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Home My WebLink About04-03-2018 MINUTES ,, to eEq�. fo` -_ ot '17 (u i 5) LC71' 01 fW.::.44 SI'VV VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 3, 2018 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the SHORT TERM RENTAL -Discussion in the City Council Conference Room, Tuesday, April 3, 2018, at 3:00 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson, and James L. Wood Council Members Absent: John E. Uhrin Out of town—Spring Break 2 CITY COUNCIL'S BRIEFING SHORT TERM RENTAL— Discussion ITEM#67927 3:00 P.M. Mayor Sessoms opened the City Council Discussion regarding Short Term Rental: Vice Mayor Jones advised he has been working with the City Attorney's Office and provided a copy of proposed Ordinances regarding Short Term Rentals which is made a part of this record. Mayor Sessoms confirmed these proposed Ordinances address each of the recommendations from the Planning Commission. Numerous safety concerns were expressed. Barry Frankenfield, Director — Planning and Community Development and Mark Stiles, City Attorney confirmed should the City "grandfather" Short Term Rental Use and, as such, the use becomes "by right", any home with more than five (5) bedrooms and/or sleeps more than ten (10) individuals, would require a sprinkler system be installed. In addition, there are additional requirements defined by the Virginia Construction Code. This topic will be placed on an upcoming Agenda for further discussion. Mayor Sessoms advised this item is scheduled to come back for City Council's consideration on May 15th' which is the adoption of the Budget. As such, Mayor Sessoms asked if there were objections to moving this item from May 15th and hearing at the first meeting in June. There were no objections. April 3, 2018 1 REQUESTED BY VICE-MAYOR JONES 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 506, 601, 901, 1110, 1125, 1521 AND 2203 OF THE 6 CITY ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 506, 601, 901, 1110, 1125, 1521, and 2203 15 and Oceanfront Resort District Form-Based Code Section 16 5.2 17 18 Sections Added: City Zoning Ordinance Sections 209.6 and 19 241.2 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That Sections 102, 111, 401, 501, 506, 601, 901, 1110, 1125, 1521, and 2203 of 28 the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form- 29 Based Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the 30 City Zoning Ordinance are hereby added and ordained, to read as follows: 31 32 ARTICLE 1. GENERAL PROVISIONS 33 34 . . . . 35 36 Sec. 102. Establishment of districts and official zoning maps. 37 38 (a) In order to carry out the purposes and provisions of this ordinance, the 39 following districts are hereby established: 40 41 42 43 (al) There are hereby established the --e - 9 ' . - -e - e . - 44 following overlay districts: 45 46 (1) Shore Drive Corridor Overlay District ("SD"); 47 48 (2) North End Overlay District ("NE"); 49 50 (3) Old Beach Overlay District ("OB"); 51 52 (4) Historic Kempsville Area Overlay District ("HK"); 53 54 (5) Workforce Housing Overlay District ("WF"); and 55 56 (6) Short Term Rental Overlay District ("STR"). 57 58 Such districts shall be designated on the official zoning map by the an 59 appropriate notation " " following the designation of the underlying zoning district. As 60 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 61 Use District shall be designated on the official zoning map as having the classification 62 "B-4(SD)." 63 64 65 - - e e -- e e - - _ _ _- - - � „' - -- - 66 - - •- • e -- - -e- e - e e . - - - _ _ _ -- 67 ► _ - _ e - ! 92 93 . . . . 94 95 Sec. 111. Definitions. 96 97 98 99 Home sharing. A dwelling in which a room or rooms are offered for rental for 100 compensation for a period of less than thirty (30) consecutive days by an owner who 101 utilizes the dwelling as his principal residence and occupies the dwelling during any 102 such rental period. 103 104 . . . . 105 106 Hotel and motel. A building or group of attached or detached buildings containing 107 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 108 and for which compensation is exchanged for short-term occupancy of the dwelling or 109 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 110 registration and keeping of records relating to hotel guests. -• - -- 111 motels. - -- 112 113 . . . . 114 115 Principal residence. Principal residence shall be the location where a person 116 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 117 principal residence. 118 119 . . . . 120 121 Short term rental. A dwelling that does not meet the definition of home sharing in 122 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 123 consecutive days for compensation. 124 125 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 126 ALL DISTRICTS 127 128 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 129 PARKING, OFF-STREET LOADING, AND CERTAIN USES 130 131 132 133 Sec. 209.6. Home sharing. 134 3 135 To the extent permitted by state law, each dwelling offered as a home share 136 must maintain registration with the Commissioner of Revenue's office and pay all 137 applicable taxes. 138 139 C. CONDITIONAL USES AND STRUCTURES 140 141 , , 142 143 Sec. 241.2 Short term rental. 144 145 1. A parking plan illustrating how one (1 ) parking space for every bedroom 146 shall be provided. Such plan shall be reviewed and approved by the Zoning 147 Administrator or his designee, if appropriate to the zoning district and the 148 adjacent neighborhood; 149 150 2. No events with more than fifty (50) people present, shall be held absent a 151 special events permit. Events with more than fifty (50) people are limited to 152 no more than three (3) events in a calendar year. No more than one 153 hundred (100) people shall be present at any event held on the property; 154 155 3. The owner or the owner's agent must be identified, a telephone number 156 given and they must be able to be present on the site within thirty (30) 157 minutes of being contacted at all times during the rental period; 158 159 4. No signage shall be on site, except that each short term rental is allowed 160 one (1), one-foot by one-foot sign, posted on the building, that identifies the 161 short term rental. Architectural signs naming the structure are excluded 162 from this limitation; 163 164 5. To the extent permitted by state law, each short term rental must maintain 165 registration with the Commissioner of Revenue's office and pay all 166 applicable taxes. 167 168 6. There shall be posted in a conspicuous place within the dwelling a summary 169 provided by the Zoning Administrator of City Code Sections 23-69 through 170 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 171 the beach) and 12-43.2 (fireworks); 172 173 T All refuse shall be placed in automated refuse receptacles, where provided, 174 and comply with the requirements of City Code Sections 31-26, 31-27 and 175 31-28; 4 176 177 8. There shall be no more than one (1) rental contract during any consecutive 178 seven (7) day period; 179 180 9. The owner shall provide proof of liability insurance applicable to the rental 181 activity of at least one million dollars ($1,000,000.00) underwritten by 182 insurers acceptable to the city; 183 184 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 185 and 186 187 11.The maximum number of persons on the property after 11:00 PM and 188 before 7:00 AM shall be three (3) individuals per bedroom plus two (2) 189 additional persons. 190 191 192 ARTICLE 4. - AGRICULTURAL DISTRICTS 193 194 (a) Principal and conditional uses. The following chart lists those uses permitted 195 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 196 respective agricultural districts shall be permitted as either principal uses indicated by a 197 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 198 shall be prohibited in the respective districts. No uses or structures other than as 199 specified shall be permitted. 200 Use — i AG-1 AG-2 . . . . l l I Home sharing meeting the requirements of section 209.6 • _ • Short term rental Short term rental within the STR Overlay District 7 p p J 201 202 (b) Accessory uses and structures. Uses and structures which are customarily 203 accessory and clearly incidental and subordinate to principal uses and structures, 204 including but not limited to, an accessory activity operated for profit in a residential 205 dwelling unit where (i) there is no change in the outside appearance of the building or 206 premises or any visible or audible evidence detectable from outside the building lot, 207 either permanently or intermittently, of the conduct of such business except for one (1) 208 nonilluminated sign not more than one (1) square foot in area mounted flat against the 5 209 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 210 by such activity in greater volumes than would normally be expected in the 211 neighborhood, and any need for parking generated by the conduct of such activity is 212 met off the street and other than in a required front yard; (iii) the activity is conducted on 213 the premises which is the bona fide residence of the principal practitioner, and no 214 person other than members of the immediate family occupying such dwelling units is 215 employed in the activity; (iv) such activity is conducted only in the principal structure on 216 the lot; (v) there are no sales to the general public of products or merchandise from the 217 home, except for agricultural products, or agricultural-related products, incidental to an 218 agricultural operation on which the dwelling unit is located; and (vi) the activity is 219 specifically designed or conducted to permit no more than one (1) patron, customer, or 220 pupil to be present on the premises at any one time. Notwithstanding the provisions of 221 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 222 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 223 persons on the premises at any one time in connection with the performance of such 224 rites, provided that all other requirements of subdivision (b)(2) are met. The following 225 are specifically prohibited as accessory activities: Convalescent or nursing homes, 226 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 227 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 228 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 229 use to the dwelling. 230 231 232 233 ARTICLE 5. RESIDENTIAL DISTRICTS. 234 235 236 237 Sec. 501. Use regulations. 238 239 (a) Principal and conditional uses. The following chart lists those uses permitted 240 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 241 respective residential districts shall be permitted as either principal uses indicated by a 242 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 243 shall be prohibited in the respective districts. No uses or structures other than as 244 specified shall be permitted. 245 R- R- R- � R- I Use R- I R- R- R- R- R- 40 j30120 15 10 7.5 5D 5R 5S 2.5 6 Home sharing meeting the I p P P p p p P PP P requirements of section 209.6 I Short term rental C CIC CC C C CC C I 'Short term rental within the STR Overlay District P F P P F P P _P P P 246 247 (b) Accessory uses and structures. Uses and structures which are customarily 248 accessory and clearly incidental and subordinate to principal uses and structures and 249 where such accessory structures do not exceed the height of the principal structure and, 250 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 251 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 252 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 253 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 254 the principal structure. Such accessory uses and structures include but are not limited 255 to: 256 257 258 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 259 days or more is an accessory use to the dwelling. 260 261 . . . . 262 263 Sec. 506.-North End Overlay District. 264 265 266 (e) In the North End Overlay, all short term rentals as defined in section 111 of the 267 City Zoning Ordinance shall be permitted uses and shall meet the requirements 268 of section 241.2 of the City Zoning Ordinance. 269 270 271 ARTICLE 6. - APARTMENT DISTRICTS 272 7 273 . . . . 274 275 Sec. 601. - Use regulations. 276 277 (a) Principal and conditional uses. The following chart lists those uses permitted 278 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 279 respective apartment districts shall be permitted as either principal uses indicated by a 280 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 281 shall be prohibited in the respective districts. No uses or structures other than as 282 specified shall be permitted. 283 Use f A-12 f A-18 f A-24 1 A-36 IHome sharing meeting the requirements of section 209.6 P IP P I P i Short term rental I CICIC IC Short term rental within the STR Overlay District P P P I P 284 — — 285 (b) Accessory uses and structures. Uses and structures which are customarily 286 accessory and clearly incidental and subordinate to principal uses and structures, 287 including but not limited to: 288 289 290 291 13,) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 292 days or more is an accessory use to the dwelling. 293 294 295 296 ARTICLE 9. - BUSINESS DISTRICTS 297 298 299 300 Sec. 901. - Use regulations. 301 302 (a) Principal and conditional uses. The following chart lists those uses permitted 303 within the B-1 through B-4K Business Districts. Those uses and structures in the 304 respective business districts shall be permitted as either principal uses indicated by a 305 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 8 306 shall be prohibited in the respective districts. No uses or structures other than as 307 specified shall be permitted. 308 Use B- B- B- 1 B- B- B- B- 1 1A 2 ( 3 4 4C 4K Home sharing meeting the requirements of section X X P P 209.6 Short term rental X X XXCC C Short term rental within the STR Overlay District X X XXP P P : i l l I Iil 309 310 (b) Accessory uses and structures. Uses and structures which are customarily 311 accessory and clearly incidental and subordinate to the principal uses and structures, 312 including, but not limited to: 313 314 . . . . 315 316 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 317 days or more is an accessory use to the dwelling. 318 319 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 320 321 Sec. 1110. - Land use regulation. 322 323 324 325 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 326 A-12 Apartment District other than hospitals and sanitariums, together with the 327 following enumerated uses and structures, shall be permitted: 328 329 (1) Fraternity and sorority houses, student dormitories and student centers; 330 331 (2) Housing for seniors and disabled persons, with a conditional use permit; 332 333 (3) Marinas; 334 335 (4) Private clubs or social centers provided that clubs where conduct of commercial 336 affairs is a principal activity shall not be permitted; and 337 9 338 (5) Residential care for seniors, provided that no more than two (2) employees 339 including a bona fide resident of the dwelling shall be permitted.-; and 340 341 Home sharing meeting the requirements of section 209.6. 342 343 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 344 345 (1) Communication towers; 346 347 (2) Family day-care homes; 348 349 (3) Group homes; 350 351 (4) Kennels, residential; 352 353 (5) Religious uses; 354 355 (6) Wind energy conversion systems, free standing and roof-mounted; and 356 357 (7) Home-based wildlife rehabilitation facilities, provided that the principal 358 structure is a single-family dwelling and the lot is greater than two thousand 359 five hundred (2,500) square feet..-; and 360 361 Short term rental. 362 363 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 364 365 366 367 Sec. 1125. - Allowed uses. 368 369 Within the PD-H2 District, only the following uses and structures shall be permitted: 370 371 (a) Principal uses and structures. 372 373 (1) Dwelling units of the types specified in the land use plan; 374 375 (2) Public buildings, structures, and other public uses; 376 377 (3) Recreational facilities of the type described in the plan; 378 379 (4) Child care education centers, in connection with public or private 380 elementary schools or churches, provided that such uses shall not be 381 eligible for residential density credit; 382 10 383 (5) Day-care centers, provided that such uses shall not be eligible for 384 residential density credit; 385 386 (6) Public utilities installations and substations; provided offices or storage or 387 maintenance facilities shall not be permitted; and provided, further, that 388 utilities substations, other than individual transformers, shall be surrounded 389 by a wall, solid except for entrances and exits, or by a fence with a 390 screening hedge five (5) to six (6) feet in height; and provided also, 391 9 � transformer vaults for underground utilities and like uses shall require only 392 a landscaped screening hedge, solid except for access opening,.-. and 393 394 (7) Home sharing meeting the requirements of section 209.6. 395 396 397 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 398 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 399 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 400 use to the dwelling. 401 402 (c) Conditional uses. 403 404 (1) Religious uses, provided that such use shall not be eligible for residential 405 density credit; 406 407 (2) Family day-care homes; foster homes and group homes, provided that such 408 uses shall not be eligible for residential density credit; 409 410 (3) Home occupations..-i 411 412 (4) Housing for seniors and disabled persons..-; and 413 414 (5) Short term rental. 415 416 417 418 C. RT-3 RESORT TOURIST DISTRICT 419 420 421 422 Sec. 1521. Use regulations. 423 424 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 425 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 426 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 427 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 11 428 buildings within the RT-3 District may include any principal or conditional uses in 429 combination with any other principal or conditional use. No uses or structures other than 430 those specified shall be permitted. All uses, whether principal or conditional, should to 431 the greatest extent possible adhere to the provisions of the Special Area Design 432 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 433 Plan. Use RT-3 Home sharing meeting the requirements of section 209.6 Short term rental C 434 —435 (b) Accessory uses and structures : Uses and structures which are customarily 436 accessory and clearly incidental and subordinate to the principal uses and structures; 437 provided, however, that drive-through facilities shall not be permitted as an accessory 438 use: 439 440 441 442 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) 443 consecutive days or more is an accessory use to the dwelling. 444 445 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 446 447 . . . . 448 449 B. - DEVELOPMENT REGULATIONS 450 451 452 453 Sec. 2203. - Use regulations. 454 455 (a) The following chart lists those uses permitted within the Central Business Core 456 District. Uses and structures shall be allowed either as principal uses, indicated by a 457 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 458 shall be prohibited, unless allowed by special exception for Alternative Compliance 459 pursuant to Section 2205. No uses or structures other than as specified herein or as 460 allowed pursuant to subsection (b) shall be permitted. 461 12 Use District CBC Home sharing meeting the requirements of section 209.6 P Short term rental I C 462 -- -------- 463 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 464 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 465 use permitted by this section, either as a principal or conditional use. In determining 466 whether a proposed use is similar to a listed use, the Zoning Administrator shall 467 consider (1) the actual or projected characteristics of the proposed use in comparison 468 to those of the most similar listed use; and (2) the categorization of the proposed use 469 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 470 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 471 accessory use to the dwelling. 472 473 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 474 475 476 477 Sec. 5.2. Permitted Use Table. 478 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing meeting the — _ See Sec.209.6 requirements of section 209.6 Short term rental = L = See Sec.241.2 meeting the -- requirements of section 241.2 479 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. 13 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14135/R-13/March 29, 2018 14 REQUESTED BY VICE-MAYOR JONES 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICT) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS 7 8 Sections Added: City Zoning Ordinance Sections 9 2300 - 2303 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 18 2303, is hereby added and ordained to read as follows: 19 20 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICT 21 22 Sec. 2300. Findings; intent. 23 24 The Virginia General Assembly has directed that short term rentals shall be 25 permitted as a principal use in the area defined as the Sandbridge Special Service 26 District. In addition, the City Council hereby finds that there are certain areas of the City 27 in which residential dwellings are, and historically have been, rented to vacationers or 28 others on a short term basis. In these areas, the City Council finds that such uses, 29 when appropriately regulated, may be carried on without adversely affecting the 30 adjacent residential neighborhoods. In other areas of the City, short term rentals are not 31 compatible with the residential use of the surrounding properties and are often the 32 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 33 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 34 which they occur The provisions of this Article allow short term rentals, with appropriate 35 restrictions, only in those areas directed by the General Assembly and/or in such other 36 areas in which short term rentals may be carried on without adversely affecting the quiet 37 enjoyment of neighboring properties. 38 39 Sec. 2301. District boundaries. 40 41 (a) The Short Term Rental Overlay District boundaries shall be as designated 42 on the official zoning map of the city (STR). 43 44 ) Other areas of the City zoned R-5R may petition the City Council for an 45 overlay to be created if the community is able to gather the signatures of sixty (60) 46 percent of the owners of the properties in the R-5R community. 47 48 Sec. 2302. Application of regulations. 49 50 The designation of any property as lying within the Short Term Rental Overlay 51 District shall be in addition to, and not in lieu of, the underlying zoning district 52 classification of such property, such that any property situated in the Short Term Rental 53 Overlay District shall also lie within one or more of the zoning districts enumerated in 54 Section 102(a) of this ordinance. All such property shall be subject to the requirements 55 of this Article as well as to all other regulations applicable to it, and to the extent that 56 any provision of this Article conflicts with any other ordinance or regulation, the 57 provision of this Article shall control. 58 59 Sec. 2303. Use regulations. 60 61 (a) Subject to general requirements and to the regulations of the underlying 62 zoning district, all uses and structures permitted as principal, conditional or accessory 63 uses in the underlying zoning district in which they are located shall be permitted 64 within the Short Term Rental Overlay District. 65 66 (b) Short term rentals shall be a permitted use if they comply with the 67 following conditions: 68 69 1 . A parking plan illustrating how one (1) parking space for every bedroom 70 shall be provided. Such plan shall be reviewed and approved by the Zoning 71 Administrator or his designee, if appropriate to the zoning district and the 72 adjacent neighborhood; 73 74 2. No events with more than fifty (50) people present, shall be held absent a 75 special events permit. Events with more than fifty (50) people are limited to 76 no more than three (3) events in a calendar year. No more than one 77 hundred (100) people shall be present at any event held on the property; 78 2 79 3. The owner or the owner's agent must be identified, a telephone number 80 given and they must be able to be present on the site within thirty (30) 81 minutes of being contacted at all times during the rental period; 82 83 4. No signage shall be on site, except that each short term rental is allowed 84 one (1), one-foot by one-foot sign, posted on the building, that identifies the 85 short term rental. Architectural signs naming the structure are excluded 86 from this limitation; 87 88 5. To the extent permitted by state law, each short term rental must maintain 89 registration with the Commissioner of Revenue's office and pay all 90 applicable taxes. 91 92 6. There shall be posted in a conspicuous place within the dwelling a summary 93 provided by the Zoninq Administrator of City Code Sections 23-69 through 94 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 95 the beach) and 12-43.2 (fireworks); 96 97 7. All refuse shall be placed in automated refuse receptacles, where provided, 98 and comply with the requirements of City Code Sections 31-26, 31-27 and 99 31-28; 100 101 8. There shall be no more than one (1 ) rental contract during any consecutive 102 seven (7) day period; 103 104 9. The owner shall provide proof of liability insurance applicable to the rental 105 activity of at least one million dollars ($1,000,000.00) underwritten by 106 insurers acceptable to the city; 107 108 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 109 and 110 111 11.The maximum number of persons on the property after 11:00 PM and 112 before 7:00 AM shall be three (3) individuals per bedroom plus two (2) 113 additional persons. 114 3 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14136/R-6/March 27, 2018 4 1 REQUESTED BY VICE-MAYOR JONES 2 3 AN ORDINANCE TO AMEND THE OFFICIAL 4 ZONING MAP BY THE DESIGNATION AND 5 INCORPORATION OF PROPERTY INTO THE 6 SHORT TERM RENTAL OVERLAY DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the official zoning map of the City of Virginia Beach be, and hereby is, 15 amended by the designation and incorporation of the area described below: 16 17 That property located in Sandbridge and bounded on the north by the USN Fleet 18 Combat Training Center Atlantic; on the south by the Little Island Park; on the east by 19 the Atlantic Ocean; and on the west, north of Sandbridge Road, by the western 20 boundary of the subdivision known as "Sandbridge North Area," and south of 21 Sandbridge Road, by the property of the United States of America and the Back Bay 22 National Wildlife Refuge, as depicted on the map entitled "Sandbridge" dated June 17, 23 1994, prepared by the department of public works and recorded in Map Book 240, Pgs. 24 81-84 as the short term rental overlay district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14137 R-4 March 27, 2018 3 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN SERVICES ITEM#67928 3:35 P.M. Mayor Sessoms welcomed Danette Smith, Director — Human Services. Ms. Smith, along with Donna Morris, representing the Social Services Board expressed their appreciation to the City Council for their continued support: • • 111 A PATH FORWARD City of Virginia Beach Human Services • Department " • .416 k David 1.Hansen,Cky Manager Kennethl.Chandler.Deputy City FY2018-2019 Budget Investment Plan Dannette R.Smith,Director Presentation April 3,2018 The Department's Budget increased 1.22%: Human Services Department Operating Budget Service Division FY 17-18 FY 17-18 FY 18-19 Total FY 18-19 Change FY 18 Amended to FY Amended FTE Request FTE 19 Proposed Social Services $34,222,967 318.50 $34,805,489 323.50 5582,522 1.70% Developmental 27518071 354.91 27,364.802 355.16 (183,269) (0.6151 Services ........... .......................... ........ .... ................. ...............-....................... 11% eMaioral Heakh 25,548,785 23309 25,874,977 23808 326,192 S,I/K.'. Central Adminotration 11,248,484 106 44 11,795.065 108.19 546,581 4.86% Child enY Services Aa 10,815,233 5.00 10,599,145 3.00 .. . - (CSA) Juvenile Detention 5,071,554 74.31 5,445,956 74.31 374,402 7.38% Center 0580 and 504th 3120902 4246 3,183,539 32.41 62,637 2.01% Services Gram and Gift Funds:Community xardto 1813`212 2420 .1,,Z7/,1 30 2400 _: .N 5errve,5odal Services SproaI Programs Total 5119,390,208 1,148.71 $120,848,103 1,158:65 51,457,895 1.22% April 3, 2018 4 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN SERVICES ITEM#67928 (Continued) Here is the FY2018-2019 Total Budget Requests by Fund: FY 2018-2019 Total Budget Request by Fund Charges for City Support Services 31.54% 21.16% Federal Revenue 18.47% Miscellaneous Revenue 0.70% Retained Operating State Revenue Earnings Transfer In 27.24% 0.11% 0.78% i — 69.29%of the Budget is for Personnel: FY 2018-2019 Total Budget Request by Expense Category Professional Capital Outlay Operations Services 0.02% 6.60% 6.54% 14 Other Charges 17.55% April 3, 2018 5 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN SERVICES ITEM#67928 (Continued) Phase I: Fiscal Year 2018-2019 • Focus on strengthening existing organizational structure • Investment plan affects all divisions and service areas • General Fund support requests: —$353,497 in one-time support; —$410,402 in ongoing support; and — 10 new full-time equivalent positions Phase I: Fiscal Year 2018-2019 • Housing Resource Center — Reduces services gaps,fragmentation and duplication of services — "One-stop shop"model of services with coordinated access to ensure streamlined approach • $459,265 • 6.00 additional FTE • Comprehensive Health Record (CHR) Implementation — Document diagnostic and treatment history of clients — Advance reporting and billing practices — Improves efficiency and productivity of the staff • $115,350 April 3, 2018 6 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN SERVICES ITEM#67928 (Continued) Phase I: Fiscal Year 2018-2019 • Emergency Services — Immediate 24/7 response to mental health emergencies — CIT training helps to redirect individuals with mental illness from judicial system to healthcare system for supports • $189,284 • 4.00 additional FTE A Path Forward Strategic Plan • =Mb AMMO MINIM 01111YYNt NIS 114•EIMPOOMON ONOfIW1N •400•111011•400•111011•400•11101110, •...IMINI. OMMOIMMT April 3, 2018 7 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HUMAN SERVICES ITEM#67928 (Continued) Acknowledgements • Thank you for your continued support • As a result of your investment last year, Human Services was able to: —Add 46.25 FTE (50 positions) • Positions support Infant Program,Child&Youth Services,Financial Assistance,ICFs,and Central Administration • As of December 2017,31 positions have been filled —Completed strategic planning A Path Forward Questions? when - who r "e'e °hats, how r ESTI . si WhO ' w h who v what O W r.�;rt ak • Mayor Sessoms thanked Ms. Smith and the entire Team for all of their hard work and dedication to the City. April 3, 2018 8 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HEALTH DEPARTMENT ITEM#67929 4:11 P.M. Mayor Sessoms welcomed Dr. Heidi Kulberg, Director-Health Department. Dr. Kulberg expressed her appreciation to the City Council for their continued support: 1. Virginia Beach Department of Public Health Budget Workshop April 03, 2018 Dr. Heidi A. Kulberg,Director The Department's Budget increased 2.15%: Public Health Department Operating Budget Program Unit FY 17-18 FY 17-18 ' FY 18-19 I FY 18-19 change FY 18 Amended FTE Proposed FTE Amended to FY 19 Proposed Public Health $3,404,567 9.08 $3,478,069 9.08 $73,502 2.15% Total $3,404,567 9.08 $3,478,069 9.08 $73,502 2.15% April 3, 2018 9 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HEALTH DEPARTMENT ITEM#67929 (Continued) Here are the Department's Significant Issues: Public Health Department Significant Issues 1. Safest City • Opioid Initiative • Core Public Health 2. Financially Sustainable...Excellent Services 3. Inclusive Community...Empowers All Here are the Department's Highlights: Public Health Department Highlights Safest City: Opioid Initiative 1. City Stats 2. Core Activities • Harm Reduction • Treatment • Prevention 3. Partnerships April 3, 2018 10 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HEALTH DEPARTMENT ITEM#67929 (Continued) Public Health Department Highlights Safest City: Core Public Health 1. Environmental Health • Food safety • Pools 2. Epidemiology • Communicable disease • Unexpected emergencies-Jet fuel Public Health Department Highlights Financially Sustainable...Excellent Services 1. VBDPH Strategic Plan i. Valued Workforce ii. Quality iii. Stewardship iv. Communication v. Service Integration April 3, 2018 11 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HEALTH DEPARTMENT ITEM#67929 (Continued) Public Health Department Highlights Inclusive Community...Empowers All (Health) 1. Collaborative • Housing Resource Center • CHIP:Access, Mental Health,Aging Issues, Health Behaviors 2. Direct Services • Maternity • Dental Here is an Overview of the Department's Budget Changes: Public Health Department Budget Changes Dental Program 1. Oral Health 2. VBTCEC-Workforce Development 3. Restructure 4. Program Support Technician-Sr. • Engage in outreach and education with citizens • Improve patient recruitment and retention • Increase revenue-improving coding and billing • Supervise and back-up the dental assistant April 3, 2018 12 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HEALTH DEPARTMENT ITEM#67929 (Continued) 1111F - ilite, r THANK YOU OW 11111 (@ ! '. Mayor Sessoms thanked Dr. Kulberg and the entire Team for all of their hard work and dedication to the City. April 3, 2018 13 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HOUSING and NEIGHBORHOOD PRESERVATION ITEM#67930 4:32 P.M. Mayor Sessoms welcomed Andrew Friedman, Director—Housing and Neighborhood Preservation. Mr. Friedman expressed his appreciation to the City Council for their continued support: S¢f,WV.+ N� Housing & Neighborhood Preservation Budget Workshop April 3, 2018 Andrew Friedman,Director Housing&Neighborhood Preservation FY 18/19 Proposed Revenue by Source Source of Funds FY 17-18 FY 18-19 Change-FY 18 Amended to FY 19 %of Total Funds Amended Proposed Proposed F /State $23,281,31 $23,151,83 $(129.4811 0 56%� Funds MEM 4,606,16:.. 1.290,07 28.01" ncome/Fees 3,075,3.. 4,000,80* Ct 30.0•'.MEE Total $30,962,78 33,008,87- 2,086,09 100... April 3, 2018 14 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HOUSING and NEIGHBORHOOD PRESERVATION ITEM#67930 (Continued) The Department's Budget increased 6.74%: Housing&Neighborhood Preservation Operating Budget-FY 18/19 FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY 19 Amended Pregnant Unit Amended • .. :'NRrIWBd - FIE I to FY 18 Proposed Director's $719,458 5.89 $755,369 6.89 $35,911 4.99% Office/Admin Code 2,522,771 28.22 2,521,040 28.22 Enforcement (1,731) (0.07%) Housing 1,360,801 5.00 1,535,218 6.00 174,417 12.82% Development Rental Housing 22,423,115 19.49 22,892,639 19.49 469,524 2.09% Homeless 2,755,849 20.00 3,999,137 19.00 1,243,288 45.10,, Services HOPWA 1,180,789 0.40 1,345,472 0.40 164,683 13.95% Program Total $30,96Z783 79.00 33,048,875 80.00 2,806,092 6.74% Planned Results • Goal Activities and Results Address Homelessness/ 48 families will be sheltered Open and Operate the 43 will get housing Housing Resource Center 225 singles will be sheltered 113 will get housing 29 single persons will have 1 year of housing stability in apartments Well-maintained 30,000 inspections by Code Enforcement division-ensuring ongoing neighborhoods and maintenance of yards and housing housing stock Maintain and expand Housing Choice voucher program-provide a year of housing stability to affordable housing 2,400 households opportunities Housing development-support&facilitate the development of over 600 units over the next two years Ass new existing homeowners with 70 home repair loans or grants Develop a neighborhood Pilot program planning and implementation underway revitalization strategy AND conduct a pilot neighborhood revitalization project April 3, 2018 15 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) HOUSING and NEIGHBORHOOD PRESERVATION ITEM#67930 (Continued) Here are the Department's Trends and Issues: Trends and Issues Issue Discussion Federal Funding Projecting level funding for our FY 18-19 which is Federal FY 18;awaiting congressional appropriations actions and then HUD allocation. Well-maintained Developing outline and details of a housing strategy— neighborhoods and ongoing now with presentations before 7/1/19 housing stock Managing risk and We're involving as many key players as possible to make learning our way this successful for the Housing Resource Center Thank You! Mayor Sessoms thanked Mr. Friedman and the entire Team for all of their hard work and dedication to the City. April 3, 2018 16 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) OFFICE OF CULTURAL AFFAIRS ITEM#67931 4:38 P.M. Mayor Sessoms welcomed Emily Labows, Director — Office of Cultural Affairs. Ms. Labows expressed her appreciation to the City Council for their continued support: City of Virginia Beach Cultural Affairs FY19 Budget Workshop April 3, 2018 Emily Labows, Director The Department's Budget increased 0.1%: Cultural Affairs Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 FY 18-19 Amended FTE Proposed FTE Change FY 18 Amended to FY 19 Proposed Cultural Affairs $698283 3.00 $742,677 4.00 $44,394 6.4% Sandler Center and Sandler 820,000 - 768,000 - Center (52,000) (6.3%) Foundation VA Museum of Contemporary 290,000 - 285,000 - (5,000) (1.7%) Alt(MOCA) Arts and - Humanities 575,000 - 590,000 - 15,000 2.6% Commission Total $2,383,283 3.00 $2,385,677 4.00 $2,394 .1% April 3, 2018 17 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) OFFICE OF CULTURAL AFFAIRS ITEM#67931 (Continued) Here are a few of the Department's Trends&Issues: Cultural Affairs Trends & Issues =ECONOMIC!. 1--IMFICT 4 aTTS Mn[CITY Of VIRGINIA WOO THE CANOES TRMslUEgBo111Es CIM 0$8Z7M 2,81510BS J.,s i�l, _ _., ._ A , 00 1 AMERICAN 1 . - " 'll THEATER ,;autsRIMMI t NM 0 4:IL .... ' ' S?l2 0 W• OO *1111 WHIM MOM(11al(1 , Here are the Department's Major Budget Changes: Cultural Affairs Major Budget Changes New Arts and Humanities Commission Grant Program: COMMUNITY ARTS GRANTS Budgetary Impact:so The Virginia Beach Arts and Humanities Commission's Community Arts Grant Program is designed to support arts projects that provide innovative and/or participatory experiences that reflect the changing communities in which we live,broaden access to arts experiences with an emphasis on projects that bring the community together to celebrate the diversity of artistic heritage to increase understanding, acceptance and positive regard among our communities. A high strategic priority in the Virginia Beach Arts Plan zoo is to develop,support and promote greater diversity of arts offerings-particularly in the area of culturally/ethnically specific art&Actively expanding culturally diverse activities directly fulfills City Council's Goal 7 to be An Inclusive Community that is Welcoming and Empowers All. The grant program is open to tor(c);non-profit organizations whose purpose is to promote and develop diverse cultural arts programming Programs must take place within the City of Virginia Beach and be open to the public.Groups representing underserved communities including culturally/ethnically diverse communities are encouraged to apply. Community Arts Program Associate Budgetary Impact:so Cost of new FTE offset by reduction in the grant to the Sandler Center Foundation for administrative support and a reduction in contracted manpower. a April 3, 2018 18 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) OFFICE OF CULTURAL AFFAIRS ITEM#67931 (Continued) Here are the Department's Goals and Strategies: GOALS AND STRATEGIES a Expand Public Art Programming Mdh Ram.nesefiemnva.atmi . Strengthen&Establish Different and Distinctive Cultural Districts theNOW M.a•Vl.«a Cao.d and Owe.C.r. *dm P.a.,hulk/Teen Cos.Mel,Grv...n oma tgcPorormor.p.CCuJlt.✓udohtlryu.Ra eloeva.t dPnrogramming • Strengthen the Arts Community ises Mom PW.t,Ory Poky out Promos a.wm.rad.d dwdapron Kam Prom send Iwa.m =131, Support Smaller.Scale Performance•Arts Education Mecluerianty D.de.S.d.cd.Owd Spx.w Teem Cow tanPrany ..teostealMae Md. OOm..O Prom ... Dm* E.-.re kw. Gaol 6. • Improve the Value,Impact and Sustainability of the Sandler Center M. Prot,board**Sod.Canut 13:11111• Promote Vlryinia 8.och as a Cultural and Creative Community Kau Prom Pb..en d..0..anhan w a Cara D..ray. Ran.Pros bde...m Cdud Corm, mExpand Ari Infrastructure M.&w,..o..Ca...r,a. God 9. Increase Funding for Arts Development s.o.Cr.Rina.Soo Mayor Sessoms thanked Ms. Labows and the entire Team for all of their hard work and dedication to the City. April 3, 2018 19 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) AQUARIUM and MUSEUMS ITEM#67932 4:43 P.M. Mayor Sessoms welcomed Cynthia Whitbred-Spanoulis, Interim Director — Aquariums and Museums. Ms. Whitbred-Spanoulis expressed her appreciation to the City Council for their continued support: t� �,2„,-- -y� ,„,..., Department of Aquarium and Museums Budget Workshop April 3, 2018 Cynthia Whitbred-Spanoulis The Department's Budget DECREASED 0.1%: Aquarium and Museums Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18-19 Change FY 18 Amended 18 FTE Proposed FTE Amended to FY 19 Proposed Virginia Aquarium $12,120,904 145.93 $12,084,323 144.40 $(36,581) (0.3%) History Museums 688.240 7.68 711.527 6.80 23287 3.4% Total $12,809,144 153.61 $12,795,850 151.20 $(13,294) (0.1%) — ,,a April 3, 2018 20 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) AQUARIUM and MUSEUMS ITEM#67932 (Continued) Here are the Department's Trends &Issues: Aquarium and Museums Trends&Issues Industry trends that impact us: ➢ Fun,entertaining experiences are the primary motivation for visiting an attraction. • Entertainment drives visitation and guest satisfaction. • Education provides supporting justification for visitation. ➢ Theater attendance,locally and nationally,continues to decline as competition for leisure hours increases. ➢ Attendance at history museums,locally and nationally, continues to decline. 114 f Yil _ Here are the Department's Major Budget Changes: Aquarium and Museums Major Budget Changes ➢ Thoroughgood Education Center annual operating expenses: • Contracted manpower and additional operating funds ➢ Staffing changes(-2.41 FTE): • Conversion of Part-time to Contracted Manpower • Reduction of Exhibit Technician Position • Conversion of Part-Time Graphic Designer to Full-Time • Conversion of Part-Time Security Personnel to Full-Time • Conversion of Senior Curator ➢ Additional resources for renovated facilities: • Staffing needed to prepare for renovated Marsh Pavilion • Staffing for operations of Darden Marine Animal Care Center .'; Mayor Sessoms thanked Ms. Whitbred-Spanoulis and the entire Team for all of their hard work and dedication to the City. April 3, 2018 21 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 4:53 P.M. Mayor Sessoms welcomed Michael Kirschman, the new Director, along with Chad Morris, Planning, Design and Development Administrator—Parks and Recreation. Mr. Morris expressed his appreciation to the City Council for their continued support: C.)Nt Parks and Recreation ¼!' Budget Workshop April 3, 2018 Michael Kirschman,CPRP Chad Morris,ASLA Director Interim Director VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATION Parks and Recreation Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY18Amended to Amended FTE Proposed FTE FY19 Proposed Director's Office $325,767 2 $323,963 2 ($1,804) -0.55% Landscape $20,574,807 248 $21,644,805 260.82 $1,069,998 5.20% Management Recreation $12,600,022 258.65 $12,632,355 254.97 $32,333 0.26% Centers Out-of-School $7,628,798 207.34 $8,265,939 206.69 $637,141 8.35% Time Parks&Natural 53,048,775 65.19 $2,863,644 59.02 (5185,131) -6.071 Areas VIRGINIA BEACH V9GOV.COM/PARKS - PARKS&RECREATION April 3, 2018 22 • CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 (Continued) Parks and Recreation Operating Budget Program Unit FY 17-18 FY 17.18 FY 18-19 FY 18-19 Change FY18Amend • Amended FTE Proposed FTE to FY19 Proposed Open Space 6406,606 6.4 $409,266 6.4 $2,660 0.65% Programming $1,960,777 35.87 $1,905,583 33.2 ($55,194) -2.81% Sports $1,746,636 24.04 $1,697,253 23.04 ($49,383) -2.83% Management Youth $538,149 5 $565,430 5.67 $27,281 5.07% Opportunities Planning, Design& $854,309 7 $681,653 7 ($172,656) -20.21% Development VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATION The Department's Budget increased 1.49%: Parks and Recreation Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 Change FY18 Amended Amended FTE FIE toFY19 Pro•osed Marketing& Resource $967,804 7 $850,693 6 (5117.111) -12.10% Development Business $1,829,123 19.72 $2,283,130 21.72 $454,007 24.82% Systems Subtotal $52,481,573 886.21 $54,123,714 886.53 $1,642,141 3.13% Operations Debt $7,121,745 0 $7,067,041 0 ($54,704) -0.77% Transfers $2,472,427 0 $3,995,788 0 $1,523,361 61.61% Reserves $2,717,924 0 $572,710 0 ($2,145,214) -78.93% Grand Total $64,793,669 886.21 665,759,253 886.53 $965,584 1.49% VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATION April 3, 2018 23 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 (Continued) Here are the Department's Major Budget Changes: Parks and Recreation Major Budget Changes Genera Fun• -Lan•scape Ma ntenance o New Capital Projects , • Housing Resource Center,Thalia Creek Greenway,EMS Headquarters,Kempes Landing Park --k •$65,634 total General Fund-Contract Increases for Roadways,Sites,and Parcels • •verage con ra ua cos increase or _ roadways 14% I ' 111,1111- •Average contractual cost increase for • buildings and parcels 48% •Sheriff workforce cost increase-$27,642 • 40 068 total VIRGINIA BEA V8130V COM PAR PARKS&-I .. 1. Parks and Recreation Major Budget Changes TIP Fund-Boardwalk Landscape and - Hillier Ignite Park • Maintenance of new boardwalk planting , between 2"d and 8th Streets • Hillier Ignite Park—contractual landscape - to maintenance and repairs •$87,235 total,1 Groundskeeper I FTE Schools-Restoration of 13 to 15 Day • - Maintenance Cycle for Schools • 7 Groundskeeper I FTEs •$275,000 total VIRGINIA BEACH VOGOVCOM/PARKS PARKS&RECREATION • April 3, 2018 24 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 (Continued) Parks and Recreation Major Budget Changes Summer Youth Employment Program :t • Year 2 of 5 year expansion • 18 new participants 44kr •$48,548 total Ola • Job Coach Pay Rate Increase •To align pay with level of responsibilities and be competitive with other localities with similar Job 12111 Coach duties 1 4 • Increase from$11.25/hour to $14.00/hour 44, 411 •$5,720 total VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATION Parks and Recreation Major Budget Changes • New Summer Programs Registration Fee —$5.00/week • General Park System Fee Increase • Birthday Party Fee Increase • Projected Revenue -$133,690 total VR(�I"4 l„ ACS+. VBGOV.COM/PARKS PARKS&RECREATION April 3, 2018 25 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 (Continued) Here are the Department's Trends &Issues: Parks and Recreation Trends & Issues • Customer demand for improved technology • Strategic Plan implementation • Explore and continue collaborative efforts with other departments and partners • Aging infrastructure - .p3. VEIGOV COM PARKS PARKS&RECREATION We Align Resources to Achieve Council's Goals Transportation System—297 miles of bikeways ph....4 and trails which connect neighborhoods and allow for multi-modal means of transportation ti!M Revitalize Neighborhoods -Urban Forestry supports the Vision 2040 goal to increase the City's urban tree canopy of 38%to 50%by 2040 I Inclusive Community—We provide access and = 1 encourage participation in all aspects of our Parks and Recreation programs and services VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATION April 3, 2018 26 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 (Continued) Here are the Department's Accomplishments for 2017: Accomplishments FY17 • Summer Youth Employment expansion • Storm Response— Hurricane Matthew, Tornado • Pungo Ferry Landing Park • PAAC synthetic turf fields • Online membership sales • Kempsville Recreation Center VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATION Favorable Survey Results Citizen Satisfaction Survey Results •97.1%of residents are satisfied with our recreation centers • 92.3%of residents are satisfied with our parks • • 963%of residents are satisfied with the overall appearance of the City Departmental Surveys Results fIR... t�, •;. • Net Promoter Score—increased by 4.7% • Membership Retention—4%increase • Needs Assessment Survey VIRGINIA BEACH VBGOV.COM/PARKS PARKS&RECREATI ' April 3, 2018 27 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) PARKS and RECREATION ITEM#67933 (Continued) Questions? - Thank you! 1.: '1 .- r1V-ier.".i- 4, I s. a +,' a . lit r 'lam it - '„ r irs".7___ . - 4, *A 4 "'"4‘-"IL ,.. V VIRGINIA 13t :C VBGOV.COM PARKS PARKS&RECREATION Mayor Sessoms thanked Mr. Morris and the entire Team for all of their hard work and dedication to the City. April 3, 2018 28 CITY MANAGER'S BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— Proposed Changes ITEM#67934 5:07P.M. This item is rescheduled due to time constraints. April 3, 2018 29 CITY COUNCIL LIAISON REPORTS ITEM#67935 5:08 P.M. Council Lady Henley advised the Mayor's Commission on Aging is working with AARP on creating a Workable Livable Taskforce. April 3, 2018 30 CITY COUNCIL COMMENTS ITEM#67936 5:08 P.M. Councilman Moss advised the State Budget will most likely not come to us until the 15th. April 3, 2018 31 CITY COUNCIL COMMENTS ITEM#67937 Council Lady Henley encouraged everyone to attend the April 19`"North Landing River/Albemarle Sound Estuarine Symposium. This event will be held at the Convention Center and First Lady Pam Northam is one of the keynote speakers. April 3, 2018 32 AGENDA REVIEW SESSION ITEM#67938 5:11 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-452.1 re Chesapeake Bay Preservation Area Board members filing of Disclosure Statements b. 13-4 and 13-60 re Extension of Time of a Food Service Manager's Certificate and Change the Permit Fee for a Food Service Establishment c. 23-51 re ADD Definitions for Limited Term Tattoo Artist, Tattoo Parlor and Tattoo Operator; and, the fees charged for such Permits d. 23-53.1 re ADD Definitions for Term Body Piercer, Body Piercing Establishment and Body Piercing Operator; and, the fees charged for such Permits 2. Ordinance AUTHORIZING the City Manager to EXECUTE a Lease for up to five (5) years at the Virginia Beach Farmer's Market to The Country Butcher Shop, Building 2, Space Number 12 3. Ordinance to AMEND the FY 2017-18 Operating Budget of the Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs 4. Ordinance to ADOPT the 2018 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S. Department of Housing and Urban Development(HUD) 5. Ordinance to DESIGNATE certain City Council Appointees to FILE a Disclosure of their Economic Interest 6. Resolution to COMMEMORATE the 50th Anniversary of the Assassination of Dr. Martin Luther King, Jr., and RECOGNIZE the Season of Nonviolence 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Treasure Canal re construct a bulkhead,pier, ramp and boat lift at the rear of 2401 Spindrift Road DISTRICT 5—LYNNHAVEN 8. Resolution to AUTHORIZE a Grant of$3,800 to TIDE Swimming, Inc., re Blue Zone Initiative 9. Ordinances to APPROPRIATE: a. $721,075 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2017-18 Operating Budget of the Convention and Visitors Bureau re Advertising and Marketing Efforts b. $260,000 to provide an interest free loan to Sandbridge Rescue and Fire, Inc., re purchase of a new ambulance c. $350,000 to provide an interest free loan to Virginia Beach Rescue Squad, Inc., re purchase of new ambulances April 3, 2018 33 AGENDA REVIEW SESSION ITEM#67938 (Continued) 10. Ordinances to ACCEPT and APPROPRIATE: a. $17,048 from the Virginia Department of Criminal Justice Services to the Human Services re Community Corrections and Pretrial Programs b. $24,109 in Lieu of Park Reservation from Sherborne Manor Subdivision re Park Playground Renovations III c. $41,600 from the Supreme Court of Virginia to FY 2017-18 Operating Budget of the Commonwealth Attorney re drug treatment court 11. Ordinance to TRANSFER $1,058,079 from Beach Replenishment II to Chesapeake Beach Restoration re construction and provide for contingencies COUNCIL LADY ABBOTT& COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#lb ITEM#1c and 1 d WILL BE DEFERRED INDEFINITELY ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCIL LADY ABBOTT& COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#10b MAYOR SESSOMS WILL ABSTAIN ON ITEM#10/b April 3, 2018 34 AGENDA REVIEW SESSION ITEM#67938 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE ITEM#1 WILL BE CONSIDERED SEPARATELY April 3, 2018 35 ITEM#67939 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: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Brooks v. Brenneman • Firefighters Grievance Lawsuit PUBLIC HELD PROPERTY: • Princess Anne District PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees April 3, 2018 36 ITEM#67939 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 5:15 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin Closed Session 5:15 P.M. - 6:00 P.M. April 3, 2018 37 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 3,2018 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,April 3, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin INVOCATION: Reverend James E. Parke Retired, Catholic Diocese of Richmond 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. April 3, 2018 38 Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made 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. April 3, 2018 39 Item—VII-E CERTIFICATION ITEM#67940 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 G0N1'•Bzit eit %'o ,_`� i '' �.-fi . * ee° �''R OUR NOSQ1‘ 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#67393 Page 36 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. I , / 14,1" -- -' anda Barnes,MMC City Clerk April 3, 2018 40 Item—VH-F MINUTES ITEM#67941 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 6 and March 20, 2018. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin Council Members Abstaining: Jessica P. Abbott April 3, 2018 41 ADOPT AGENDA FOR FORMAL SESSION ITEM#67942 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 3, 2018 42 Item- VII-H.1 PUBLIC HEARING ITEM#67943 Mayor Sessoms DECLARED A PUBLIC HEARING:• LEASE OF CITY PROPERTY—FARMER'S MARKET Building 2, Space 12 to The Country Butcher Shop There being no speakers,Mayor Sessoms CLOSED the PUBLIC HEARING. April 3, 2018 43 Item - VII-I ORDINANCES/RESOLUTIONS ITEM#67944 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, BY CONSENT:Agenda Items la/b/c/d, 2, 3, 4, 6, 7, 8, 9a/b/c, 10a/b/c and 11 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin **Council Lady Abbott and Councilman Moss will VOTE VERBAL NAY ON ITEM#lb ITEM#1 c/d will be DEFERRED INDEFINTEL Y Council Lady Abbott and Councilman Moss will VOTE VERBAL NAY ON ITEM#l0b Mayor Sessoms will ABSTAIN on ITEM#l0b April 3, 2018 44 Item-VII-I.la ORDINANCES/RESOLUTIONS ITEM#67945 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinances to AMEND City Code Section: a. 2-452.1 re Chesapeake Bay Preservation Area Board members filing of Disclosure Statements Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO AMEND SECTION 2- 2 452.1 OF THE CITY CODE PERTAINING TO 3 THE CHESAPEAKE BAY PRESERVATION 4 AREA BOARD 5 6 SECTION AMENDED: § 2-452.1 7 8 9 That Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and ordained to read as follows: 11 12 Sec. 2-452.1. - Chesapeake Bay Preservation Area Board. 13 14 . . . . 15 (c) Pursuant to the provisions of section 2.2-3115(A) of the Code of Virginia, the 16 members of the Chesapeake Bay Preservation Area Board, as a condition of assuming 17 office, shall file disclosure statements of their personal interests and other information 18 specified on the forms set forth in Code of Virginia section 2.2-3117 and, thereafter, file 19 such statements cemi annually in accordance with the provisions of Code of Virginia 20 section 2.2-3115(A). 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd 22 day of April , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14347 R-1 March 23, 2018 45 Item -VII-I.lb ORDINANCES/RESOLUTIONS ITEM#67946 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinances to AMEND City Code Section: b. 13-4 and 13-60 re Extension of Time of a Food Service Manager's Certificate and Change the Permit Fee for a Food Service Establishment Voting: 8-2 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P.Abbott John D. Moss Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO AMEND SECTIONS 13- 2 4 AND 13-60 OF THE CITY CODE 3 PERTAINING TO THE EXTENSION OF TIME 4 OF A FOOD SERVICE MANAGER'S 5 CERTIFICATE AND TO CHANGE THE 6 PERMIT FEE FOR A FOOD SERVICE 7 ESTABLISHMENT 8 9 Sections Amended: §§ 13-4 and 13-60 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 13-4 and 13-60 of the City Code are hereby amended and 15 reordained to read as follows: 16 17 Chapter 13 - FOOD AND FOOD ESTABLISHMENTS 18 19 ARTICLE I. - FOOD SERVICE MANAGER'S CERTIFICATION 20 21 . . . . 22 23 Sec. 13-4. - Food service manager; responsibility; certification. 24 25 (a) After May 1, 1989, no person shall operate a food service establishment 26 unless its food handling operation is under the immediate control of a person 27 holding a valid food service manager's certification. This shall require that a 28 certified food manager be present during a minimum of eight (8) hours of 29 operation per operating day in each food service establishment. The 30 manager must be a full-time employee of the food service establishment in 31 question. 32 33 (b) The food service manager shall be responsible for training of food service 34 personnel in sanitary food-handling procedures. Written documentation of a 35 training program and training records of individual employees shall be 36 available upon request by the health department. 37 38 (c) In order to obtain a food service manager's certificate, a person shall apply to 39 the Virginia Beach health department and show proof of having successfully 40 completed a course in food protection which shall be approved by the health 41 authority or a valid certificate of registration from the food protection 42 certification program of the educational testing services center for 43 occupational and professional assessment and payment of a fee often 44 dollars ($10.00). 45 46 (d) Such certificates shall be issued in the name of an individual only and shall 47 be valid for a period of three (3)five (5) years after the date of issuance. 48 (e) A food service manager's certificate shall be renewed for a three year five- 49 year period upon payment of a fee of ten dollars ($10.00) to the Virginia 50 Beach health department, and: 51 52 (1) Completing a refresher course in food protection which shall be 53 approved by the health authority; or 54 55 (2) Take and pass the food protection certification program test of the 56 educational testing services center for occupational and professional 57 assessment. 58 59 . . . . 60 61 ARTICLE IV. - PERMIT AND RELATED REQUIREMENTS FOR FOOD 62 ESTABLISHMENTS 63 64 Sec. 13-60. - Food service establishments permit required. 65 66 Beginning July 1, 1996, as a prerequisite to operation, the owner or operator of 67 every food service establishment regulated by the department of public health shall, on 68 an annual basis, obtain a permit for each such establishment from the department, and 69 pay a permit fee in the amount of twenty five dollars ($25.00) forty dollars ($40.00). To 70 obtain a food service establishment permit, an applicant must demonstrate that his or 71 her establishment has undergone the annual assessment as provided by section 13-61 72 of this article. 73 74 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ai.. tit. Healt ! City Attorneys • ice Virginia Beach Departmen' of Public Health CA14279 R-1 February 8, 2018 46 Item -VII-LIc ORDINANCES/RESOLUTIONS ITEM#67947 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinances to AMEND City Code Section: c. 23-51 re ADD Definitions for Limited Term Tattoo Artist, Tattoo Parlor and Tattoo Operator; and, the fees charged for such Permits Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 47 Item -VII-I.l d ORDINANCES/RESOLUTIONS ITEM#67948 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council DEFERRED INDEFINITELY,BY CONSENT, Ordinances to AMEND City Code Section: d. 23-53.1 re ADD Definitions for Term Body Piercer, Body Piercing Establishment and Body Piercing Operator; and, the fees charged for such Permits Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 48 Item -VII-L2 ORDINANCES/RESOLUTIONS ITEM#67949 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance AUTHORIZING the City Manager to EXECUTE a Lease for up to five (5)years at the Virginia Beach Farmer's Market to The Country Butcher Shop, Building 2, Space Number 12 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood • Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH JOHN E. HARDISON, D/B/A THE 4 COUNTRY BUTCHER SHOP, FOR CITY-OWNED 5 PROPERTY KNOWN AS BUILDING 2, SPACE 6 NUMBER 12, IN THE VIRGINIA BEACH FARMERS 7 MARKET 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 12 13 WHEREAS, John E. Hardison, d/b/a The Country Butcher Shop ("Country 14 Butcher"), would like to enter into a new lease with the City for Building 2, Space 15 Number 12, at the Farmers Market, consisting of approximately 939 square feet (the 16 "Premises"); 17 18 WHEREAS, the Premises will be utilized for the sale of fresh meats, deli products 19 and related items, and for no other purpose; and 20 21 WHEREAS, Country Butcher has agreed to pay the City an initial rental rate of 22 $918.79 per month ($11,025.48 per year) for the use of the Premises. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for up to 5 years 28 between Country Butcher and the City for the Premises, in accordance with the 29 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 30 other terms, conditions or modifications as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of 34 April , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM r /(W-a4 ‘g, n City Attorney Public Works/Fa,ilities Management CA14209 R-1 March 19, 2018 EXHIBIT A LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO JOHN E. HARDISON, D/B/A THE COUNTRY BUTCHER SHOP Building 2, Space Number 12, consisting of approximately 939 square feet _ 144 40 © , / / - VA*E 01* ate► \411* 004 O fl u ..0 p CO 0 /0 IP ss • o ss,✓ .4,, SUMMARY OF TERMS LEASE FOR BUILDING 2, SPACE NUMBER 12 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: John E. Hardison, d/b/a The Country Butcher Shop PREMISES: Building 2, Space Number 12, consisting of approximately 939 square feet TERM: Initial Term — February 1, 2018 — January 31 , 2021 (3 years) Renewal Term 1— February 1, 2021 — January 31, 2022 (1 year) Renewal Term 2— February 1, 2022 — January 31, 2023 (1 year) RENT: Initial rent of$918.79 each month totaling $11,025.48 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh meats, deli products, and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. 49 Item -VII-L3 ORDINANCES/RESOLUTIONS ITEM#67950 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY 2017-18 Operating Budget of the Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO AMEND THE FY 2017-18 OPERATING 2 BUDGET OF THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The Department of Housing and Neighborhood Preservation's FY 2017-18 9 Operating Budget is hereby modified for the amounts and purposes set forth below: 10 11 1) Appropriate $126,504 in Community Development Block Grant (CDBG) 12 Program Income that was received, and anticipated funds to be received, 13 through FY 2017-18 in excess of estimated amounts. These funds will be 14 utilized for Affordable Housing creation and/or rehabilitation per CDBG 15 regulations, with program revenue increased accordingly; 16 17 2) Appropriate $5,281 in HOME Investment Partnerships Program (HOME) 18 income that was received in excess of estimated amounts and will be utilized 19 for Affordable Housing creation and/or rehabilitation per HOME regulations, 20 with program revenue increased accordingly; 21 22 3) Transfer appropriations in the amount of$222,072 from 180 Fund (Community 23 Development Fund) to 181 Fund (Community Development Loan & Grant 24 Fund). This transfer will enable funding for the Disaster Housing Program 25 initiative. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Desna armeyer Budget & Management Services City Attorney's Office CA14340 R-1 March 21, 2018 50 Item-VII-I.4 ORDINANCES/RESOLUTIONS ITEM#67951 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT the 2018 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U.S.Department of Housing and Urban Development(HUD) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO ADOPT THE 2017 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN (INCLUDING A 3 REVISED ADMINISTRATIVE PLAN) AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLAN TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for 14 each fiscal year in which DHNP receives federal funding for its HCV program; and (2) a 15 revised Administrative Plan as applicable; and 16 17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the 18 DHNP's progress in achieving the goals stated in its five-year plan; and 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP; and 22 23 WHEREAS, the DHNP is also required by HUD to include a certification in the 24 Five-Year Agency and Annual Plan demonstrating DHNP's compliance with applicable 25 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 26 and 27 28 WHEREAS, executive summaries of the Annual Plan, and Administrative Plan is 29 attached hereto, and a copy of all Plans are on file with the City Clerk. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 DHNP's Annual Plan and Administrative Plan for the Housing Choice Voucher 35 Program is hereby ratified and adopted, and the City Manager is hereby authorized and 36 directed to execute and submit the Annual Plan to the U.S. Department of Housing and 37 Urban Development. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day 40 of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'f __ r Il ,1'I Department o ousing & City Attorney's Office Neighborhoo•I Preservation CA14345/R-2/March 23, 2018 FY2018/19 Summary of administrative plan changes Location Topic Change/Issue Reason Page 13-1 Moves with Insert language (A)Allowable In accordance with regulatory Continued moves to include segments requirements(Violence Against Women Assistance/ on: Reauthorization Act of 2013: Portability Eligibility for Emergency Implementation in HUD Housing Programs Transfer, Emergency Final Rule),jurisdictions are mandated to Transfer Request outline program protections and establish documentation, policies to address requests to transfer Confidentiality, Emergency housing for families facing a domestic Transfer Timing and violence housing related crisis Availability and Safety and Security of tenants Page 19- Project Insert language of DHNP's In accordance with regulatory 49 Based 2018 Request for PBV requirements and DHNP's 5 year agency Vouchers Application Proposal activity plan conduct a competition application selection process. MDW 03/09/2018 51 Item -VII-I.5 ORDINANCES/RESOLUTIONS ITEM#67952 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED, Ordinance to DESIGNATE certain City Council Appointees to FILE a Disclosure of their Economic Interest Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 REQUESTED BY CITY COUNCIL 2 3 AN ORDINANCE DESIGNATING CERTAIN 4 CITY COUNCIL APPOINTEES TO FILE A 5 DISCLOSURE STATEMENT OF THEIR 6 ECONOMIC INTERESTS 7 8 WHEREAS, the State and Local Government Conflict of Interests Act ("the Act") 9 was enacted by the General Assembly because our system of representative government 10 is dependent upon citizens maintaining the highest trust in their public officers and 11 employees; 12 13 WHEREAS, the Act requires certain government officials to file annual disclosures 14 of their personal financial interests, including members of the City Council and the School 15 Board and constitutional officers including the City Treasurer, Commissioner of Revenue, 16 Sheriff, Commonwealth's Attorney, and Clerk of Circuit Court; and other provisions of 17 state law require members of the Community Policy and Management Team and the 18 Family Assessment and Planning Team who do not represent a public agency to file the 19 same disclosure; 20 21 WHEREAS, the Act also requires members of the Planning Commission, Board of 22 Zoning Appeals, City Manager, and City Real Estate Assessor to file annual disclosures 23 of their real estate holdings; 24 25 WHEREAS, Virginia Code § 2.2-3115 authorizes local governing bodies to 26 designate by ordinance persons occupying positions of trust appointed by governing 27 bodies and persons occupying such positions of employment with governing bodies to 28 file the disclosure form prescribed pursuant to Virginia Code § 2.2-3117 ("Statement of 29 Economic Interests"); 30 31 WHEREAS, pursuant to that authority, in 1991, the City Council adopted an 32 ordinance requiring the City employees appointed by City Council at that time—the City 33 Manager, the City Attorney, the City Clerk, and the City Real Estate Assessor—to file the 34 Statement of Economic Interests; 35 36 WHEREAS, pursuant to that same authority, in 1990, when the City Council 37 created the Chesapeake Bay Preservation Area Board, it adopted an ordinance that 38 requires the members of that board to file the Statement of Economic Interests; 39 40 WHEREAS, in 2007, the position of City Auditor was converted to a Council 41 appointee, and the City Auditor annually has filed the Statement of Economic Interests 42 ever since; 43 44 WHEREAS, the Act provides that members of local development authorities must 45 file, as a condition to assuming office, the disclosure form prescribed pursuant to Virginia 46 Code § 2.2-3118 ("Financial Disclosure Statement") and to file the same form annually 47 thereafter unless the local governing body that appoints the development authority 48 members requires the members to file the longer and more comprehensive Statement of 49 Economic Interests form; 50 51 WHEREAS, in accordance with the City Council's direction, the City Clerk for 52 decades has sent Development Authority members the Statement of Economic Interests 53 for their annual disclosure, but no written record of that direction has been located; 54 55 WHEREAS, the City Council desires to remove any ambiguity about its intent that 56 members of the Development Authority annually file the Statement of Economic Interests 57 and to also explicitly require the City Auditor to file that form. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH, VIRGINIA THAT: 61 62 1. In accordance with Virginia Code § 2.2-3115, the City Council hereby 63 designates and requires the following persons occupying positions of trust to file, as a 64 condition of assuming office and annually thereafter, the Statement of Economic Interests 65 form prescribed pursuant to Virginia Code § 2.2-3117: 66 67 City Manager 68 City Attorney 69 City Clerk 70 City Real Estate Assessor 71 City Auditor 72 73 2. In accordance with Virginia Code § 2.2-3115, the City Council hereby 74 requires members of the Virginia Beach Development Authority to annually file the 75 Statement of Economic Interests form prescribed pursuant to Virginia Code § 2.2-3117. 76 77 Adopted by the City Council of the City of Virginia Beach, Virginia on this 3 r d 78 day of April , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Z", / City Attorney's Office CA14346 R-1 March 23, 2018 52 Item -VH-L6 ORDINANCES/RESOLUTIONS ITEM#67953 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Resolution to COMMEMORATE the 50th Anniversary of the Assassination of Dr. Martin Luther King,Jr., and RECOGNIZE the Season of Nonviolence Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 REQUESTED BY COUNCILMEMBERS DYER AND KANE, VICE- MAYOR JONES AND COUNCILMEMBER MOSS 1 A RESOLUTION COMMEMORATING THE 50TH 2 ANNIVERSARY OF THE ASSASSINATION OF DR. 3 MARTIN LUTHER KING, JR., AND RECOGNIZING THE 4 SEASON FOR NONVIOLENCE 5 WHEREAS, fifty years ago, on April 4, 1968, a powerful and peaceful voice for 6 freedom was lost when Dr. Martin Luther King, Jr., was assassinated on the balcony of 7 his motel room in Memphis, Tennessee; 8 WHEREAS, during his short lifetime, Dr. King used his eloquence, his leadership, 9 his sense of morality, and his belief in the power of peaceful resistance to awaken the 10 nation's conscience and advance the cause of civil rights; 11 WHEREAS, as a founding member and first president of the Southern Christian 12 Leadership Conference, Dr. King preached a message of nonviolence that became 13 deeply rooted in the Southern communities he sought to free from oppression and that 14 shaped the protests and campaigns that brought about new freedoms; 15 WHEREAS, in the course of these campaigns, Dr. King was instrumental in 16 Virginia's fight for civil rights, making dozens of trips to the Commonwealth to 17 encourage African American voter registration and involvement in the political process, 18 to protest the closing of public schools and the widespread resistance to desegregation, 19 to guide civil demonstrations against deeply entrenched segregation, and to preach a 20 message of love and nonviolence across the Commonwealth; 21 WHEREAS, Dr. King promoted legislative change to encode the civil rights that 22 he worked to advance, contributing to the dismantling of Jim Crow, the desegregation of 23 institutions, and the enactment of the Civil Rights Act of 1964 and the Voting Rights Act 24 of 1965; 25 WHEREAS, in response to fierce opposition, threats, surveillance, imprisonment, 26 and violence from those who feared his message, Dr. King encouraged nonviolence 27 and offered peace and unflinching courage in return; 28 WHEREAS, Dr. King lived the message of nonviolence and love that he 29 preached, believing, "Darkness cannot drive out darkness; only light can do that. Hate 30 cannot drive out hate; only love can do that"; 31 WHEREAS, the Season for Nonviolence is a global grassroots campaign 32 dedicated to raising awareness about the healing and transforming power of 33 nonviolence and spanning the memorial anniversaries of Mahatma Gandhi and Dr. 34 Martin Luther King, Jr.; 35 WHEREAS, the Virginia Beach Human Rights Commission joins the ViBe 36 Creative District, the Interspiritual Empowerment Project, Teens With a Purpose, 37 Children for Change, the Chrysler Museum of Art, Virginia Beach MOCA and other City 38 and community partners to herald the Season for Nonviolence and to encourage the 39 ideals of attaining peace through nonviolent action, as demonstrated by legendary 40 leaders Mahatma Gandhi and Rev. Martin Luther King, Jr.; and 41 WHEREAS, a half-century later, Dr. King's dream remains to be fully realized, 42 "that one day this Nation will rise up and live out the true meaning of its creed: We hold 43 these truths to be self-evident, that all men are created equal"; 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA THAT: 46 The Virginia Beach City Council hereby commemorates the 50th anniversary of 47 the assassination of Dr. Martin Luther King, Jr., and encourages the citizens of Virginia 48 Beach to celebrate the Season for Nonviolence by recalling the legacy of Dr. King and 49 emulating his commitment to peace, unity, and compassion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd day of April , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14348 R-2 April 3, 2018 53 Item -VII-I.7 ORDINANCES/RESOLUTIONS ITEM#67954 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Treasure Canal re construct a bulkhead, pier, ramp and boat lift at the rear of 2401 Spindrift Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Treasure Canal re construct a bulkhead, pier, ramp and boat lift at the rear of 2401 Spindrift Road (GPIN 1499994570)DISTRICT 5—LYNNHAVEN 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. April 3, 2018 54 Item-VH-L7 ORDINANCES/RESOLUTIONS ITEM#67954 (Continued) 7. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than Five-Hundred Thousand Dollars ($500,000.00),per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 8. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the third day of April, Two Thousand Eighteen. April 3, 2018 55 Item-VII-I.7 ORDINANCES/RESOLUTIONS ITEM#67954 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2401 SPINDRIFT ROAD 9 10 WHEREAS, James Edward Cowan and Maureen A. Cowan (the"Applicants") 11 desire to remove an existing 6'x12' pier, and to construct and maintain a 131 L.F. timber 12 bulkhead (installed 2' channelward of existing bulkhead), a 6'x16' pier, a 8'x24' floating 13 pier, with a 3'x8' ramp and a boat lift, and to maintain an existing plastic jet-ski float, into a 14 portion of City property known as Treasure Canal, located at the rear of 2401 Spindrift 15 Road, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 26 assigns and successors in title are authorized to remove an existing 6'x12' pier, and to 27 construct and maintain a 131 L.F. timber bulkhead (installed 2' channelward of existing 28 bulkhead), a 6'x16' pier, a 8'x24' floating pier, with a 3'x8' ramp and a boat lift, and to 29 maintain an existing plastic jet-ski float, into a portion of City property as shown on the map 30 entitled: "EXHIBIT "A" - ENCROACHMENT FOR MAUREEN & JAMES COWAN", Scale 31 1"=30', dated July 7, 2017, and revised through July 14, 2017, prepared by Professional 32 Construction Consultants, LLC.,a copy of which is attached hereto as Exhibit A,and on file 33 in the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the Agreement 38 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda,and will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Applicants and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd 49 day of April , 2018. CA14025 R-1 PREPARED: 2/27/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p027\00454053.doc APPROVED AS TO CONTENT: APPROVED , S TO LEGAL �- — FFIC = • AND FORM: Jo. PUBLIC WORKS, REAL ESTATE( , ' - ARMEYER SENIOR CITY ATTORNEY 2 S • TREASURE CANAL ,( P .basedon and prepared & , R' FLOOD, without the benefit of a title search. '171.- PROPOSED 131 LF. TIMBER BULKHEAD INSTALL 2' CHANNELWARD OF EX. BULKHEAD EBB-- N N/F CITY OF VIRGINIA BEACH M.B. 45 P.15 rPROPOSED BOATUFT PROPOSED 6'x16' PIER 25X MLW TO MLW EX. PLASTIC JETSKI __ FLOAT TO REMAIN — rr It) N PROPOSED 8'x24' FLOATING PIER (ENCROACHES 13.3' n n 24' WITH 3'x8' RAMP INTO CVB PROPERTY) N S 85'54'01" W 0 I N 11.84' _ PROPOSED BOATUFT 1 111' N O?16�M`M — EX. DECKING ENCROACH Mr. 20.2INTO CVB PROPERTY _ EX. BULKHEAD REMOVE EX. O PROPOSED 11'x18 PIER WILL O 37.---...- 6'x12' PIER ' ENCROACH MAX. 7.5 INTO CVB PROPERTY (ENCROACHES 5.9' N INTO CVB PROPERTY) PROPOSED RAMP ENc MAX.. 7.7� INTO CVB PROPERTY PROPOSED 8'x24' PIER WILL PIPE (f) ENCROACH MAX. 12.7' 0 147.0' LOT 251 INTO CVB PROPERTY N/F JEFFREY BERGER 2405 AD PROPOSED BULICHEAl? MU. ENCROACH MC. 2.5 GPIN:51499 99 3458PINDRIFT 0 INTO CVB PROPERTY PIN (f) 0 125.3' SHED Z 0 8 p h) W f 8 I I n 4 i LOT 249 N/F MILDRED STEED 1 STORY BRICK 2341 SPINDRIFT ROAD ' CONC. SPIN: 1499 99 5581 #2401 DRIVE in a In ID • • N • • PLTH oF Li LOT 250 i �I,A M.B. 45 PG. 15 �= 1 //i! GPIN: 1499 99 4570 fit` R l ARD T. BARTLETT • c. No. 18335 R=1637.00' ! '. Y ir A=125.00' 0 44-v SS SPINDRIFT ROAD S/0NAL , c,` SPINDRIFT 0 30' 60' 50' R/W REV 7/14/2017 iNd EXHIBIT "A" — ENCROACHMENT 1" = 30' FOR ZONING: R-20 MAUREEN & JAMES COWAN ` ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. JULY 7, 2017 SHEET 1 OF 1 PHONE: (757) 773-8084 EMAIL: RICKOPCC-LLC.COM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT. made this (-)3 day of ,IJP I a, 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal cor.• ation of the Commonwealth of Virginia, Grantor, "City", and JAMES EDWARD COWAN and MAUREEN A. COWAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 250" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT" Scale: 1" = 100', dated October, 1958 and prepared by Frank D. Tarrall, Jr. and Associates & Surveyors and Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 48, at page 15, and being further designated, known. and described as 2401 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove an existing 6'x12' pier, and to construct and maintain a 131 L.F. timber bulkhead (installed 2' channeiward of existing bulkhead), a 6'x16' pier, a 8'x24' floating pier, with a 3'x8' ramp and a boat lift, and to maintain an existing plastic jet-ski float, (collectively the "Temporary Encroachment"), in the City of Virginia Beach: and GPIN: (CITY CANAL KNOWN AS TREASURE CANAL- NO GPIN ASSIGNED) GPIN: 1499-99-4570-0000 - (2401 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Canal, the "Encroachment Area": and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT FOR MAUREEN & JAMES COWAN", Scale 1"=30', dated July 7, 2017, and revised through July 14, 2017, prepared by Professional Construction Consultants, LLC., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the 3 insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City; It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes: may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, James Edward Cowan and Maureen A. Cowan, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF His PAGE WAS INTENTIONALLY 1 F ! L i CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: The foregoing instrument was acknowledged before me this day of 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: The foregoing instrument was acknowledged before me this day of 2018, by , CITY C!ERK/AU ITHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH. VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 � �c \_J `Edward Cowan, Owner / ,. By: ' :ur-n A. Cowan, Owner STATE OF CITY/COUNTY OF A , to-wit: 3a The foregoing instrument was acknowledged before me this day of ru o(1, 2018, by James Edward Cowan. /A) (SEAL) Nota / ' biic NotaryRegistration Number: 0 / 4 JENNIFER DEW L! Notary Public + Commonwealth of Virginia My Commission Expires: 0E/3 /y /30a/ Registration#274014 My Commission Expires A 31,2021 STATE OF CITY/COUNTY OF!) t 6c/9 C , to-wit: The foregoing instrument was acknowledged before me thi ( day of ---`e,b lruor , 2018, by Maureen A. Cowan. (SEAL) Notary Tub is Notary Registration Number: 7 /() / 7` My Commission Expires: 0 R/31 3 DQ l e. JENNIFER DEW Notary Public Commonwealth of Virginia Registration#274014 My Commission Expires Aug.31,2021 7 APPROVED-AS TO CONTENTS APPROVED AS W LEGAL 811( FFI, Y AND FORM )4Q-V\W-A)33<TOSA-Oir-Do)c 4 SIGNATURE am -_ARMEYER, I I I 1 C WORKS /REAL ESTATE RFt4I-nR nIT1/4•I ATTORt4EY DATE 8 S TREASURE CANAL This site plan is based on plat recorded In E w (CVB) M.B. 48, Pg. 15 and was prepared �FLoo ,11r PROPOSED 131 LF. TIMBER BULKHEAD n'EB8_ without • benefit of a ""e search. INSTALL 2' CHANNELWARD OF EX. BULKHEAD N N/F CITY OF VIRGINIA BEACH M.B. 45 P.15 —7-PROPOSED BOATUFT PROPOSED 6'x16' PIER 25% MLW TO MLW EX. PLASTIC JETSKI __ FLOAT TO REMAIN — in - PROPOSED 8'x24' FLOATING PIER (ENCROACHES 13.3' 1n ^ 24' I WITH 3'x8' RAMP n r INTO CVB PROPERTY) N J I S 55'54'01" W N I CO v 11.134' PROPOSED Ex X. 20.2IrNL 1' 1�- 6 _ I EX. DECKING ENCROACH INTO CVB PROPERTY _ EX. B4 LKHEAD PROPOSED 8'x18' PIER WILL O 376'x12' PIER - '' ENCROACH MAX. 7.5 INTO CVB PROPERTY (ENCROACHES 5.9' N *11.1. IMO CVB PROPERTY) PROPOSED RAMPENCROACH MAX. 7.T INTO CVB PROPERTY PROPOSED 8'x24' Pig:WILL PIPE (f) ENCROACH MAX. 12.7 4 147.0' LOT 251 INTO CVB PROPERTY N/F JEFFREY BERGER PROPOSED BULKHEAQ WILL 2405 SPINDRIFT ROAD ENCROACH MAX. 2.5 GPIN: 1499 99 3458 INTO CVB PROPERTY PIN (f) O 125.3' SHED 2 O m O y O N a 8 n n 1 LOT 249 N/F MILDRED STEED 1 STORY BRICK a - 2341 SPINDRIFT ROAD CONC. GPIN: 1499 99 5581 #2401 CANE Ia In In to • • N PLT H OF 1n �i A �� LOT 250 i M.B. 45 PG. 15 �- r GPIN: 1499 99 4570 4t` 1 RARD T. BARTLETT c. No. 18335 A=125.00' R=1637.00' 'O ,.4 Y ,1-4../ SPINDRIFT ROAD / SS/ONAL C 0 30' 60' 50' RHI REV 7/14/2017 IIIIII I 111111 EXHIBIT "A" — ENCROACHMENT 1" = 30' FOR ZONING: R-20 MAUREEN & JAMES COWAN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. JULY 7, 2017 SHEET 1 OF 1 PHONE: (757) 773-8084 EMAIL: RICKOPCC-LLC.COM 56 Item-VII-I.8 ORDINANCES/RESOLUTIONS ITEM#67955 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a Grant of$3,800 to TIDE Swimming, Inc., re Blue Zone Initiative Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 A RESOLUTION TO AUTHORIZE A GRANT OF $3,800 TO 2 TIDE SWIMMING, INC., FOR THE BLUE ZONE INITIATIVE 3 4 WHEREAS, Tidewater Swimming has requested a micro-grant from the City of 5 Virginia Beach; and 6 7 WHEREAS, the FY2017-18 Non-Departmental Budget included an appropriation 8 of funds for micro-grants; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That a grant of $3,800 is hereby authorized from the FY 2017-18 Non- 14 Departmental Operating Budget to TIDE Swimming, Inc., in order to host an executive 15 leader from the Blue Zones organization to speak before City Council and the community 16 to foster support in health, wellness, and recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana 'ar eyer Budget and Management Services City Attorney's Office CA14349 R-1 March 28, 2018 57 Item -VII-I.9a ORDINANCES/RESOLUTIONS ITEM#67956 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE.: a. $721,075 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the FY 2017-18 Operating Budget of the Convention and Visitors Bureau re Advertising and Marketing Efforts Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO APPROPRIATE $721,075 FROM 2 THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2017-18 OPERATING BUDGET OF 5 THE CONVENTION AND VISITORS BUREAU FOR 6 ADVERTISING AND MARKETING EFFORTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $721,075 in the Tourism Advertising Program Special Revenue Fund is 12 hereby appropriated, with specific fund reserve revenue increased accordingly, to the 13 FY 2017-18 Operating Budget of the Convention and Visitors Bureau for advertising and 14 marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April , 2018. Requires an affirmative vote by a majority of all of the member of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley a Harr1 yer Budget and Management Services City Attorney's Office CA14333 R-1 March 20, 2018 58 Item -VII-L 9b ORDINANCES/RESOLUTIONS ITEM#67957 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $260,000 to provide an interest free loan to Sandbridge Rescue and Fire, Inc., re purchase of a new ambulance Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO SANDBRIDGE RESCUE 3 AND FIRE, INC., FOR THE PURCHASE OF A NEW 4 AMBULANCE 5 6 WHEREAS, Sandbridge Rescue and Fire, Inc., has requested an interest free loan 7 of $260,000 to purchase a replacement ambulance with required equipment. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $260,000 is hereby appropriated from the fund balance of the General Fund 13 for an interest-free loan to Sandbridge Rescue and Fire, Inc., for the purchase of 14 a replacement ambulance with specific fund reserves increased accordingly; and 15 16 2. That this loan is to be repaid by Sandbridge Rescue and Fire, Inc., over five (5) 17 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9 wy( David Bradley � an. ar eyer Budget and Management Services City Attorney's Office CA14336 R-1 March 21, 2018 PROMISSORY NOTE $260,000 Virginia Beach, Virginia March, 2018 FOR VALUE RECEIVED, Sandbridge Rescue and Fire, 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 TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000) 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 March 15, 2019 - $52,000 On or before March 15, 2020 - $52,000 On or before March 15, 2021 - $52,000 On or before March 15, 2022 - $52,000 On or before March 15, 2023 - $52,000 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). Sandbridge Rescue and Fire, Inc. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Sandbridge Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Sandbridge Rescue and Fire, Inc.,a Virginia non-stock corporation("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNES SETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicles. 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 vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicles through the CITY's Division of Automotive Services, so long as the vehicles remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the 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 either of the vehicles is 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 1 vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicles in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the 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. SANDBRIDGE RESCUE AND FIRE, INC. CITY OF VIRGINIA BEACH 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 59 Item-VII-L9c ORDINANCES/RESOLUTIONS ITEM#67958 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: c. $350,000 to provide an interest free loan to Virginia Beach Rescue Squad,Inc., re purchase of new ambulances Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD, INC., FOR THE PURCHASE OF NEW 4 AMBULANCES 5 6 WHEREAS, the Virginia Beach Rescue Squad, Inc., has requested an interest free 7 loan of $350,000 to purchase two replacement ambulances with required equipment. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $350,000 is hereby appropriated from the fund balance of the General Fund 13 for an interest-free loan to the Virginia Beach Rescue Squad, Inc., for the purchase 14 of replacement ambulances with specific fund reserves increased accordingly; and 15 16 2. That this loan is to be repaid by Virginia Beach Rescue Squad, Inc., over five (5) 17 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r ) , P �,J David Bradley -Dana-.Ha eyer Budget and Management Services City Attorney's Office CA14334 R-1 March 21, 2018 PROMISSORY NOTE $350,000 Virginia Beach, Virginia March, 2018 FOR VALUE RECEIVED, Virginia Beach Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) 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 March 15, 2019 - $70,000 On or before March 15, 2020 - $70,000 On or before March 15, 2021 - $70,000 On or before March 15, 2022 - $70,000 On or before March 15, 2023 - $70,000 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). Virginia Beach Rescue Squad, Inc. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY")and the Virginia Beach Rescue Squad, Inc.,a Virginia non-stock corporation("RESCUE SQUAD"),in accordance with the provisions of Code of Virginia§§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles,the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicles. 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 vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicles through the CITY's Division of Automotive Services, so long as the vehicles remain CITY-insured. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the 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 either of the vehicles is 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 1 vehicle,unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services,it shall be the responsibility of the RESCUE SQUAD to maintain the vehicles in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement,then, upon default of the loan, ownership of the 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. VIRGINIA BEACH CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 60 Item -VII-LlOa ORDINANCES/RESOLUTIONS ITEM#67959 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $17,048 from the Virginia Department of Criminal Justice Services to the Human Services re Community Corrections and Pretrial Programs Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL FY 2017-18 GRANT FUNDS FOR THE 3 COMMUNITY CORRECTIONS AND PRETRIAL 4 PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $17,048 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with state revenue increased accordingly, to the FY 2017-18 11 Operating Budget of the Department of Human Services for Community Corrections and 12 Pretrial Programs. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A A' I / /At �--� David Bradley Dana ar eyer Budget & Management Services City Attorney's Office CA14341 R-2 March 23, 2018 61 Item -VII-I.IOb ORDINANCES/RESOLUTIONS ITEM#67960 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $24,109 in Lieu of Park Reservation from Sherborne Manor Subdivision re Park Playground Renovations III Voting: 7-2 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: John E. Uhrin Council Members Abstaining: Mayor William D. Sessoms, Jr. April 3, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #4-500, PARK PLAYGROUND 3 RENOVATIONS III FROM A CASH PAYMENT IN LIEU 4 OF PARK RESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $24,109 is hereby accepted from the Sherborne Manor Subdivision development 10 in lieu of a park reservation and appropriated to CIP #4-500, "Park Playground 11 Renovations III." Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April , 2018. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: li David Bradley 6a./Harmeyer Budget and Management Services ity Attorney's Office CA14338 R-1 March 21, 2018 W �r u co C 2 o r f , �� t :LC , �� IL N `o i z\ ,r'''' 1:11 0 mr Q i. lo tuIl& C Z p�Q�— �— i < 2-.... Mal --I i . al 0 } �_� '' V = � - _� 0 z o _1 a— C 0 0 -� N as o 1 1 _ Zi c T co Oas U_ 3 C rZ1 }� Q CL r g -Th i d eao 1 Q o o 1 ��CJ r t a st d I _} t N f ( rn i l� (-.— IL t ri ., \--- ---' Ii i. 1 %/ r l c �� N �\ LON BRIDGE t' O �,pON G) co a o w Z r a miiiV acLYNi6wAvEN C > 1 J o 0N1A•BEAC ,414L cAll .1%046 G. C �1 i Cty of Virginia Beach i 2 �1 S OF OUR NAT\O. `"r VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0062692 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 April 3, 2018 - wsessoms0vbgov.com Ms. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Ms. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to accept and appropriate funds to CIP#4-500, Park Playground Renovations III, from a cash payment in lieu of park reservation. 2. Bribra Building Corp. has proposed this cash in lieu of park reservation payment for its proposed Sherborne Manor Subdivsion. The corporation disclosed that Towne Bank is a financial services provider with respect to this transaction. 3. I have a personal interest in Towne Bank, which is located at 600 22nd Street in Virginia Beach. I am no longer employed by TowneBank, and I am not personally providing services to this applicant on behalf of TowneBank. Although I am able to participate in this transaction fairly and in the public interest, as provided by Virginia Code Section 2.2-3115(I), I am nonetheless electing to abstain from this vote. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, - 7-a'(1714 *-- - William D. Sessoms Mayor WDS/RRI 62 Item -VII-L10c ORDINANCES/RESOLUTIONS ITEM#67961 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $$41,600 from the Supreme Court of Virginia to FY 2017-18 Operating Budget of the Commonwealth Attorney re drug treatment court Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL HIGH INTENSITY DRUG TRAFFICKING AREA 3 FUNDS FROM THE SUPREME COURT OF VIRGINIA FOR 4 A DRUG TREATMENT COURT 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $41 ,600 from the from the Supreme Court of Virginia is hereby accepted and 10 appropriated, with revenue increased accordingly, to the FY2017-18 Operating Budget of 11 the Office of the Commonwealth's Attorney for a drug treatment court. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of April 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Loivoi-2„0,\,k David Bradley Da of"— armeyer Budget and Management Services City Attorney's Office CA-14337 March 22, 2018 R-1 63 Item -VII-I.11 ORDINANCES/RESOLUTIONS ITEM#67962 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $1,058,079 from Beach Replenishment II to Chesapeake Beach Restoration re construction and provide for contingencies Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP #8- 2 025, BEACH REPLENISHMENT II TO CIP #8-409, 3 CHESAPEAKE BEACH RESTORATION 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 6 OF VIRGINIA BEACH, VIRGINIA, THAT: 7 8 A total of$1,058,079 is hereby transferred from CIP#8-025, Beach Replenishment 9 II to CIP #8-409, Chesapeake Beach Restoration to fund the estimated cost of 10 construction and provide for contingencies. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 3rd day of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / David Bradley •_fa a Harmeyer Budget and Management Services City Attorney's Office CA14343 R-1 March 22, 2018 64 Item—VII-.1 PLANNING ITEM#67963 1.ARGOS PROPERTIES II,LLC CONDITIONAL CHANGE OF ZONING April 3, 2018 65 Item -VII-J PLANNING ITEM#67964 Joe Brown, spoke in OPPOSITION to the Request for Deferral Brad Martin, agent for Applicant spoke in SUPPORT to the Request for Deferral After City Council discussion, Council Lady Henley made a motion, seconded by Councilman Moss, to DENY the Application of ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 &AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE Voting: 5-5 Council Members Voting Aye: Jessica P. Abbott, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss and Mayor William D. Sessoms,Jr. Council Members Voting Nay: M. Benjamin Davenport, Robert M. Dyer Shannon DS Kane Rosemary Wilson James L. Wood Council Members Absent: John E. Uhrin THE MOTION TO DENY FAILED DUE TO A TIE VOTE April 3, 2018 66 Item-VII-J PLANNING ITEM#67964 (Continued) Councilman Davenport then made a motion, seconded by Councilman Dyer, to DEFER to JUNE 5, 2018, the Application of ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG- 1 &AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE Voting: 5-5 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Shannon DS Kane, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P.Abbott Barbara M. Henley Vice Mayor Louis R. Jones John D. Moss Mayor William D. Sessoms, Jr. Council Members Absent: John E. Uhrin THE MOTION TO DEFER TO JUNE 5, 2018, FAILED DUE TO A HE VOTE April 3, 2018 67 Item-VII-J PLANNING ITEM#67964 (Continued) After further City Council discussion, Councilman Davenport then made a motion, seconded by Councilman Dyer, to DEFER to APRIL 17, 2018, the Application of ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 & AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road DISTRICT 7—PRINCESS ANNE Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr. and Rosemary Wilson and Council Members Voting Nay: • James L. Wood Council Members Absent: John E. Uhrin April 3, 2018 68 ITEM VII-K APPOINTMENTS ITEM#67965 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.• BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD April 3, 2018 69 ITEM VII-K APPOINTMENTS ITEM#67966 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: NORBERT J. DREPS Unexpired term thru 12/31/2020 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin April 3, 2018 70 Item-WI-N ADJOURNMENT ITEM#67967 William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 6:36 P.M. • anda Barnes, MM City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia April 3, 2018 71 OPEN DIALOGUE The following individuals registered to speak: Martha Effinger, 2304 Kingsman Lane, Phone: 408-2289, requested the City consider allowing Back Yard Chickens. Garrett Edmonds, 2920 Camarillo Lane, Phone: 904-571-2753, expressed concerns regarding future stormwater and flooding issues for Ashville Park. Matt Tonelson, 2020 Grand Loop Road, Phone: 749-2966, expressed concerns regarding future stormwater and flooding issues for Ashville Park. Matt Tonelson, 2020 Grand Loop Road, Phone: 749-2966, expressed concerns regarding future stormwater and flooding issues for Ashville Park. Rob Lindauer, 2048 Channing Lane, Phone: 438-3659, expressed concerns regarding future stormwater and flooding issues for Ashville Park. Ed Weeden expressed his appreciation to City Council for their continued support of the American Legion. Arafa Speaks, did not respond. ADJOURNED 6:53 P.M. April 3, 2018