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HomeMy WebLinkAboutNOVEMBER 28, 2023 FORMAL SESSION MINUTES `�'n•B� Ue � OUR No"," VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 28, 2023 Mayor Robert M. Dyer called to order the FORMAL SESSION in the City Council Conference Room, Tuesday, November 28, 2023, at 2:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCILS BRIEFINGS LIGHT-INDUSTRIAL BUSINESS REQUIREMENTS ITEM#750I0 2:00 P.M. Mayor Dyer welcomed Shawn Avery, President& CEO—Hampton Roads Workforce Council. Mr. Avery expressed his appreciation to City Council for their continued support: HAMPTONROAU5 = � WORKFORCECOUNCiL ONE REGION.ONE WORKFORCE. ONE ECONOMY. The South Side and Peninsula Workforce Councils have combined to become the largest workforce council in the state: REGION. Regional Overview - WORKFORCE. Hampton Roads, Virginia `k,"E ECONOMY. 15 Independent Cities and Counties November 28, 2023 3 CITY COUNCILS BRIEFINGS LIGHT-INDUSTRIAL BUSINESS REQUIREMENTS ITEM#750I0 (Continued) 'I) V Nex[Gen ETERRNS EUPLOYNEKf HAMPTONk( ADS WORKFORCECOUNCIL ONE REC101,.'.. ONE ECONOMY. C•�A}MP+US� VIRGINIA �c 6 ( CAREER WORKS LE TA %T9 .. Here are the functions of the Regional Workforce Training System: The RWTS will provide the following functions: Develop a system that seeks to address end-to-end talent solutions Regional Workforce Target funding opportunities across federal,state and Training System private sources Build a network of employers,training providers,and Model—Conceptual , community organizations to facilitate the regional talent shift Structure • Streamline resources through a single network that will enable speed and quality in the job placement process Build upon the lessons learned with SENEDIA and Eastern CT Manufacturing Pipeline November 28, 2023 4 CITY COUNCILS BRIEFINGS LIGHT-INDUSTRIAL BUSINESS REQUIREMENTS ITEM#75010 (Continued) The Hampton Roads Workforce Council received the Good Jobs Challenge award with$11-Million going to support training and fulfill workforce needs: HAMPTONROADS °SOBSC WORKFORCECOUNCIL ilNF nF;-% c =k;pp RCF ONE ECONOMY. 600D JOBSNRE BYTHENUMBERS —f I' EDA 32 $500M 31+1 50.000+.«�.„A,. 24 1 :8 40�.n4 --- — --— -- —1 fA0D10D5 AWARREES CDA •,. DEES Awarded$11 million,representing 27 ?f localities in Virginia and North Carolina — Hampton Roads—Eastern Shore—NE North Carolina ., Hampton Roads Workforce SupportingEconomy Focus on:Regional Alignment,Talent Attraction,Talent Development,Talent Retention,and Job Creation Over 11,000 commitments to hire At least 950 jobseekers trained Over 60 partners committed to participate 17 maritime specific workforce recruiters dedicated to under-resourced and under-represented communities t November 28, 2023 s CITY COUNCILS BRIEFINGS LIGHT-INDUSTRIAL BUSINESS REQUIREMENTS ITEM#75010 (Continued) The next two (2)slides provide an overview of FY24 initiatives: An additional$29M in projected funding($29M)is anticipated to result in over 3,500 additional job placements Direct/ Cost par job Initiative Category W!tF a Cost i'4" iMirtct Job placements i acemant.S l mFno�++ua apbY `' VA Peninsula LL Manimp FaciM Camp CC Maritime Facility ' ^ tlallaal - ]J9y{j New Horizons Welding Capacity Iwanncsaa 1111"I'aA '•' -�'- Vet erans lncentnes ta+arrM -1lati J Prat aae aapa Planning Grenls t DYa[1 Na saM.. '. Virginia Beach CTE Welding Capacity waaaew Wd.4 aS OYart M atAla Social Melia Marketing PwlnMMa vaaaa a lralaa, In 315,0111, GO TEC Eapanaion tawaniala tlraar a aYia W Sam i 1 n-12 Outreach saaaa a elate as Kpy Qaaara _ _ t Cunlculum Alpnmant +MMWIa Vaara, t MwY In i Proposed SIB Tier 2 Projects(FY24 Project Cost Planned ROI A01 Tune Starts Fulling Gate Ran Res'km New Horizons Maritime Trades Ma - _ Ae III—, -- ---deny $7-SM 320./year Mid- Horizons Imtructors for Community College Wor me, $2.0M HRWC Virginia Beach Renaissance Academytab $2.5M 260a/year V$CpSRappahannock Community College MarKime $2.5M 100/year RCC Trades Wo ramTidewater Community College Skilled Trades $3.5M 750/year TCC Trainee Stipemis to Reduce Barriers to Access I$3.OM I 6S0/year MrmeIlate I%anrdrtg I HRWC Expand GOTEC $2.OM 600*ar t--Tenn HRWC Cuedin Pr ram $2.OM 200 lTtrtn %anni HRWC 5us61--nt/Ma nt $I.OM %and HRWC Accelerate HRWC Implementation of US Model $1.0M % HRWC woanoacr November 28, 2023 6 CITY COUNCILS BRIEFINGS LIGHT-INDUSTRIAL BUSINESS REQUIREMENTS ITEM#75010 (Continued) Partnerships with the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Partnerships with the City of Virginia Beach s November 28, 2023 CITY COUNCILS BRIEFINGS LIGHT-INDUSTRIAL BUSINESS REQUIREMENTS ITEM#75 010 (Continued) HAMPTONROADS WORKFORCECOUNCIL ONE REGION. ONE WORKFORCE.ONE ECONOMY. Mayor Dyer expressed his appreciation to Mr. Avery for the presentation. November 28, 2023 8 CITY COUNCIL'S BRIEFINGS POST-TAX DUE DATE PROPOSED GRACE PERIOD ITEM#75011 2:29 P.M. Mayor Dyer welcomed Leigh Henderson, City Treasurer. Ms. Henderson expressed her appreciation to City Council for their continued support: Proposal to provide a Grace Period after the due dates for Real Estate & Personal Property taxes Here is the Background: Background • The City Treasurer is tasked with the billing and collection of taxes for the City of Virginia Beach. • Tax rates are set by City Council. • Assessed values are determined by the Real Estate Assessor and the Commissioner of the Revenue. • City Code sections outline the due dates and late payment penalty/interest commencement dates. • Real Estate:Sec.35-36 and Sec.35-37 • Personal Property:Sec.35-5 and Sec.35-6 • Currently,penalty&interest starts on the day after the due date. • Penalty is 10%of tax due• • Interest is 9.6%per annum for the V year• • State Code(§58.1-3916)references a limited number of reasons why penalty&interest maybe waived. City Code requires that those reasons be reflected in written record. gg November 28, 2023 9 CITY COUNCILS BRIEFINGS POST-TAX DUE DATE PROPOSED GRACE PERIOD ITEM#75011 (Continued) Reasons for Grace Period • Many taxpayers have voiced that the penalty for late payment is excessive especially when paying shortly after the due date,especially on large bills. • Life—taxpayers forget or have other financial priorities. • Penalty and interest is a deterrent to late payments,but it should also be a compensation for efforts to collect delinquent accounts. • Collection activities do not begin until at least 30 days after the due date Here are the other Virginia localities who have penalty and interests fees commencing the day after the due date: What do other Virginia localities do? (based on their local city/county code sections) When does penalty&interest commenoe? Hampton Roads Norfolk Day after the due date Chesapeake Day after the due date Suffolk Day after the due date Portsmouth Day after the due date Hampton Day after the due date Newport News Day after the due date Other similar sized localities Prince William Day after the due date Loudoun Day after the due date Chesterfield Day after the due date Arlington Day after the due date with tiered penalty rates Stafford Day after the due date Alexandria Day after the due date with tiered penalty rates November 28, 2023 10 CITY COUNCILS BRIEFINGS POST-TAX DUE DATE PROPOSED GRACE PERIOD ITEM#75011 (Continued) The average penalty and interest collected in five(5) days is$495,591 and in ten (10) days the average is $926,834: Historical Penalty & Interest Collected REAL ESTATE & PERSONAL PROPERTY (10&5 day totals) on 10 days 2023 $498,354 $502,850 $1,001,204 2022 $340,215 $512,249 $852,464 2021 $193,342 $474,879 $668,221 2020 $129,142 $146,178 $275,320 5 days 2023 $325,314 $243,210 $568,524 2022 $204,895 $217,763 $422,658 2021 $92,687 $211,839 $304,526 2020 $42,338 $59,755 $102,093 30 days-$926,834 5 days-$495,591 Here is an example of the proposed change to provide a five (5) or ten (10) day grace period: Example Change to City Code Sec. 35-37 (Real Estate) and Sec. 35-6 (Personal Property) a In the event any installment of taxes on no is not paid on or before thei#h the same is due and payable as se o in section 35-36,there sha ell b added t ereto a penalty often(10)percent of the amount of such unpaid installment or the sum of ten dollars($10.00),whichever hall be reater,and such installment and penalty shall bear interest commencing on the ay following the day such taxes were due,at the rate of nine and six-tenths( percent per annum during the first year such taxes are delinquent,and thereafter at the rate of eight and four-tenths(8.4)percent per annum.Provided however,that the penalty shall in no case exceed the amount of the tax due. a In the event any taxes on re not paid on or before the p the same are due an a a e as set forth in section 35-5, there s a e a e ere o a penalty of ten (10) percent of the amount of such unpaid taxes or the sum of ten dollars ($10.00), whichever shall be eater, and such taxes and penalty shall bear interest commencing on the day following the day such taxes were due,at the rate of nine and six-tenths( percen per annum Burin the first year such taxes are delinquent,and thereafter at the rate o eight and four-tenths(8.4)percent per annum.Provided however,that the penalty shall in no case exceed the amount of the tax due. Mayor Dyer expressed his appreciation to Ms. Henderson for the presentation. November 28, 2023 11 CITY COUNCILS BRIEFINGS 5 YEAR FORECAST DISCUSSION ITEM#75012 2:48 P.M. Mayor Dyer welcomed Kevin Chatellier, Director — Budget Management Services. Mr. Chatellier expressed his appreciation to City Council for their continued support. Mr. Chatellier focused the discussion on the following slides, referencing portions from the 5-year Forecast presentation provided during the City Council/School Board Joint Session on November 21s` (attached hereto and made a part of the record). CouncilCity • • -t Process Directionand Discussion Staff is requesting City Council direction for information on the following slides for FY 2024125 budget development: Reconciliation Requests and Direction.... • Town Center Special Service District • Desire to put fund on sustainable course or defer to FY 26 process to determine path forward. • If desired as part of FY 25 budget process,should consideration be given to establish separate SSD rates(residential and commercial)? • BPOL Tax Reduction • Desire to continue working toward threshold modification in the current year or imbed as a part of the FY 25 budget process? November 28, 2023 12 CITY COUNCIL'S BRIEFINGS 5 YEAR FORECAST DISCUSSION ITEM#75012 (Continued) Budget Presentations • Historically,each Department has had the opportunity to present to City Council about their budget from end of March through April. • Would the preference of Council be to........ • Maintain the Department-by-Department presentations? or • Have presentations about the Key Issues,Programs and/or Services receiving significant modification resulting from the Proposed Budget? FY 2024-25 Budget Impacts still to be determined.... • School PPEA • Better determine the financial impacts of the PPEA agreement and decide on approval • Real Estate • To maintain current services and invest in priorities,acceptance of organic real estate growth will be necessary. • Waste Management Fund • Decide the future delivery method of recycling services within the City as well as establish a sustainable bill payer to support those services. • Continue the exploration and assessment of waste management capital and facility needs and best method to fund. November 28, 2023 13 CITY COUNCILS BRIEFINGS 5 YEAR FORECAST DISCUSSION ITEM#75012 (Continued) Questions an • Discussion After City Council discussion, Mayor Dyer provided the following direction: • Town Center Special Service District—defer changes to FY 2026 • BPOL Tax Reduction—Include consideration during FY 2024125 • Budget Presentations—continue to have departmental budget presentations and schedule a Special Session on April 30, 2024, to allow City Council additional time for budgetary discussion • Real Estate—As part of the City and School staff budget recommendations,provide scenarios of budget impacts for reducing real estate tax from current rate to a neutral rate, with scenarios for both City and Schools remaining in sync. Mayor Dyer expressed his appreciation to Mr. Chatellier for the presentation. November 28, 2023 td�+s a a 2 } 1 r • }%r r m' r City Council Budget Process Direction and Discussion �B Reconciliation Requests and Direction . . . . • Town Center Special Service District • Desire to put fund on sustainable course or defer to FY 26 process to determine path forward. • If desired as part of FY 25 budget process, should consideration be given to establish separate SSD rates (residential and commercial)? • BPOL Tax Reduction • Desire to continue working toward threshold modification in the current year or imbed as a part of the FY 25 budget process? Budget Presentations • Historically, each Department has had the opportunity to present to City Council about their budget from end of March through April. • Would the preference of Council be to... ... .. • Maintain the Department-by-Department presentations? or • Have presentations about the Key Issues, Programs and/or Services receiving significant modification resulting from the Proposed Budget? FY 2024-25 Budget Impacts still to be determined . . . . • School PPEA • Better determine the financial impacts of the PPEA agreement and decide on approval • Real Estate • To maintain current services and invest in priorities, acceptance of organic real estate growth will be necessary. • Waste Management Fund • Decide the future delivery method of recycling services within the City as well as establish a sustainable bill payer to support those services. • Continue the exploration and assessment of waste management capital and facility needs and best method to fund. Questions and Discussion Annual Purpose of Five-Year Forecast • First formal engagement between City Council and School Board as a part of the budget process: • Brief Economic Overview • Overview of the current financial condition of the City and Schools • Highlights policy decisions that will need City Council and/or School Board consideration Budget Preparation Timeline September October November December •Fiscal Year -Financial *Rea l Estate •Departments *Governor's Begins Closeout Period Assessor& begin budget PFovided te Budget *Compensation Commissioner preperations staff -Budget Data provided of the Revenue Submissions -Council Retreat provide •Five-Year Reviewed estimates Forecast *Revenue ! projections begin January :: h � rB 4t 'h" �•• Budget Hearings •Superintendent's • School Adopted dget • City Council Estimate of Budget orkshops Reconciliation Real Estate Needs • City Manager's blic Hearings •Adopted Budget Revenue-First • Real Estate Proposed Budget • Operating by May 15th Half Due Finalized Budget, Bonds, •School Budget fees •VRS update Workshops • Real Estate Tax provided to staff ow,. 8 HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS Pi7c --f �� PLANNJNG Dl5TR1Ct CaMMISS/ON Economic Overview NATIONAL jW ''I 5 REGIONAL LOCAL ECONOMICS Civilian Employment (Jobs) Growth in United States, September 2010 - September 2023 1 COYID-19 so,00a � Monthly -156,874 Employment 152,37 150,000 a 0 `o c e 140.000 t 130,000 -130,339 --130,430 Jan Jar Jan Jan Jan Jan Jan 2012 2014 201C 2018 2020 2022 2024 Source:Bureau of Labor Statistics.Seasonally adjusted data 10 Unemployment 4.0% 2.0% 0.0% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 —Virginia Beach —Hampton Roads Virginia —United States Source:Bureau of Labor Statistics National and Local Unemployment Statistics 11 *The Annual Rate was updated October 91" 2023.Data is not seasonally adjusted and may be subject to revision. Inflation (Year over Year Change ) 8.0% 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Source: Bureau of Labor Statistics (BLS) Federal Reserve - Interest Rates 2.00 1.00% 0.00% oti oti oti oti oti oti oti oti oti oti oti oti oti oti oti oti oti oti o� °�- ow oa' do tiff tiff ti3 tia tih ti� ti� tiw ti� ,yo titi titi ,y3 ,�o ,yo ,yo ,�o ,yo ,yo ,yo do ,yo ,yo ,yo ,yo do ,yo do ,yo do do Source: Federal Reserve Economic Data 13 Hampton Existing and New Construction Home Sales Existing - nd Hampton Roads, August 2010 -August 2023 Existing Homes New Construction • 4,000 3,452• • Homes 3,000 2,763, 2,058 " 2,059 v R d 2,000 E 0 x 1,000 ����i����i����ili���lilli�I�InIiiIIIIq������li���I�IIIiIIIIIIIIIIIIIIIIII�IIIiIIIIII�p1181Ulrlllllllllllll�llll�l�llllllllll�lil�l1111111�111� Aug Aug Au_r, Aug Aug Aug Aug 2010 2012 20i' 2016 2018 2020 2022 Source:Real Estate Information Network,HRPDC.Seasonally adjusted sales. Change in Real Estate Assessments — Year over Year 25.0% 20.0% 15.0% 10.0% 5.0% ■ -5.0% -10.0% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 ■ Residential 0 Commercial 11pY1 � f • E 4 � Vr City of Virginia BeachFive-Year 1 Forecast _ r - e s.... .__ General Government Revenues VS Baseline Assumptions- Revenue • Continuation of existing dedications and tax rates • Revenue growth predicated on long term trend analysis • Revenue estimates will continue to be modified during the budget process- still early Real Estate Tax- General Fund 900,000,000 $802.6M 800,000,000 $739.5M $762.4M $782.2M $713.8M 700,000,000 $619.6M 600,000,000 500,000,000 400,000,000 300,000,000 200,000,000 100,000,000 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 --Budget —Actual a° Projection 19 Personal Property Tax 300,000,000 $244.6M 250,000,000 $224.8M $234.5M $208.2M $206.7M $193.6 M 200,000,000 150,000,000 100,000,000 50,000,000 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 --Budget —Actual Projection 20 Business Professional Occupational License ( BPOL) $70,000,000.00 $60.2M $61.4M $62.5M $63.9n,7 5.,_��' $59M $58.7M » w� $60,000,000.00 $50,000,000.00 $40,000,000.00 $30,000,000.00 $20,000,000.00 $10,000,000.00 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 —Budget —Actual Projection 21 Telecommunications Tax $25,000,000.00 $20,000,000.00 $15M $14.4M $16.7M $13.9M $13.4M $15,000,000.00 $13 M $10,000,000.00 $5,000,000.00 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 —Budget —Actual Projection 22 q a"3 5. ,.Af irk EZ uoiI:)afoJd lenjod— 1 9 2PnB- 6ZOZ Ad 8ZOZ Ad LZOZ Ad 9ZOZ Ad SZOZ Ad bZOZ Ad £ZOZ Ad ZZOZ Ad TZOZ Ad OZOZ Ad 6TOZ Ad 000'000'0Z 000'000'0£ 000'000'Ob 000'000'OS 000'000'09 000'000'OL 000'000'08 WS'68$ 000'000'06 000'000'OOT W8'90T$ WL'£OT$ WL'OOT$ 000'000'OT T W 6'90T$ 000'000'OZT xel s@IeS lej@u@ !D General Fund Expenditure Forecast vs Baseline Assumptions- Expenditures • Personnel • Compensation- assumed 3% increase annually to match "steps" • Virginia Retirement System (VRS) Rates- assumed 1.5% rate increase every other year • Health Insurance- assumed 3% employer contribution increase • Vacancies- no reflection of attrition • Operating Accounts • Inflation to both operating and capital accounts due to rate of inflation (3%) • Increased by amount of known contractual increases (Axon, Microsoft, etc.) • Debt Service is held flat Baseline Forecast 6% 5% 2.91% 3.20% 4/° ° �b 2.64% 3.09 3% 2% 3.03% 1% 3.10% 2.69% 2.46% 2.48 0% -1% -2% FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 —Revenue —Expenditure FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Revenue $1,416,323,984 $1,459,170,048 $1,501,569,029 $1,541,895,807 $1,579,859,541 $1,618,994,907 Expenditure $1,416,323,984 $1,482,521,821 $1,528,475,657 $1,577,383,680 $1,618,978,402 $1,668,977,014 Surplus/Deficit ($23,351,773) ($26,906,628) ($35,487,873) ($39,118,861) ($49,982,107) 26 Potential Impacts on Baseline Forecast • Inflation- Operating Budget contracts • Impacts to existing CIP • Compensation Decisions • VRS • Debt Service • Revenue Assumptions • Update to Revenue Sharing Formula Waste Management Enterprise Fund ■ 28 Baseline Forecast FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Revenue $42,958,493 $42,958,493 $42,958,493 $42,958,493 $42,958,493 $42,958,493 Other Expenditure $38,457,452 $38,762,514 $39,572,153 $40,536,183 $41,397,809 $42,019,561 Recycling Contract $4,796,341 $8,939,376 $9,207,557 $9,483,784 $9,768,298 $10,061,346 Total Expenditures $43,253,793 $47,701,890 $48,779,710 $50,019,967 $51,166,107 $52,080,907 Surplus/Deficit ($295,300) ($4,743,397) ($5,821,217) ($7,061,474) ($8,207,614) ($9,122,414) 29 Potential Impacts to Baseline Forecast • Waste Collection Fee • SPSA Tipping Fee • Recycling costs • Could potentially double • Solutions and possible alternatives are being considered by City staff should costs exceed capacity • Capital Replacement and Reinvestment • Compensation increases • Step Plan • VRS/Health Insurance • Commercial driver's license stipends Town Center Special Services District VB Background • Established in May 2002 • to support the operation and maintenance of parking garages, enhanced maintenance and cleaning of public streets and sidewalks, more frequent garbage removal, enhanced lighting, additional beautification and landscaping for public spaces, as well as extra security in Town Center. • The current real estate surcharge is 45C per $100 of assessed value. • Expenditures are outpacing revenue growth. • For example, Real Estate revenue growth 1.9% on average Baseline Forecast FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Revenue $3,080,426 $3,125,468 $3,171,366 $3,218,135 $3,265,794 $3,314,358 Expenditure $3,861,696 $3,886,168 $3,985,533 $4,087,880 $4,193,297 $4,301,877 Surplus/Deficit ($781,270) ($760,700) ($814,168) ($869,745) ($927,503) ($987,519) umulative and Balance $1,181,584 $420,884 ($393,284) ($1,263,029) ($2,190,532) ($3,178,051) *The Adopted FY 2023-24 Operating Budget includes a balanced Town Center SSD Fund. Balancing the fund is the use of $781,270 in fund balance which is reflected as a deficit in the table as it occurs as a draw down on the cumulative fund balance. Tax Rate Analysis • FY 2023-24 Budget Reconciliation provided direction to City Staff to review the Real Estate surcharge, service provided, and examine a potential split of the commercial and residential real estate rate • There are three areas that require City Council action or direction to establish/implement different tax rates for residential and commercial properties 1. Establish a sustainable fund 2. Establish new SSD boundaries 3. Establish cost/benefit proportionality between residential and commercial properties Tax Rate Analysis Continued . . . . . 1. Establish a sustainable fund • A rate adjustment up of 15.61C is necessary to balance the fund in a sustainable manner to a total rate of 60.61C Real Estate 2,370,626 3,253,625 3,315,444 3,378,437 3,442,627 3,508,037 Revenue Other Revenue 709,800 709,800 709,800 709,800 709,800 709,800 Expenses 3,861,696 3,886,168 3,985,533 4,087,880 4,193,297 4,301,877 Surplus/Deficit ($781,270) $77,257 $39,710 $357 ($40,870) ($84,040) Fund Balance $1,181,584 $1,258,841 $1,298,551 $1,298,908 $1,258,038 $1,173,999 Tax Rate Analysis Continued . . . . . 2. Establish New SSD Boundaries • The City would need to establish separate Special Service Districts for the residential properties and commercial properties with each district have a separate SSD rates. 3. Establish Cost/Benefit Proportionality between Residential and Commercial Properties • Any reduction in the residential rate would result in an increased rate for the commercial taxpayers that would offset the revenue loss previously paid by residents, to keep the fund whole. Tax Rate Analysis Continued . . . . . Cost Breakdown by Block • There are 13 block currently in the SSD, with the equivalent of one block being residential and 12 blocks being commercial. • This would result in a residential rate of 30.42C and a commercial rate of 70.69C. Real Estate Revenue 2,370,626 Residential Real Estate Rate 30.42C 250,279 255,034 259,880 264,817 269,849 Commercial Real Estate Rate 70.69C 3,003,346 3,060,410 3,118,557 3,177,810 3,238,188 Other Revenue 709,800 709,800 709,800 709,800 709,800 709,800 Expenses 3,861,696 3,886,168 3,985,533 4,087,880 4,193,297 4,301,877 Surplus/Deficit (781,270) 77,257 39,710 357 (40,870) (84,040) Fund Balance 1,181,584 1,258,841 1,298,551 1,298,908 1,258,038 1,173,999 Tax Rate Analysis Continued . . . . . Cost Breakdown by Square Footage • This option would split the rate based on the percentage of square footage associated with residential and commercial properties. • This would result in a residential rate of 27.92C and a commercial rate of 71.17C. Real Estate Revenue 2,370,626 Residential Real Estate Rate 27.92C 229,706 234,070 238,518 243,049 247,667 Commercial Real Estate Rate 71.17C 3,023,919 3,081,373 3,139,919 3,199,578 3,260,370 Other Revenue 709,800 709,800 709,800 709,800 709,800 709,800 Expenses 3,861,696 3,886,168 3,985,533 4,087,880 4,193,297 4,301,877 Surplus/Deficit (781,270) 77,257 39,710 357 (40,870) (84,040) Fund Balance 1,181,584 1,258,841 1,298,551 1,298,908 1,258,038 1,173,999 Tourism Investment Program VS Baseline Assumptions • Revenue dedications remain unchanged • Revenue growth assumed to occur based on existing actuals • Operating Expenditures assumed to growth at rate of inflation with a few exceptions...example: Hampton Roads Transit • Debt Service for existing projects programmed in CIP • 17th St Improvements, 17th St Stormwater Facility, Atlantic Ave St Imrpove, Atlantic Park, Resort Parking District, Sports Tourism Infrastructure, Convention Center Capital Maintenance, Amphitheater Capital Maintenance, etc. • Special Events- remain primarily flat Baseline Forecast FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Revenue $53,024,533 $57,434,549 $58,664,460 $59,926,990 $61,500,596 $62,830,425 Expenditure $62,263,717 $55,335,893 $53,211,781 $50,583,927 $61,433,473 $57,855,638 Difference *($9,239,184) $2,098,656 $5,452,679 $9,343,063 $67,123 $4,974,787 Cumulative Fund Balance $45,160,816 $47,259,472 $52,712,150 $62,055,213 $62,122,335 $67,097,122 *The Adopted FY 2023-24 Operating Budget includes a balanced TIP Fund. Balancing the fund is the use of $9.2 million in fund balance which is reflected as a deficit in the table as it occurs as a draw down on the cumulative fund balance. Additional Stress Test • This projection includes an alternative scenario that stress tests the capacity of the TIP Fund should the decision be made to appropriate fund balance to support them Baseline 62,263,717 55,335,893 53,211,781 50,583,927 61,433,473 57,855,638 Expenditures Increased Contract 600,000 927,000 954,810 983,454 1,012,957 1,043,345 Rudee Loop 4,000,000 - - - - - Sports Center 6,000,000 - - - - - Total Expenditures 72,863,717 56,262,893 54,166,591 51,567,382 62,446,430 58,898,983 Surplus/Deficit (10,600,000) 1,171,656 4,497,868 8,359,609 (945,834) 3,931,442 Cumulative Fund $34,560,816 $35,732,472 $40,230,340 $48,589,949 $47,644,114 $51,575,556 Balance Virginia Beach City Public Schools vs Key Budget Assumptions - Revenue Revenue Sharing Formula +3.8% +3.3% +3.0% +2.8% +2.8% State +3.0% +3.0% +3.0% +3.0% +3.0% Sales Tax +0.5% +0.5% +0.5% +0.5% +0.5% Federal +$1,000,000 - - - Other Local +$75,000 +$75,000 +$75,000 +$75,000 +$75,000 Students and Characteristics Projected Student Enrollment While total enrollment for VBCPS 67,000 66,000 declined over the last six years 65,000 64,000 63,021 the proportion of students 63,000 62,150 62,142 62,227 62,295 62,000 requiring additional supports 60,000 moons 59, continues to increase 000 N N°Lr) N � N N fV N N N O O O O O N N N N N Economically Disadvantaged Students English Language Learners Students with Disabilities 47% 45.94% 3.66% 14% 45.79% 4/0 3.30% 13.43% 46% 2.89% 14% 45% ° 3% 12.91% 44% 43.60% 2.33% 2.28% 13% 12.57% 43% 2% 1.84% 42% 41.44% 41.23% 41.13% 13% 12.14% 12.28% 41% 12% 11.82% 40% 1% 12% 39% 38% 0% 11% N M Tr N N N N N N N 00 01 O CI4 N M 00 Q1 O CIJ tV f!1 00 Qq O rr-IIJ N M ri r-I N N N N e-1 r-1 N N N N 1--I a--1 N N N N O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N fV N N N Key Budget Assumptions - Expenditures Salary Increase * +4.5% +3.0% +3.0% +3.0% +3.0% (3.0%COLA and 1.5%step) Employer Health Insurance +3.0% +3.0% +3.0% +3.0% +3.0% Employer VRS +1.0% - +1.0% - +1.0% Inflation +3.0% +3.0% +3.0% +3.0% +3.0% PAYGO Funding +$1,000,000 +$1,000,000 +$1,000,000 +$1,000,000 +$1,000,000 *These increases are not a guarantee but a placeholder for future consideration by the School Board as part of the annual budget process. VBCPS Baseline Forecast Revenue $1,014,1381372 $1,043,100,378 $1,071,560,732 $1,099,411,006 $1,128,120,838 Expenditures $1,028,934,336 $1,057,638,870 $110931690,174 $1,124,307,882 $1,162,633,234 Baseline $(14,,795j,964) • ® : • . • . VBCPS Baseline Forecast 1,200,000,000 - (5,000,000) 1,150,000,000 (10,000,000) i,100,000,000 ($14,795,964) ($14,538,492) (15,000,000) 1,050,000,000 ( z , 42) (20,000,000) (,24,896 ) (25,000,000) 1,000,000,000 34° (30,000,000) 950,000,000 ($ 5 ) ii (35,000,000) 900,000,000 — - (40,000,000) FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Forecast Forecast Forecast Forecast Forecast Revenue Expenditures Baseline Forecast What Could Change ? • State biennium budget • Staffing levels • Future healthcare rates • Student enrollment • New programs • State and Federal Mandates • New School Board priorities • PPEA Potential Impact of PPEA on Debt Service • VBCPS is presently in collaboration with Davenport & Company in an ongoing effort to assess the debt service linked to the PPEA and identify potential financial opportunities and risks • Davenport's evaluation of the debt service will not be available until after the presentation of the Five-Year Forecast • VBCPS has partnered with the City's budget staff to construct a preliminary debt service scenario • This scenario is subject to alterations Potential Impact of PPEA on Debt Service • The figures below are based on $518.6 million being debt financed, with three separate bond issuances lined up with the construction start dates of each project • Assumes a 4.5% interest rate and that the division does not take on significant additional debt or provide more cash toward the projects • Baseline Revenue $1,014,138,372 $1,043,100,378 $1,071,560,732 $1,099,411,006 $1,128,120,838 Baseline $1,028,934,336 $1,057,638,870 $1,093,690,174 $1,124,307,882 $1,162,633,234 Expenditure PPEA Debt - $14,016,631 $20,223,723 $15,803,033 $12,623,320 Total Expenditure $1,028,934,336 $1,071,655,501 $1,113,913,897 $1,140,110,915 $1,175,256,554 Scenario Baseline ($14,795,964) ($28,555,123) ($42,353,165) ($40,699,909) ($47,135,716) City and School Combined Forecast Baseline $2,399,070,623 Revenue $ 2,473,308,420 $ 2,544,669,407 $ 2,613,456,539 $ 2,679,270,547 $ 2,747,115,745 Baseline $2,399,070,623 Expenditure $ 2,511,456,157 $ 2,586,114,527 $ 2,671,073,854 $ 2,743,286,284 $ 2,831,610,248 Combined $- Deficit $ (38,147,737) $ (41,445,120) $ (57,617,315) $ (64,015,737) $ (84,494,503) City $- $ (23,351,773) $ (26,906,628) $ (35,487,873) $ (39,118,861) $ (49,982,107) VBCPS $- $ (14,795,964) $ (14,538,492) $ (22,129,442) $ (24,896,876) $ (34,512,396) 11- . BPOL Reduction Scenarios • Commissioner of Revenue Office recommends increasing the gross threshold receipts from $200,000 to $250,000 • Increasing the threshold would result in a potential revenue reduction of $453,425 • Direction will be needed prior to January 2024 if this reduction is to occur Baseline $2,399,070,623 $2,472,643,019 $2,543,997,351 $2,612,777,763 $2,678,584,983 $2,746,423,326 Revenue Baseline $2,399,070,623 $2,511,244,181 $2,585,900,431 $2,670,857,617 $2,743,067,885 $2,831,389,665 Expenditure Combined $- $(38,601,162) $(41,903,079) $(58,079,854) $(64,482,901) $(84,966,339) Deficit City $- $(23,593,222) $(27,150,491) $(35,734,175) $(39,367,626) $(50,233,360) VBCPS $- $(15,007,940) $(14,752,588) $(22,345,679) $(25,115,275) $(34,732,979) Real Estate Rate Reduction Scenario # 1 • 1� Rate Reduction • Base Rate would be 98� per $100 of assessed value • Reduction of revenue would be shared between City ($4.2 million) and VBCPS ($3.6 million) Tax Scenario- Real Estate $3,000,000,000 $2,800,000,000 $2,600,000,000 $2,400,000,000 $2,200,000,000 $2,000,000,000 FY 2023-24 FY 2024-25 FY 202526 FY 202627 FY 2027-28 FY 2028-29 Revenue S2,399,070,623 $2,461,799,450 S2,532,746,114 S2,601,163,624 S2,666,658,016 $2,734,175,288 Expenditure $2,399,070,623 S2,507,789,756 52,582,316,136 $2,667,157,712 $2,739,268,323 S2,827,487,820 Combined Deficit $- $(45,990,306) S(49,570,022) 5(65,994,088) S(72,610,307) 5(93,312,531) City 5- S(27,527,941) $(31,233,138) 5(39,948,505) S(43,695,469) $(54,677,707) VBCPS $ $(18,462,365) S(18,336,883) 5(26,045,584) S(28,914,837) S(38,634,824) 55 Real Estate Rate Reduction Scenario #2 • 3� Rate Reduction • Base Rate would be 96� per $100 of assessed value • Reduction of revenue would be shared between City ($12.5 million) and VBCPS ($11 million) Tax Scenario- Real Estate $3,000,000,000 52,800,000,000 52,600,000,000 $2,400,000,000 $2,200,000,000 52,000,000,000 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Revenue S2,399,070,623 52,438,781,510 52,508,899,528 $2,576,577,794 S2,641,432,954 52,708,294,375 Expenditure $2,399,070,623 $2,500,456,954 $2,574,719,353 52,659,325,429 $2,731,232,400 $2,819,242,963 Combined Deficit 5- $(61,675,444) $(65,819,825) $(82,747,635) $(89,799,446) $(110,948,588) City 5- 5(35,880,277) $(39,886.158) $(48,869,769) 5(52,848,686) 5(64,068,907) V8CP5 5- 5(25,795,167) 5(25,933,666) 5(33,877,867) 5(36,950,760) 5(46,879,681) 56 Real Estate Rate Reduction Scenarios • 7� Rate Reduction (close to revenue neutrality) • Base Rate would be 92� per $100 of assessed value • Reduction of revenue would be shared between City ($29.2 million) and VBCPS ($25.6 million) Tax Scenario- Real Estate 53,000,00D,000 $2,800,000,000 $2,600,000,000 52,400,000,000 $2,200,000,000 $2,000,000.000 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Revenue 52,399,070,623 S2,392,745,630 52,461,206,356 S2,527,406,134 $2,590,982,831 52,656,532,548 Expenditure 52,399,070.623 S2,485,791,350 $2,559,525,787 S2,643,660,863 $2,715,160,555 52,802,753,250 Combined Deficit 5- 5(93,045,720) $(98,319,431) $(116,254,729) $(124,177,724) 5(146,220,702) City 5- 5(52,584,949) $(57,192,198) $(66,712,2%) 5(71,155,119) 5(82,851,308) VBCPS 5- S(40,460,771) $(41,127,232) S(49,542,433) S(53,022,605) 5(63,369,394) "kip 57 -• s- I I I I I I u.. SHORT TERM RENTAL PROGRAM NOVEMBER 28, 2023 VIRGINIA BEACH TOPICS COVERED • History of the STR Program • Types of STRs • STR Program Data • STR Zoning Permit Process • Permit Requirements ' • Role of the Commissioner of Revenue * • Permitting Challenges • Enforcement Process, Tools, Data, and Challanges • Education and Outreach • Discussion SHORT TERM RENTALS 2 L- 15 CITY MANA I BRIEFINGS SHORT TERM RENTALS PROCESS I , , ENFORCEMENT Here is ' Program History: PROGRAM HISTORY Prior the adoption of STR Ordinance: • Actions of the General Assembly • 2017-Senate Bill 1578 allowed localities to establish a STR registry. • 2018- Uncodified Acts Chapter 758 permitted STRs in Sandbridge as a principal use • November 7,2017-City Council Resolution for Planning Commission to consider three Ordinance options • January 15,2019-Adoption of STR regulations into the Zoning Ordinance • STRs permitted throughout the City with a Conditional Use Permit(CUP) • Grandfathered properties permitted by right,subject to certain regulations • _July_1.3_;2021-STR Overlay District is established(Oceanfront Resort District) • September 7, 2021- Language added to the Zoning Ordinance requiring Life Safety Inspections and Structural Safety Report F tp SHIRT iER.�RENTALS YCJ The next Islidesprovide an overview I ' different typesI ShortRentals I I TYPES OF SHORT TERM RENTALS • Grandfathered Properties • Sandbridge Special Service District a; • Conditional Use Permits • City-Wide (January 15,2019—July 13,2021) _, � • STR Overlay - Oceanfront Resort (After July 13,2021) • Home Sharing SHORT TERM RENTALS�4 V� November i 16 CITY MANA GER'S BRIEFINGS SHORT TERMRENTALS PROCESSAND ENFORCEMENT GRANDFATHERED PROPERTIES GRANDFATHE!RED STRs District 1 � • Definition: District 2 70 • Any STR that registered and paid transient District 3 11 occupancy taxes to the COR prior to July 1,2018 District 4 10 District 5 ® • There are 428 grandfathered STRs throughout the District 6 164 City District 7 © • 160 of these properties have a STR Zoning Permit District 8 42 District 9 34 District i 10 City-Wide 428 SHORT TERM RENTALS�5 VB SANDBRIDGE SPECIAL SERVICE DISTRICT • April 4,2018 • The General Assembly mandated that STRs shall be permitted as a principal use in the Sandbridge Special Service District with certain regulations • There are approximately 850 STRs advertised in the Sandbridge SSD • STRs in the Sandbridge SSD are permitted; however,they must still obtain an annual permit • Zoning Office has issued 350 permits SHORT TERM RENTALS�6 VB November i SHORT17 CITY AlANA GER'S BRIEFINGS PROCESS / ENFORCEMENT CONDITIONAL USE PERMITS ®® cups Present) � January 15,2019 • CUP for all new STRs District 000 throughout the City District 20 0 0 162 issued District ©0© Jul 13,2021 District ©0© CUP limited to STRs in the ®®®® Oceanfront Resort District ®® 63 ® ONLY. District ©0© 86 issued District 8000 ® 8 0 8Is ric Total Zoning Permits for CUPS 202 248 issued SHORT TERM RENTALS�7 VB HOME SHARING • Definition: • A portion of a dwelling rented for compensation for less than 30 consecutive days • Owner uses the dwelling as their primary residence �'�. • Owner occupies the dwelling during ��� the rental period • No Zoning Permit required • Must maintain registration with the COR ��` • 201 Currently Active SHORT TERM RENTALS�8 V� November 18 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS PROCESS AND ENFORCEMENT ITEM#75013 (Continued) Here is the Short Term Rental Data: SHORTDATA Total Registered with COR(active) 2,699 Advertised with Host Compliance 3,030 Annual Zoning Permits Issued 729 Annual Zoning Permits Pending 193 Grandfathered Properties 428 CUPs Approved 248 Home Shares(active) 201 Each STR is required to have an annual Zoning Permit: PROCESSSTR ZONING PERMIT renewedA Zoning Permit is required for each address used as an STIR . Must be annually includeA complete STIR application must the following: 00 Application InspectionParking Plan Sworn Statement Form -.. ReportStructural Safety . decksLiability Insurance Policy-$1 Million minimum coverage - .. of Registration with the COR November 28, 2023 I • SHORTRIEFINGS PROCESS STR ZONING PERMIT PROCESS Here • Role of the Commissioner of Revenue • STRs and Home Shares are required to register and/or renew business licenses each (valid January 1 to December 31) �-_��� • Zoning Office reviews each registration ,-■," and business license to determine: 1. If the property is eligible for an STR;and 2. If the property is grandfathered (paid taxes prior to July 1,2018) SHORT TERM RENTALS�it V8 are thePermittingChallenges: PERMITTING CHALLENGES November • Structural Safety Report • Difficulty for property owners to hire a 'Licensed Design Professional' who will certify pre-existing conditions(decks,stairs,balconies,etc.) Repairs to the structure or property _ • Construction typically takes 6-8 months due to contractor backlog. • STR Application remains pending until complete. _ . .. _ • Parking • Difficulty meeting the one space per bedroom requirement(particularly grandfathered properties). SHORT TERM RENTALS i 12 Ya • 2023 I SHORTCITY MA NA GER'S BRIEFINGS PROCESSI ENFORCEMENT enforcementThe process provided below and is dependent on r- of i t r and corrective actions r by r r r ENFORCEMENT PROCESS AN Fines: • $200 first offense • $500 every offense thereafter • Fines>$5,000 move to a criminal misdemeanor Investigation Option to Prepay ; I(Liable:Fine Incurced 1-2 weeks 30.611 days Summons Served I Court Date J`Court Hearing #Injunction Filed:Court Order Sat SHORT TERM RENTAl5113 ENFORCEMENT TOOLS • Host Compliance • Service allows staff to locate and obtain necessary information for STRs operating on a variety of platforms. • Provides a 24/7 hotline service • Information is taken by the service and forwarded to staff. II sr+oantRn�RFNinu��a `�;'�y November : 2023 21 CITY AMNA GER'S BRIEFINGS / , TERM RENTALS T PROCESS I ENFORCEMENT ITEM#75013 ENFORCEMENT TOOLS • Signs . , a* at each STR propeRental pfoperty rty providing the contact information for the STR 311 Here hotline. • Complaints are primarily received through 1. calls directly to the Zoning office; 2. calls to the City's 311 system;and _ 3. calls to the Host Compliance 2417 hotline. 6HOR77ERM RENTAIS�16 V` are the EnforcementChallenges: ENFORCEMENT CHALLENGES Amma • Difficulty serving the summons due to the personal service requirement. • There are four STR staff members that � � process all permits and facilitate enforcement. • Repeat Offenders .- ' ilin � • Violators pay fines and continue to operate • Owners advertise, book stays, then remove the advertisement. SHORT TERM RENTALS 116 VP November i 22 CITY MANAGER'S BRIEFINGS SHORT TERM RENTALS PROCESS AND ENFORCEMENT ITEM#750I3 (Continued) Here is the Enforcement Data: ENFORCEMENTDATA STR Enforcement Actions Summons issued since February 2022 �. • Voluntary Compliance(advertisement removed or 136 permit obtained) • Fines are paid prior to court date 48 • Court case ruled in City's favor(penalty imposed) 38 • Court case dismissed by Judge 7 • Not able to serve the summons 40 EDUCATION : OUTREACH Dedicated Short Term Rental webpage and email https://pIanning.virginiabeach.gov/permits/short-term- rental STR@vbgov.com FAQ Information package provided to all applicants Short-Term Rentats Participation in the Hampton Road Regional STIR Workgroup STIR panels with real estate and civic organizations that include other localities to discuss the permitting process an• answer questions. SHORT TERM RENTALS 118 November 28, 2023 23 CITY MANA GER'S BRIEFINGS SHORT TERM RENTALS PROCESS AND ENFORCEMENT ITEM#75013 (Continued) DISCUSSION SHORT TERM RENTALS 19 Mayor Dyer expressed his appreciation to Mr. Kemp for the presentation. November 28, 2023 24 CITY MANA GER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#75014 Mayor Dyer welcomed Kaitlen Alcock, Planning r r i and Kevin Kemp, Zoning Administrator Planning and Community Development. i expressed her appreciation ti City Councilfor continued rri PLANNING � � --- There December 12t NCIL MEETING nyr. VIRGINIA ��� BEACH are Planning r r December SUMMARY — December 12th 7 Planning Items Scheduled for City Council's Consideration 1. Ciry of Virginia Beach • An Ordinance to amend Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications • Recommended for Approval by Planning Commission&Staff 2. City of Virginia Beach • An Ordinance to add Sections 237 and 901 of the City Zonine Ordinance certainina to the use of Mini-warehouses in the BdC Zonine District • Recommended for Approval by Planning Commission&Staff 3. Michael D.Sifen,Inc—District 2 • Conditional Rezoning(AG-1&AG-2 Agricultural Districts to Conditic�, R-10 Residential Distrito) • Recommended for Approval by Planning Commission&Staff 4. Amberly Carter—District8 • Modification of Conditions)Assembly Use) • Recommended for Approval by Planning Commission&Staff S. Ruffln 86,LLC—District 6 • Subdivision Variance(Section 4.4(c)of the Subdivision Regulations) • Recommended for Approval by Planning Commission&Staff November i 25 CITY AMNA GER'S BRIEFINGS PENDING PLANNING ITEMS ITEM# / ' SUMMARY — December 12th 7 Planning Items Scheduled for City Council's Consideration 6.Anna Castillo-Lora—District 3 • Conditional Use Permit(Assembly Use) • Recommended for Approval by Planning Commission&Staff 7.Bonney Bright Sand Co—District 2 • Modification of Conditions(Borrow Pit) • Recommended for Approval by Planning Commission&Staff Alcock turnedthepresentation over toMr. Kemp Iprovidethe next twoPlanning CITY OF VIRGINIA BEACH 1 An Ordinance to amend Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications November : 2023 26 CITY AMNA GER'S BRIEFINGS PENDING PLANNING ITEMS ITEM# / ' CURRENT ZONING REGULATIONS • Development under the current zoning regulations. 1. By-right development • Properties are permitted to develop usingthe zoning in place prior to the adoption of AICUZ(December 20,2005) • Maximum density set by the underlying zoning district 2. Discretionary development(conditional rezoning) • Limited by the actual number of units on the property at the time the application is submitted • Does not account for previously authorized dwelling units of the zoning district • Rezoning applications to mixed use or other more desirable development patterns are disincentivized.Property owners and developers prefer by right development to maximize density �/p ZOA-AICUZ�S YV PROPOSED AMENDMENT • Defines Previously Authorized Dwelling Units-Residential uses currently permitted or approved prior to December 20,2005: (1)as a matter of right (2)subjectto a conditional use permit (3)subjectto any prior City Council approval • Allows City Council to consider a discretionary application or modification that would: (1)Change the form and/or relocate Previously Authorized Dwelling Units (2)Incorporate additional land (3)Introduce compatible uses,as per section 1804 ZOA-AICUZ�6 VS November i PROPOSED AMENDMENT CONT'D • Allowance is subject to the following: 1) No Previously Authorized Dwelling Units shall relocate to a higher noise zone or into an Accident Potential Zone or Clear Zone;and 2) The number of Previously Authorized Dwelling Units affected or changed by the discretionary action must be reduced by 5% • No actions shall be allowed that provides an additional bonus density(City Zoning Ordinance,Article 21,Workforce Housing) mA-aicuz�� V� PROPOSED AMENDMENT CONT'D • This amendment shall not require the reduction of Previously Authorized Dwelling Units for discretionary actions that: 1) Shift Previously Authorized Dwelling Units to a lower noise zone(only for the units being moved,not the entire development);or 2) Modify conditions or proffers where:(1)the number of Previously Authorized Dwelling Units is not increased,(2)the site layout or building design is modified,and(3)no additional uses are proposed;or 3) The Zoning Administrator determines it is redevelopment and meets the criteria set forth in Section 1804(d)of the Zoning Ordinance ZOA-AICUZ�B VB November i BRIEFINGS28 PENDING PLANNING ITEMS INITIATIVES TAKEN • City staff has worked alongside NAS Oceana to draft the proposed amendment(Staff received a letter of support from the Navy) • Benefit to NAS Oceana-Provides a reduction in overall units by 5% • Benefit to the City and Development Community-Allows City Council to consider discretionary actions that provide development consistent with the Comprehensive Plan and updated development patterns 20A-AICU219 VB CITY OF VIRGINIA BEACH ITEM 2 An Ordinance to amend Sections 237 and 901 of the City Zoning Ordinance pertaining to the use of Mini-warehouses in the B-4C Zoning District November 2023 BACKGROUND • The B-4C Central Business Mixed Use District is a zoning district limited to the Waterfront Area,Core Area,and Bonney Area of the Pembroke SGA • Development within the B-4C Central Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use Development Guidelines • Mini-warehouse use is not currently permitted within the B-4C district �i VB PROPOSED AMENDMENT Sec.901.Use regulations. (a)Principal and conditional uses.The following chart lists those uses permitted within the B-1 through 8-4K Business Districts.Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a"P"or as conditional uses indicated by a"C."Uses and structures indicated by an"X"shall be prohibited in the respective districts.No uses or structures other than as specified shall 29 CITY AMNA GER'S BRIEFINGS PENDING PLANNING ITEMS be permitted. Use B-1 B-lA B-2 B-3 Mini-warehouses:must comply with the November 2023 PROPOSED AMENDMENT Sec.237.Mini-warehouses. The following special requirements and limitations shall apply to mini-warehouses in the B-4C district: (c)Form.Mini-warehouses in B-4C must also be in amulti-story,fully enclosed,mixed-use building. (1)Such building shall include two(2)or more uses.Applicable uses include Retail Sales,Services,Office,Institutional,Recreational,Industrial,and uses permitted by the governing zoning district.The storage facility shall be counted as one of the uses (2)No storage units shall be located on the ground floor;however,a maximum of thirty(30)percent of the ground floor area may be used asstorage-related office and/or retail space `+p MICHAEL D. SIFEN, INC iTEh'' City Council:District 2 Location:2000&2004 Princess Anne Road 11 30 CITY MANA GER'S BRIEFINGS PENDING PLANNING ITEMS Mr. Kemp turned the presentation over to Ms.Alcock: t � - r,;�� AW �. •y�zt�f�� CONDITIONAL REZONING (AG-1&AG-2 Agricultural Districts to Conditional R-10 Residential District) Staff recommends Approval Planning Commission voted 8 toQ, mmend A 14 vas November 2023 31 CITY MANA GER'S BRIEFINGS PENDING PLANNING ITEMS ITEM / ' fr • Rezoning of 38.6 acres f rom AG-1&AG-2 to Conditional R-10 to develop a 38-lot single-family subdivision with a density of 0.98 units per acre MICHAEL D.AFEN,INC 115 V� � �� I,� I f Property is within the 65-70 dB DNL noise zone,Sub-Area 2 and Transition Area - 1 I 1RP&TA/ITA CAC find the proposal to be compliant with the AICUZ Regulations J and Transition Area Design Guidelines ga 9-1 • Development meets the Transition Area Design Guidelines: �SY,_.�; Density below 1 unit per acre • 150-foot buffer with multi-use trail • 62%open space • Pedestrian paths throughout the development Housing styles that reflect the rural transitional architecture • Deviation request to provide a 20-foot buffer rather than[he required SO-foot buffer for Lots 6 through 9(abutting Vanguard Landing) d3 1 speaker in opposition at the Planning Commission hearing 6 H' a ., ■� l letter of concern(stormwater/drainage) MICHAEL D.SIFEN,INC 116 VB November RIEFINGS 32 PENDING , PLANNING AMBERLY CARTER City Council:District 8 4 Location:2105 West Great Neck Road MODIFICATION OF CONDITIONS (Assembly Use) Staff recommends Approval Planning Commission voted 8to4tp;, olnmend Annraua 17 ra • Request for a Modification of a Conditional Use Permit for Assembly Use granted by City Council on � a, February 18,2020 \ _ � Seeking to expand event rental space to the existing outdoor covered patio r` in the rear of building ;�`� � � No increase in attendees per event anticipated • Parking on-site exceeds code requirement,supplemented by parking agreements with surrounding - property owners i AMBERLY CARTER 118 �_ November i BRIEFINGS33 PENDING PLANNING ITEMS r. , '� •�_i.: 'Ili. • Renovations proposed to exterior patio to hold small events • Applicant originally seeking modification of Condition 9 to allow amplification of music and use of speakers outside until 8:00 p.m. • Due to concerns expressed by adjacent property owners,the Applicant agreed at the Planning Commission hearing to remove the modification of Condition 9.The amplification of music and use of speakers will remain within the main building,as noted in the modified condition • 13 letters of opposition,Petition in Opposition containing 30 signatures AMBFRIV CARTER 119 �B RUFFIN 86, LLC ITEM City Council:District 6 5 Location:109A&309B 86`"Street&8600 Ocean Front Avenue G SUBDIVISION VARIANCE(Section 4.4(c) of the Subdivision Regulations) Staff recommends Approval Planning Commission voted to recommend A royal 20 34 CITY AMNA GER'S BRIEFINGS PENDING PLANNING ITEMS ITEM# / ' Plopei-ty Line to be vacated Request for a Subdivision Variance for cornerlot width • Lot recorded in 1925 as a 60-foot by 1S0-foot parcel • Subdivided into 2 lots by deed in PROPOSED 1944&1960 • Applicant seeks to vacate the interior property lines to restore back to the original SO-foot by 150-foot lot • Variance required as lot width is only 50-foot,rather than the 60 feet required by today's standards RUF FIN 86.LLC 111 �rfi f � 11 PROPOSED NORIH ELEVATION • 3 dwellings currently exist and will be demolished to construct lsingle-family dwelling • Proposed exterior design ofsingle-family dwelling reflects the character of the area with high-quality materials • BZA Variance is required to meet rear&side yard setbacks and height requirements(Proposed 42 feet in height instead of required 35 feet) • No known opposition RUFFiN s6,uc I zz VQ November i 35 CITY MANA GER'S BRIEFINGS PENDING PLANNING ITEMS ANNA CASTILLO-LORA City Council:District 3 6 Wl iHdRalNF CT Location:4356 Holland Road,Suite 301 CONDITIONAL USE PERMIT(Assembly Use) Staff recommends Approval Planning Commission vot Aso Onto recommend Approval Z3 VS i• � Request for an Assembly Use within an existing 2,070 square foot unit r' s , Alcohol and tobacco-free event venue ' 1 i` Maximum of 80 guests per event �" - 1 'i, anticipated by the applicant;final { occupancy to be determined by the Fire �•,� / � `,� Marshal -, �. `,�\ ,'� `; Parking permitted to be shared with ,,34�;..��' '? � adjacent parcel since it is under common r+''� ��i � ♦ `•• ' A ownership O ANNA CASTILLO-LORA 124 VB November 2023 BRIEFINGS36 PENDING PLANNING ITEM#75014 .i vim s • No kitchen proposed onsite No outdoor events or outdoor amplified music permitted • Proposed hours of operation:9:00 am to 10:00 pm,daily • No known opposition ��p ANNA CASTILlO-LORA 125 Mo BONNEY BRIGHT SAND CO. ITEM City Council:District 2 7 location:200 Princess Anne Road MODIFICATION OF CONDITIONS Staff recommends Approval Planning Commission voted; to recommend A rov ze V November 2023 37 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM I ' • Modification of Conditions to Propowd expand the excavation area by adding 13.9 acres to the CUP • Sand excavation operations ongoing onsite since the 1970's • Previous Modifications approved to add additional land and to ',, I extend the reclamation of the pit ' to 2030 • Operating without incident and in �'. compliance with State regulations ss BONNEV BRIGHT SAND CO.I27 VB • No impacts to drinking water wells or salt intrusion into the aquifer • Hours of operation:7:00 a.m.to 7:00 p.m.,Monday-Saturday;No operations on Sundays • No known opposition BONNEY BRIGHTSANU C0.128 VB Mayor I 'I his appreciation tI Ms. Alcockand Mr. Kempforpresentation. November i 38 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75015 5:38 P.M. Vice Mayor Wilson distributed copies of the proposed Resolution, "Establishing the 90-Day Festival Task Force"and advised it will be considered on December Yh, attached hereto and made a part of the record. Vice Mayor Wilson asked if any Council Members would like to be added as a sponsor to let her know. Council Member Wooten asked if the task force is going to look at the festivals in the past that have requested funding from City Council, or will the taskforce create criteria andpolicy for all of the festivals the City has who request support? City Manager Duhaney advised the Body can determine and define the scope of the taskforce and explained the policy the City uses in managing festivals has not been updated in twenty (20)years and believes it would be helpful to have it updated with guidance on funding festivals. Vice Mayor Wilson advised this can possibly be a two-step process with first creating standards and then the Body can decide if a commission should be established. Vice Mayor explained that Council Member Berlucchi's idea to have a Arts and Humanities Commission Member appointed to the taskforce is good as that Commission determines funding for groups and has experience. Vice Mayor further explained this taskforce would look at community festivals and not the larger ones like the Something in the Water Festival. Council Member Berlucchi advised he is comfortable with the proposed composition of the taskforce and believes the taskforce can consider all ideas and concerns the Body may have. Council Member Schulman expressed his support and believes all festivals should be considered since festival organizers request different types of support such as a tax reduction or contribution. Council Member Schulman suggested including levels of support and criteria that would ensure all organizers requesting support are considered equally. Council Member Schulman asked if the members to be designated by each Council Member have to be from that Council Member's District? Vice Mayor Wilson clarified that each Council Member may recommend anyone with no District requirement. Council Member Remick asked if each association listed in the composition requirement will appoint members? Vice Mayor Wilson advised the associations can make recommendations for City Council appointment. Council Member Wooten expressed concerns for the smaller community festivals to be equally supported and shared concerns she has received such as some organizers receiving more funding and marketing support than others who make the same request. Council Member Wooten asked if the taskforce will look at all festivals? City Manager Duhaney advised the taskforce will only make recommendations to City Council and then the Body can decide what to approve. November 28, 2023 39 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#75015 (Continued) Council Member Ross-Hammond asked if the task force will look at smaller festivals or the larger ones, or all? Council Member Ross-Hammond advised some of the organizers for the smaller festivals do not know the process to request support and believes having members from the Resort Advisory Commission on the task force would be beneficial since they have experience with large festivals. City Manager Duhaney advised the direction of the task force is determined by the Body, the Body can direct the task force to make recommendations for small community festivals and make different recommendations for the larger festivals Vice Mayor Wilson advised the Body does not have time to ensure all organizers who request support are considered equally and acknowledged that the Body has not provided all festivals the same support, adding the benefit of having a task force is to have them take the time to create a process so future requests can be considered fairly. Council Member Taylor believes the taskforce is a good idea but is concerned the scope is a little too broad and may need additional time beyond 90 days. Council Member Remick asked if 90 days is enough time for the task force to make recommendations? City Manager Duhaney advised the 90 day time period is based on the time past task forces were given and can be extended if needed. November 28, 2023 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, AND SCHULMAN 1 A RESOLUTION ESTABLISHING THE 90-DAY 2 FESTIVAL TASK FORCE 3 4 WHEREAS, the City of Virginia Beach hosts many different festivals, both at the 5 Oceanfront and throughout the City, that local residents enjoy and that also attract tourists 6 and other visitors to the City; 7 8 WHEREAS, the City receives many requests from festival organizers for financial 9 support, and the City Council desires to establish a process whereby such requests could 10 be evaluated to determine the amount of funding, if any, that should be provided to a 11 particular festival, including those that are produced by community-based organizations 12 and festivals that are secured by the City to generate a positive economic and tourism 13 impact; 14 15 WHEREAS, the City also supports festivals by facilitating the use of City-owned 16 property, including both public areas and City facilities, and the City provides significant 17 public safety, traffic management, clean up, planning and logistical support, and these in- 18 kind City services have a financial value for the festivals; 19 20 WHEREAS, the City Council previously established the Arts and Humanities 21 Commission and the Community Organization Grant Review and Allocation Committee; 22 the former evaluates requests for City financial support by organizations that provide a 23 variety of artistic and cultural activities and programs; the latter evaluates requests for 24 City financial support from qualified non-profit organizations that provide services that 25 enhance the quality of life for City residents; and both are allocated a set amount of total 26 funding in the City's annual operating budget, and they use grant criteria to determine the 27 amount of funding, if any, that will be provided to applicant organizations; 28 29 WHEREAS, the City would benefit from creating a facilitated 90-Day Festival Task 30 Force to provide recommendations for developing criteria for the allocation of City funding 31 in support of festivals, and once those criteria are developed and approved by the City 32 Council, the City Council could consider allocating funds for festivals in a way that is 33 similar to the allocation of arts and humanities and community organization funding; 34 35 WHEREAS, the Task Force would provide recommendations for updating and 36 revising the Oceanfront Parks Policy and provide recommendations in developing 37 evaluation criteria to include, among other metrics, an analysis of the potential return on 38 investment via the attraction of tourists and visitors to large festivals, as well as an 39 analysis of the return on investment, via the impact on our community and residents, for 40 festivals that are held primarily for the enjoyment of local residents; and evaluation criteria 41 should also ensure that City-supported festivals will be inclusive and appeal to diverse 42 audiences, with festivals held not only at the Oceanfront but throughout the City; 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA, THAT: 46 47 1. The City Council hereby establishes the 90-Day Festival Task Force, which 48 shall be a facilitated task force. 49 50 2. The Task Force shall serve in an advisory capacity to the City Council, and the 51 City Council shall appoint its members. 52 53 3. The Task Force shall consist of 17 voting members, including a member 54 designated by each member of the City Council as well as a representative of each of the 55 following entities: the Resort Advisory Commission, the Arts and Humanities 56 Commission, the Minority Business Council, the Central Business District Association, 57 the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. 58 59 4. The Task Force shall provide its recommendations within 90 days of its first 60 meeting, and the Task Force will automatically dissolve upon submission of those 61 recommendations. The Task Force may recommend that a citizens committee be 62 created to evaluate festival funding requests, and if the Council agrees, the Council may 63 create a new committee or commission for that purpose. 64 65 5. The City Manager and the City Attorney shall provide staff support to the 66 facilitated 90-Day Festival Task Force, including: a facilitator; a representative of the 67 Convention and Visitors Bureau with event programming responsibilities; a 68 representative of the Parks and Recreation Department with event programming 69 responsibilities for City parks, including but not limited to Mount Trashmore; a 70 representative of the Emergency Management Department; and a representative of the 71 Department of Budget and Management Services. 72 73 6. The 90-Day Festival Task Force shall propose revisions to the current 74 Oceanfront Parks Policy and develop festival funding review criteria and processes, and 75 it shall submit those recommendations to the City Council for its consideration within 90 76 days of the Task Force's first meeting so its recommendations can be considered prior to 77 the submittal of the City Manager's Proposed Fiscal Year 2024-25 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. 40 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#75016 (Continued) Council Member Schulman reminded the Body and viewing public that he and Council Member Ross- Hammond will host a joint District 4 and 9 Town Hall on November 29`h from 6:30 — 8:00 P.M., at Renaissance High School. Council Member Schulman advised staff there to provide code enforcement, neighborhood preservation, homeless response and recycling issues as well as representatives from the Western Bayside initiative to share their efforts on improving the relationships between youth, law enforcement and residents in Western Bayside. November 28, 2023 41 CITY COUNCIL DISCUSSIONIINITMTIVES/COMMENTS ITEM#75017 (Continued) Council Member Remick distributed copies of the proposed Ordinance to, "Appropriate fund from the Tourism Investment Program fund balance and to award a $170,000 grant to the Hampton Roads Soccer Council"and advised it will be considered on December Y4,attached hereto and made a part of the record. Council Member Remick advised the funds are to allow the Hampton Roads Soccer Council to begin developing the site plan and is not to begin any work. Council Member Henley advised there was a Capital Improvement Project (CIP) established during the FY2022123 budget and was refunded in the current budget up to$16 Million and specifically includes the Hampton Roads Soccer Complex as one of the beneficiaries and believes the funding is already available. City Manager advised the Body received a briefing on the CIP in September and provided the Body with a couple of options which included investing in new opportunities or to reinvest to enhance what is already established. The Body directed staff not to invest in any new opportunities and to reinvest in the Hampton Roads Soccer Complex, the Sportsplex and look at what opportunities can be found with the Princess Anne Athletic Complex (PAAC). City Manager Duhaney advised staff has followed that direction and the requested amount from the Sportsplex and PAAC exceeds the amount appropriated. City Manager Duhaney further advised the $19-Million appropriated is not$19-Million in cash, there is approximately $1.4-Million in cash that would support $19-Million in debt, adding, the requested $170,000 for the Hampton Roads Soccer Complex would reduce the$1.4-Million in available cash. Council Member Henley believes the money should have been appropriated last year to avoid having this shortage and hopes this issue will be avoided in the future. Council Member Taylor advised funding which was committed for the Hampton Roads Soccer Complex was moved from the sports tourism budget last year to support the surf park and believes the City Manager can expand on that in his response to Council Member Henley. November 28, 2023 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK, ROSS- HAMMOND, SCHULMAN, AND TAYLOR 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 TOURISM INVESTMENT PROGRAM FUND BALANCE 3 AND TO AWARD A $170,000 GRANT TO THE HAMPTON 4 ROADS SOCCER COUNCIL 5 6 WHEREAS, the Hampton Roads Soccer Council has requested a grant in the 7 amount of$170,000 for site plan and engineering work in preparation for its plans to return 8 and light several soccer fields at the Hampton Roads Soccer Complex; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1) $170,000 is hereby appropriated from the fund balance of the Tourism 14 Investment Program Fund to Non-Departmental Regional Grants. 15 16 2) A grant of$170,000 is hereby awarded to the Hampton Roads Soccer Council 17 to allow it to begin site plan and engineering work at the Hampton Roads 18 Soccer Complex. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA R-1 November 28, 2023 42 ITEM#75018 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees • Performance of Council Appointees November 28, 2023 43 ITEM#75018 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Berlucchi, City Council voted to proceed into CLOSED SESSION at 6.08 P.M. Voting. 10- 0 Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Closed Session 6:08 P.M. — 6:49 P.M. November 28, 2023 44 CERTIFICATION ITEM#75019 Mayor Dyer RECONVENED the Formal Session. Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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 Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 28, 2023 WN�''B�4c O� 's a i 5 OF OUR NI•t10tt RESOL UTION 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#75018 on Page 43 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 ofthe 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. r4errZi �eli��� Chief Deputy City Clerk November 28, 2023 45 ADJOURNMENT ITEM#75020 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:50 P.M. Terri H. Cheliu Robert M. Dyer Chief Deputy City Clerk Mayor City of Virginia Beach Virginia November 28, 2023