICES TO 4 IDENTIFY SHORT TERM LODGING AND TO STUDY THE 5 IMPACTS OF SHORT TERM LODGING ON THE LOCAL 6 ECONOMY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $65,000 is hereby transferred from the General Fund Reserve for 12 Contingencies to the City Manager's Office to purchase services that allow the 13 Commissioner of the Revenue's Office to identify short term lodging and to fund a coastal 14 impact study of short term lodging. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of November 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4001-1141 1,4,( Kevin Chatellier Dan. 'armeyer Budget and Management Services City Attorney's Office CA13681 R-1 November 2, 2016 68 Item -VII-15b ORDINANCES/RESOLUTIONS ITEM#66527 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: b. APPROPRIATE$1,501,607 and TRANSFER$2,525,000 to support the Hurricane Matthew Recovery Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO APPROPRIATE $1,501,607 AND TO 2 TRANSFER UP TO $2,525,000 TO SUPPORT THE 3 HURRICANE MATTHEW RECOVERY EFFORT 4 5 WHEREAS, the City of Virginia Beach needs the ability to efficiently and effectively 6 cleanup the City in the wake of Hurricane Mathew; and 7 8 WHEREAS, as a result of the storm the Department of Public Work's has incurred 9 cost that without additional resources programmed services will be negatively impacted; 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 1) $477,209 is hereby appropriated from the Waste Management Specific Fund 15 Reserve to the Waste Management Fund's FY 2016-17 Operating Budget. 16 17 2) $1,000,000 is hereby transferred from the Waste Management Reserve for 18 Contingencies to operating accounts within the Waste Management Fund's FY 19 2016-17 Operating Budget. 20 21 3) Transfers are hereby authorized from the following sources to Public Works FY 22 2016-17 General Fund operating budget: 23 24 a. $700,000 from the General Fund Reserve for Contingencies 25 b. $600,000 from the Energy Fuel Reserve 26 c. $225,000 from the Replacement of Totaled Vehicle Reserve 27 28 4) $1,024,398 is hereby appropriated from the fund balance of the General Fund 29 to the Department of Public Works FY 2016-17 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP • ED AS TO LEGAL SUFFICIENCY: 5A,:z ..414 David Bradley : .na Ha meyer Budget and Management Services City Attorney's Office CA13885 R-1 November 9, 2016 69 Item-VII-J.5c(1/2) ORDINANCES/RESOLUTIONS ITEM#66528 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: c. APPROPRIATE$16,754,643 to the School Reversion Fund: (1) $10,000,000 to the School Reserve Special Revenue fund to address the anticipated operating Budget shortfall in FY 2018 (2) $6,754,643 to the Schools Operating Budget in the amounts of (a) $2,700,000 to provide the funding gap for FY17 employee compensation (b) $2,116,415 to purchase buses and other vehicles (c) $809,625 for a match for wireless network upgrade (d) $154,670 for replacement vehicles (e) $500,000 for the Technology Initiative; "Access for all Students" (1 $473,933 for electronic door access at schools Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO APPROPRIATE FY 2015- 2 15 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on November 1, 2016, the School Board adopted a resolution 5 requesting the City Council appropriate funds that lapsed and reverted at the end of FY 6 2015-16 and funds that exceeded anticipated revenue estimates for FY 2015-15; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $16,754,643 is hereby appropriated in the FY 2016-17 Operating Budget 12 from the fund balance of the General Fund in the amounts and for the purposes set 13 forth below: 14 15 1. $10,000,000 to the School Reserve Special Revenue Fund (098) to address 16 the anticipated budget shortfall in FY 2017-18 and other unanticipated 17 emergencies; and 18 19 2. $6,754,643 to the Schools Operating Budget in the amounts set forth below: 20 • $2,700,000 to provide the funding gap to pay for FY17 employee pay 21 raises; 22 • $2,116,415 to purchase buses and vehicles; 23 • $809,625 for a match for wireless network upgrade; 24 • $154,670 for replacement vehicles; 25 • $500,000 for the technology initiative "Access for all Students"; and 26 • $473,933 for electronic door access at schools. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tici) David Bradley Dana armeyer Budget and Management Services City A ttorney's Office CA13683 R-1 November 3, 2016 1 ° School Board of the City of Virginia Beach ` ` Daniel D.Edwards District 2-Kempsville Chair �''��� � � ��U��UNA��BEA�����yPUB�C SCHOOLS o�e�M ��cm�*��������r '-` ' CHARTING THE COURSE Sharon R.Felton,District 6-Beach School Administration Building#6,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Joel A.McDonald,District 3-Rose Hall P.0.Box 6038 Ashley K.McLeod,At-Large Virginia Beach,VA 23456 Kimberly A.Melnyk,District 7-princeoxn"e (757)263-1000 Carolyn T.Rye,District 5-Lynnhaven MISSION STATEMENT Elizabeth E.Taylor,At-Urge The Virginia Beach City Public Schools,in partnership with the entire community,will Leonard C,Tengco,District 1-Centerville empower every student to become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4-Bayside and engaged citizen within the global community. Aaron C.Spence.cu�o,supe,intcodc,� -___ RESOLUTION REGARDING FY 2015/16 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS WHEREAS,on September 20, 2016,the School Board was presented with a summary of the unaudited financial statement for FY 2015/16(year-ending June 30,2016)showing the reversion amount to the City's General Fund;and WHEREAS,the estimated funds available for re-appropriation is$15,583,197;and WHEREAS,the City is currently indicating an FY 2015/16 revenue actual over budget of the revenues included in the Revenue Sharing Formula of which the Schools portion is$1,171,446;and WHEREAS,the net reversion funds available for re-appropriation is$16'754'643;and WHEREAS,the Administration recommends the following for the available funds in the amount of$16,754,643: • $2,700,000 to the Operating Fund 115(spread across all categories)to cover the 1.34%employee raises effective 12/1/16 • $2,116,415 to the Operating Fund 115-Transportation Category to purchase 21 replacement school buses,3 additional Special Education buses,and 4 other vehicles • $809'625 to the Operating Fund 115-Technology Category as a required['Rate local match for wireless network upgrade in remaining schools. This will generate$l'Zl4'439in['Ratefunds ! • $154,670 to the Operating Fund 115-Operations& Maintenance Category for replacement vehicles • $500,000 to the Operating Fund 115-Instructional Category for the technology initiative Access for All Students • $473,933 to the Operating Fund 115-Operations and Maintenance Category for electronic door access at schools • $10,000,000 to be re-appropriated to the School Reserve Special Revenue Fund to cover expected revenue shortfalls in the FY 2017/18 Fund 115 School Operating Budget;and NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2015/16 Reversion and Revenue Actual Over Budget funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2015/16 Reversion and Revenue Actual Over Budget funds shown above;and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and the Clerk of the Board is directed to deliver a copy of this resolution to the N1oyo,,each member of City Council, the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this dayof ember 2016 � �dwand ��ro- DChairma �- SEAL _ ur ---___- -- Aaron C. Spence,Superintendent Attest: atix-:4-•,/.~ P- Dianne P.Alexander,Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 Ceor9e Mason Drive I PoBox wosn I Virginia BeachVirginia as+aounoo ' ' ��v����s.com 70 Item -VII-J.5d ORDINANCES/RESOLUTIONS ITEM#66529 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: d. APPROPRIATE$175,000 to provide an interest-free loan to the Ocean Park Volunteer Rescue Squad Inc.for the purchase of ambulances and related gear Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE OCEAN PARK 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE 4 PURCHASE OF AMBULANCES AND RELATED GEAR 5 6 WHEREAS, the Ocean Park Volunteer Fire and Rescue Unit, Inc., ("Ocean Park 7 Rescue Squad") has requested an interest free loan of $175,000 to purchase two 8 ambulances and related gear with an estimated total cost of$175,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $175,000 is hereby appropriated from the fund balance of the 14 General Fund for an interest-free loan to the Ocean Park Rescue Squad 15 for the purchase of ambulances and related gear; and 16 17 2. That this loan is to be repaid by Ocean Park Rescue Squad over ten (10) 18 years, pursuant to the terms of the attached agreement and promissory 19 note. 15th Adopted by the Council of the City of Virginia Beach, Virginia on the day of November 2016 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 c, 4 J Kevin Cha ellier I - -- ►arm-yer Budget and Management Services City A ttorney's Office CA13674 R-1 October 26, 2016 c%ON P4 Cr � . Ill , \ Sit FINE?$ 3769 E. Strafford Rd. Virginia Beach, VA 23455 October 12, 2016 Chief Edward Brazle Virginia Beach Department of Emergency Medical Services 477 Viking Drive, Suite 130 Virginia Beach,VA 23452 Dear Sir: Ocean Park Volunteer Rescue Squad (OPVRS) is formally requesting a City of Virginia Beach loan in the amount of$175,000 to complete the purchase of an ambulance to replace Unit 146437. (VIN 1FVACVDD45HU29774)which is a 2004 Type I Ambulance on a Medium Duty Freightliner FL-60 chassis. Additionally,these funds will be used to add and fully outfit a fourth ambulance for the OPVRS fleet. This will be accomplished with the acquisition of a pair of 2008 Wheeled Coach used ambulances which were formerly in service with the Richmond Airport Fire Department. These funds will cover the purchase cost of both of these ambulances and all of the equipment required to outfit and place into service a fourth ambulance including LifePak monitor, computer systems, PowerPro stretcher and PowerLoad lift systems. We anticipate that the ambulances have seven years of useful service left in them while the remaining equipment has a functional life of ten years. At this time, OPVRS is current on one outstanding loan with the City of Virginia.There is $41,152.80 remaining on that loan. Our hope is that you will consider this request favorably. It would be our intention to repay the loan in full within ten years in 10 equal annual base payments of$17,500.00 plus any interest or handling fees the City may require. Respectfully, 7-17 Gerald L. Kerr President Ocean Park Volunteer Rescue Squad Agreement between the City of Virginia Beach and Ocean Park Volunteer Fire and Rescue Unit, Inc. THIS AGREEMENT is made and entered into this day of , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and OCEAN PARK VOLUNTEER FIRE AND RESCUE UNIT INC., a Virginia nonstock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles and related gear, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of vehicles and related gear. B. Provide standardized equipment required for operations within the City, including, but not limited to,mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicles. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicles through the CITY's Public Works Department Automotive Services Division, so long as the vehicles remain CITY-insured vehicles. The Public Works Department Automotive Services Division shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicles according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicles are sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicles, 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Public Works Department Automotive Services Division for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicles in accordance with the manufacturer's recommended maintenance schedules and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicles shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicles, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicles' fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. OCEAN PARK VOLUNTEER CITY OF VIRGINIA BEACH FIRE AND RESCUE UNIT INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $175,000 Virginia Beach, Virginia 2016 FOR VALUE RECEIVED, Ocean Park Volunteer Fire and Rescue Unit, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before December 1, 2017 - $17,500.00 On or before December 1, 2018 - $17,500.00 On or before December 1, 2019 - $17,500.00 On or before December 1, 2020 - $17,500.00 On or before December 1, 2021 - $17,500.00 On or before December 1, 2022 - $17,500.00 On or before December 1, 2023 - $17,500.00 On or before December 1, 2024 - $17,500.00 On or before December 1, 2025 - $17,500.00 On or before December 1, 2026 - $17,500.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). OCEAN PARK VOLUNTEER FIRE AND RESCUE UNIT INC. (SEAL) Title: Date: 71 Item -VII-J.5e ORDINANCES/RESOLUTIONS ITEM#66530 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: e. ACCEPT and APPROPRIATE a$12,852 Grant for Four-for-Life Emergency Medical Services training Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FOUR- 2 FOR-LIFE TRAINING GRANT FUNDS TO THE FY 2016-17 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $12,852 is hereby accepted from the Virginia Department of Health, Office of 10 Emergency Medical Services Four-for-Life Training Program, and appropriated, with 11 estimated state revenues increased accordingly, to the FY 2016-17 Operating Budget of 12 the Department of Emergency Medical Services to fund a portion of the costs of three EMS 13 training classes. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ___(_,,,.w ( if, _ ' ' L,--> // Ke in Chatellier --Etn armeyer Budget and Management Services City Attorney's Office CA13675 R-1 November 3, 2016 72 Item -VII-15f ORDINANCES/RESOLUTIONS ITEM#66531 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: f ACCEPT and APPROPRIATE a $289,817 Grant for the Commonwealth Attorney's Victim Witness Program and TRANSFER $151,918 to AUTHORIZE Grant funded positions Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE VICTIM WITNESS 3 PROGRAM IN THE OFFICE OF THE COMMONWEALTH'S 4 ATTORNEY, TO TRANSFER FUNDS, AND TO AUTHORIZE 5 3.4 GRANT-FUNDED POSITIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $287,817 is hereby appropriated with the following revenue adjustments and 11 actions taken: 12 a. $421,191 of federal funding is accepted, with revenue increased 13 accordingly; and 14 b. $133,374 in estimated State revenues is reduced. 15 16 2. Additional grant funded positions totaling 3.40 FTEs are authorized for the Victim 17 Witness Grant Program as follows with the understanding that if the grant 18 funding decreases, respective reductions in FTEs will be made: 19 20 a. Victim Witness Caseworker I Part-time 0.225; 21 b. Victim Witness Caseworker I Part-time 0.725; 22 c. Victim Witness Caseworker I Full-time 1.000; 23 d. Victim Witness Caseworker I Part-time 0.725; 24 e. Victim Witness Caseworker I Part-time 0.725. 25 26 3. The FTEs authorized herein are conditioned upon continued grant funding. 27 4. Two full-time Victim Witness Caseworker positions and related funding of 28 $151,918 are hereby transferred within the FY 2016-17 Operating Budget of the 29 Office of the Commonwealth's Attorney to the Victim Witness Grant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 15tlday of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 f 4, — r , Kevin Chatellier D-na -rmeyer Budget and Management Services City Attorney's Office CA13676 R-1 October 28, 2016 73 Item-VII-J.5g ORDINANCES/RESOLUTIONS ITEM#66532 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: g. ACCEPT and APPROPRIATE $505,845 from the Virginia Department of Agriculture and Consumer Services to reimburse the City for a portion of the cost to ACQUIRE a Preservation Easement at 1620 Princess Anne Road(ARP) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 • 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $505,845 FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE CITY FOR A PORTION OF THE 5 COST TO ACQUIRE A PRESERVATION EASEMENT 6 7 WHEREAS, as a result of the Intergovernmental Agreements authorized by City 8 Council on February 24, 2015 and February 2, 2016, the Virginia Department of 9 Agriculture and Consumer Services approved reimbursements totaling $505,845 for a 10 portion of costs the City incurred in purchasing the agricultural preservation easement 11 for the 1907, LLC property. 12 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $505,845 is hereby accepted from the Virginia Department of Agriculture 17 and Consumer Services and appropriated, with estimated state revenues increased 18 accordingly, to the FY 2016-17 Operating Budget in the Agriculture Reserve Program 19 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a 20 preservation easement. 15th Adopted by the Council of the City of Virginia Beach, Virginia on the day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 ,AerJ Kevin Cha ellier D. • - - mey-r Budget and Management Services City Attorney's Office CA13684 R-2 November 4, 2016 74 Item -VII-J.5h ORDINANCES/RESOLUTIONS ITEM#66533 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: h. ACCEPT and APPROPRIATE$999,000 from the Virginia Department of Transportation Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION PRIMARY EXTENSION PROGRAM 4 TO PUBLIC WORKS FY 2016-17 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $999,000 in State revenue is hereby accepted from the Virginia Department 10 of Transportation and appropriated to Public Works FY 2016-17 Operating Budget for 11 road paving. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ) f David Bradley meyer Budget and Management Services City Attorney's Office CA13680 R-1 November 2, 2016 75 Item-VII-J.5i ORDINANCES/RESOLUTIONS ITEM#66534 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to: i. TRANSFER$282,000 and AUTHORIZE a Grant to the Lynnhaven River NOW for an Education and Community Outreach program Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AUTHORIZE A GRANT TO LYNNHAVEN RIVER 3 NOW FOR AN EDUCATION AND COMMUNITY 4 OUTREACH PROGRAM 5 6 Whereas, the City of Virginia Beach has partnered with Lynnhaven River NOW 7 to support Pearl Communities, advocacy, and restoration in the Lynnhaven River, Little 8 Creek, and Elizabeth River watersheds. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $282,000 is hereby transferred from the FY 2016-17 General Fund Reserve 14 for Neighborhood Dredging to the Department of Planning. 15 16 2. That a grant of $282,000 to Lynnhaven River NOW is hereby authorized to allow 17 the development of an education and community outreach program. 18 19 3. The City Manager is authorized to execute a grant agreement between the City 20 and Lynnhaven River NOW, provided the grant agreement is reviewed for legal 21 sufficiency by the Office of the City Attorney, the agreement is consistent with the 22 proposal given to the City on November 3, 2016, and the agreement requires 23 reporting of all expenditures of grant funds and audit of such expenditures by the 24 City. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &kJ-IA.4) 1' J David Bradley I : :1f!rmeyer Budget and Management Services City Attorney's Office CA13682 R-4 November 7, 2016 LYNNHAVEN River NOW November 3, 2016 Barry Frankenfield City of Virginia Beach, Director of Planning 2405 Courthouse Drive Virginia Beach,VA 23456 Dear Barry, Please find attached the Lynnhaven River NOW Grant Proposal for the City Of Virginia Beach. Also attached is a spreadsheet that breaks out the costs summarized in the Grant Proposal. We present this proposal to further our Partnership with the City of Virginia Beach in the areas of environmental education and outreach,advocacy, and restoration begun by Lynnhaven River NOW and the City in 2002. During the past fourteen years,we have accomplished remarkable improvements in water quality as well as restoration of vital marine habitats. And we have educated tens of thousands of Virginia Beach citizens about the critical importance of caring for their river. Despite these accomplishments, many challenges lie ahead for Virginia Beach as we strive to meet the increasingly strenuous requirements of the TMDL program and our MS4 Permit, as well as implementation of our own Sustainability Plan,Oyster Heritage Plan, and the US Army Corps of Engineers Restoration Plan. Our waterways are central to our way of life in Virginia Beach. We appreciate the priority that the City has established for restoring and protecting those waterways and know that even more can be accomplished as we continue to work together. Sincerely, Andrew S. Fine Founder and Co-Chair (I( I 67!14. Harry T. Lester Founder and Co-Chair Brock Environmental Center, 3663 Marlin Bay Drive, Virginia Beach, VA 23455 www.LRNow.org 757-962-5398 Lynnhaven River NOW Grant Proposal for the City of Virginia Beach Revised November 3, 2016 Introduction Lynnhaven River NOW's (LRNow) Restoration, Advocacy, Pearl School, Pearl Faith Community and new Pearl Business Programs are designed to educate and engage the community in ways that will reduce the quantity of stormwater and reduce the pollutants in our stormwater. Our two efforts, LRNow and the City, are complementary. There are many things that Lynnhaven River NOW can do to help the City improve water quality, restore our marine ecosystems and engage the community in these efforts. And there are resources and opportunities that the City can provide that further our shared goal of clean, healthy waterways. This partnership has worked well for both organizations. LRNow is a flexible, pragmatic and creative organization able to perform tasks at a fraction of the cost the city would incur and some tasks that would be impossible for city staff to perform. During the past decade we have worked together to • open 44% of the Lynnhaven River to shellfish harvest. • establish a No Discharge Zone in the Lynnhaven. • build 63 acres of sanctuary oyster reef and substantially increase our native oyster population. • move from an annual loss of wetlands to an annual gain in wetlands. • enroll over 2,500 families in our Pearl Home program. • regularly air public service announcements regarding responsible practices on VBTV. • institute a dynamic and successful scoop the poop campaign throughout the city. • promote excellent environmental education programs in all of our public and private schools and to recognize 78 Pearl Schools creating new generations of environmental stewards. • educate congregations and facilitate improved stormwater management in our Pearl Faith communities. • assist waterfront property owners with improved shoreline management practices. • develop strategies for protecting and preserving our valuable marsh islands. • establish responsible environmental management as a priority for all residents of Virginia Beach. • educate thousands of Virginia Beach residents. Together, we have been a leader in the region and many of our programs have been emulated by others. Our few, but important, public positions on the Asian Oyster, preservation of Pleasure House Point, light rail, off-shore drilling, and menhaden harvest limits have had valuable impact. As proud as we all should be of these accomplishments, many equally difficult challenges lie ahead. Finding solutions to sea level rise and increased flooding that also contribute to improving water quality is a major challenge. Meeting increased regulatory demands in ways that do not stifle economic growth and the vitality of our community and continuing to engage the community in understanding and supporting the work that is necessary, and the increased funding that may be needed to support that work, are all areas where LRNow can continue to support and complement the work of the city staff and city leadership. As our programs and outreach have continued to grow and expand to include the entire city, so has the cost of administering those programs. We are requesting a city grant to provide critical funding to allow us to continue these successful and effective programs. These funds will be supplemented with other grant funding, volunteer man hours, and individual and foundation donations. This funding will allow us to continue to grow the excellent programs 1 that have produced the significant accomplishments of the past decade and will help our city to continue to meet the challenges of the next decade and be the cleanest, greenest city on the East Coast all at a fraction of the potential cost of a city program. Background Information Lynnhaven River NOW, formerly Lynnhaven River 2007, was established in 2002 to work toward a clean and healthy Lynnhaven River. For fourteen years, our work has been guided by the following strategic objectives: 1. Identify and reduce sources of pollution in the Lynnhaven River. 2. Restore vital habitat like oyster reefs, wetlands, riparian buffers, and underwater grasses. 3. Educate and engage the community and partner organizations in this work. For fourteen years, Lynnhaven River NOW (LRNow) has provided community education and outreach opportunities regarding restoration and protection of our Virginia Beach waterways teaching and inspiring residents to take steps to improve water quality in our Virginia Beach waterways. LRNow has successfully executed previous contracts with the City of Virginia Beach, Public Works: PWCN-08-0294, 2005-2008 PWCN-09-0227, 2009-2011 PWCN-11-0262 and PWCN-11-0262D, 2011-2016 These previous contracts included all of the following in the scope of services supported: Lecture Series and Symposiums: General Lecture Series City Watersheds Symposium General Citizen Workshops: Oyster Habitat Education Sub-Aquatic Vegetation Habitat Education Landscape Practices including Nutrient Management, Buffer Gardens and Rain Gardens Citizen Stormwater Education Pearl Homes Program Wetlands Workshops Publications: Newsletters Educational Publications: Development, Printing, Distribution, and Mailing Presentations to Community Organizations School Programs Internet Notifications and Information Facilitation of Public Involvement Committee Participation No Discharge Zone Public Involvement Vegetated Buffer Restoration and Wetlands Board Policy State Clean Marina Program Adopt-A-Waterway Program Coordination of Restoration Projects Annual Reporting 2 Capability and Skills LRNow was established in 2002 and is a non-profit corporation in the state of Virginia and has an IRS 501(c) designation. LRNow currently has eight employees, four full time and four part time, in the following positions: • Executive Director • Education Program Coordinator ' Pearl Home and Pearl Faith Community Coordinator ' Pearl Home and Pearl Faith Community Assistant • Restoration Coordinator • Oyster Scientist • SOS Program Technician • Administrative Assistant We also work with hundreds of volunteers. Between July 1, 2015 and June 30, 2016, we recorded 3,606 volunteer hours contributed to our various education, outreach, and restoration efforts LRNow is governed by a Board of Directors: Co-Chair and Treasurer Andrew Fine Co-Chair Harry Lester President Robert Wells Secretary Karen Forget Robert Miller Lillie Gilbert Cathy Coleman Maston Dave Jester Richard Serpe Brent James Steve Herbert Gene Ross LRNow provides services throughout the City of Virginia Beach, Our annual budget is approximately $650,000. All of our work is focused on the City of Virginia Beach. Personnel who will be assigned to these projects include: 1. Karen W. Forget, Executive Director BA Purdue University; MA College of William and Mary; Certificate of Non-Profit Management, Tidewater Community College, Center for Non-Profit Excellence. Forty-four years of experience as an educator and non-profit director. Karen Forget's responsibilities include oversight of all contract and grant work work, management of the budget, and responsibility for all reports. In addition, she manages the staff, our various committees and serves on several other boards and committees. She also manages our fundraising activities including applications for other grant funds. 2. Pam Northam, Pearl Home and Pearl Faith Community Coordinator BA Baylor University; MA University of Texas. Thirty years of experience as an educator in both formal and informal education roles. Pam Northam's responsibilities include coordination of our Pearl Home, Pearl Faith Communities, and Pearl Business programs. Pam is our primary community educator. 3 3. Emily Bodsford Hatfield, Pearl Home and Pearl Faith Community Assistant BS Old Dominion University. Two years of experience in community education and communications Emily Hatfield assists with all community education efforts and manages communications for LRNow including our website and social media outreach. She also coordinates our Citizen Scientist water quality monitoring program and our monthly River Cleanups. 4. Trista Imrich, Restoration Coordinator BA Ohio State University; MS American Public University, Virginia Certified Horticulturalist. Five years of experience in environmental outreach, estuary restoration, and landscape design. Trista Imrich coordinates all landscaping, buffer, and living shoreline projects, and manages our native plant programs. She does the property assessments and recommendations for shoreline, habitat and stormwater management improvements. 5. Laurie Carroll Sorabella, Oyster Scientist BA Wesleyan University; MS Virginia Institute of Marine Science, College of William and Mary. Twenty years of experience in Oyster and Estuary Restoration. Laurie Sorabella coordinates all oyster restoration projects including the oyster castle projects with waterfront property owners. She is managing the NFWF grant that will enable us to build a 1.5 acre reef in the Eastern Branch of the Lynnhaven in spring, 2017, our research project on the denitrification potential of sanctuary oyster reef with Virginia Institute of Marine Science, and coordinates our spat catcher program. 6. Jody Ullmann, Pearl School Coordinator BA, University of Minnesota. Certified as a Virginia Master Naturalist Trainer, Project Learning Tree, Project WET, Project WILD, Project FLYING WILD, Project AQUATIC WILD, and WOW Instructor. Thirty-five years of experience in formal and informal education with the National Park Service, museums, school systems, and non-profits. Jody Ullmann manages our Pearl School program, teacher and parent education, field activities for students and teachers, and outreach and education for children and parents. 7. Dana Sizemore, Administrative Assistant High School diploma. Three years of experience with LRNow as an administrative assistant. Dana manages our office, assists the public, and assists with programs as needed. Reporting We will provide quarterly reports to the City Council on all activities provided under this grant. At the end of the grant period, we will provide a summary report of all grant activities. 4 Proposed Services To Be Provided: LRNow has offered very successful community education programs in Virginia Beach since 2002. During that time, we have built a strong network of partners throughout the city and have demonstrated the capacity to provide high quality and effective education and outreach programs that engage residents in reducing pollutants from their own properties and helping to restore vital habitat that are essential to the health of our Virginia Beach waterways. Pearl Faith Communities Virginia Beach has 700 faith communities and each has responsibility for a building and grounds and has a congregation who desire to be good stewards of our environment, but often do not know how to do that. The goal of this program is to educate the congregation and provide them with the assistance that they need to develop a sustainability plan for their grounds and their buildings. We will engage the Faith Communities through the following activities: 1. Providing at least 10 presentations/workshops/educational activities to faith community groups annually. 2. Management of the Faith Community enrollment process and awards of the banners. 3. Provide an annual gathering for all Virginia Beach Faith Communities to increase awareness of the program. 4. We will provide an annual day long workshop for representatives from faith communities to learn more about best management practices and implementing them within their community. 5. Coordinate at least 3 landscaping projects annually on faith community properties to promote better stormwater management. 6. Promote the benefits of rainwater catchment and install at least 10 rain barrels on Faith Community properties annually. 7. Educate faith communities on waste reduction principles: Reduce, Reuse, Recycle, Rethink, and implement recycling programs in at least 5 faith communities annually. 8. Maintain a Facebook and website presence providing support for best practices in our Pearl Faith Communities. 9. Send a mailing to every identifiable faith community in Virginia Beach introducing our Pearl Faith Community program. Pearl Schools The goal of the Pearl School Program is to encourage excellent environmental education in all of our Virginia Beach public and private schools. We will engage students, teachers and their families through the following activities: 1. Provide at least 6 workshops annually for teachers and parents. 2. Continue to increase participation in the Pearl School program until all Virginia Beach public and private schools are engaged. Currently, there are 78 schools in this program. 3. Facilitate community participation in the planning and implementation of the Pearl School program. 4. Manage and implement the Growing Wetlands in the Classroom program with 50 schools annually. 5. Provide at least 15 presentations to Virginia Beach schools annually. 8. Facilitate at least 15 field activities for students and teachers annually. 9. Provide a Junior Master Naturalist program for Virginia Beach students. 10. Maintain a Facebook and website presence providing support for excellent environmental education. 5 Pearl Businesses The goal of the Pearl Business Program is to help both small and large businesses in Virginia Beach understand how they can change their practices in ways that will both improve stormwater management on their property. This is a new program that will be developed and launch during the next year. The following will be accomplished to launch this new outreach and education program. 1. Develop program goals, materials and implementation plan for small businesses. 2. Develop program goals, materials and implementation plan for large businesses. 3. Provide at least 10 presentations to business networks and business associations during the first year. 4. Distribute 1000 copies of the Pearl Business program materials for small businesses. 5. Develop and implement a new section on our website devoted to best management practices for small and large businesses. 6. Enroll 10 small businesses and one large employer in the program during the first year. 7. Send a mailing to at least 500 businesses and business associations introducing the Pearl Business Program. 8. Maintain a Facebook and website presence promoting sustainable practices for businesses. Advocacy The goal of our advocacy efforts is to support good environmental policy at the local and state levels and to facilitate the conversation between the citizens and our elected officials. We are an advocate for City initiatives including but not limited to the Oyster Heritage Plan and the Sustainability Plan. We accomplish this through: 1. LRNow staff participation on a variety of local, regional and state boards including but not limited to: a. Green Ribbon Committee b. City of Virginia Beach Clean Waters Task Force d. Mayor's Energy Advisory Committee e. HRPDC HR Green Committee f. HRPDC Native Plant Working Group g. Virginia Forever, General Board h. Virginia Conservation Network, Board of Directors i. Interagency Oyster Restoration Committee 2. Maintaining partnerships with a number of community groups including but not limited to: a. Council of Garden Clubs b. Council of Civic Organizations c. Resort Advisory Commission d. Bayfront Advisory Commission e. Virginia Beach Native Plant Society f. Friends of Live Oaks 3. Facilitating four meetings annually of representatives from all partner organizations. 4. Working with the Virginia Aquarium and Coastal Zone Management to develop and implement a marine debris program. 5. Working with Coastal Zone Management and the HRPDC on design and implementation of a native plant marketing strategy for Hampton Roads. 6 Restoration LRNow will seek grant funding and coordinate with partner organizations including the City of Virginia Beach and community volunteers to design, fund and coordinate implementation of restoration efforts in our Virginia Beach waterways including but not limited to oyster restoration, wetlands restoration, living shorelines, and riparian buffer restoration. We accomplish this through: 1. Consultation visits to private properties to assess and advise on drainage issues and shoreline management options. 2. Facilitation of the annual oyster survey to collect data on all of our sanctuary oyster reefs. 3. Facilitation of oyster castle shoreline projects on private property. Actual permitting and construction costs are paid by the property owner. 4. Facilitation of restoration projects including living shorelines, oyster reef and oyster castle shorelines, reforestation and water friendly landscaping practices on public properties. 5. Working with the USACE and the City of Virginia Beach to acquire the areas necessary to complete the USACE Lynnhaven Restoration Plan. 6. Partnering with the Virginia Institute of Marine Science to complete the oyster reef denitrification study that will help establish sanctuary oyster reef for TMDL credit. 7. Working with the city and consultants on the establishment of the City Trust Fund. 8. Continuing our marsh island sustainability research. Funding Requested (see breakdown on attached spreadsheet) Program Area Grant LRNow Volunteer Total Program Request Matching i and Intern Cost Funds Match General Overhead Expenses $ 8,000 $ 34,800 $ 42,800 Pearl Faith Communities $ 61,549 $ 34,900 $ 12,000 $ 108,449 Program Pearl Schools Program $ 55,371 $ 65,700 $ 30,000 $ 151,071 Restoration Projects $ 89,480 $ 35,400 $ 22,000 $ 146,880 Advocacy $ 24,440 $ 17,560 $ 5,000 $ 47,000 Pearl Business Program $ 43,160 $ 14,840 $ 10,000 $ 68,000 ANNUAL COST $ 282,000x $ 203,200 LL $ 79,000 $ 564,200 7 76 Item—VII-K PLANNING ITEM#66535 1. ESTATE OF JAMES M. BOYCE VARIANCE 2. ANN RIGGS HENLEY/RICHARD RIGGS SUBDIVISION VARIANCE 3. OCEAN BREEZE HOLDING,LLC MODIFICATION OF CONDITION 4. FRANKLIN JOHNSTON GROUP CONDITIONAL CHANGE OF MANAGEMENT ZONING 5. OCEAN BAY HOMES,INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT COMPREHENSIVE PLAN 6.DONNA HOUSE CONDITIONAL USE PERMIT 7. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 November 15, 2016 77 Item-VII-K PLANNING ITEM#66536 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items 1, 2, 3(MAYOR SESSOMS ABSTAIN), 4, 5a/b/c(MAYOR SESSOMS ABSTAIN), 6 and 7 of the PLANNING AGENDA Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 78 Item—VII-K.1 PLANNING ITEM#66537 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and CONDITIONED, Ordinance upon application of ESTATE OF JAMES M. BOYCE BY SHARON SIMON(EXECUTRIX),for a Variance to Section 4.4 (b) of the Subdivision Regulations re single family dwellings at 4472 Lee Avenue DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ESTATE OF JAMES M. BOYCE BY SHARON SIMON(EXECUTRIX),for a Variance to Section 4.4 (b) of the Subdivision Regulations re single family dwellings at 4472 Lee Avenue (GPIN 1570701909)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary Plat entitled, "RESUBDIVISION OF LOT 18-A RESUBDIVISION OF LOTS 16, 17 and 18, BLOCK 2 AMENDED MAP CHESAPEAKE SHORES M.B. 187, PG. 43" dated June 15, 2016, and prepared by Stephen I. Boone and Associates, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. When the property is redeveloped, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on the thirteen (13)photographs in the "Proposed Dwellings Photographs" exhibit attached to the Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of November, Two Thousand Sixteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 ' ... ..... r I ,,-------- -.'"%.4 ...f.'. e.........y• ,-, ...... ... I" ) ? .. ..,. , / i ._. /,.. ,' .1 IL ,. 1__,..... ' 4 t ,., i ILII__a_:Iirr- ------'----. ita,----_-_ ..,„ 4 i e------7 ...... i r . "1'.., / r------ 1 1 ,1 Apien f -----.-- ,, .7 %IF ---------- ? 1 , - 4.., .L.... ...... ,I,sz ____I-________ A/, ------7 * . i lt:..;714 " 'e ' ' ---__ i i t-ia. ' a ,_,_ 1 -___. ED , --`) 4;Ar4 L i ---___„ 20 -------L___,, „- i ), 1 Nh.... ... . ,-__---, 1 '---1 ' `-----_, (-----1 '-------. 76.":7 *,-...._,• '---,, .....; .., ....-Li_j 1..... i ,, 4k...7 '---- -,, ' ..-- gri17---"-------"' f- Z-- Lef ra er,,,rx •-.., , , ir—W-I .. , ,54- b.. 24 f------------7 ir--1-_____., i L._ , --.1 ,,,,,t, vz ,,,, ,„,1 t / ,,,; :-:" f- ------r ,t . i----_-____I / ,, i r 2 .4fittf,44/-t: I ; 4 -4_1 I ii„1 7' Itirr'N' r r. • '-- i I r , f--------7 ...,,.„,.. a i - v ..' , I ---__:;if i U - i 41----/ . , lie CD IZ 1 ,.._,-..., r ' ....,•_r 7 To i e --- _...,_ t.-. 5 L., .......„.....„,,, ce f t , ,7 ~ 1.-------ii Iii b.if -"-L.,... 1" _,.-1 (-1.---. rf :' -_- 4 ----I .._ r ------- --7 ,, 4., f1.1 ,.._.,_ ----z I t' I ....... , t to4 j I -----7 -:::d ---I 1 ,- ,...., L --:-:-1 l .-- - 79 Item—VII-K.2 PLANNING ITEM#66538 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of ANN RIGGS HENLEY/RICHARD RIGGS for a Variance to Section 4.4 (b) of the Subdivision Regulations re two lots at 3120 Colchester Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ANN RIGGS HENLEY/RICHARD RIGGS for a Variance to Section 4.4 (b) of the Subdivision Regulations re two lots at 3120 Colchester Road (GPIN 2423317404) DISTRICT 7— PRINCESS ANNE The following conditions shall be required: 1. The subdivision of the parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY OF FRANCES MOYER RIGGS (Instrument No 20160520000426770)" dated June 23, 2016, and prepared by Stephen I. Boone and Associates, P.C. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A note on the Plat shall indicate that Lot A-4 is a non-buildable parcel. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of November, Two Thousand Sixteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 I all \IIIIIIIII\\/1 NNI14\111441Nr / (19 7 .. ,, y 0 r 0 V 4,„1011141,..11 ,Q Nish„.. , %'\,,• - •- _I/ L24.7"ftlor .c7 (:b 0 •Q . 42.41 j . b q n W CSII * 1 v (11191 , a Ti" 1 :f2t E=3 1 (,19 C1 I _____ 0 0 ^ 80 Item—VII-K3 PLANNING ITEM#66539 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of OCEAN BREEZE HOLDING, LLC for a Modification of Condition No. 8 re outdoor recreation for musical events at 849 General Booth Boulevard DISTRICT 6—Beach BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEAN BREEZE HOLDING, LLC for a Modification of Condition No. 8 re outdoor recreation for musical events at 849 General Booth Boulevard (GPIN 2416752982) DISTRICT 6—Beach The following conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on June 23, 1986, and the subsequent modification of conditions granted on February 26, 1990, April 23, 1990,June 11, 1991, November 26, 1991, and April 14, 1992, shall be deleted and replaced with the conditions below: 1. All drainage improvements shall be designed to minimize runoff into Owls Creek and its tributaries through the use of on-site storm water management facilities. Porous pavement material for all surface parking areas shall be required,provided that the underlying soil is suitable. Riprap shall be used at all outfalls, unless otherwise approved by applicable City Staff. 2. Recreational use of Owls Creek shall be prohibited from this site. There shall be no boating on Owls Creek associated with this operation. 3. Pedestrian access to properties Zoned P-1 Preservation District shall be limited to only the pedestrian bridges and the scenic overlook. 4. All lighting shall be low level and directed toward the interior of the park. 5. There shall be no public address system other than for background music and emergency announcements. 6. Mechanical rides and other activities shall only operate between the hours of 10:00 AM to 12:00 Midnight. No motorized rides or noise disturbing activities shall be permitted after 12:00 Midnight. 7. Musical events shall be limited to four (4)per year and shall conclude by 11:00 PM. Any temporary stage and speakers shall be oriented away from Owls Creek and shall be removed within 48 hours of the conclusion of an event. 8. The waterslide depicted on Page Seven (7) of this report shall be located in substantial conformance with that exhibit, shall be no taller than 100 feet and shall be subject to Section 202 of the City Zoning Ordinance. 9. Existing healthy, mature trees on the property shall be preserved to the maximum extent possible. 10. No freestanding sign shall be permitted with the public rights-of-way, unless otherwise authorized by the City Council or by the Department of Public Works, as applicable. November 15, 2016 81 Item—VII-K.3 PLANNING ITEM#66539 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of November, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None November 15, 2016 I' 1 ........ ., ...., ... . WM. L-----f' ON - (7i2 ..- 72P _ l' • I *-----_ ..,....; .., Li , ..... \N #t- 1 _4:,,,!,•?'"' 4,,. ,..... D(1 r am It \ ' CNI S9404\No, a3 1/4 Nco i1/4\ N\ \\%,„.1, ,,.. ,,,,,,,. -• NIIII" r-7 Os LI (-7 i----- N r . *1 ,.. ../ 1 .11111 4 L -NI .,4,0 okr acl ... ic) 1,.. a r.:. , ...__. lic v „ _3 likh, _el, z ---ii a Ln 1-7 '--7= ''..- 1.,_ J ' J_, 1 1 „ , \.% 4Glr1IA BEE0 City of VIr iriia I beach r` 44-4, 044 OpOUR NAS'ONS VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059273 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 November 15, 2016 wsessorrs@vbgov.com Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Ocean Breeze Holdings, LLC for a modification of a conditional use permit to allow the replacement of an existing waterslide with a new 95-foot tall waterslide for the property located at 849 General Booth Boulevard. 2. The applicant, who is also property owner, has disclosed that TowneBank is a financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, 61//d/ illiam D. Sessoms Mayor WDS/RRI/DRH �,�Z11A..BFAC- -�� . 3415'.11.,4 `4 r °' 0, 44, ,1 3 t a, City of Virginia Beach �r T v„ T.-LiocR Nm0 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0059274 November 15, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Ocean Breeze Holdings, LLC for a modification of a conditional use permit to allow the replacement of an existing waterslide with a new 95-foot tall waterslide for the property located at 849 General Booth Boulevard. 2. The applicant, who is also the property owner, has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 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, 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- November 15, 2016 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 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. Sincerely, Rosemary A. orlson RAW/RRI/DRH 82 Item—VII-K.4 PLANNING ITEM#66540 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED as PROFFERED, BY CONSENT, Ordinance upon application of FRANKLIN JOHNSTON GROUP MANAGEMENT/DEVELOPMENT,LLC./ABP VA,LLC for Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment District at 200 Price Street re the Pembroke SGA Plan DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FRANKLIN JOHNSTON GROUP MANAGEMENT / DEVELOPMENT, LLC. / ABP VA, LLC for Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment District at 200 Price Street re the Pembroke SGA Plan (GPIN 1467925752)DISTRICT 4—BAYSIDE The following conditions shall be required. An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of November, Two Thousand Sixteen. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 r I \ ,,,:::•/$1•::::•,-.,:-/:..> 'II<-:::::::,-;.,, 1-- .„ , %Inn_ E, 1 im, .,..• ..___-_„.1,... �..f-•'j}'L-r^J,"`'•-"r j/,�'+•.;}d. 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L 34 9 t0 r:;.tr::°: . _ 3 r n' , r . `;'t,`,*=., CITY OF VIRGINIA BEACH � �� ' 1 '4: INTER-OFFICE CORRESPONDENCE ks -v..ar-�a e- 0 \e,.(iiii 5 OF OU;,NPT\ON In Reply Refer To Our File No. DF-9577 DATE: November 3, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso'y DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 15, 2016. I have reviewed the subject proffer agreement, dated July 16, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this 6th day of July, 2016, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, L.L.C., a Virginia limited liability company("F&J", to be indexed as grantor); ABP VA (VIRGINIA BEACH), LLC, a Delaware limited liability company ("ABP") (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the "Grantee",and to be indexed as grantee). WITNESSETH: WHEREAS, ABP is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified as GPIN No. 1467-92-5752-0000 (the"Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS,F&J is the contract purchaser of the Property; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from I-1 to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such GPIN NOS.: 1467-92-5752-0000 28020156v1 conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed in substantial compliance with the conceptual site plan prepared by Cox, Kliewer&Company, entitled"Price Street Apartments", and dated February 9, 2016 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial compliance with the exhibit prepared by Cox, Kliewer & Company, entitled "Price Street Apartments", and dated February 26, 2016 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of three-hundred seventy(370). 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the 28020156v1 2 required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by F&J, F&J shall succeed to all rights and obligations of the "Grantors" under this Agreement, and ABP shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder ofpage intentionally left blank.] 28020156v1 3 [Page Intentionally Left Blank. Separate Signature Pages Follow.] 28020156v1 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. F&J: Franklin Johnston Group Management &Development, L.L.C., a Virginia limited liability company B • 1rg/i Na • - W I 6 n6 Title: C13 COMMONWEALTH/STATE OF 11 VO\two—, CITY/COUNTY OF iii 2o,: , " is-wit: The foregoing instrument was acknowledged before me this day of uA .1, , 20\t , by `' L;i ,` > -1 (\ V 0i*\,i who is personally known to me or . prd ced as identification, in his/her capacity as of Franklin Johnston Group Management& Development, L.L.C., on behalf of the company. Notary Public My Commission Expires: Registration No. > \-1 , s iC REG.11353975 [NOTARIAL SEAL/STAMP] COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEB 28,2017 28020156v1 5 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. ABP: ABP VA (Virginia Beach), LLC, a Delaware limited liability company By: "P t: Name: h ltQnk, L ea ( Title: i?(l ►Q r 1V)r_P Ptes,c1 eri I- COMMONWEALTH/STATE OF &tin IQ CITY/COUNTY OF &wIy1 o-wit: The foregoing instrument was acknowledged before me this 03 day of i15t , 20 (p , by, ii_9_4_m_tedgil who is personally known to me or has,� pry�duced as identification, in his/her capacity as '1►►�(`hick Pl`5'6f ABP VA (Virginia Beach), LLC. 0,,,t& is t6IYYLkrz Noic My Commission Expires:-46o /) f Registration No. [NOTARIAL SEAL/STAMP] 0 '�UNII1 i IIIlpI�'II .4. JUNE N:. * 11 2018 eir.. • FIT •3\/�VQ� // 241R1,Pv ```�� 28020156v1 6 Exhibit A Legal Description of Property ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, and all appurtenances thereto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL Al" on that certain plat entitled "SUBDIVISION PLAT OF PARCEL A (M.B. 243, P. 61) VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20070523000696800. 28020156v1 7 83 Item—VII-K.5a/b/c PLANNING ITEM#66541 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, as PROFFERED and CONDITIONED, BY CONSENT, Ordinance upon application of OCEAN BAY HOMES,INC./3744 SHORE ASSOCIATES,LLC for.: a. Conditional Change of Zoning from B-2 Community Business to Conditional B-4 mixed use re the Shore Drive Overlay to consolidate parcels for residential use b. Conditional Use Permit re multiple family dwelling at 3736/3744 Shore Drive c. Comprehensive Plan: Suburban Focus Area 1, Shore Drive Corridor,proposal for eight units DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEAN BAY HOMES, INC. / 3744 SHORE ASSOCIATES, LLC for: a. Conditional Change of Zoning from B-2 Community Business to Conditional B-4 mixed use re the Shore Drive Overlay to consolidate parcels for residential use b. Conditional Use Permit re multiple family dwelling at 3736 / 3744 Shore Drive c. Comprehensive Plan: Suburban Focus Area 1, Shore Drive Corridor,proposal for eight units (GPINs 1489399034& 1489490053)DISTRICT 4—BAYSIDE The following conditions shall be required: a. Conditional Change ofZonin,.: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court b. Conditional Use Permit: 1. Prior to final Site Plan approval, a Landscape Plan shall be submitted during the Site Plan Review Process that reflects the plant material and placement depicted on the submitted Landscape Plan entitled "CONCEPTUAL PLANTING PLAN " dated June 30, 2016, prepared by WPL, is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said Plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four (4)feet if adjacent to a right-of-way and no taller than six (6)feet if adjacent to private property. Fence columns shall be constructed with brick and/or parged C.M.U. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final Site Plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final Site Plan approval. November 15, 2016 84 Item—VII-K.5a/b/c PLANNING ITEM#66541 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None November 15, 2016 Iv/ \ \ ----------\. : _..,, ' '''' 'L t. t. r-,tire `''�, ,� ' _.� OC f,, !r CSII r- y V /j till, 3��,�1 1 t L'"s' , 'N ,„,,,,,..'....F2-'-'-,, elia„ 1�-,firk,� ; r �. r' ih§lh 1141 L.,,,,::,,,,;:::1,:::,',, i‘4., (,,,, .,,44,4f 1-,,... oe --...........,..„ ,---..Af-:.t.P / -----Lo ,....,..,..„ . ,,.., est r ,.,,,...„, ,,- .. ,--_,..:, - r`. � � ,,. .....„ . . i.,..„-..,. .L....,,,,,, S ~ 1 ; � �.�-.:;:,..;::::',.:1::,, i'..,-.(..,,,_ Y day CO �1 , r. 1 f A:. i s r_, f z: ," i ., 4 4:;-:1 ''''''''''4;21:11"-P.'f'1:4''.. . ''',..‘ •'.'.::.;*15':::';':"L;:lr71,,,'...:L'', .,_ .„, - .' -.(I S I /441 ` _ f'"l:Ilcsil i �' R' S r '''..''..'A co , r:,,r,,,:„ ■■ to ft ! -yt i {" J &,,,,.,„jW. ...1 '� , 1-.q1.1.-4' ell +, 'fir:f �i; �t _ �«IA•BEA, -.1`' ',-0.=';:.,',.); ,,...t, ,,,,,,,,, 8v.:Loie:40-6, 46n J CITY OF VIRGINIA BEACH O'� INTER-OFFICE CORRESPONDENCE 'P4-SOF OUR In Reply Refer To Our File No. DF-9707 DATE: November 3, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso '`►' DEPT: City Attorney RE: Conditional Zoning Application; Ocean Bay Homes, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 15, 2016. I have reviewed the subject proffer agreement, dated June 30, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom OCEAN BAY HOMES, INC., a Virginia corporation 3744 SHORE ASSOCIATES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of June, 2016,by and between OCEAN BAY HOMES, INC., a Virginia corporation, Grantor, party of the first part; 3744 SHORE ASSOCIATES, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately .558 acres, which are more particularly described as Parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the"Property"; and WHEREAS, the party of the first part is the contract purchaser of the parcels described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from unconditional B-2 Community Business District to Conditional B-4 Resort Commercial District(SD); and GPIN: 1489-49-0053 (Lot 6A) 1489-39-9034 (Lot 7A) Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-4 Zoning District and the Shore Drive Overlay District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, and building layout, the exhibit entitled, "SITE IMPROVEMENT PLAN, MULTI-FAMILY SITE PLAN EXHIBIT", dated June 3o, 2016, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Concept Plans") shall be substantially adhered to. 2 2. When the Property is developed, vehicular ingress and egress shall be via one (i) entrance from Roanoke Avenue. 3. The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the two (2) exhibits entitled "BUILDING ELEVATIONS" Sheets C-3.o and C-3.1, dated June 30, 2016, compiled by WPL ("Elevations") and on the four (4) perspectives entitled "shore dr. & roanoke ave." (a) "corner elevation", (b) "south elevation", (c) "east elevation" and (d) "rear elevation", dated 30 june 2016 ("Renderings"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be cement fiber siding, vinyl clad railings, columns and accents, architectural shingles, with the water- table feature and masonry fence columns to be a matching combination of brick and/or parged c.m.u. 4. When the Property is developed, there will be no more than eight (8) residential condominium units as depicted on the Concept Plans. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: 3 (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Ocean Bay Homes, Inc., a Virginia corporation By: /���., (SEAL) / � :e'.- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 30th day of June, 20316, by Brian C. Large, President of Ocean Bay Homes, Inc., a Virginia corporation, Grantor. Yook C5PCUYIIL Notary Public My Commission Expires: LD€. ..31,aOaO CynthiaCommonvmaift d Viola Notary Registration Number: ''T I(oa,0'1I ra COMMilMofIyues OMNI 5 WITNESS the following signature and seal: Grantor: 3744 Shore Associates, LLC, a Virginia limited liability company By: (SEAL) Garret A.Alcaraz, M er STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 69'e' day of , 2016, by Garret A. Alcaraz, Member of 3744 Shore Associates, LLC, a Virginia 1 d liability company, Grantor. SUSAN K ATKINSON 1t' NOTARY PUBLIC 7680109 f "%1= Y .: ' COMMONWEALTH OF VIRGINIA Gil4tr) < 141-04-1 \ MY COMMIIIIPN k,X0111€6 MAtI13H 91,PON Notary Public My Commission Expires: 0161 .9) Notary Registration Number: 7(,S 01 1)5 6 EXHIBIT"A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 6A, as shown on that certain plat entitled, "Plat Showing Resubdivision of Lots 6 through 9 inclusive, Block 26, Ocean Park, Section 'Jr,which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 293,at Pages 52 and 53. GPIN: 1489-49-0053 PARCEL 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 7A, as shown on that certain plat entitled, "Plat Showing Resubdivision of Lots 6 through 9 inclusive, Block 26, Ocean Park, Section B"',which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 293,at Pages 52 and 53. GPIN: 1489-39-9034 H:\AM\Conditional Rezoning\Ocean Bay Homes\3744 Shore Drive\Proffer.doc 7 I a�4G1t.V1A BEAC45'-L < � City of Vir i i i I leach R A c OF OUR NMI VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059272 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 November 15, 2016 wsessoms@vbgov.com Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Ocean Bay Homes, Inc. for a Conditional Change of Zoning and a Conditional Use Permit for property located at 3736 & 3744 Shore Drive and owned by 3744 Shore Drive Associates, LLC. 2. The property owner has disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, /hi William D. Sessoms Mayor WDS/RRI/DRH 85 Item—VII-K.6 PLANNING ITEM#66542 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of DONNA HOUSE / NORTHAMPTON EXECUTIVE CENTER, LLC for Conditional Use Permits re tattoo parlor at 1300 Diamond Springs Road DISTRICT 4—BAYSIDE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DONNA HOUSE/NORTHAMPTON EXECUTIVE CENTER, LLC for Conditional Use Permits re tattoo parlor at 1300 Diamond Springs Road(GPIN 1469115141)DISTRICT 4 —BAYSIDE The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate Sign Permit shall be obtained from the Planning Department for the installation of any signage. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Fifteenth day of November, Two Thousand Sixteen. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 _i L --j— __— * gr. lir' Noil.. ‘ Cc--10 , M----1 10° , ,. 1- '-'- ,4- ':".. • 0,:,14. 4,....., '4.'°':,-,,-',;4--k17;1;;'('::,:',,.44ti„1,.!41173tf411%--1-- A. ,,,,,, 4,„ , i s —‘:".7'%1: A;4"•::-t",:t' -ZA'si ','*7-,,,-114.'''" VI-U-4 tt,g, .,. •r4k. .,,,,... 11 1:„.4-$., It t . , .,(0,, . TA • a 1- , ,,,,t, , „,,,,, A , V:': %,e, INN,, , 1 '''. • , • , /-.4. i ...4.4* M . \ \ , ,- kl ' 441‘,9.1 07' 4\ _.”' 00000•••••••,••••••• ,- NI • - '''\ -.' `. i IC- Ca _ --- C ' 411444%\ ,4*b oi u ,,- ,i.r.,. --%. i .,,,t, 411011511...".--- • .._ "i''',, _.... 41 III, —....... 1* (NI I M 0 T... \ 86 Item—VII-K.7 PLANNING ITEM#66543 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND Sections 1001 of the City Zoning Ordinance(CZO)pertaining to Fiber-Optic Transmission Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 1 AN ORDINANCE TO AMEND SECTION 2 1001 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO FIBER-OPTIC 4 TRANSMISSION FACILITIES 5 6 Section Amended: City Zoning Ordinance § 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1001 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 233.15. — Fiber-optics transmission facilities. 18 19 In addition to general requirements, fiber-optics transmission facilities shall be 20 subject to the following requirements, which shall be deemed to be conditions of the 21 conditional use permit: 22 23 (a) All equipment shall be located within a fully-enclosed building; 24 25 (b) Minimum lot area shall be twenty thousand (20,000) square feet; 26 27 (c) All lighting shall be directed toward the interior of the site and shall be designed 28 so as to shield adjacent properties from light and glare; and 29 30 (d) Where adjacent to a residential or apartment district without an intervening street, 31 alley or body of water greater than twenty-five (25) feet in width, a minimum 32 fifteen-foot setback shall be required along all lot lines adjoining such residential 33 or apartment district, and Category IV landscape screening shall be required 34 unless otherwise specified in the conditional use permit. No building or structure 35 or vehicular parking surface shall be located within such setback. 36 37 . . . . 38 39 COMMENT 40 41 This section is provided for reference only. 42 43 Sec. 1001. - Use regulations. 44 45 (a) Principal and conditional uses. The following chart lists those uses permitted within 46 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective 47 industrial districts shall be permitted as either principal uses indicated by a "P" or as 48 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 49 prohibited in the respective districts. No uses or structures other than as specified 50 shall be permitted. 51 Use I-1 1-2 Fiber-optics transmission facilities meeting the requirements of Section 233.15 GP GP 52 COMMENT 53 54 This amendment will allow fiber-optic transmission facilities as a permitted use in the I-1 55 and I-2 Zoning Districts if they meet the requirements of Section 233.15, which are the 56 requirements for a fiber-optic transmission facility as a conditional use. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of November , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ai, SP / (faibla4 p dVictiedi e • --_ Planning Depart e City Attorney's Office CA13815 R-2 August 31, 2016 2 87 ITEM VII-L APPOINTMENTS ITEM#66544 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY POLICY AND MANAGEMENT TEAM—CSA HEALTH SERVICES ADVISORY BOARD RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINAL BEACH COMMUNITY DEVELOPMENT CORPORATION- VBCDC November 15, 2016 88 ITEM VII-L APPOINTMENTS ITEM#66545 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: THOMAS ATHERTON,HI RUTH W.BELL JIMMIE A.KOCH MORTON H.SAVELL SCOTT F. COLE STEVEN KOZIOL MICHAEL G. SWINDELL JAMES S. WITCHER CHRIS ETTEL RICHARD C. HUDSON,HI MARK RICKETTS KENNETH RODMAN,JR. RICK SAVINO ROBERT L. YODER GRIFFITH BRINKLEY TRAVIS CHICK RICHARD S. CORNER PETER C.STRIFFLER JAMES D. WELLS Two year term 01/01/2017-12/31/2018 BUILDING CODE OF APPEALS Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 89 ITEM VII-L APPOINTMENTS ITEM#66546 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: TONEY REEVES—CONSUMER PATRICIA ALSPAUGH—FAMILY MEMBER Three year term 01/01/2017—12/31/2019 COMMUNITY SERVICES BOARD-CSB Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 90 ITEM VII-L APPOINTMENTS ITEM#66547 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DOROTHY WOOD One year term 01/01/2017—12/31/2017 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 15, 2016 91 Item -VII-O ADJOURNMENT ITEM#66548 Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 7:30 P.M. ;11140/411/ Amanda Finley-Barnes, MMC Chief Deputy City Clerk ' h Hodges F'ser,MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia November 15, 2016