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HomeMy WebLinkAbout05-15-2018 MINUTES Rr ry ♦y OU'o4� +S � OF OUR AArO VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 15, 2018 Mayor Louis R. Jones called to order the City Managers Briefings in the City Council Conference Room, Tuesday, May 15, 2018, at 4:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin 2 CITY MANA GER'S BRIEFINGS BID OPENING—PROPOSED PIER PROJECT ITEM#68078 4:00 P.M. Mayor Jones advised: Pursuant to Virginia Code Section 15.2-2102(b), the Chair will now open the bids received for the Bids for Lease of City Property, Pier Project. The bids have been marked for identification by Barry Shockley as required by statute. Mayor Jones opened the bids and identified the following bids that were received: Three bids have been received, as follows: 1. Bid A was received on May 11, 2018 at 2:01 pm from The City of Virginia Beach Development Authority 2. Bid B was received on May 11, 2018 at 4:29 pm from Sea Escape Corporation, VAB 315 Oceanfront LLC, SYN Hotel LLC and Roland Court LLC 3. Bid C was received on May 14, 2018 at 4:41 pm from Virginia Beach Pier Place Development LLC Mayor Jones advised he will read summaries of the bids received at the Formal Session of the City Council this evening. May 15, 2018 3 CITY MANAGER'S BRIEFINGS PRINCESS ANNE/TCC HOTEL UPDATE ITEM#68079 4:04 P.M. Mayor Jones welcomed Warren Harris, Director of Economic Development. Mr. Harris expressed his appreciation to the City Council for their continued support: e Rip Princess Anne Commons Corridor Hotelrill I DirectorCity Councit Presentation May Warren Hams, • Below is the "Background/Overview"of the project: BACKGROUND/OVERVIEW OF PROJECT The Princess Anne Commons project is designed to bring a hotel offering to the corridor which is experiencing substantial growth in business, leisure and destination traffic. • Process initiated July 2013 • REVPAR feasibility study completed August 2015 moo- • Concept of hotel presented to VBDA to issue RFP • Re-issued a new RFP May 2017 • Harmony Hospitality,LLC proposal selected July 2017 • Project evaluation team selected:Mike Summers (TCC),Mike Kalvort(Parks and Recreation),Nancy Helman(CVB),Warren Harris,and Jeff Smith (VBDED) May 15, 2018 4 CITY MANAGER'S BRIEFINGS PRINCESS ANNEITCC HOTEL UPDATE ITEM#68079 (Continued) Below is the proposed location of the project: Lam•- ~ 1 u, i , tV,Ak. Here is an overview of the site and infrastructure work. Mr. Harris explained Option B was selected: SITE AND INFRASTRUCTURE •• • Evaluated and identified sewer ''� - • " system route - !" �,. Option A • Resolved the stormwater ) management requirement and outfall system 1 • Received approval from TCC and \�/, f t VCCS for Public Utility easement �� �`X•� • Conducted wetlands delineationitt, # / ✓ Low quality isolated,non-tidal wetlands determination (less than half an acre) Option B . ✓ Developing mitigation plan and ✓ Selected + tom. L permitting through DEQ ! � • Army Corps of Engineers confirming findings �f May 15, 2018 5 CITY MANAGER'S BRIEFINGS PRINCESS ANNE/TCC HOTEL UPDATE ITEM#68079 (Continued) Hampton Inn and Suites by Hilton is favored due to the many accommodations: SELECTION • Harmony Hospitality LLC recommends building Hampton Inn and Suites by Hilton: upscale,mid-priced hotel featuring contemporary accommodations and customizable guest rooms,designed for how guests live,work,and relax while traveling big Here is an overview of the amenities offered by the Hampton Inn &Suites by Hilton: Mb",.3 • Hampton Inn&Suites is an upscale mid-priced leader in the lodging segment. • The brand is innovating to leverage the latest design trends,meet the evolving guest needs • Value-added amenities and multifunctional spaces • free hot breakfast • Reservation flexibility • Accommodates business traffic • Capable of handling traveling sports teams as well as their families. • No additional charge for children under 18 years of age staying with a parent May 1 S, 2018 6 CITY MANAGER'S BRIEFINGS PRINCESS ANNEITCC HOTEL UPDATE ITEM#68079 (Continued) LOCATIONS •First Hampton by Hilton opened in 1984 •Over 2300 hotels in 23 countries •Over 100 hotels in development stage . f: `.. . �y ........................ ....' Here are the benefits expected with this project: PROJECT • Overnight accommodations to support critical mass . needed in the Princess Anne Commons Corridor • Integration with Tidewater Community CollegeI' E.< • Catalyst for hospitality workforce development for the City of Virginia Beach x, • Create opportunities for local small,women and minority owned businesses • Fiscal impact to city May 15, 2018 7 CITY MANAGER'S BRIEFINGS PRINCESS ANNE/TCC HOTEL UPDATE ITEM#68079 (Continued) Here is a "very conservative/high level overview"estimate of the revenue generated with this project: PRELIMINARY HOTEL REVENUE GENERATION J(amplm, 1" ROOMS—PREURIMMY Fill NWACT- Real Estate $94,327 Personal Property $10,671 Hotel $142,350 � 'General Sales $17,016 in *! BPOL $5,771 utility $5,850 TOTAL $275,985 'Note -65%occupanc rate •displacement rate of 50% -Fiscal impact data provided by City of Virginia Beach Finance Department Below are the next steps: CURRENT STATUS AND NEXT STEPS • Finalizing term sheet negotiations with hotel developer and operator-June 30,2018 ✓ Maintain input with hotel fla_q and architectural design ✓ Finalize and develop cost of infrastructure improvements • Completed approvals with Tidewater Community College and Virginia Community College System Board • Completed appraisal by Brian Dundon&Associates March 22,2017:$578,000 per acre • Rezoning application to B3/B4 and subdivide parcels submitted for August/September 2018 Planning Commission Meeting • Continue dialogue with TCC for collaboration efforts • City Council public hearing and rezoning application-September/October 2018 May 15, 2018 8 CITY MANA GER'S BRIEFINGS PRINCESS ANNE/TCC HOTEL UPDATE ITEM#68079 (Continued) � r TN top _. flop ff Uesti W 1 City Councit Presentation May 15, Ifttv ill A Mayor Jones thanked Mr.Harris and the entire Department working on this project. May 15, 2018 9 FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) Council Discussion ITEM#68080 4:23 P.M. Mayor Jones OPENED the City Council discussion regarding the FY2019 Resource Management Plan. Councilman Dyer applauds the collaboration and accomplishment of City Council working towards the established goals for stormwater, salary compression, and taxes. Councilman Dyer stated going forward there will be fiscal challenges that must be addressed and he proposed having public meetings prior to the Retreat in order to find out the perception of the publics priorities. He also suggested having a budget committee with the Process Improvement Steering Committee to evaluate priorities and define redundancies. These steps would go a long way to show diligence and transparency to the citizens. Mayor Jones asked if anyone else had any other comments, hearing none, Mayor Jones CLOSED the discussion. May 15, 2018 10 CITY COUNCIL COMMENTS ITEM#68081 4:26 P.M. Council Lady Henley thanked the City Manager and everyone working to complete the turn-lane at the Pungo Intersection. She advised the added lane has already made a big difference in traffic flow. May 15, 2018 11 CITY COUNCIL COMMENTS ITEM#68082 (Continued) Council Lady Wilson advised that over 500 people attended the 4th Annual "Cycle for Survival", raising over$270,000. Council Lady Wilson stated each dollar raised will go directly to cancer research. May 15, 2018 12 CITY COUNCIL COMMENTS ITEM#68083 (Continued) Councilman Moss advised there is a $19.5-Billion reduction to the non-defense part of the President's '19 Budget and believes it is a good idea to get an assessment from the City's consultants on how that rolls down. The reductions may or may not have some budgetary impact on the City but they did pass through the House so the City should have someone assessing the impacts. May 15, 2018 13 AGENDA REVIEW SESSION ITEM#68084 4:28 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from Chaplain Charity Neck Farm, LC at: a. 4021 Charity Neck Road b. Gum Bridge Road 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks Corporation for the use of fifty(50)square feet of City Property re outdoor seating area adjacent to 31 Ocean, 241 Laskin Road 3. Ordinance to DECLARE the property located at 1888 Virginia Beach Blvd and adjoining lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to Jones at 1888, LLC 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Harbor Canal located at 2336 Spindrift Road re maintain existing dock/construct boat lift 5. Ordinance to AMEND the Adopted FY2017-18 Capital Improvement Program (CIP)project description and scope for Lake Management II,SW Infrastructure Rehabilitations& Improvements II, and Primary System Infrastructure Improvements II and AUTHORIZE the acquisition of necessary property and easements 6. Ordinance to APPROPRIATE: a. $169,490 in additional Aid to Localities (ATL)funding and TRANSFER$255,977 in Aid to Localities funding re Fire Department b. $700,00 to the Virginia Beach Development Authority(VBDA)re Commonwealth Opportunity Fund Award 7. Ordinance to ADD Section 5-311 to the City Code re pets shops that sell dogs(Requested by Councilmember Davenport) L RECONCILED PROPOSAL—FY2018-19 RESOURCE MANAGEMENT PLAN SUBPART 1—ORDINANCES TO SUPPORT THE OPERATING BUDGET: 1. Ordinance to APPROPRIATE$2,009,080,703 for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019, re operations 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2019 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2019 4. Ordinance to DECLARE as SURPLUS$8-Million offunding within the Sandbridge Tax Increment Financing District re FY2017-18 Operating Budget 5. Resolution to AUTHORIZE the 2019 Employee and Retiree Health Insurance Plans May 15, 2018 14 AGENDA REVIEW SESSION ITEM#68084 (Continued) 6. Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development(HUD) 7. Ordinance to AMEND City Code Sections 35-64 and 35-67 re exemption or deferral of Real Estate Taxes for Elderly or Disabled Persons 8. Ordinance to AMEND City Code Section 35-159 to EXTEND the Sunset of the Flat Room Rate and REMOVE the Sunset of 0.5%re Tax on Transients Obtaining Lodging 9. Ordinance to further DESCRIBE the uses of the Agriculture Reserve Program (ARP) Special Revenue Fund 10. Ordinance to AMEND City Code Section 8-31 re Building Permits and Plan Review Fees 11. Ordinance to AMEND City Code Sections 6-138 and 6-152.5 re Waterfront Construction and Dredging Fees 12. Ordinance to AMEND Floodplain Ordinance Section 6.3 of Appendix K re Variance Fee 13. Ordinance to AMEND Chesapeake Bay Preservation Area (CBPA) Ordinance Section I10 of Appendix F re Variance Fee 14. Ordinance to AMEND the City Code Section 2-83 re Flexible Holidays 15. Ordinance to AMEND the City Code Section 2-83 re Designate Christmas Eve a City Holiday 16. Ordinance to AMEND the City Code Section 32.5-2 re Equivalent Residential Unit(ERU) Fee SUBPART 2—ORDINANCES TO SUPPORT THE CAPITAL BUDGET: 1. Ordinance to ADOPT the FY 2019IFY 2024 Capital Improvement Program (CIP) and APPROPRIATE$394,745,267 for the FY 2019 Capital Budget, subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the Issuance of General Obligation Public Improvement Bonds in the maximum amount of$72,208,245 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$30,077,004 4. Ordinance to REALIGN Revenues of the Roadways Capital Improvement Projects (CIP) from various sources set forth herein May 15, 2018 15 AGENDA REVIEW SESSION ITEM#68084 (Continued) SUBPART 3—ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET. 1. Ordinance to AMEND City Zoning Ordinance (CZO)Section 107 re fees for Rezoning, Conditional Rezoning, and Modification to a Conditional Rezoning 2. Ordinance to AMEND City Zoning Ordinance (CZO)Section 106 re fee for an Appeal to the Board of Zoning Appeals for Residential and Commercial Properties 3. Ordinance to AMEND City Zoning Ordinance (CZO) Section 107.1 re fees for Alternative Compliance in certain Districts 4. Ordinance to AMEND City Zoning Ordinance (CZO)Section 221 re fees for Conditional Use Permits and Modifications to Conditional Use Permits S. Ordinance to AMEND City Zoning Ordinance (CZO)Section 105 re fee for the Enlargement,Extension or Conversion of a Nonconforming Use 6. Ordinance to AMEND Section 8.3 of Appendix B Subdivision Regulations re fee for Subdivision Variance 7. Ordinance to AMEND City Code Section 33-111 re fee for Vacation of a Street or Alley 8. Ordinance to AMEND City Zoning Ordinance (CZO)Section 1403 re fees for Wetlands Permits and Deferrals 9. Ordinance to AMEND City Zoning Ordinance (CZO)Section 1603 re fees for Coastal Primary Sand Dune Permits,Sand Management Permits and Deferrals COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEMS K.1 a/b ITEM K.S WILL CONSIDERED SEPARATEL Y ITEM K.6b WILL CONSIDERED SEPARATEL Y ITEM L CONCERNING THE FY2018-19 RESOURCE MANAGEMENT PLAN WILL BE CONSIDERED SEPARATELY May 15, 2018 16 AGENDA REVIEW SESSION ITEM#68084 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. ZALDY VIAR&JAMES PAUL VIAR for Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 1225 General Street DISTRICT 2—KEMPSVILLE 2. TWENTY-THIRD FUN PARKING,LLCfor Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re commercial parking lot at the Northwest Corner of 23'd Street and Pacific Avenue DISTRICT 6—BEACH 3. WILLIS FAMILY PARTNERSHIP for a Change ofNonconformitX re reduction often (10) legally nonconforming units at 318&320 34`h Street DISTRICT 6—BEACH 4. WAVES MOTEL,INC.for a Conditional Use Permit re commercial parking lot at 1312 Atlantic Avenue DISTRICT 6—BEACH 5. JONES AT 1888,LLC& CITY OF VIRGINL4 BEACH for a Conditional Use Permit re bulk storage yard at 1888 Virginia Beach Blvd and adjacent parcel DISTRICT 6—BEACH ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 5,2018 COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#3 May 15, 2018 17 ITEM#68085 Mayor Louis R. Jones 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 an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Mid-Atlantic Arena,LLC v. City of Virginia Beach PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body,pursuant to Section 2.2-3711(A)(29) • Norfolk Water Services Contract Extension 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 • Appointee Evaluations May 15, 2018 18 ITEM#68085 (Continued) Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:30 P.M. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin Closed Session 4:30 PM. - 5:55 P.M. May 15, 2018 19 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL May 15, 2018 6:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,May 15, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin INVOCATION: Reverend, Hank Brooks Pastor, Coastal Community Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF"ERICA 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 34rh 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. May 15, 2018 20 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. May 15, 2018 21 Item —V-E CERTIFICATION ITEM#68086 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, 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: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 04 o ? _ a 0F OUR NImC1tS R E S O L U T IO N 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#68085 Page 18 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. an Barnes,�MMC City Clerk May 15, 2018 22 Item —V-F MINUTES ITEM#68087 Upon motion by Councilman Dyer and Council Lady Kane, seconded by Council, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of May 1,201& Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin Council Members Abstaining: John D.Moss was absent on May 1, 2018, due to the passing of his mother-in-law May 15, 2018 23 i!H.1 ITEM#68088 Mayor's Presentation MENTAL HEALTH MONTH Mayor Jones introduced and welcomed Danette Smith, Director-Human Services, and presented a Proclamation declaring MAY 2018 "MENTAL HEALTH MONTH" and specifically, MAY 18, 2018, "MENTAL HEALTH AWARENESS DAY". The Mayor encouraged all citizens to celebrate their mental health by wearing green for mental health awareness and participating in healthy activities. Mrs. Smith expressed her appreciation to City Council for their continued support with Human Services and particularly the efforts to address mental health. May 15, 2018 °`WR M►T�° ' ro rtamatt o n UTierras 'Wentalheafifiisessentuirto everyone's ozeraffheafthandweQ-6eing;and UfUTeas 41T,4mericans vgxwnce times of doiiculty andstress in theirfives;and "frenrar Prevention is an effective way to invest in mental hearth wefrness;and ufwrws: 7fiere is a strong body of research that supports specific tools that aQAmencans can use to better hared(echallenges,andprotect their health acidwe -being,•and Wherras: �tfentalheafth conditions are reafand prevalent in our nation;and 'WKerras liithearfyandeffective treatment,those iudtviduals-with mentafhealth conditions can recoverand feadfug productive lives,•and u4en= Each business,school government agency,,ciearthcare protik,,organization andcitizen has a rrsponsi6ifity to promote mentalwellness andsupport prevention efforts;and "4erraa: A newly formrdVirginia Beach 9Hental7fealth.Awareness Coalition has adopteda theme, 'Cefe6rate'Your Vental'%,ealt h'a nd encourages allcitizens to embrace mrntal health as part of total well-6eing Now 4Trewfor>S 1,Loma R,Jones;9Kayor of the City of Z3rginui Beach,Virginia,do hereby proclaim: Kay 2018 Wentafjfeafth Month In Virginia Beach.,andfurthermore caff upon the citizens,government agencies,pu6lte andprivate institutions, 6usinesses andschoofs in'!irgmui Beach to recommit ourcommunity to increasing awareness andunderstand ng of mental health,the steps our citizens can take to protect their mentaf heath.and the need forappropriate and accessible seances. I further proclaim: flay 14, 2018 Wentafgfeafth,Avareness Day In 4 irginta Beach andem ourage aff citizens to celebrate their mentalweafth by wraringgreen for mentafheafth awareness andparticipating in healthy activities. In testimony w6erwf,I,have hereunto set my handand caused the OfficiafSeal o_f the City of Virginia Beach, Virginia, to be affixed rhis Tirst day of`May,Two`ITiousand'eighteen. 4�. touts�$.J •s Ifayor 24 VLL SUMMARY OF BIDS RECEIVED—PROPOSED PIER PROJECT ITEM#68089 Mayor Jones summarized the proposed pier project bids received by City Council: Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed lease of a portion of City-owned property located between 5`h and 40`h Streets, extending from the boardwalk easterly to the eastern boundary of City-owned property in the Atlantic Ocean, and being approximately 250 feet wide (north/south) Three bids have been received, as follows: 1. The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia, has bid: 40 year lease term. Rent of$1.00 per year. The Authority proposes to partner with a developer of City Council's choosing to facilitate a pier project. 2. Sea Escape Corporation, VAB 315 Oceanfront LLC, SYN Hotel LLC and Roland Court LLC, has bid: Construct new pier at 17`h Street, with associated hotel, time-share,park, retail and public parking. 3. Virginia Beach Pier Place Development LLC has bid: 40 year lease term. Rent of$1.00 per year. Construct new pier at 15`h Street, with associated hotel, retail,park plaza, and public parking. Mayor Jones asked if there any other person desiring to submit a bid at this time. Hearing none Mayor Jones CLOSED the BIDDING. Mayor Jones advised the staff will evaluate the bids that have been received and make its recommendations to the City Council concerning the proposed lease at a future meeting. May 15, 2018 25 ADOPT AGENDA FOR FORMAL SESSION ITEM#68090 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 15, 2018 26 Item - V-J.I PUBLIC HEARINGS ITEM#6809I Mayor Jones DECLARED A PUBLIC HEARING: PURCHASE A GREEMENT FOR ACQUISITION OF ARP 4021 Charity Neck Road Gum Bridge Road The following individual registered to speak: Reid Greenmun, 2405 Cliff Cutter Drive, spoke in OPPOSITION There being no additional speakers,Mayor Jones CLOSED the PUBLIC HEARING. May 15, 2018 27 Item - V4 2 PUBLIC HEARINGS ITEM#68092 Mayor Jones DECLARED A PUBLIC HEARING: LICENSE OF CITY PROPERTY Adjacent to 31 Ocean, 241 Laskin Road There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING. May 15, 2018 2s Item - V-J.3 PUBLIC HEARINGS ITEM#68093 Mayor Jones DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 1888 Virginia Beach Boulevard and adjacent lot There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING. May 15, 2018 29 Item— V.K. ORDINANCESMESOL UTIONS ITEM#68094 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items Ia/b (MOSS VERBAL NAY),2, 3, 4, 6a and 7 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 30 Item-V-K.IA ORDINANCESIRESOL UTIONS ITEM#68095 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from Chaplain Charity Neck Farm, LC at: a. 4021 Charity Neck Road Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM CHAPLAIN CHARITY NECK FARM, LC (68.48 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL 6 AMOUNT OF $523,872, AND 3)TRANSFER OF FUNDS TO 7 PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $523,872; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.80% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.80% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $240,982 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15 t h day of 73 May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: 0'if6ctor of Finance City Attorney's Office CA14211 \\vbgov.com\dts I\applioations\citylaw\cywm32\wpdoe\d002\p028\00470889.doc R-1 May 3, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-155 SUMMARY OF TERMS SELLER: Chaplain Charity Neck Farm, LC, a Virginia limited liability company PROPERTY LOCATION: 4021 Charity Neck Road(GPIN: 2411-55-3225) PURCHASE PRICE: $523,872 EASEMENT AREA: 68.48 acres,more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (I reserved for cell tower site) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.80%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.80%without approval of City Council. TERMS: Interest only, twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer)for one(1)year following execution and delivery of the IPA. Chaplain Charity Neck Farm, LC GPIN : 2411-55-3225 Aerial Map g s p• 2411-55-3225 0 'V '1 • ... • , i V 31 Item-V-K.IB ORDINANCESIRESOL UTIONS ITEM#68096 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from Chaplain Charity Neck Farm,LC at.- b. Gum Bridge Road Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D.Moss Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM CHAPLAIN CHARITY NECK FARM, LC (53.26 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL 6 AMOUNT OF $543,252, AND 3)TRANSFER OF FUNDS TO 7 PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights(as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $543,252; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.80% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.80% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $249,896 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15 t h day of 73 M a v , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 4], Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: IDU' ctor of Finance City Attorneys Office CA14212 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d002\p027\00470700.doc R-1 May 3, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-156 SUMMARY OF TERMS SELLER: Chaplain Charity Neck Farm, LC, a Virginia limited liability company PROPERTY LOCATION: Gum Bridge Road(GPIN: 2411-64-9902) PURCHASE PRICE: $543,252 EASEMENT AREA: 53.26 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.80% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.80%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. Chaplain Charity Neck Farm, LC G P I N : 2411-64-9902 Aerial Map tea, 2411-64-9902 32 Item -V-K2 ORDINANCES/RESOLUTIONS ITEM#68097 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks Corporation for the use of fifty (50) square feet of City Property re outdoor seating area adjacent to 31 Ocean,241 Laskin Road Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LICENSE AGREEMENT 3 WITH STARBUCKS CORPORATION FOR THE USE 4 OF APPROXIMATELY FIFTY (50) SQUARE FEET 5 OF CITY-OWNED PROPERTY FOR AN OUTDOOR 6 SEATING AREA AT 31 OCEAN 7 8 WHEREAS, since 2008, Starbucks Corporation ("Starbucks"), has licensed from 9 the City an outdoor seating area of approximately fifty (50) square feet located 10 immediately in front of and under the roof-line of the Starbucks store located at 31 11 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"); and 12 13 WHEREAS, Starbucks proposes to enter into a new license agreement for the 14 Licensed Area from the City for a one-year term with four one-year renewal options; and 15 16 WHEREAS, the Licensed Area would continue to be used by Starbucks as a 17 seating area for its customers, and for no other purpose; and 18 19 WHEREAS, the Strategic Growth Area/Resort Management Office recommends 20 that the City enter into a license agreement with Starbucks in accordance with the 21 Summary of Terms, attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Manager is hereby authorized to execute a license agreement for a 27 one-year term with four one-year renewal options, between Starbucks Corporation and 28 the City, for the Licensed Area as shown on the plan attached hereto as Exhibit A and 29 made a part of this Ordinance, and in accordance with the Summary of Terms attached 30 hereto, and such other terms, conditions or modifications as may be acceptable to the 31 City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the City Council of Virginia Beach, Virginia on this 15 th day 34 of May , 2018. Approved as to Content: Approved as to Legal Sufficiency: AZ �� aa�_))j rs�a_l_ Convention and Visitors Bureau City Attorney's Office Resort Management CA 14194 vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D019\PO15\00061680.DOC R-1 April 19, 2018 EXHIBIT A SUMMARY OF TERMS LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF CITY-OWNED REAL PROPERTY AT 31 OCEAN LICENSOR: City of Virginia Beach LICENSEE: Starbucks Corporation, a Washington corporation PREMISES: 50 square feet of City-owned property located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451 TERM: May 1, 2018 through April 30, 2019 RENEWAL: Four optional one-year terms TERMINATION: City shall have right to terminate if necessary for a public purpose by giving sixty (60) days' notice. RENT: Year 1: $1,008.01 annually Optional Year 2: $1,069.40 annually Optional Year 3: $1,101.49 annually Optional Year 4: $1,134.53 annually RESTRICTIONS ON USE OF LICENSED AREA: • Any live or recorded music played in the Licensed Area shall conform to the City's Cafe Guidelines for entertainment or live music. • Materials placed in Licensed Area must be approved by the City and no logos other than Starbucks' logo shall be permitted. • All items placed in the Licensed Area must be removed each night at the close of business. • No extraneous items such as menu boards, signs or portable heaters in the Licensed Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Licensed Area is prohibited. LOCATION MAP TaxParcel: 1 r 24280273230000 3101 ATLANTIC AvE 1 TaxParcel: '1 -0 ti 24280253600000 q ti q ? TaxParcel: 3100 ATLANTIC AvE { 1 Q 24280232760000 w ; 210 LAS14N RD TaxParcel '' r-^ 1 p 24280242740000 Taxarcel Par 1: 02530000 � W t+ ` 24 8027242000 N RD STE CMtTA l� LA r- ; SKI , � 1 Tax Pai 300.1 2T2LANT C� TaxParcel: m n 24280250170000 2050L2AS44N RD Ta x Parcel: 1 2422861 n 480000 3012 PACIFIC AVE Area nsed Proposed lice seating) sa. f . putdoorTax Parcel: RD _ 24280159510000 (y 3028 ATLANTIC AvE 399 1 . % 1 � 33 Item—V.K.3 ORDINANCES/RESOLUTIONS ITEM#68098 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE the property located at 1888 Virginia Beach Blvd and adjoining lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to Jones at 1888, LLC Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 I AN ORDINANCE DECLARING THE PROPERTY LOCATED 2 AT 1888 VIRGINIA BEACH BOULEVARD (GPIN 2407-46- 3 8483) AND ADJOINING LOT (GPIN 2407-46-9603) TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE PROPERTY TO 6 JONES AT 1888 LLC. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel 9 of land located at 1888 Virginia Beach Boulevard and the adjoining lot, and further 10 described on Exhibit A attached hereto and made a part hereof (collectively, the 11 "Property"); 12 13 WHEREAS, the City acquired the Property pursuant to the Oceana and 14 Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-059, formerly CIP 9- 15 060); 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the purchase price; 20 21 WHEREAS, the Property is in an area designated for non-residential use 22 in the APZ-1/Clear Zone Master Plan adopted by Council on April 1, 2008; 23 24 WHEREAS, the Oceana Land Use Conformity Committee has 25 recommended that City Council declare the Property to be in excess of the City's needs 26 and sell the Property to Jones at 1888 LLC ("Jones"); 27 28 WHEREAS, Jones will construct a warehouse, office, and bulk storage 29 facility on the Property to prescribed standards acceptable to the City, which is a use 30 compatible with Section 1804 of the City Zoning Ordinance; 31 32 WHEREAS, Jones will purchase the Property in accordance with the 33 Summary of Terms attached hereto as Exhibit B and made a part hereof; and 34 35 WHEREAS, the City Council is of the opinion that the Property is in 36 excess of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property described on Exhibit A is hereby declared to be in 42 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 43 authorized to execute any documents necessary to convey the Property to Jones at 44 1888 LLC, in substantial conformity with the Summary of Terms attached hereto as 45 Exhibit B and such other terms, conditions or modifications as are deemed necessary 46 and sufficient by the City Manager and in a form deemed satisfactory by the City 47 Attorney. 48 49 Further, that the revenue from the sale of the Property in the amount of 50 $300,000 shall be received and fifty percent (50%) of the amount will be deposited for 51 appropriation in future Capital Improvement Program capital budgets in Capital 52 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 53 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 54 Manager to refund the Commonwealth's portion in accordance with the grant 55 agreement. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 15 t h day of May , 2018. 61 CA14225 PREPARED: 4/30/18 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d030\p026\00469934.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Economic Development Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City orney EXHIBIT A PARCEL 1: GPIN: 2407-46-8483 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots 9 & 10 as shown on that certain plat entitled "Map of Maxey Manor, property of Dewitt Maxey, North side Virginia Beach Boulevard", dated April, 1943 which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 14, Page 43. LESS AND EXCEPT from that portion of Lot 9, fifteen (15) feet along the dividing line between Lot 9 and 8, which 15 feet forms one half of a thirty (30) foot street dividing Lots 8 and 9. ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 32 & 33 as shown on that certain plat entitled "Map of Maxey Manor, Property of Dewitt Maxey, North side Virginia Beach Boulevard", dated May 9, 1947 which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, Page 41. LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia by deed recorded in Deed Book 916, page 200 and as shown on State Highway plat 3A, page 372. LESS AND EXCEPT all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the City of Virginia Beach by deed from Cardo Properties, Inc. March 10, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090316000266490. PARCEL 2: GPIN: 2407-46-9603 ALL THAT certain lot, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Lynnhaven Borough, in the City of Virginia Beach, Virginia, designated and described on the Map of Maxey Manor, property of Dewitt Maxey, North-side, Virginia Beach Boulevard, Scale 1" equals 100', Princess Anne County, Virginia, dated May 9, 1947, which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21 , at page 41 , and designated and described on said plat as LOT NUMBER THIRTY-FOUR (34), reference being hereby made to said plat for a more particular description of said lot. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed from WBM, L.L.C., dated April 19, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070501000593840. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1888 VIRGINIA BEACH BOULEVARD SELLER: City of Virginia Beach PURCHASER: Jones at 1888 LLC PROPERTY: 1888 Virginia Beach Boulevard (GPIN: 2407-46-8483) and adjoining lot (GPIN: 2407-46-9603), less areas to be reserved for right-of-way and easements as more particularly described on the attached Exhibit A to the Ordinance. SALE PRICE: $300,000 CONDITIONS OF SALE • The Property shall be subdivided at the Purchaser's expense in order to vacate the interior lot line(s), and dedicate the necessary right-of-way and easements. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains a right to repurchase the property, less the deposit, if Purchaser does not construct within 24 months of settlement. • The Purchaser will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping. • The Purchaser shall be solely responsible for installation of road and infrastructure improvements to include curb and gutter, sidewalks along Virginia Beach Blvd. and Maxey Drive, stormwater, power pole and fire hydrant relocation, or any other constructions costs, including permitting and engineering. j = N W E MAXEY MANOR,, '''+� pLL �.- f 41 y S� �6E It 5 + � 1 ... •' � - • - t j Ai- - -'1• f" ` i c t.iti W e Of a . ST n r� n. - • t' _ r� a Legend 2407-46-8483 ., LOCATION MAP 2407-46-9603 VIRGINIA BEACH BLVD city Properties ---.__,.� , EXCESS CITY PROPERTY - GPIN 2407-46-8483 _ . . . AND Note: The properties are located AM" GPIN 2407-46-9603 in AICUZ Noise Zone >_75dB t Y Feet and APZ Zone 1 0 50 100 200 n Prepared by P.W./Eng./Eng.Support Services Bureau 05/02/2018 X:\CADD\Projects\ARC Hes\AGENDA MAPS\Virginia Beach Blvd\2407-46-8483\240 7-46-8483 Aerial.mxd r L- S M AXEY MANOR CCr Y�z E � I I Z y o 1 I I W uJ 1 i I I 1 Legend 2407-46-8483 2407-46-9603 VIRGINIA BEACH BLVD LOCATION MAP 0 City Properties EXCESS CITY PROPERTY ----:_�_' GPIN 2407-46-8483 `�----- A N D Note: The properties are located - - GPIN 2407-46-9603 in AICUZ Noise Zone >_75dB Feet and APZ Zone 1 0 50 100 200 Prepared by P.WJEng./Eng.Support Services Bureau 05/022018 K\CADD\Projects\ARC Files\AGENDA MAPS\Virginia Beach Blvd\2407-46-8483\2407-46-8483 mxd 34 Item -V-K.4 ORDINANCES/RESOLUTIONS ITEM#68099 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as:Harbor Canal located at 2336 Spindrift Road re maintain existing dock/construct boat lift BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as:Harbor Canal located at 2336 Spindrift Road re maintain existing dock/construct boat lift(GPIN 1499998723) The following conditions shall be required: 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 and is more particularly described as follows, to wit: 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. S. 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. 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 $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. May 15, 2018 35 Item -V-K4 ORDINANCESMESOL UTIONS ITEM#68099 (Continued) 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 9. 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. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 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 HARBOR 7 CANAL LOCATED AT THE REAR OF 8 2336 SPINDRIFT ROAD 9 10 WHEREAS, Nathan A. Porter and Kimberly C. Porter desire to maintain an 11 existing 8' dock and to construct and maintain a 12' x 12' boat lift into City property 12 known as Harbor Canal located at the rear of 2336 Spindrift Road, in the City of 13 Virginia Beach, Virginia; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nathan A. Porter and 24 Kimberly C. Porter, their heirs, assigns and successors in title are authorized to 25 maintain an existing 8' dock and to construct and maintain a 12' x 12' boat lift into City 26 property known as Harbor Canal as shown on the map entitled: "EXHIBIT A OF LOT 27 229 SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA 28 FOR NATHAN A. PORTER AND KIMBERLY C. PORTER," dated 3/7/18, a copy of 29 which is attached hereto as Exhibit A and on file in the Department of Public Works and 30 to which reference is made for a more particular description; and 31 32 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the agreement between the 34 City of Virginia Beach and Nathan A. Porter and Kimberly C. Porter, (the "Agreement"), 35 an unexecuted copy of which has been presented to the Council in its agenda, and will 36 be recorded among the records of the Clerk's Office of the Circuit Court of the City of 37 Virginia Beach; 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Nathan A. Porter and Kimberly C. Porter and the City Manager or his authorized 44 designee execute the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day 46 of May , 2018. CA14223 R-1 PREPARED: 5/2/18 \\vbgov.com\d%1\applications\citylaw\cycom32\wpdocs\d024\p025\00468976.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNAT RF± DA ARMEYER, SENIOR CITY ATTORNEY S3 �� DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION NOTES: 1) THE PROPERTY MOWN HEREON APPEARS TO LIE IN 'X' (SHADED) & 'AE' (7.0) FLOOD ZONE ACCORDING TO F.E.M.A. MAP PANEL NO. 515531-0041G REVISED JAN. 16, 2015. C"ttept PI/-Stj66 CJ b `z r4 HARBOR GAN L g ckA 1 L I E lu6vil�6 I2 N ?a��d 0-5' OUT N 8130'OO" E 71.00! Sup- LOT 229 1.4� OUT 6' METAL cn N LOT FENCE 0.8' IN I 4 METAL �n 230 FENCE LOT ! 1.0' IN A/C LOT ❑ 228 N 37s 2r2 �i 162 1as'° i I 6 2 STORY POOL z "' 3 G to 16-2- 11S'c�i o 6 STUCCO BRICK s� // st 12ff cJ �i� o m O i6 T orb stQ• 291 COLUMN J o { 1 // 3.5' VINYL 0.2' OUT FENCE o�m / m o m PIPE(F) / IP(F) 175.00' TO P.I. S 8644'17" W/ ( 155.00' OF WARD APPROX / SFIORE DRIVE LIMTS OF 'AE' i SPINDRIFT ROAD (50' RIW) FLOOD ZONE / APPROX. LIMITS OF 'X" ` FLOOD ZONE (X : OF LOT 229 SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA FOR NATHAN A. PORTER AND OATS ��;��$ KIMBERLY C. PORTER SCALE. 1' = 3SY NOTE. FOR PLAT SEE M-B. 48 PG. 15 -15A VIRGIN IA BEACH. VA N SHORE DR W+E S SITE FqT� Rom r r r 0 cn r 0 SPINDRIFT RD LOCATION MAP ENCROACHMENT REQUEST FOR Legend NATHAN A. & KIMBERLY C. PORTER 1499-99-8723 GPIN 1499-99-8723 City Property Feet 0 50 100 200 .r - -� t 1 �'1 M �• � ��y, �.t tag' .f �`�, y, yi "."f-• ` ty Ift fl,f � •t a - ! / 7;i Ar Aft F ■r "�6"may+ 3 a 1 jAlf ui r•, . a i� 4e j,+ J f JJ r' N __ a 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 6�do day of l77s4 V , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NATHAN A. PORTER and KIMBERLY C. PORTER, 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 Site Number 229, 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, prepared by Frank D. Tarrall Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 48 at Page 15, and being further designated, known, and described as 2336 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 8' dock and to construct and maintain a 12' x 12' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY PROPERTY— NO GPIN REQUIRED OR ASSIGNED also known as Harbor Canal) GPIN: 1499-99-8723 - (2336 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the existing City property known as Harbor 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 OF LOT 229 SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA FOR NATHAN A. PORTER AND KIMBERLY C. PORTER," Scale: 1" = 30', dated 3/7/18, 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. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 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 insurance policies. The Grantee assumes all responsibilities and liabilities, vested or 3 contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Nathan A. Porter and Kimberly C. Porter, 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. 4 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 CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 By Na n A. Owner B imberly C Porter, Owner STATE OF CITY/COUNTY OF If �r'LG�W.�t 1 -)4Crr , to-wit: The foregoing instrument was acknowledged before me this 2"�O day of 177,4 2018, by Nathan A. Porter, owner. / (SEAL) Notary Public Notary Registration Number: a?ro b1 F 3 U KRISTAL M. JOHNSON My Commission Expires: /a -3/ -02c ao Notary Public Commonwealth of Virginia 262930 STATE OF IMY Commission Expires Dec. 31, 2020 CITY/COUNTY OF ittc, ejog f E*C*t , to-wit: The foregoing instrument was acknowledged before me this (; "'O day of /17/f1' 2018, by Kimberly C. Porter. 401A � "` (SEAL) NoaryPu _.It KRISTAL M. JOHNSON Notary Public Notary Registration Number: oZ G a 9 SO Commonwealth of Virginia My Commission Expires: id--`3 /-dL) 262930 My Commission Expires Dec. 31, 2020 L APPROVED AS TO CONTENTS APPROVED AS TO LEGAL =AARMEYER, S ATU E 5 SENIOR CITY ATTORNEY /g DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 6 NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO LIE IN 'X* (SHADED) & "AI~ (7.0) FLOOD ZONE ACCORDING TO F�M.A. MAP PANEL NO. 515531-0041G REVISED JAN. 16, 2015. C't-�epf PS�l�b -r� B� t2��DvED b HARBOR eAN L x $c �1 150 l I N(o IZ N`?a�EjO A 0.5, OUT lam_ _y N 81"30'00" E 71 auts� 'D LOT 229 1.4' OUT 6' METAL N LOT 4' METAL FENCE - 230 0.8, IN FENCE = =:=cork::. O I ABC LOT 1-0' IN PADS ❑ 228 N` 37s b- 162 106' i i o 2 STORY n POOL. N 3.6' ^ SF 16-2' 11S'r c to STUCcoBRIGIC 12.1E 0 O rn m La 0 COwwq r¢ CD { I // 3.5' VINYL 0.2' OUT D 4 Z I // FENCE oam ir m 1 / Pt'E(F) / IP(F) 175.00' TO P.I. \ S 8644'17- W/ 155-00' OF LEEWARD APPROX / SHORE DRIUS NAT5 OF 'AE' i SPINDRIFT ROAD (50' RIW) FLOOD ZONE / '<_ APPROX. t LJWTS OF 'X- ` FLOOD ZONE CXRT9Tr TI OF LOT 229 SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA FOR NATHAN A. PORTER AND DALE. ;I1�B KIMBERLY C. PORTER SCALE. r- = 3V NOTE FOR PLAT SEE U-8- 48 PC. 15-15A VIRGINIA BEACH. VA t 36 Item -V-K.5 ORDINANCESIRESOL UTIONS ITEM#68100 George Minns, Shipp Lane, Phone: 575-8109, expressed concerns Andrew Jackson, 153 Upperville Road, Phone: 490-9190, expressed concerns Curt Clarke, 1000 Carissa Court, Phone: 910-546-0182, expressed concerns Elder Donnie Gregory, 529 Brooklyn Court, Phone: 701-7121, expressed concerns Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED Ordinance to AMEND the Adopted FY2017-18 Capital Improvement Program (CIP)project description and scope for Lake Management II, SW Infrastructure Rehabilitations & Improvements II, and Primary System Infrastructure Improvements H and AUTHORIZE the acquisition of necessary property and easements Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2017- 2 18 CAPITAL IMPROVEMENT PROGRAM'S PROJECT 3 DESCRIPTION AND SCOPE FOR CIP # 7-415 LAKE 4 MANAGEMENT II, CIP # 7-416 SW INFRASTRUCTURE 5 REHABILITATIONS & IMPROVEMENTS II, AND CIP # 7- 6 023 PRIMARY SYSTEM INFRASTRUCTURE 7 IMPROVEMENTS II, TO AUTHORIZE THE 8 ACQUISITION OF NECESSARY PROPERTY AND 9 EASEMENTS 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That the project description and scope, within the Adopted FY 2017-18 CIP, for 15 CIP # 7-415 Lake Management ll, CIP # 7-416 SW Infrastructure Rehabilitations & 16 Improvements ll, and CIP # 7-023 Primary System Infrastructure Improvements Il, are 17 hereby amended to include the authority to acquire property and easements. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Y'66L�'_� B o a . epa me t of Public Works Budget and Management Servic s APPROVED AS TO LEGAL SUFFICIENCY: y Attorney Is Office CA14377 R-1 May 2, 2018 MityVirginia Beach Vir inia Fiscal Years 2018 throu h 2023 Ca ital Imstaj� tus Aen odtamproject:7415000 ke Management II C_meeorv: Storm Water Department:Public Works Project Types Rehabilitation/Replacement District:Citywide Programmed Appropriated Budgeted •Non-Appropriated Programmed C!P Funding Future Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Funding 0 51,998,388 22,312,476 4,947,652 4,947,652 4,947,652 4,947,652 4,947,652 4,947,652 This project is for the design,construction,and maintenance of city This to include dredging,structural repair or upgrade of dams and spillways, aerators,culverts,outfalls, d other maintenance activities as necessary to support the function of the more than 700 lakes within the City.Some of the major lakes initially p an d for maintenance dredging within this phase include the Brigadoon Lakes,Green Run Lakes,Salem Lake,West Lake Pembroke and Stratford Chas akes. Lakes provide major storm water treatment nefits when they have adequate depth and are properly maintained.The failure of dams create the aters of the u.5.",such as the Lynnhaven River,Elizabeth River,and North Landing River,as well risk of ecological and environmental damage to as adverse economic impacts and hazards to adjacentitroperty owners. This project first appeared in the FY 2012.13 CIF.This project c times the efforts of project 7-152 Lake Management I and a"so funding previously shown in project 7-405 Brigadoon Lakes Mainte incorporates nce Dredging acquisition of necessary easements and rights-of-entry to the extent funding is available TIM Project Activities • From-To Amount Design 07/12.06/23 8,777,832 Construction 07/12-06/23 43,220,556 i I Total Budgetary Cost Estimate: 51,998,388 Funding Amount NO MAP REQUIRED 332 State Contribution 51,9 79,9, 56056 Local Funding 1. Total Funding: 51,998,388 278 Capital Projects Fiscal Year 2017-18 --------City of Vir tnia Beach Vir inia Fiscat Years 2018 throw �2023 �Itall rovement Pro ram Project:7416000 Title:SW infrastructure Rehabilitation&Improvements II Status:A roved Category:Storm Water Department:Public Works Project Type: Rehabilitation/Replacement DistrkCCitywide Programmed Appropriated Budgeted Non-Appropriated programmed CIP Funding Future Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Funding 0 61,856,982 27,356,982 5,750,000 5, 11, 5,750,000 5,750,000 5,750,000 5,750,000 7000 A top priority for City Council is the management and planning of programs as they relate to flooding districts.This project will provide for the inspection,design,evaluation, nd rehabilitation of the storm water infrastructure throughout the City with emphasis in neighborhoods which have reported storm water sys needs.Some of the major neighborhoods initially planned for rehabilitation during this phase Include:Green Run,Glenwood,Pine Ridge/Middle aks/Hunt Club Forest/Strawbridge,Level Green,Kings Grant,Magic Hollow,and Fairfield.Work may also include minor system improvements. ese minor system Improvements will help address flooding by rehabilitating existing infrastructure and installing new.This project also supports a Public Works Storm Water Utility Asset Management program.The purpose is to establish,implement and track performance measures;improve t process of identifying,comparing,prioritizing and implementing projects for existing infrastructure; implement a comprehensive condition assessm t program.Work includes activities like strateglc/master planning,condition assessment,aging infrastructure reinvestment planning,asset critic assessment,and asset information management. storm ter infrastructure by systematically identifying needed rehabilitation improvements. This project will extend the useful life of the City/s Without this project,neighborhood drainage systems will co inue to deteriorate and result in increasing neighborhood health and safety issues. Storm water infrastructure improvements will be made to impr the drainage system to minimize flooding.This program will help to insure the long-term health of the City's infrastructure and guide master plan 'ng and future investment. This project first appeared in the FY 2012-13 CIP.This ongoing project co inues the activities of project 7 004 Storm Water Infrastructure Rehabilitation&Improvements 1,and also incorporates funding previously a ropriated in project 7-404 Aragona Neighborhood Infrastructure Rehabilitation. acquisition of necessary easements and rights-of-entry to the extent funding is available — Project Activities From-To Amount Design 07/12-06/23 9,125,500 Construction 07/12-06/23 52,731,482 I Total Budgetary Cost Estimate: 61,856,982 Means of Financing M NO MAP REQUIRED Funding Subclass Amount Local Funding 61,856,982 Total Funding: 61,856,982 Fiscal Year 2017-18 293 Capital Projects City of Virginia Beach Virginia Fiscal Years 2018 through 2023 Capital Improvement Program Project:7023000 1 Title:Primary System Infrastructure Improvements II Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type: Rehabilitation/Repiacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP funding Future Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Fundin 19,700,000 6,080,000 2,270,000 2,270,000 2,270,000 1 2.270,000 1 2.270.000 2,270,000 p ScopeDescription and A top priority of City Council's is storm water management and planning of programs that relate to Total Maximum Daily Load(TMDL)regulations and Clean Water program regulations.This project provides annual funding for the analysis,design,development of contract documents, maintenance,rehabilitation,sediment removal, nd construction of improvements to the primary drainage system which consists of pipes,ditches, and canals that serve as the backbone to the Gt drainage infrastructure.Environmental permits maybe required for Individual projects.This project provides for the environmental permitting the off road-ditch maintenance program. Purpose and Need 9_11The primary system infrastructure consists of approxima ly 200 miles of off-road ditch and canal systems and 36 major culverts.This system is the major outfall system for the neighborhoods and rural areas hroughout the City.This project will shift the maintenance cycle for the off-road ditch system from approximately 22 years to 8 years and raise the _I of service from an average of D to C level.This system improvement will provide relief to the neighborhoods that are served by the systems. HistocV and Cu(rent Status This project first appeared+n the FY 2013-14 CIO.This 10-year ongb-wn project is to address the City's primary infrastructure maintenance and upgrade needs.This project continues the activities of project 7-067 Pr ary System Infrastructure Improvements 1. Operating Budget Impacts acquisition of necessary easements and rights-of-entry to the extent funding is available Project Map Schedule of Activities Project Activities From-To Amount Design 07/13-06/23 2,136,000 Site Acquisition 07/13-06/23 968,000 Construction 07/13-06/23 16,596,000 Total Budgetary Cost Estimate: 19,700,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 19,700,000 Total Funding: 19,700,000 Fiscal Year 2017-18 283 Capital Projects 37 Item-V-K 6a ORDINANCES/RESOLUTIONS ITEM#68101 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$169,490 in additional Aid to Localities (ATL) funding and TRANSFER $255,977 in Aid to Localities funding re Fire Department Voting. 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO APPROPRIATE $169,490 IN 2 ADDITIONAL AID TO LOCALITIES FUNDING AND 3 TRANSFER $255,977 IN AID TO LOCALITIES 4 FUNDING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $169,490 in additional Aid to Localities (ATL) grant funding from grant years 10 FY 2015-16 and FY 2016-17 are hereby accepted and appropriated, with 11 State revenue increased accordingly, to the Fire Department's FY 2017-18 12 Operating Budget for fire training, professional improvement, protective 13 equipment, and supplies. 14 15 2) $255,977 from the FY 2013-14 ATL grant is hereby transferred to the Fire 16 Department's FY 2017-18 Operating Budget for fire training, professional 17 improvement, protective equipment, and supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 th day of May , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � J David Bradley Dana armeyer Budget and Management Services City Attorney's Office CA14374 R-1 May 1, 2018 38 Item-V-K 6b ORDINANCESIRESOL UTIONS ITEM#68102 Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to APPROPRIATE$700,00 to the Virginia Beach Development Authority (VBDA) re Commonwealth Opportunity Fund Award Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO APPROPRIATE A COMMONWEALTH 2 OPPORTUNITY FUND AWARD OF $700,000 TO THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $700,000 from the Commonwealth of Virginia by way of its Commonwealth 9 Opportunity Fund is hereby appropriated, with estimated state revenues increased 10 accordingly, to the City of Virginia Beach Development Authority in furtherance of the 11 purposes of the Commonwealth Opportunity Fund for a project that includes the creation 12 of 321 new jobs and an investment of$12.25 million over a 36-month period. 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15thday of May , 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: Budget and Management Services y orn y's ice CA14373 R-2 April 24, 2018 39 Item -V-K.7 ORDINANCESMESOL UTIONS ITEM#68103 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to ADD Section 5-311 to the City Code re pets shops that sell dogs (Requested by Councilmember Davenport) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 Requested by Councilmember Davenport 2 3 AN ORDINANCE TO ADD SECTION 5-311 TO 4 THE CITY CODE PERTAINING TO PET 5 SHOPS THAT SELL DOGS 6 7 SECTION ADDED: § 5-311 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 5-311 is hereby added to the Code of the City of Virginia Beach and 13 ordained to read as follows: 14 15 Sec. 5-311. — Pet shops; posting of information about dogs. 16 17 (a) Any pet shop, as the term is defined in Virginia Code 3.2-6500, that sells dogs 18 shall place a clear and conspicuous sign near the cages in the public sales area 19 stating "USDA APHIS Inspection Reports Available Prior to Purchase." The sign 20 shall be no smaller than 8 and one-half inches high by 11 inches wide, and the 21 print shall be no smaller than one-half inch. 22 23 (b) Any pet shop that sells dogs shall maintain for each dog in its possession a written 24 record that includes the following information: 25 (1) The breed, age, and date of birth of the dog, if known; 26 (2) The sex, color, and any identifying marks of the dog; 27 (3) Any additional identifying information, including a tag, tattoo, collar number, 28 or microchip; 29 (4) Documentation of all inoculations, worming treatments, and other medical 30 treatments, if known, including the date of the medical treatment, the 31 diagnosis, and the name and title of the treatment provider; 32 (5) For a dog obtained from a breeder or dealer: (i) the state in which the 33 breeder, and if applicable, the dealer are located; (ii) the U.S. Department of 34 Agriculture license number of the breeder and, if applicable; (iii) the dealer; 35 the final inspection reports for the breeder and, if applicable, the dealer, 36 issued by the U.S. Department of Agriculture from the two years immediately 37 before the date the pet store received the dog; and (iv) the facility where the 38 dog was born and the transporter or carrier of the dog, if any; 39 (6) For a dog obtained from a public animal shelter, the name of the shelter: and 40 (7) For a dog obtained from a private animal shelter or humane society, the 41 name of the shelter or organization and the locality in which it is located. 42 (c) Any pet shop that sells dogs shall maintain a copy of the written record required by 43 subsection (b) for at least two years after the date of sale of the dog and shall 44 make such record available to the Office of the State Veterinarian upon 45 reasonable notice, to any bona fide prospective purchaser upon request, and to 46 the purchaser at the time of sale. Any such pet shop shall transmit the information 47 required by subdivisions (b) (5), (6), and (7) to the local animal control officer upon 48 request. 49 This ordinance shall be effective July 1, 2018. 50 51 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th 52 day of May , 2018. APPROVED AS TO LEGAL SUFFICIENCY: '/9. v6wffj--j Eliza th Bradley Jarnette City ttorney's Office CA14362 R-1 May 8, 2018 40 Item -V-L ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68104 The following registered to speak on the proposed FY 2018-2019 RESOURCE MANAGEMENT PLAN.- Cheryl Ward, Endependence Center, Phone: 461-8007, spoke in SUPPORT of the Budget and expressed appreciation to City Council for their support of the Endependence Center and people with disabilities. Jonathan Pope 5501 Quarterpath Gate, Phone: 718-5995, spoke in SUPPORT of the Budget and expressed appreciation to City Council for their support of the Endependence Center and people with disabilities. Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605, spoke in SUPPORT of the "Moss/Abbott/Dyer" Budget and in OPPOSITION of the City Manager's Budget Barbara Messner, Phone: 422-1902, spoke in OPPOSITION of the Budget Becky Culpepper, 4004 Atlantic Avenue #1004, Phone 515-0533, spoke in OPPOSITION of the realignment of Atlantic Avenue Janet Zaritsky, 4004 Atlantic Avenue, Phone: 404-3777, requested City Council DEFER the vote on the realignment of Atlantic Avenue Diana Howard 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION of the Budget Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION of the Budget Christopher Naughton, 4004 Atlantic Avenue, Phone: 348-5928, expressed concerns of the realignment of Atlantic Avenue Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke OPPOSITION of the Budget Gary Hubbard, 3014 Deal Court, Phone: 472-7994, spoke in SUPPORT of the "Moss/Abbott/Dyer" Budget Mrs.Marsh, Phone:270-7900, spoke in OPPOSITION of the Budget Mike Maskell, 4403 Lisbon Lane#103, Phone: 615-6265, spoke in OPPOSITION of the Budget May 15, 2018 AT.11A BEAc�$'. c City of Vi rg ni a B each OF OUR NAV%ONS VBg,!)N'xmn Louis R.JONES MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 May 9, 2018 (757)385-4581 FAX(757)426-5699 WSESS0M86VBG0V.00M Members of City Council Subject: FY 2018-19 Operating Budget and CIP Reconciliation (edited as required by City Council) Dear City Council Members: Since March when the City Manager's Proposed Operating Budget and Capital Improvement Program (CIP) were first presented, we have worked diligently as a body to finalize a budget that addresses community priorities. We can be proud of the work that we have accomplished together to reach this point in the process. Before we outline the amendments to the City Manager's Proposed Operating Budget and CIP, we should highlight what this budget and our amendments accomplish for our citizens and employees: • Provides a 2%pay increase for City and School employees. • Eliminates the 10¢ proposed increase in the Personal Property Tax, which ensures our Real Estate and Personal Property tax rates remain the lowest in the region. • Eliminates the proposed $1 increase in the monthly solid waste management fee, the proposed 10¢ increase in the cigarette tax rate, the proposed $2 increase in the automobile license fee, and eliminates the previously adopted 2.50 per day increase in the storm water ERU rate effective July 1, 2018 • Addresses compression in our public safety departments and throughout the organization. • Adds a workforce development program for the Police Department which will improve recruiting and retention through a new 3-year step increase subject to performance and training accomplishments. • Reduces class size and continues the expansion of full day kindergarten. • Continues Investment in biomedical and initiates investment in cyber security. • Provides TIP funding for Entertainment District projects to keep Virginia Beach a competitive tourist destination. • Retains the Agricultural Reserve Program for the annual acquisition of 300 acres, while also contributing $990,000 annually to combat storm water issues in the southern watershed. • Invests in public safety adding positions in Police, Fire, and EMS. • Provides needed resources for opening of the Housing Resource Center. • Invests in needed infrastructure like schools, roadways, storm water, and information technology. After lengthy discussions with you and listening to the public input at the various public meetings, town halls, public hearings and via email, it is recommended that the Operating Budget and CIP be adopted with the following adjustments: 1. Reduce the proposed Personal Property tax rate by 10¢ from $4.10 to $4.00. This will result in a decrease of General Fund revenue in the amount of$1,869,023. -All 2. In order to partially offset the decrease in Personal Property Tax Revenue, the following reductions are recommended by the City Manager: • Eliminate the new Resource Management Captain in the Fire Department (-$78,797) • Add five police officers and two positions for the Workforce Development Program (see item 13 of this letter) instead of the 10 officers included in the City Manager's proposed budget(-$534,753) • Eliminate the ERP support position in the Finance Department (-$97,407) • Reduce the number of FTEs allocated to the new Environmental Management Office from three to two (4100,000) • Reduce the FY 2018-19 appropriation to CIP 3-695 "21St Century ERP" (-$375,000) —please note that this amount has been moved to FY 2019-20 • Reduce the FY 2018-19 appropriation to CIP 3-157 "Facilities Planning Services" (-$50,000) • Reduce the FY 2018-19 appropriation to CIP 9-081 "Strategic Growth Area Projects" (450,000) 3. Eliminate the $1 per month increase in the solid waste collection fee. Instead, the TIP fund will make a one-time contribution of$1,476,000 to assist with recapitalization of the fleet within the Waste Management Fund. This will result in the reduction of$1,476,000 in the TIP Fund Reserve for Future Commitments, resulting in a decrease in the projected fund balance of the TIP Fund. -All 4. Eliminate the 10¢ per pack increase in the Cigarette Tax. This will result in a decrease of General Fund revenue in the amount of$1,547,980. -All 5. Eliminate the $2 increase in the Automobile License Fee. This will result in a decrease of General Fund revenue in the amount of$768,380. -All 6. In order to offset the loss of revenue with the elimination of the 100 increase in the Cigarette tax and the $2 increase in the Automobile License Fee, establish a negative compensation reserve of$2,290,379 in the General Fund, which will be attributed to attrition. -All 7. Eliminate the previously adopted 2.50 per day increase in the Storm Water ERU rate effective July 1, 2018, which reduces revenue in the Storm Water Utility Enterprise Fund by $2,290,379 (All). In order to offset this decrease in revenue in the fund, the following reductions are recommended by the City Manager: • Eliminate the two new positions and associated operating costs for the Storm Water Center of Excellence (-$335,680) • Eliminate the three new positions and associated operating costs for the Surface Water Regulatory Division(-$483,667) • Eliminate the one new position and associated operating costs for the Storm Water Permit Data Management(-$94,967) • Eliminate one Storm Water Construction Inspector and associated operating costs (-$100,545) • Eliminate the two new positions and associated operating costs for the Storm Water Management Facilities/Environmental Maintenance Crew (-$725,832) • Reduce the Storm Water Utility Fund Reserve for Future Commitments by$425,001 • Reduce the Storm Water Utility Fund Compensation Reserve by$124,687 8. Increase Interest Income in the General Fund by $233,133. This is a result of revised projections due to additional months of realized revenue which were not available at the time this revenue was initially estimated. 9. With the completion of the General Obligation Bond sale on March 13, 2018 and the Public Facility Revenue Bond Sale on March 28, 2018, interest rates were lower than projected, and thus the amount needed to meet debt service requirements in the General Fund in FY 2018-19 is reduced by$858,763. 10. Increase "State Aid to Localities with Police Departments" (599 funding) by $417,670. The City has revised its projection for this revenue based on the State's proposed FY 2019 budget. The Code of Virginia provides for financial assistance to localities with police departments that meet or exceed certain criteria through the "599" program. 11. An amount up to $3 million dollars is authorized to address vertical and horizontal compression (attached is the latest compression calculation).This amount will be offset with savings from attrition and position vacancies. Language will be included in the budget ordinance that authorizes the City Manager or his designee to transfer savings in salary or fringe benefit accounts among departments in any amount to accomplish this purpose notwithstanding other budgetary controls outlined in the ordinance. This will reduce the City's June 30, 2018 Projected Undesignated Fund Balance to approximately 9.7% of FY 2018-19 revenue. -All 12. Add $180,000 to provide an annual stipend for Firefighters that hold an Advanced EMT certification. This stipend will be provided to Firefighters who have acquired the necessary skills and training to provide basic and limited advanced emergency medical care for critical and emergent patients who access the emergency medical system. -Jones and Wood 13. Add$300,000 and authorize two additional FTEs in the Police Department to implement the Workforce Development Program. This program will allow Police Officers who have completed a certain set of criteria, to receive a 5% salary increase once they have completed three years of service with the Police Department. With the completion of additional criteria necessary to achieve the rank of Master Police Officer, an additional 5% salary increase can be achieved after three additional years of service (total of six years of service). Currently, Officers must achieve the requirements of the position and complete six years of service before they are eligible for a career progression to the rank of Master Police Officer. An additional position (1 FTE) will be added in the FY 2019-20 budget for the continued implementation of this program if required. -Jones and Wood 14. Modify 1.7 part-time Psychiatrist FTEs in the Human Services Department to one full-time Psychiatrist and a 0.25 part-time Psychiatrist position (total of 1.25 FTEs). On March 20, 2018, City Council adopted an ordinance to make this change in the department's FY 2017- 18 operating budget; however, due to the timing of that ordinance in relation to the drafting of the City Manager's Proposed Budget, the Proposed Budget reflects the part-time 1.7 Psychiatrist FTEs. As with the ordinance adopted in March, this adjustment in the FY 2018- 19 operating budget is cost neutral. -Kane 15. In order to comply with new United States Department of Defense security requirements, which prohibit unauthorized visitors to the Joint Expeditionary Base (JEB) from driving personal vehicles on to the base, add $210,857 to the Tourism Investment Program (TIP) Fund for the purchase of two 12-passenger shuttle buses and related operating costs for the Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant. The City, Preservation Virginia and JEB Command staff have developed this option for addressing the new security mandates while also continuing to provide public access to the Preservation Virginia-owned original lighthouse and First Landing monuments across the street. Preservation Virginia will fund the operators for these shuttles and when not in use for this purpose, the shuttle buses will be utilized by the Convention and Visitors Bureau for tourism and Convention Center related activities. In order to offset this increase, the TIP Fund Reserve for Contingencies will be reduced by the same amount. - Wilson and Uhrin 16. Add $105,000, including one FTE, to the operating budget of EMS for the establishment of a City Paramedicine program. The purpose of this program is to provide proactive medical services to individuals who frequently call upon the City's emergency medical resources for routine medical assistance. -Jones and Wood 17. Add $50,000 to the Convention and Visitor's Bureau to support marketing and advertising efforts for the 2019 induction ceremonies for the Virginia Sports Hall of Fame and to help solidify the Hall of Fame's presence at Town Center. - Wood,Dyer, and Davenport 18. Based on input from the Agricultural community, restore the dedication of the Real Estate tax to the Agricultural Reserve Program (ARP) from 0.150 to 0.90. In FY 2018-19, this will restore $4.1 million in real estate tax in the ARP and reduce the same amount from the General Fund. The $4.1 million to the ARP is reallocated for operating costs (including 1.48 FTEs) in the Agriculture Department, debt service, and a $990,000 transfer to the Storm Water section of the CIP. It also reduces $513,719 in specific fund reserves in the ARP. Likewise, $4.1 million of real estate tax revenue will be reduced from the General Fund, with a reduction of General Fund support for the operating expenditures in the Agriculture Department (including the 1.48 FTEs) and a $3.9 million reduction in the transfer from the General Fund to the CIP. -Henley In order to ensure that the Southern portion of the City has adequate resources to combat storm water issues, the Agricultural reserve program will provide $990,000 a year to CIP 7- 024 "Southern Canal/Lead Ditch and Culvert Improvements" ensuring that an annual appropriation of$1,390,000 will be programmed in that project. A one-time contribution of $1.5 million in ARP Fund Balance to CIP 7-047 "Ashville Park Drainage Improvements" is also included. A copy of the updated project detail sheets is attached. -Henley 19. Current Funding for Sister Cities is $21,000 ($12,000 for stipends and $9,000 for operating expenses and receptions). Sister Cities has submitted a modified budget to redirect the stipends to help cover some of the travel costs and program costs. They require an additional $20,500 to adequately fund their expanding programs and international agenda. - Wood 20. Add $21,000 to the Human Resources Department operating budget for the City's Human Rights Commission to fund additional commissioner memberships, professional development of commissioners, travel for the City coordinator, and marketing and promotion of the Commission. —Kane and Dyer 21. In order to incorporate the budget amendment adopted by the Virginia Beach School Board on April 24, 2018, reduce the City Manager's Reserve in the School Budget by $558,063 and add $275,000 to the Schools Operating Budget to enhance landscape management frequencies at School owned properties and add $283,063 and authorize 4.0 Behavior Interventionist positions in the Office of Student Support Services. The $558,063 is funding associated with additional revenue calculated in the City/School Revenue Sharing Formula that was not included in the School's adopted operating budget. -School Board 22. Add $250,000 to the Non-Departmental Budget for the purpose of providing a 10-year, interest free loan to the Green Run/Princess Anne Little League. The purpose of this loan is to assist the League with the build out of their complex to include utilities, bathrooms, a snack bar, parking, and bleachers. -Kane 23. Increase CIP 9-041 "Virginia Beach Sports Center" by $3 million, bringing the FY 2018-19 appropriation to that project to $54 million and the total City portion of the project to $58 million. In order to offset this increase in the Sport Center project, a reduction of$3 million will be made from CIP 9-045 "Central Beach and Convention Districts Parking" bringing the FY 2018-19 appropriation to that project to $7 million. - Uhrin 24. In order to provide greater clarity to the scope of several capital projects, the following project scopes are amended as follows: a. For CIP 2-138 "Atlantic Avenue Reconfiguration" add a sentence at the end of the Description and Scope that states "The acquisition of necessary property and easements is authorized but limited to the current funding appropriated." No additional appropriation is required. — Hansen (An updated project detail sheet is attached reflecting this revision). b. For CIP 7-047"Ashville Park Drainage Improvements" the title, project language, and schedule are amended to reflect current funding for Phase 1 per the attached project detail sheet. - Moss and Henley (An updated project detail sheet with additional clarifying language is attached). 25. Add $50,000 in FY 2019-20 to CIP 9-008 "Historic Kempsville" for Kempsville CAC streetscape improvements. This project increase will be supported by an increase in General Fund pay-go. -Abbott The details for the funding sources and the adjustments are identified on the attachments. I want to thank the public who came out to the various town hall meetings and public hearings to offer their comments on the FY 2018-19 Operating Budget and CIP as well as staff for their efforts to provide answers to our various questions. If you have any questions, please contact me directly. Sincerely, f�2..rti C 3w' Louis R. Jones, ayor Jam ty ood, Vice Mayor Attachments Operating Budget Changes Item on Letter Description Fund Revenue Appropriations FTE 1 Reduce Personal Property Tax Revenue GF (1,869,023) 2 Eliminate Resource Manage mentCaptain(Fire Department) GF (78,797) -1.0 2 Reduce New Police Officer Positions from 10to 5(Police Department) GF (534,753) -5.0 2 Eliminate ERP Support Position(Finance Department) GF (97,407) -1.0 2 Reduce one position to Environmental Management Office(Public Works) GF (100,000) -1.0 2 Reduce the General Fund Transferto the CIP GF (475,000) 3 Eliminate$1 per month Waste Management Collection Fee WM (1,476,000) 3 Increase Revenue in Wate Management Enterprise Fund-Transfers WM 1,476,000 3 Increase TIP Fund Transferto Waste Management Enterprise Fund TIP 1,476,000 3 Reduce TIP Fund Reserve for Future Commitments TIP (1,476,000) 4 Eliminate the 10C per pack increase in the Cigarette Tax Rate GF (1,547,980) 5 Eliminate the$2Automobile License Fee GF (768,380) 6 Establish a Negative Compensation Reserve GF (2,316,360) 7 Eliminate the previously adopted 2.5C per day ERU rate increase SWU (2,290,379) 7 Eliminate new positions for Storm Water Center of Excellence SWU (335,680) -2.0 7 Eliminate new positions forther Surface Water Regulatory Division SWU (483,667) -3.0 7 Eliminate new position for Storm Water Permit Data Management SWU (94,967) -1.0 7 Eliminate new position for Storm Water Construction Inspections SWU (100,545) -1.0 Eliminate new positions for Storm Water Management 7 Facilities/Environmental Maintenance Crew SWU (725,832) -2.0 7 Reduce Storm Water Utility Fund Reserve for Future Commitments SWU (425,001) 7 Reduce Storm Water Utility Fund Compensation Reserve SWU (124,687) 8 Increase Interest Income GF 233,133 9 Decrease General Fund Debt Service GF (858,763) 10 Increase 599 Funding GF 417,670 12 AEMT Stipend for Firefighters GF 180,000 13 Police Department Workforce Development Program GF 300,000 2.0 14 Reduce Part-Time Psychiatrist Position in Human Services GF (270,309) -1.7 14 Add Full-Time Part-Time Psychiatrist Positions in Human Services GF 270,309 1.25 15 Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant TIP 210,857 15 Reduce Reserve for Future Commitments TIP (210,857) 16 Community Paramedicine Program GF 105,000 1.0 17 Virginia Sports Hall of Fame GF 50,000 18 Reduce Real Estate Tax Revenue in the General Fund GF (4,128,248) 18 Reduce Revenue in Capital Projects Funds CIP (3,395,557) 18 Reduce the General Fund Transferto the CIP GF (3,910,557) 18 Reduce Appropriation to Capital Project Funds CIP (3,395,557) 18 Reduce General Fund Operating Costs in the Agriculture Department GF (217,691) -1.48 18 Increase Real Estate Tax Revenue in the Agricultural Reserve Program ARP 4,128,248 18 Reduce Specific Fund Reserves in the Agricultural Reserve Program ARP (513,719) 18 Increase Operating Costs in the Agricultural Reserve Program ARP 217,691 1.48 18 Increase the Transferfrom the Agricultural Reserve Program to the CIP ARP 990,000 18 Increase Debt Service in the Agricultural Reserve Program ARP 2,406,838 19 Increase Contribution to Sister Cities GF 20,500 20 Human Rights Commission GF 21,000 21 Reduce City Manager Reserve School OF (558,063) 21 Increase Landscape Management School OF 275,000 21 Behavior Interventionists-Office of Student Support Services School OF 283,063 4.0 22 Loan to Green Run/Princess Anne Little League GF 250,000 CIP Changes Item on Appropriation Changes CIP 3-695 21st Century ERP 2 (375,000) 375,000 CIP 3-157 Facilities Planning Services 2 (50,000) - CIP 9-081"Strategic Growth Area Projects 2 (50,000) 7-041 Central Resort District Drainage Improvements 18 (1,500,000) (4,000,000) 7-413 Neighborhood SW Infrastructure Improvements II 18 (410,557) (39,596) (100,000) (600,000) (600,000) (600,294) 7-024Southern Canal/Lead Ditch and Culvert Improvements 18 990,000 990,000 916,872 779,610 637,581 490,936 7-055 Canal Management Phase 1 18 (500,000) (1,000,000) (2,000,000) (1,500,000) (1,500,000) (1,500,000) 7-151 Eastern Shore Drive Drainage Phase 1 18 1,000,000 7-005 North lake Holly Watershed 18 - (2,0D0,000) 7-414Storm Water Quality Enhancements II 18 300 7-053 Lake Bradford/Chubb Lake 18 - (2,000,000) (2,000,000) (2,000,000) 9-041 Virginia Beach Sports Center 23 3,000,000 9-045 Central Beach and Convention Districts Parking 23 (3,000,000) 9-008 Historic Kempsville 25 - 50,000 Revenue Change Federal Revenue 7-041 Central Resort District Drainage Improvements 18 (1,500,000) Federal Revenue 7-047Ashville Park Drainage Improvements 18 1,500,000 ARP Fund Balance 7-047Ashville Park Drainage Improvements 18 1,500,000 General Fund Pay-as-you-Go 2,18,25 (4,385,557) (3,614,596) (4,172,828) (4,310,390) (4,452,419) (4,599,348) ARP Pay-as-you-Go 18 990,000 990,000 990,000 990,000 990,000 990,000 City of Virginia Beach FY 2019 thru FY 2024 Capital Improvement Program Project: 7024000 Title:Southern Canal/Lead Ditch and Culvert Improvements Status:Proposed Category: Storm Water Department:Public Works Ranking:FC-10 Project roject Type: Rehabilitation/Replacement District:Princess Anne Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CfP Funding Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Future Funding 10,690,000 2,350,000 1,390,000 1,390,000 1,390,000 1,390,000 1,390,000 1 1,390,000 0 Description and Scope F is project is for the design and construction of drainage improvements to canals/lead ditches,culverts,and roadways located in the southern tersheds.The improvements are generally located in the Mill Dam Creek,Blackwater Creek,Oakum Creek,Beggars Bridge Creek,and Nawney Creek atersheds. Purpose It has been over fifty years since the original construction of these systems.The systems'reduced capacity to accommodate the ten-year storm events may impact public safety. History and Current Status This project first appeared in the FY 2001-02 CIP,as project 7-003 Southern Canal/Lead Ditch Restoration Study,at a budgetary cost estimate of $700,000.It was divided into multiple phases that provide recommended incremental improvements to the southern drainage system.The construction of Phase I(Oakum Creek Culverts)was completed in July 2010.Phase II addressed undersized pipes and channel clearing for crossing Crags Causeway(2015),Head River Road(2015)and Indian Creek Road(2016).Construction is timed to avoid inconvenience to the agricultural community and residents(roadway detours in the southern end of the City can be more significant). The next phase addresses undersized pipes and ditches in the Charity Neck Road and Pleasant Ridge Road area.In FY 2019 this project began receiving$990,000 annually from the Agricultural Reserve Program to help fund future drainage improvements in the southern area of the City. Operating Project Project Activities From-To Amount Design 10/01-12/24 1,600,000 Private Utility Adjustments 11/03-12/24 500,000 Legend D � � Construction 03/10-12/24 7,490,000 c��k:�:fs Contingencies 07/01-12/24 1,100,000 OC-rWbl ACWh~ Total Budgetary Cost Estimate: 10,690,000 Means of Financing $ Funding Subclass Amount Local Funding 10,690,000 CRUX I � OG� Ditch And Culvert Improvements `, Total Funding: 10,690,000 GovMax V5 1 5/7/2018 City of Virginia Beach,Virginia Fiscal Years 2018-19 through 2023-24 Capital Improvement Program Project:7047000 Title:Ashville Park Drainage Improvements Phase I Status:Proposed Category:Storm Water Department:Public Works Project Type Project Location Project Type: New Facility Construction/Expansion District:Princess Anne Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 12,000,000 2,000,000 6,000,000 4,000,000 0 0 0 0 0 Description ..- A top priority for City Council is the management and planning of programs as they relate to areas of the City which experience recurrent flooding.Ashville Park neighborhood drains through 15 on site interconnected BMPs to Ashville Bridge Creek and then to Muddy Creek and ultimately into Back Bay.This project is for Phase I which includes design,property acquisition,and construction of stormwater drainage improvements necessary to improve roadway flooding and eliminate residential structural flooding in the Ashville Park neighborhood.The drainage improvements include,three new BMPs,expansion of an existing BMP,two new channels,stabilization and maintenance of existing ditches,a storm water pump station,a new weir that controls the water surface elevations within the entire drainage system as well as the rate of storm water discharge,and ditch and culvert improvements associated with raising Sandbridge Road at the New Bridge Road intersection. Purpose During intense rainfall events and windblown tidal events that are accompanied with moderate rain events,Ashville Park experiences wide spread flooding.During severe rainfall events including three in 2016(Tropical Storm Hermine Sept.1,2016;Tropical Storm Julia Sept. 19, 2016;Hurricane Matthew Oct.2016)residential structural flooding was experienced.Additionally,extreme roadway flooding occurred which made the neighborhood roads impassable.For several days,residents could neither enter nor leave their neighborhood.This project will improve stormwater management within the neighborhood to relieve the wide spread flooding.Public Works has completed a drainage study which evaluated potential drainage improvements which were used to scope this project.This project is divided into multiple phases. The next phase will include improvements to neighborhood stormwater inlets and piping,additional canals and storage BMPs and improvec capacity to convey stormwater to Ashville Bridge Creek. History and Current Status This project first appeared in the FY 2017 18 CIP.The Stormwater Model has been completed for the project and initial design is underway for the first phase of drainage improvements.Should a cost participation agreement for this project be approved by City Council it will be recommended that those funds be used to mitigate the use of local funding within this project.The new channels and BMPs,as well as the BMP expansion will be constructed by the developer while the City will design and construct the weir,the pump station and the intersectior improvements at the New Bridge Road/Sandbridge Road intersection.The current schedule of activities reflects the schedule for Phase I of the project.Phase II is currently not funded. Operating Project Map Schedule of Activities Project Activities From-To Amount M1 Design 07/17-12/21 1,900,000 " Private Utility Adjustments 10/18-10/19 100,000 Construction 05/18-12/21 8,400,000 e z' w:. .. Contingencies 07/17-12/21 1,600,000 •w'�, _ ry Total Budgetary Cost Estimate: 12,000,000 Means} of Financing Funding Subclass Amount Local Funding 9,000,000 Federal Contribution 1,500,000 Fund Balance-Agriculture Reserve 1,500,000 i - Total Funding: 12,000,000 Fiscal Year 2018-19 3 Capital Projects City of Virginia Beach,Virginia Fiscal Years 2018-19 through 2023-24 Capital Improvement Program Project:2138000 Title:Atlantic Avenue Reconfiguration I Status:Proposed Category:Roadways Department:Capital Improvement Program Project Project Type: Rehabilitation/Replacement District:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 245,000 245,000 0 0 0 0 0 0 2,480,000 Description and Scope This project will reconfigure Atlantic Avenue from 40th Street to Pacific Avenue,a distance of approximately 500 feet,removing the Atlantic Avenue/Pacific Avenue intersection and providing a cul-de-sac of Atlantic Avenue at the Cavalier Hotel property.40th Street will be widened to accommodate an additional left turn lane at both Pacific Avenue and Atlantic Avenue as well as geometric changes at the 40th Street/Pacific Avenue intersection to provide new left turn lanes both northbound and southbound along Pacific.The project also includes two new traffic signals,one at 40th Street/Pacific Avenue and one at 42nd Street/Pacific Avenue.The acquisition of necessary property and easements is authorized but limited to the current funding appropriated. Purpose This project will improve pedestrian/bicycle mobility demands in the Atlantic/Pacific Avenue area and expand access from the Oceanfront Boardwalk to the north end of the Resort Area.The proposed improvements would be accomplished in conjunction with the development of the Cavalier Hotel property.The project is designed to facilitate efficient and safe vehicular and pedestrian circulation into a large conference center and resort.The reconfiguration of Atlantic Avenue will allow for better access to the proposed development while not adversely impacting the motoring public using Atlantic Avenue and Pacific Avenue. History and Current Status This project first appeared in the FY 2017-18 CIP.Public Works continues to try to secure a grant to complete the majority of the work within this project scope. Operating Project Map Schedule of Activities Project Activities From-To Amount Design 08/17-O1/19 322,000 E, Private Utility Adjustments 07/24-06/25 238,000 ' Construction 07/25-03/26 1,841,000 Street Lights 04/26-07/26 77,000 6 Contingencies 08/17-07/26 247,000 Total Budgetary Cost Estimate: 2,725,000 Means of Financing Funding Subclass Amount s , Local Funding 245,000 r 1 Total Funding: 245,000 Fiscal Year 2018-19 2 Capital Projects ' c Vertical Compression Employee File Date: 04/03/2018 Vertical Compression Calculations Supervisory Required Group Supv Salary #Awards Increase FT General $488,030 92 Benefits .21575 $105,293 Total Costs $593,323 Fire $267,388 29 Police $108,659 11 EMS $48,127 7 ECC $573 2 Sheriff $6,081 5 SWORN Total $430,827 54 Benefits .21575 $92,951 Total Costs $523,778 Sala Total $918,857 Benefits .21575) $198,243 Total Costs $1,117,101 # Em Is Recvq 146 Rule Followed: FT General-Where Compression is found,the supervisor is taken$1 above the compressing salary Protective Services-Compression determined by highest salary in lower rank.Compressed supervisor is taken$1 above the compressing salary. c ' b Horizontal Compression Awards Employee File Date:04/03/2018 Dept #Empls #Awards $Awards Job Title #Empls #Awards $Awards AGR 7 7 2000 Deputy Sheriff/Captain (State) 8 8 800 AUD 5 5 1000 Deputy Sheriff/Lieutenant(State) 12 12 1500 CAD 39 39 11800 Deputy Sheriff/Sergeant(State) 29 29 11600 CCC 55 55 12100 Deputy Sheriff/Master Deputy(State) 61 61 30800 CIR 12 12 2000 Deputy Sheriff(State) 312 3121 153700 CIT 161 161 33100 Fire Chief 1 1 0 CLK 4 4 0 Fire Deputy Chief 2 2 0 CMD 14 14 600 Fire District Officer 6 6 500 COM 17 17 1800 Fire Battalion Officer 23 23 5900 COR 57 57 9100 Fire Captain 101 101 39919 CUL 3 3 900 Master Firefighter Medic 51 51 16648 CVB 104 104 20446 Master Firefighter 146 146 83366 CWA 83 83 14100 Firefighter Medic 19 19 2000 ECC 104 104 5000 Firefighter 99 99 500 ECO 19 19 1500 Firefighter Recruit 29 29 0 EMS 77 77 10600 Police Chief 1 1 0 FIN 57 57 6200 Police Deputy Chief 3 3 0 FIR 505 505 159532 Police Captain 12 121 2500 GRD 11 11 0 Police Lieutenant 25 25 8100 HNP 71 71 19720 Police Sergeant 94 94 40470 HRD 44 44 SHOO Master Police Officer 379 379 212517 HSD 905 905 281485 Police Officer 255 255 46400 JUV 3 3 1000 Police Officer Recruit 3 31 0 LIB 184 184 46745 SWORN Totals 1671 $657,219 MSB 13 13 900 Benefits $141,795 MUS 96 96 14300 Grand Totall $799,014 OEM 4 4 500 PAR 451 451 127240 General Employees Totals 43011 $1,069,312 PHD 8 81 1100 Benefits $230,704 PLN 126 126 26700 Grand Total $1,300,016 POL 946 946 345916 _ PUD 370 370 103363 Combined Totals 59721 $1,726,531 PWD 843 843 234084 Benefits $372,499 REA 31 31 4100 Grand Total $2,099,030 SHF 477 477 205400 Award Criteria: STR 3 3 0 Different Salaries within same year of title service-not compression THE 63 63 16400 Compression Award Values: Grand Tot 59721 59721 1726531 $100 per year of service in title; up to 10yrs or$1,000 Special Note:To"fix"compression at this point in time,would require 4,606 awards totaling$38AM including payroll taxes and benefit costs 41 Item-V-L.1 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68105 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to APPROPRL4TE$2,009,080,703 for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019, re operations Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1,2018 AND ENDING JUNE 30,2019 IN THE SUM 3 OF$2,009,080,703 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1,201-78 and ending June 30,20189,and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 9 10 Sec.1. That the amounts named aggregating $2,809,032,556 consisting of$586,051,703 in inter-fund transfers, 11 $213,900,150 for internal service funds,and$2,009,080,703 for operations,are hereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for 13 the purposes hereinafter mentioned, as set forth in the Annual Operating Budget,which is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 201-78 and ending June 30, 20189 (hereinafter, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as"Attachment A—Appropriations."The City Council elects to fund 16 the Virginia Beach City Public Schools by lump sum appropriation. 17 18 Sec.2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations 19 is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations 20 attached to this ordinance as"Attachment B—Revenues." 21 22 Sec.3. With the exception of the funds under the control of the School Board, specifically the funds numbered 23 104, 107, 108, 109, 112,114, 115, 116, 117, 119,614,and 615(hereinafter referred to as"School Board Funds"),the 24 total number of full-time permanent positions shall be the maximum number of positions authorized for the various 25 departments of the City during the Fiscal Year, except for changes or additions authorized by the Council or as 26 hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or 27 temporary positions provided the aggregate amount expended for such services shall not exceed the respective 28 appropriations made therefore.The City Manager is further authorized to make such rearrangements of positions 29 within and between the departments as may best meet the needs and interests of the City, including changes 30 necessary to implement the employee transition program. 31 32 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery,the City Council hereby 33 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the 34 Fiscal Year as may be necessary to implement organizational adjustments that have been authorized by the City 35 Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on 36 such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and 37 orderly transition of existing organizational functions. The City Manager shall make a report each year to the City 38 Council identifying the status and progress of any such organizational adjustments. 39 40 Sec.5. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service 41 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax 42 levy. 43 44 Sec.6. All balances of the appropriations payable out of each fund of the City Treasury at the close of the Fiscal 45 Year, unless otherwise provided for,are hereby declared to be lapsed into the fund balance of the respective funds, 46 except all appropriations to School Board Funds derived from local public sources which shall lapse and revert to the 47 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 48 appropriation ordinance for the fiscal year beginning July 1, 20189. Prior to the expenditure of any sums that have 49 lapsed to the fund balance of any fund,an appropriation by the City Council shall be required. 50 51 Sec.7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 52 for developing financial strategies for the water and sanitary sewer system based on the following guidelines:(a)for 53 the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating 54 expense shall be pursued;(b)for the Water and Sewer Fund,the goal shall be for debt service coverage on its water 55 and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including water and sewer general 56 obligation bonds,at no less than 1.20 times and(c)for the Water and Sewer Fund,contributions from non-borrowed 57 funds, on a five-year rolling average basis, will be sought for approximately 25%of the annual capital program for 58 the water and sewer system. 59 60 Sec.S. All balances of appropriations in each fund which support authorized obligations or are encumbered at the 61 close of the business for the Fiscal Year,are hereby declared to be re-appropriated into the fiscal year beginning July 62 1, 20199 and estimated revenues adjusted accordingly. 63 64 Sec.9. All balances of appropriations attributable to grants or other similar funding mechanism from state or 65 federal sources and trust or gift funds,whose period of expenditure extends beyond the fiscal year ending on June 66 30, 201-78 are hereby declared to be re-appropriated into the Fiscal Year, and estimated revenues adjusted 67 accordingly.The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, 68 and provided there is any remaining balance in the grant, the portion of the balance attributable to local sources 69 shall revert to the General Fund,special revenue fund,or enterprise fund that provided the local contribution. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being 73 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated 74 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund 75 Transfers. 76 77 Sec. 11. That Fevenues Gellected GF aPPFGPFiated in PY 20-116- 1-:7 that exceed expenditWes within the Multi FAe 78 f---Pd-are_rA R_vP_d_.*RtP-the f-61IRd-bal-ancEe A-f the GeneFal Fund;heFeby,eliminating the Multi Medd-al Fund. Any FeveRues- 79 pFevieusly diFeeted to the Multi Medal Pund aFe 5uWeet to the appFOPFiations set feFth heFein. 80 81 Sec.12.3 82 $1,186,393 83 th.,.. ..t of the FY 2015 16 true p fGF LJampten Reads TFansit 84 85 Sec.1149.The City Manager or the Director of Budget and Management Services is hereby authorized to approve 86 transfers of appropriations in an amount up to$100,000 between any Appropriation Units included in this ordinance 87 through the accrual period.The City Manager shall make a monthly report to the City Council of all transfers between 88 $25,000 and $100,000. in addition, the City Manager may transfer, in amounts necessary, appropriations from all 89 Reserves for Contingencies except Reserve for Contingencies—Regular,within the intent of the Reserve as approved 90 by City Council. 91 92 Sec.4412.The City Manager or the Director of Budget and Management Services is hereby authorized to establish 93 and administer budgeting within Appropriation Units consistent with best management practices, reporting 94 requirements, and the programs and services adopted by the City Council. Consistent with best management 95 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 96 collectible either during the current period or after the end of the current period, but in time to pay year-end 97 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 98 resources rather than future resources. In practical effect,the modified accrual system allows a window of 45 days 99 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City 100 Manager or the Director of Budget and Management Services is further authorized to establish administrative 101 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 102 103 Sec. 13 U.The City Manager or the Director of Budget and Management Services is hereby authorized to change 104 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 105 support of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management 106 Services is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the 107 decline in Estimated Revenue.The City Manager shall give prior notice to the City Council of any reduction to total 108 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 109 appropriation reduction and the Appropriation Units affected.The accounting records of the City will be maintained 110 in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's 111 funds.The City Manager or the Director of Budget and Management Services is hereby authorized to transfer any 112 excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were 113 appropriated have been incurred. Nothing in this section shall be construed as authorizing any reduction to be made 114 in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City 115 Government. 116 117 Sec. 16 14. The Department of Economic Development is hereby authorized to pay an amount up to $1,000,000 118 from their FY 20178-199 Operating Budget to the Virginia Beach Economic Development Authority,for the purpose 119 of pursuing,implementing,and furthering initiatives recommended by the Bio-medical Task Force.Furthermore,the 120 Economic Development Department is hereby authorized to pay an amount up to an additional $1,500,000 from 121 their FY 2018-19 Operating Budget to the Virginia Beach Economic Development Authority for the purpose of 122 pursuing, implementing, and furthering initiatives related to attracting Bio-medical and Cybersecurity firms or 123 businesses to the City.An amount of up to$250,000 is hereby authorized in FY 2018-19 operating budget from Non- 124 Departmental to the VBDA to provide a 10-year, interest free loan to the Green Run/Princess Anne Little League. 125 The purpose of this loan is to assist the League with the build out of their complex to include utilities, bathrooms, a 126 snack bar, parking,and bleachers. 127 128 Sec.14 15.Allowances made from the appropriations made in this ordinance by any or all of the City departments, 129 bureaus,or agencies,to any of their officers and employees for expenses on account of the use by such officers and 130 employees of their personal automobiles in the discharge of their official duties shall follow the Internal Revenue 131 Service standard mileage rates used to calculate the deductible costs of operating an automobile for business, 132 charitable, medical or moving purposes. 133 134 Sec. U 16. In the event of an emergency and under emergency circumstances wherein the City Council cannot 135 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 136 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 137 following the expenditure of funds under this provision,and as soon as the City Council can reasonably meet under 138 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds 139 were expended,and present to the City Council for adoption an emergency appropriations ordinance that sets forth 140 what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the 141 budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 142 143 An emergency is defined for the purposes of this provision as an event that could not have been 144 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 145 health, safety or welfare is involved, such as clean-up after a hurricane, and/or(ii) immediate action is required to 146 protect or preserve public properties. 147 148 Sec. 49 17. All travel expense accounts shall be submitted on forms approved by the Director of Finance and 149 according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or 150 paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses.The Director of 151 Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for 152 "lump-sum"amounts. 153 154 Sec.2018.A salaFy ORCFease of 1.9% , 155 ^+^ . . ees of the Constitutional Of*Gees is hereby. vided.A salary increase of 2.0%on the pay period dating 156 back to June 2-21 201-78 for the five Constitutional Officers, part-time City employees, and part-time employees of 157 the Constitutional Officers is hereby provided. 158 159 Sec.2219.A-12%merit pay increase is hereby authorized for full-time City employees with a performance feedback 160 completed from July 1, 20167 to June 30, 201-78 and for newly hired probationary employees on their anniversary 161 date with a performance feedback completed from July 1,2018 to June 30,2019 that indicates overall performance 162 meets expectations.The merit pay increase shall be calculated against the mid-point of each pay range and paid as 163 a flat dollar amount to full-time employees on that pay range. Notwithstanding policy or administrative directive 164 addressing bonus providing otherwise, for an employee who is at the maximum of the pay ranee for her position 165 classification with a meet expectations performance feedback completed from July 1,2017 to June 30,2018,a lump 166 sum bonus equal to 1%of the midpoint for their position classification shall be paid on the first pay period after July 167 1, 2018 and a second bonus equal to 1%of the midpoint of her position classification shall be paid on the first pay 168 period after January 1,2019 in lieu of the merit increase.For an employee,who as a result of all,or a portion,of the 169 2% merit increase authorized above, will exceed the maximum of the pay range for her classification, she shall 170 receive the portion of the merit pay equal to the difference between the maximum of the pay range and her current 171 salary.Any amount in excess of the difference between the 2%merit and the maximum of the position classification 172 shall be paid in the form of a lump sum bonus, half of which will be payable on the first pay date after July 1, 2018 173 and the other half payable on the first pay date after January 1, 2019. Notwithstanding the timing provisions 174 provided by City Code§§2-109 and 2-116,the merit pay increase authorized by this section shall be provided on the 175 pay period dating back to June 21, 2018 '��'�.. 17 or a subsequent date for newly hired probationary employees. 176 The other requirements provided by City Code §§ 2-109 and 2-116 s Gh as the eligibility f^.S Gh F •it pay being 177 1;^ :t,,,d t, RE PFE)bat;,..aFy ,.w,.,l,,,ees shall still apply. To ensure accountability, the failure of a supervisor 178 responsible for preparing the performance feedback,to complete the same prior to July 1, 201-78 shall result in the 179 supervisor and employee(s) merit pay increase being delayed until such time as the performance feedback is 180 completed. In those cases,the merit pay increase will be retroactive upon completion of the performance feedback 181 for both the supervisor responsible for completing the performance feedback and the employee(s).This section shall 182 also apply to the employees of the Constitutional Officers. Any additional stipends, special pay, or executive 183 entitlement pay to employees appointed by the City Council and subject to City Code§2-89 or Constitutional Officers 184 must be approved by a separate action of the City Council. 185 186 Sec.22 20. An amount of up to $3 million dollars is hereby authorized to address vertical and horizontal 187 compression. This amount shall be offset with savings from attrition and position vacancies. To accomplish this 188 purpose,the City Manager or his designee is hereby authorized to transfer savings in salary or fringe benefit accounts 189 among departments in anv amount notwithstanding other budgetary controls outlined in the ordinance. 190 191 Sec. 23 21. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 192 persons responsible for the management of the Appropriation Unit in which the violation occurred. 193 194 Sec.24 22. This ordinance shall be effective on July 1, 201-78. The portion of Sections 29 18 and 24 19 addressing 195 the payroll period that crosses fiscal years shall be effective June 2-21, 201-78. S—t°^^ 12 ^f thiS 04mace shall 196 her.--- a effear-Aiye_ of the.date of a deptien of this A-m-in ., 197 198 Sec.25 23. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 199 shall not affect the validity of the remaining parts of this ordinance. 200 201 Requires an affirmative vote by a majority of all of the members of City Council. 202 203 204 Adopted by the Council of the City of Virginia Beach,Virginia,on theLs-tday of May, 2018. 205 APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY: 0) David Bradley ---IIana Harmeyer Budget and Management Services City Attorney's Office City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 002 General Fund Agriculture 886,229 Benefits Administration 735,538 Board of Equalization 2,980 Budget and Management Services 1,422,761 Circuit Court 1,134,104 City Attorney 4,459,610 City Auditor 946,303 City Clerk 640,073 City Manager 2,610,189 City Real Estate Assessor 3,337,538 City Treasurer 6,287,888 Clerk of the Circuit Court 3,628,282 Commissioner of the Revenue 4,734,280 Commonwealth's Attorney 8,896,166 Communications Office 1,798,262 Community Organization Grants 502,193 Computer Replacement Program 1,648,642 Convention and Visitor Bureau 10,389,654 Cultural Affairs 2,387,322 Debt Service 52,883,834 Department of Aquarium and Museums 12,795,850 Economic Development 5,889,639 Emergency Communications and Citizen Services 11,097,236 Emergency Management 548,365 Emergency Medical Services 12,119,189 Employee Special Benefits 7,750,031 Finance 5,849,653 Fire 54,301,160 General District Court 476,224 Health 3,479,663 Housing and Neighborhood Preservation 5,245,795 Human Resources 4,892,507 Human Services 118,933,300 Independent Financial Services 164,999 Information Technology 26,660,102 Juvenile and Domestic Relations District Court 181,918 Juvenile Probation 1,490,927 Leases 2,155,539 Library 18,157,684 Magistrates 64,858 Municipal Council 583,962 Parks and Recreation 14,811,944 Planning 18,221,264 Police 102,579,286 Public Works 70,554,252 Regional Participation 3,041,888 Reserve for Contingencies 7,858,640 Revenue Reimbursements 16,980,347 Strategy,Transparency, Innovation& Resiliency Office 599,904 Transfer to Other Funds 512,993,343 Vehicle Replacements 5,357,514 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted Voter Registration&Elections 1,727,066 Fund 002 Appropriation Totals 1,156,895,897 098 School Reserve Special Revenue Fund Transfer to Other Funds 6,800,000 Fund 098 Appropriation Totals 6,800,000 104 Green Run Collegiate Charter School Education 3,803,031 Fund 104 Appropriation Totals 3,803,031 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 1,088,036 Fund 107 Appropriation Totals 1,088,036 108 School Instructional Technology Fund Instructional Technology 260,244 Fund 108 Appropriation Totals 260,244 109 School Vending Operations Fund Vending 150,000 Fund 109 Appropriation Totals 150,000 112 School Communication Tower Technology Fund Instructional Technology 850,000 Fund 112 Appropriation Totals 850,000 114 School Cafeteria Fund Cafeteria 33,733,213 Fund 114 Appropriation Totals 33,733,213 11S School Operating Fund Debt Service 42,421,657 Education 758,725,919 Transfer to Other Funds 12,440,085 Fund 115 Appropriation Totals 813,587,661 116 School Grants Fund Grants 61,486,650 Fund 116 Appropriation Totals 61,486,650 117 School Textbook Fund Textbook 6,206,584 Fund 117 Appropriation Totals 6,206,584 119 School Athletic Special Revenue Fund Athletic 5,028,774 Fund 119 Appropriation Totals 5,028,774 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 130 Law Library Fund Library 219,689 Reserve for Contingencies 2,400 Transfer to Other Funds 40,000 Fund 130 Appropriation Totals 262,089 140 Commonwealth Attorney's Fed & State Seized Assets SRF Commonwealth's Attorney 100,000 Fund 140 Appropriation Totals 100,000 142 Police Federal & State Seized Assets SRF Police 285,915 Fund 142 Appropriation Totals 285,915 146 State Rental Assistance Program Housing and Neighborhood Preservation 689,476 Reserve for Contingencies 70,078 Fund 146 Appropriation Totals 759,554 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 21,976,607 Reserve for Contingencies 26,789 Fund 147 Appropriation Totals 22,003,396 149 Sheriff's Department Special Revenue Fund Sheriff and Corrections 48,142,529 Fund 149 Appropriation Totals 48,142,529 151 Parks and Recreation Special Revenue Fund Debt Service 4,478,998 Parks and Recreation 33,054,482 Public Works 3,235,299 Reserve for Contingencies 393,499 Transfer to Other Funds 1,495,788 Fund 151 Appropriation Totals 42,658,066 152 Tourism Investment Program Fund Convention and Visitor Bureau 4,850,144 Cultural Affairs 50,500 Debt Service 22,365,740 Parks and Recreation 722,397 Planning 1,200,548 Public Works 2,908,264 Reserve for Contingencies 7,768,161 Transfer to Other Funds 1,990,873 Fund 152 Appropriation Totals 41,856,627 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 157 Sandbridge Special Service District Spec Rev Fd Public Works 844,490 Transfer to Other Funds 3,997,388 Fund 157 Appropriation Totals 4,841,878 161 Agriculture Reserve Program Special Revenue Fund Agriculture 217,691 Debt Service 4,845,553 Transfer to Other Funds 990,000 Fund 161 Appropriation Totals 6,053,244 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 12,686,776 Reserve for Contingencies 17,500 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 12,761,114 166 Sandbridge Tax Increment Financing Fund Future C.I.P.Commitments 8,000,000 Transfer to Other Funds 2,352,612 Fund 166 Appropriation Totals 10,352,612 169 Central Business District-South TIF (Twn Cntr) Fd Debt Service 8,193,269 Transfer to Other Funds 150,000 Fund 169 Appropriation Totals 8,343,269 172 Open Space & Park Infrastructure Development & Maintenance SRF Debt Service 2,588,043 Parks and Recreation 409,266 Reserve for Contingencies 132,590 Transfer to Other Funds 2,500,000 Fund 172 Appropriation Totals 5,629,899 174 Town Center Special Service District Parks and Recreation 60,338 Town Center Special Tax District 1,906,480 Transfer to Other Funds 631,976 Fund 174 Appropriation Totals 2,598,794 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation 1,680,508 Reserve for Contingencies 28,354 Transfer to Other Funds 128,858 Fund 180 Appropriation Totals 1,837,720 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 791,115 Fund 181 Appropriation Totals 791,115 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 862,063 Reserve for Contingencies 1,510 Fund 182 Appropriation Totals 863,573 183 Grants Consolidated Fund Commonwealth's Attorney 816,827 Emergency Communications and Citizen Services 2,000 Emergency Medical Services 375,000 Fire 383,191 Housing and Neighborhood Preservation 1,546,722 Human Services 1,879,739 Public Works 20,000 Transfer to Other Funds 1,038,155 Fund 183 Appropriation Totals 6,061,634 241 Water and Sewer Fund Debt Service 21,796,096 Public Utilities 85,371,921 Reserve for Contingencies 1,585,081 Transfer to Other Funds 22,761,825 Fund 241 Appropriation Totals 131,514,923 253 Parking Enterprise Fund Debt Service 579,780 Planning 3,758,679 Reserve for Contingencies 25,709 Transfer to Other Funds 725,821 Fund 253 Appropriation Totals 5,089,989 254 Waste Management Enterprise Fund Public Works 33,501,033 Reserve for Contingencies 169,944 Transfer to Other Funds 2,986,789 Fund 254 Appropriation Totals 36,657,766 255 Storm Water Utility Enterprise Fund Debt Service 3,955,648 Public Works 26,975,663 Reserve for Contingencies 161,064 Transfer to Other Funds 11,309,761 Fund 255 Appropriation Totals 42,402,136 310 Old Donation Creek Area Dredging SSD Transfer to Other Funds 72,620 Fund 310 Appropriation Totals 72,620 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 311 Bayville Creek Neighborhood Dredging SSD Fund Transfer to Other Funds 75,241 Fund 311 Appropriation Totals 75,241 312 Shadowlawn Area Dredging SSD Transfer to Other Funds 29,056 Fund 312 Appropriation Totals 29,056 313 Chesopeian Colony Dredging SSD Transfer to Other Funds 209,162 Fund 313 Appropriation Totals 209,162 314 Harbour Point Dredging SSD Transfer to Other Funds 19,496 Fund 314 Appropriation Totals 19,496 315 Gills Cove Dredging SSD Transfer to Other Funds 24,795 Fund 315 Appropriation Totals 24,795 316 Hurds Cove Dredging SSD Transfer to Other Funds 231,221 Fund 316 Appropriation Totals 231,221 460 School General Revenue Capital Projects Fund School Capital Projects 500,000 Fund 460 Appropriation Totals 500,000 540 General Government Capital Projects Fund Building Capital Projects 7,978,448 Coastal Capital Projects 9,560,000 Economic and Tourism Development Capital Projects 4,363,586 Information Technology Projects 4,462,222 Parks and Recreation Capital Projects 6,958,033 Roadways Capital Projects 11,673,020 Fund 540 Appropriation Totals 44,995,309 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 12,500,000 Fund 541 Appropriation Totals 12,500,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 14,576,510 Fund 555 Appropriation Totals 14,576,510 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 606 City Garage Internal Service Fund Public Works 13,766,356 Reserve for Contingencies 124,228 Fund 606 Appropriation Totals 13,890,584 607 Risk Management Internal Service Fund Finance 18,197,111 Fund 607 Appropriation Totals 18,197,111 613 School Landscaping Internal Service Fund Parks and Recreation 4,966,007 Reserve for Contingencies 40,901 Fund 613 Appropriation Totals 5,006,908 614 School Risk Management Fund School Risk Management 6,805,724 Fund 614 Appropriation Totals 6,805,724 615 City and School Health Insurance Fund City and School Health Insurance 157,467,867 Fund 615 Appropriation Totals 157,467,867 616 Fuels Internal Service Fund Public Works 5,681,880 Fund 616 Appropriation Totals 5,681,880 620 Telecommunications Internal Service Fund Information Technology 3,275,853 Reserve for Contingencies 24,514 Fund 620 Appropriation Totals 3,300,367 621 Subscriptions Internal Service Fund Information Technology 3,272,745 Reserve for Contingencies 276,964 Fund 621 Appropriation Totals 3,549,709 908 City Beautification Fund Parks and Recreation 50,000 Fund 908 Appropriation Totals 50,000 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 1,000 Fund 910 Appropriation Totals 1,000 911 Parks and Recreation Gift Fund Parks and Recreation 55,000 Fund 911 Appropriation Totals 55,000 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 916 Social Services Gift Fund Human Services 35,064 Fund 916 Appropriation Totals 35,064 Total Budget Appropriations 2,809,032,556 Less Internal Service Funds 213,900,150 Less Interfund Transfers 586,051,703 NET BUDGET APPROPRIATIONS 2,009,080,703 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 002 General Fund Revenue From Local Sources Automobile License 10,757,313 Business License 48,669,429 Charges for Services 39,598,917 Cigarette Tax 10,835,826 Fines and Forfeitures 5,546,186 From the Use of Money and Property 7,792,610 General Sales Tax 66,621,323 Hotel Room Tax 7,699,337 Miscellaneous Revenue 6,760,994 Other Taxes 11,399,109 Permits, Privilege Fees,and Regulatory Licenses 5,633,663 Personal Property 159,729,356 Real Estate 537,918,638 Restaurant Meal Tax 44,933,289 Utility Tax 49,337,837 Revenue from the Commonwealth Other Sources from the Commonwealth 104,193,305 Revenue from the Federal Government 22,634,684 Specific Fund Reserves 507,970 Transfers from Other Funds 16,326,111 Fund 002 Revenue Totals 1,156,895,897 098 School Reserve Special Revenue Fund Specific Fund Reserves 6,800,000 Fund 098 Revenue Totals 6,800,000 104 Green Run Collegiate Charter School Transfers from Other Funds 3,803,031 Fund 104 Revenue Totals 3,803,031 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 1,088,036 Fund 107 Revenue Totals 1,088,036 108 School Instructional Technology Fund Specific Fund Reserves 260,244 Fund 108 Revenue Totals 260,244 109 School Vending Operations Fund Revenue From Local Sources Miscellaneous Revenue 144,000 Specific Fund Reserves 6,000 Fund 109 Revenue Totals 150,000 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property 510,000 Specific Fund Reserves 340,000 Fund 112 Revenue Totals 850,000 114 School Cafeteria Fund Revenue From Local Sources Charges for Services 11,230,670 From the Use of Money and Property 50,000 Miscellaneous Revenue 673,583 Revenue from the Commonwealth Other Sources from the Commonwealth 500,000 Revenue from the Federal Government 19,333,672 Specific Fund Reserves 1,945,288 Fund 114 Revenue Totals 33,733,213 115 School Operating Fund Revenue From Local Sources Charges for Services 2,216,638 From the Use of Money and Property 465,000 Miscellaneous Revenue 836,703 Revenue from the Commonwealth Other Sources from the Commonwealth 272,725,078 State Shared Sales Tax 75,344,490 Revenue from the Federal Government 12,670,337 Transfers from Other Funds 449,329,415 Fund 115 Revenue Totals 813,587,661 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue 993,539 Revenue from the Commonwealth Other Sources from the Commonwealth 15,686,983 Revenue from the Federal Government 41,193,848 Transfers from Other Funds 3,612,280 Fund 116 Revenue Totals 61,486,650 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property 29,483 Miscellaneous Revenue 27,000 Revenue from the Commonwealth Other Sources from the Commonwealth 4,009,991 Specific Fund Reserves 2,140,110 Fund 117 Revenue Totals 6,206,584 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services 499,000 From the Use of Money and Property 5,000 Transfers from Other Funds 4,524,774 Fund 119 Revenue Totals 5,028,774 130 Law Library Fund Revenue From Local Sources Charges for Services 255,000 From the Use of Money and Property 1,060 Miscellaneous Revenue 400 Specific Fund Reserves 5,629 Fund 130 Revenue Totals 262,089 140 Commonwealth Attorney's Fed & State Seized Assets SRF Specific Fund Reserves 100,000 Fund 140 Revenue Totals 100,000 142 Police Federal & State Seized Assets SRF Specific Fund Reserves 285,915 Fund 142 Revenue Totals 285,915 146 State Rental Assistance Program Revenue from the Commonwealth Other Sources from the Commonwealth 759,554 Fund 146 Revenue Totals 759,554 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services 3,625,000 Miscellaneous Revenue 2,000 Revenue from the Federal Government 18,232,670 Transfers from Other Funds 143,726 Fund 147 Revenue Totals 22,003,396 149 Sheriff's Department Special Revenue Fund Revenue From Local Sources Charges for Services 4,634,608 From the Use of Money and Property 11,000 Miscellaneous Revenue 2,000 Revenue from the Commonwealth Other Sources from the Commonwealth 19,044,683 Revenue from the Federal Government 140,000 Transfers from Other Funds 24,310,238 Fund 149 Revenue Totals 48,142,529 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 15,284,757 From the Use of Money and Property 1,636,474 Miscellaneous Revenue 5,400 Permits, Privilege Fees,and Regulatory Licenses 1,250 Real Estate 19,418,709 Revenue from the Commonwealth Other Sources from the Commonwealth 11,000 Specific Fund Reserves 27,000 Transfers from Other Funds 6,273,476 Fund 151 Revenue Totals 42,658,066 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 6,872,387 Cigarette Tax 773,988 Fines and Forfeitures 458,900 From the Use of Money and Property 848,172 Hotel Room Tax 18,950,087 Miscellaneous Revenue 8,250 Permits, Privilege Fees,and Regulatory Licenses 381,904 Restaurant Meal Tax 13,562,939 Fund 152 Revenue Totals 41,856,627 157 Sandbridge Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 7,037 Hotel Room Tax 3,926,250 Real Estate 739,993 Specific Fund Reserves 78,598 Transfers from Other Funds 90,000 Fund 157 Revenue Totals 4,841,878 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources From the Use of Money and Property 31,917 Real Estate 4,966,225 Specific Fund Reserves 1,055,102 Fund 161 Revenue Totals 6,053,244 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 53,000 From the Use of Money and Property 67,000 Hotel Room Tax 6,233,501 Miscellaneous Revenue 10,000 Restaurant Meal Tax 6,397,613 Fund 163 Revenue Totals 12,761,114 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property 28,126 Real Estate 10,297,813 Specific Fund Reserves 26,673 Fund 166 Revenue Totals 10,352,612 169 Central Business District-South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 2,000 Hotel Room Tax 500,000 Real Estate 7,333,268 Specific Fund Reserves 508,001 Fund 169 Revenue Totals 8,343,269 172 Open Space & Park Infrastructure Development & Maintenance SRF Revenue From Local Sources Restaurant Meal Tax 5,629,899 Fund 172 Revenue Totals 5,629,899 174 Town Center Special Service District Revenue From Local Sources Charges for Services 24,300 Fines and Forfeitures 115,000 From the Use of Money and Property 259,500 Real Estate 2,034,071 Specific Fund Reserves 15,923 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 2,598,794 180 Community Development Special Revenue Fund Revenue from the Federal Government 1,289,468 Transfers from Other Funds 548,252 Fund 180 Revenue Totals 1,837,720 181 CD Loan and Grant Fund Non-Revenue Receipts 120,000 Revenue from the Federal Government 534,849 Transfers from Other Funds 136,266 Fund 181 Revenue Totals 791,115 182 Federal Housing Assistance Grant Fund Non-Revenue Receipts 75,000 Revenue from the Federal Government 788,573 Fund 182 Revenue Totals 863,573 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 183 Grants Consolidated Fund Revenue from the Commonwealth Other Sources from the Commonwealth 3,095,804 Revenue from the Federal Government 1,702,369 Transfers from Other Funds Revenue from the Federal Government 421,191 Fund 183 Revenue Totals 6,061,634 241 Water and Sewer Fund Non-Revenue Receipts 3,925,041 Revenue From Local Sources Charges for Services 123,774,644 From the Use of Money and Property 742,891 Miscellaneous Revenue 308,657 Revenue from the Federal Government 948,018 Transfers from Other Funds 1,815,672 Fund 241 Revenue Totals 131,514,923 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services 4,787,989 Fines and Forfeitures 170,000 From the Use of Money and Property 8,500 Permits, Privilege Fees,and Regulatory Licenses 55,000 Transfers from Other Funds 68,500 Fund 253 Revenue Totals 5,089,989 254 Waste Management Enterprise Fund Revenue From Local Sources Charges for Services 34,122,980 From the Use of Money and Property 131,500 Miscellaneous Revenue 769,286 Permits, Privilege Fees,and Regulatory Licenses 113,000 Revenue from the Commonwealth Other Sources from the Commonwealth 45,000 Transfers from Other Funds 1,476,000 Fund 254 Revenue Totals 36,657,766 255 Storm Water Utility Enterprise Fund Revenue From Local Sources Charges for Services 41,959,666 From the Use of Money and Property 85,000 Miscellaneous Revenue 60,000 Revenue from the Federal Government 267,597 Transfers from Other Funds 29,873 Fund 255 Revenue Totals 42,402,136 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 72,620 Fund 310 Revenue Totals 72,620 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 311 Bayville Creek Neighborhood Dredging SSD Fund Revenue From Local Sources Real Estate 75,241 Fund 311 Revenue Totals 75,241 312 Shadowlawn Area Dredging SSD Revenue From Local Sources Real Estate 29,056 Fund 312 Revenue Totals 29,056 313 Chesopeian Colony Dredging SSD Revenue From Local Sources Real Estate 209,162 Fund 313 Revenue Totals 209,162 314 Harbour Point Dredging SSD Revenue From Local Sources Real Estate 18,156 Specific Fund Reserves 1,340 Fund 314 Revenue Totals 19,496 315 Gills Cove Dredging SSD Revenue From Local Sources Real Estate 13,886 Specific Fund Reserves 10,909 Fund 315 Revenue Totals 24,795 316 Hurds Cove Dredging SSD Revenue From Local Sources Real Estate 231,221 Fund 316 Revenue Totals 231,221 460 School General Revenue Capital Projects Fund Transfers from Other Funds 500,000 Fund 460 Revenue Totals 500,000 540 General Government Capital Projects Fund Transfers from Other Funds 44,995,309 Fund 540 Revenue Totals 44,995,309 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 12,500,000 Fund 541 Revenue Totals 12,500,000 555 Storm Water Capital Projects Fund Transfers from Other Funds 14,576,510 Fund 555 Revenue Totals 14,576,510 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services 13,705,584 Miscellaneous Revenue 185,000 Fund 606 Revenue Totals 13,890,584 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services 18,082,111 From the Use of Money and Property 40,000 Miscellaneous Revenue 75,000 Fund 607 Revenue Totals 18,197,111 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 4,442,908 Specific Fund Reserves 564,000 Fund 613 Revenue Totals 5,006,908 614 School Risk Management Fund Revenue From Local Sources Charges for Services 6,805,724 Fund 614 Revenue Totals 6,805,724 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 157,467,867 Fund 615 Revenue Totals 157,467,867 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 5,673,574 Specific Fund Reserves 8,306 Fund 616 Revenue Totals 5,681,880 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 3,073,500 From the Use of Money and Property 15,000 Specific Fund Reserves 211,867 Fund 620 Revenue Totals 3,300,367 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services 2,448,434 From the Use of Money and Property 30,425 Specific Fund Reserves 1,070,850 Fund 621 Revenue Totals 3,549,709 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 50,000 Fund 908 Revenue Totals 50,000 910 Parking Meters - Homeless Donation Fund Revenue From Local Sources Miscellaneous Revenue 1,000 Fund 910 Revenue Totals 1,000 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue 55,000 Fund 911 Revenue Totals 55,000 916 Social Services Gift Fund Revenue From Local Sources Miscellaneous Revenue 5,875 Specific Fund Reserves 29,189 Fund 916 Revenue Totals 35,064 Total Budget Revenues 2,809,032,556 Less Internal Service Funds 213,900,150 Less Interfund Transfers 586,051,703 NET BUDGET REVENUES 2,009,080,703 42 Item -V-L.2 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68106 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2019 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR 2 FISCAL YEAR 2019 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 20189 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia,not exempt from taxation and not 8 otherwise provided for in this ordinance, at the rate of one dollar and twenty-five hundredths of a cent ($1.0025) 9 on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been 10 prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such 11 real property,except for public service real property,which shall be on the basis as provided in Section 58.1-2604 of 12 the Code of Virginia. It is the intention of the Council that four cents of the tax rate is dedicated, subject to annual 13 appropriation,to provide funding for the Schools to offset the decrease in State funding through the Local Composite 14 Index and the mnGFeased leeal obligations , „deF the Lone f Duty c4. The Council directs the City Manager in the 15 production of future budgets to provide an analysis of State funding for Schools and the Line of Duty ^e ^at such 16 time as the State restores funding above the following benehma,ks: funding for Schools at above $350M (per 17 annum, net of School Facility Funds); and Line of Duty Act at $0 (peF -,.,.,um) the City Manager will recommend a 18 reduction, in whole or in part, to the four cent ertve Sent tax rate dedication in an amount roughly equal to the 19 increased State funding with a corresponding decrease in the real estate tax rate. 20 21 Sec.2. Amount of Levy on "Certified Storm Water Management Developments and Property," "Certified Solar 22 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental 23 Restoration Sites,"Real Estate Improved by Erosion Controls,and Certain Wetlands and Riparian Buffers. 24 In accordance with Sections 58.1-3660(A),58.1-3660.1,58.1-3661,58.1-3664,58.1-3665 and 58.1-3666 of 25 the Code of Virginia,there shall be levied and collected for general purposes for fiscal year 20189 taxes on all real 26 estate (a) certified by the Department of Environmental Quality as "Certified Storm Water Management 27 Developments and Property," (b) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar 28 Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (c) defined by 29 Code of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (d) improved to control erosion as 30 defined by Code of Virginia § 58.1-3665, or(e) qualifying as wetlands and riparian buffers as described by Code of 31 Virginia§58.1-3666,not exempt from taxation,at a rate of one dollar and twenty-five hundredths of a cent($1.0025) 32 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall 33 be applied on the basis of one hundred percentum of fair market value of such real property except for public service 34 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 35 36 Sec.3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 37 There shall be levied and collected for fiscal year 20189 taxes for the special purpose of providing beach 38 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 39 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100)of assessed 40 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 41 ordinance.For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City 42 Code, or Exemption, or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City 43 Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section 1 of 44 this ordinance.The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of 45 the fair market value of such real property except for public service real property, which shall be on the basis as 46 provided in Section 58.1-2604 of the Code of Virginia. 47 48 Sec.4. Amount of Levy on Real Estate Within the Town Center Special Service District. 49 For the special purpose of operating and maintaining the parking garage and providing enhanced services 50 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 51 additional services authorized by Virginia Code§15.2-2403,there shall be levied and collected for fiscal year 20189 52 taxes on all real estate within the Town Center Special Service District,not exempt from taxation,at the rate of forty- 53 five cents($0.45)on each one hundred dollars($100)of assessed value thereof.This real estate tax rate shall be in 54 addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies for Land Use 55 Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption or Freeze for Elderly and Disabled 56 Persons, pursuant to Division 3 of Chapter 35 of the City Code,this real estate tax rate shall be applied in the same 57 manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate imposed herein 58 shall be applied on the basis of one hundred percentum of the fair market value of such real property, except for 59 public service real property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 60 61 Sec.5. Amount of Levy on"Energy-Efficient Buildings". 62 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, 63 there shall be levied and collected for general purposes for the fiscal year 20189 taxes on all real estate that has 64 been classified as an energy efficient building, not exempt from taxation, at a rate of eighty-five and twenty-five 65 hundredths of a cents($0.8525) on each one hundred dollars of assessed valuation thereof. The real property tax 66 rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 67 property except for public service property,which shall be on the basis as provided in Section 58.1-2604 of the Code 68 of Virginia. 69 70 Sec.6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 71 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, 72 there shall be levied and collected for general purposes for the fiscal year 20199, taxes on buildings that are 73 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is 74 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was 75 listed on the Virginia Landmarks Register at a rate of fifty-three and twenty-five hundredths of a cent($0.5325) on 76 each one hundred dollars of assessed valuation thereof.The real property tax rate imposed in this section shall be 77 applied on the basis of one hundred percentum of fair market value of such real property except for public service 78 property,which shall be on the basis as provided by Section 58.1-2604 of the Code of Virginia. 79 80 Sec.7. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts. 81 There shall be levied and collected for fiscal year 20199 taxes for the special purpose of providing 82 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within each special 83 service district listed below: 84 a. Old Donation Special Service District,not exempt from taxation,at the rate of eighteen and four-tenths 85 cents($0.184)on each one hundred dollars($100)of assessed value thereof. 86 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of forty seven and two- 87 tenths cents($0.472)on each one hundred dollars($100)of assessed value thereof. 88 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and ninety-four 89 hundredths cents($0.1594)on each one hundred dollars($100)of assessed value thereof. 90 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and thirteen 91 hundredths cents($0.2913)on each one hundred dollars($100)of assessed value thereof. 92 e. Harbour Point Special Service District, not exempt from taxation, at the rate of seven and nine-tenths 93 cents($0.079)on each one hundred dollars($100)of assessed value thereof. 94 f. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three-tenths cents 95 ($0.063)on each one hundred dollars($100)of assessed value thereof. 96 g. Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight- 97 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof. 98 99 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. Except 100 as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without 101 reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption or 102 Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of Virginia, section 15.2- 103 2403(6),written consent is required to apply this tax rate to the full assessed value of properties subject to special 104 use value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred 105 percentum (100%)of the fair market value of such real property except for public service real property,which shall 106 be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 107 108 Sec.8 Severability. 109 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 110 shall not affect the validity of the remaining portions of this ordinance. 111 112 Sec.9 Effective Date. 113 The effective date of this ordinance shall be July 1, 201-78. 114 115 Requires an affirmative vote by a majority of all of the members of City Council. 116 117 Adopted by the City Council of the City of Virginia Beach,Virginia on the 15 tdby of May, 2018. 118 119 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Y David Bradley D armeyer Budget and Management Services City Attorney's Office 43 Item -V-L.3 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68107 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2019 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE 3 CALENDAR YEAR 2019 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia,taxes shall be levied and collected for 8 general purposes for the calendar year 20189 on all tangible personal property, including all separate 9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 10 provided for in this ordinance, at the rate of four dollars ($4.00) on each one hundred dollars ($100) assessed 11 valuation thereof. 12 13 Sec.2. Personal Property Tax Relief. 14 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not 15 otherwise exempted from taxation in this ordinance or by law,shall be subject to the following: 16 1. Any qualifying-vehicle with a total assessed value of$1,000 or less will be levied no tax, reflecting 17 a reimbursement of 100%Personal Property Tax Relief Act. 18 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 48.9% 19 49.7%of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the 20 state under the Personal Property Tax Relief Act equal to the remaining 51.1%50.3%of the computed tax on the 21 first$20,000 of assessed value. 22 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 48.9%49.7% of the 23 computed tax based on the first $20,000 of assessed value and 100%of the computed tax based on the assessed 24 value in excess of$20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act 25 equal to the remaining 51.1%50.3%of the computed tax on the first$20,000 of assessed value. 26 27 Sec.3. Amount of Levy on Certain Classifications of Tangible Personal Property 28 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 29 general purposes for the calendar year 20189 on the certain classifications of tangible personal property set forth 30 below at the rate of four dollars($4.00)on each one hundred dollars($100)assessed valuation thereof. 31 a. heavy construction equipment as described in Code of Virginia§58.1-3506(A)(8); 32 b. computer equipment as described in Code of Virginia§58.1-3506(A)(11); 33 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 34 control equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 35 devices and certified recycling equipment,facilities or devices"; 36 d. furniture,office,and maintenance equipment as described in Code of Virginia§58.1-3506(A)(24); 37 e. all tangible personal property employed in a trade or business other than described in subdivisions A 38 1 through A 18,except for subdivision A 17,of§58.1-3503 as described in Code of Virginia§58.1-3506(A)(26); 39 f. programmable computer equipment and peripherals employed in a trade or business ad described in 40 Code of Virginia §58.1-3506(A)(27); 41 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 42 58-1-3506(A)(31); 43 h. forest harvesting and silvicultural activity as described in Code of Virginia §58-1-3506(A)(33); 44 i. equipment used primarily for research, development, production or provision of biotechnology as 45 described in Code of Virginia §58-1-3506(A)(34); 46 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 47 provider and is not licensed by the FCC used to provide,for a fee,wireless broadband internet service as described 48 in Code of Virginia §58-1-3506(A)(37). 49 50 Sec.4. Amount of Levy on Manufactured Homes. 51 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all vehicles 52 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of 53 the Code of Virginia, at the rate of one dollar and twenty-five hundredths of a cent($1.0025)on each one hundred 54 dollars($100)of assessed valuation thereof. Such property declared a separate class of tangible personal property 55 in Section 58.1-3506(A)(10). 56 57 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 58 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all boats or 59 watercraft used for business purposes(both boats weighing less than five (5)tons and boats weighing five(5)tons 60 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on 61 each one hundred dollars($100)of assessed valuation thereof.Such property declared a separate class of tangible 62 personal property in Sections 58.1-3506(A)(35)and(A)(36). 63 64 Sec.6.Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 65 There shall be levied and collected for general purposes for the calendar year 20199 taxes on all boats or 66 watercraft not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or 67 more, except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents($1.50)on each 68 one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 69 personal property in Sections 58.1-3506(A)(1)(a)and(A)(1)(b). 70 71 Sec.7. Amount of Levy on Machinery and Tools. 72 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for 73 general purposes for the calendar year 20199 taxes on machinery and tools, including machinery and tools used 74 directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the 75 rate of one millionth of one cent ($.000001)on each one hundred dollars ($100) of assessed valuation thereof. As 76 provided by Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of 77 machinery and tools: 78 a. all tangible personal property used in research and development businesses,as described in Code of 79 Virginia §58.1-3506(A)(7); 80 b. generating or cogenerating equipment,as described in Code of Virginia§58.1-3506(A)(9);and 81 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 82 used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of 83 Virginia §58.1-3506(A)(25). 84 85 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 86 There shall be levied and collected for general purposes for the calendar year 20199 taxes on all privately 87 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 88 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 89 class of tangible personal property in Sections 58.1-3506(A)(12),(A)(28),and (A)(29). 90 91 Sec.9.Amount of Levy on Privately Owned Camping Trailers,Privately Owned Travel Trailers,and Motor Homes 92 Used for Recreational Purposes Only,and Privately Owned Horse Trailers. 93 There sha►I be levied and collected for general purposes for the calendar year 20199 taxes at the rate of 94 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the 95 following property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the 96 Code of Virginia and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for 97 recreational purposes only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that 98 are designed and used for the transportation of horses, except those trailers described in subdivision (A) (11) of§ 99 58.1-3505 of the Code of Virginia.Such property declared a separate class of tangible personal property in Sections 100 58.1-3506(A)(18)and(A)(30). 101 102 Sec.10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 103 There shall be a reduced tax, levied and collected for general purposes for the calendar year 20199 at the 104 rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) 105 motor vehicle owned and regularly used by a veteran who has either lost,or lost the use of,one or both legs,or an 106 arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of 107 Veterans'Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate 108 established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the 109 veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' 110 Affairs that the veteran has been so designated or classified by the Department of Veterans'Affairs as to meet the 111 requirements of Section 58.1-3506 (A) (19), and that his or her disability is service connected. Such property 112 declared a separate class of tangible personal property in Section 58.1-3506(A)(19). 113 114 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 115 Years of Age or Anyone Found to be Permanently and Totally Disabled. 116 a. In accordance with Sections 58.1-3506.1 et seq.of the Code of Virginia,there shall be a reduced tax, 117 levied and collected for general purposes for calendar year 20199 at the rate of three dollars($3.00)on each one 118 hundred dollars($100.00)of assessed valuation,on one(1)automobile or pickup truck owned and used primarily 119 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,as defined 120 in Section 58.1-3506.3 of the Code of Virginia,subject to the following conditions: 121 1. The total combined income received, excluding the first $7,500 of income, from all sources 122 during calendar year 20167 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 123 ($22,000). 124 2. The owner's net financial worth, including the present value of all equitable interests, as of 125 December 31 of calendar year 20167 excluding the value of the principal residence and the land, not exceeding 126 one(1)acre, upon which it is situated,shall not exceed seventy thousand dollars($70,000). 127 3. All income and net worth limitations shall be computed by aggregating the income and assets, 128 as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of 129 the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of 130 how such motor vehicle may be titled. 131 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over 132 or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been 133 satisfied. 134 135 Sec. 12.Amount of Levy on Computer Equipment and Peripherals Used in a Data Center. 136 There shall be levied and collected for general purposes for the calendar year 2019 taxes on all computer 137 equipment and peripherals used in a data center as authorized in §58.1-3506(A)(43)of the Code of Virginia at the 138 rate of forty cents($0.40)on each one hundred dollars($100)of assessed valuation thereof. 139 140 Sec.U 13.Assessed Value Determination. 141 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 142 sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for 143 the City of Virginia Beach. 144 145 Sec.43 14.Severability. 146 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 147 shall not affect the validity of the remaining portions of this ordinance. 148 149 Sec.-1415. Effective Date. 150 This ordinance shall be effective January 1,20199. 151 152 Requires an affirmative vote by a majority of all of the members of City Council. 153 154 Adopted by the City Council of the City of Virginia Beach,Virginia on the 15 t flay of May,2018. 155 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley na+ta ey4 r Budget and Management Services City Attorney's Office 44 Item-V-L.4 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68108 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to DECLARE as SURPLUS$8-Million offending within the Sandbridge Tax Increment Financing District re FY2017-18 Operating Budget Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO DECLARE $8,000,000 OF FUNDING 2 WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING 3 DISTRICT AS SURPLUS FUNDS IN THE FY 2017-18 OPERATING 4 BUDGET 5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special 6 Service District(Sandbridge SSD),were established to provide a funding source for beach and shoreline restoration 7 and management at Sandbridge; 8 9 WHEREAS,an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding 10 is adequate for long-term beach and shoreline restoration and management along Sandbridge; 11 12 WHEREAS,current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding 13 to meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 16 project;and 17 18 WHEREAS,$8,000,000 is available as an unencumbered appropriation in the FY 20167-1-78 Sandbridge TIF 19 Reserve for Future Commitments. 20 21 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 22 23 That$ 8,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 24 obligations for beach and shoreline restoration and management and is hereby declared surplus. 25 26 BE IT FURTHER ORDAINED:That this ordinance shall be effective on June 30, 2018. 27 28 Adopted by the City Council of the City of Virginia Beach,Virginia,on thel 5 thy of May,2018. 29 30 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Cana H rmeyer Budget and Management Services City Attorney's Office 45 Item-V-L.5 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68109 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED,Resolution to AUTHORIZE the 2019 Employee and Retiree Health Insurance Plans Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 A RESOLUTION REGARDING THE CITY'S 2019 EMPLOYEE AND 2 RETIREE HEALTH INSURANCE PLANS 3 4 WHEREAS,the next Health Insurance Plan Year takes effect January 1, 20189; 5 6 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT 7 8 1. The City Manager or his designee is hereby authorized to work with the Consolidated Benefits Office to 9 implement the current three Health Insurance Plan Offerings of Basic, Standard and Premier to City and 10 School Employees and Retirees for the 2019 Plan Year and all subsequent Plan Years with an employer 11 contribution strategy that is consistent with the current employer contribution strategy and maintains the 12 three plan offerings. : If the number of plan offerings changes or the current employer 13 contribution strategy changes, the City Manager shall present a resolution to the City Council seeking 14 approval of proposed changes. 15 16 a. Implement the plan design ehanges set fGFth in Attach ment A feF plan yea F —17 18 19 b. Establish an empleyeF GORtFibutien StFategy as to pFevide a defined CGHtFibutien te ear-h. tier ef ea 20 ef the thFee plans effeFed, Fesulting on the fellewing menthly defined empleyeF GeAtFibutiensi 21 Employee Only 3 Ret+ree9ny $56:7.68 Employee Plus rt,ild- $743.77- Retiree Plus Chi la $820.94 c, ^� Retiree Plus GhildFeR $1,157.87 Employee Plus Speuse $`904 Ret 84 iree Plus Speuse 9 Cry 5.23� ee Family $1,447.53 22 23 e. A one time Iump sum Health Savings AGrzoe,unt- Pen iin t-he a.m..9unt of$500 will be made fe+ 24 me.m.-he—r-s cheesing te newly eRF011 on the Basic POS plan effective januaFy 1, 2017-8, as well as tG 25 . 26 27 d. Employees hiFed on eF afteF jUly 1,2014, 28 , 29 seFVmee with the City OF SG119916 may elect to Gentinue en a City and SGheel Health IASUFanGe Plan 30 . 31 32 33 34 35 3. The City AuditeF is diFeeted te PFeyide feraR Of FP-tiFee health iRSUFanGe costs biennially 36 37 out Other Rert Employment Benefits. 38 39 40 2. This Resolution shall become effective on January 1, 20199. 41 42 Adopted by the Council of the City of Virginia Beach,Virginia,on the l 5 t h day of May,2018. 43 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Danlo4armeyer Budget and Management Services City Attorney's Office 46 Item -V-L.6 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEU#68110 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S.Department of Housing and Urban Development(HUD) Voting. 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL 2 FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 3 4 WHEREAS, the United States Congress has established legislation designated as the Housing and 5 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 6 goal; and has established additional legislation addressing the goals of reducing homelessness, increasing 7 affordable housing opportunities,and providing housing for people with HIV/AIDS;and 8 9 WHEREAS,there is federal assistance available to help achieve these goals and conduct related activities; 10 and 11 12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia 13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 14 Development and has created the necessary mechanisms for its implementation in compliance with federal and 15 local directives, 16 17 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 18 19 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 20 City, to submit the City's FY 201-78-199 Annual Funding Plan (the "Plan") and amendments thereto, along with 21 understandings and assurances contained therein and such additional information as may be required, to the 22 Department of Housing and Urban Development to permit the review,approval,and funding of the Plan. 23 24 Adopted by the Council of the City of Virginia Beach,Virginia,on the 15 t tdlay of May, 2018. 25 26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana a eykr Budget and Management Services City Attorney's Office 47 Item-V-L.7 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68111 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Code Sections 35-64 and 35-67 re exemption or deferral of Real Estate Taxes for Elderly or Disabled Persons Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 I AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF 2 THE CITY CODE PERTAINING TO THE EXEMPTION OR 3 DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED 4 PERSONS 5 SECTIONS AMENDED:§§35-64 AND 35-67 6 WHEREAS,the City Council has previously directed adjustments to the income component of the tax relief for 7 elderly and disabled persons to be adjusted annually to mirror the average increase or decrease of the value of 8 single family residences. 9 10 NOW,THEEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 13 14 Sec.35-64. General prerequisites to grant;effect of residency in hospital,nursing home,etc. 15 16 (a) Either the exemption or freeze, but not more than one(1), as provided for in this division shall be 17 granted to persons subject to the following provisions: 18 19 (1) The title to the property for which exemption or freeze is claimed is held, or partially held, on 20 June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or 21 freeze and is occupied as the sole dwelling of such person or persons. 22 23 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 24 either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty- 25 five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, 26 however,that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five(65)years 27 of age. 28 29 (3) For the tax exemption programs, the total combined income received from all sources during 30 the preceding calendar year by: (i)the owner or owners of the dwelling who use it as their principal residence and 31 (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed 32 and fifty three five dellaFs (t« :7«` fifty four thousand nine hundred and eighty nine dollars ($54,989) provided 33 that the first ten thousand dollars($10,000.00)of income of each relative,other than a spouse of the owner,who is 34 living in the dwelling, shall not be included in such total: and provided further that the first ten thousand dollars 35 ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be 36 included in such total. 37 38 (4) For the tax freeze program, the total combined income received from all sources during the 39 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) 40 the owner's or owners' relatives who live in the dwelling,shall not exceed 41 seven del!aFs ($70 ,3:7) pFevi seventy one thousand seven hundred and fifty dollars($71.750)that the first ten 42 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the 43 dwelling, shall not be included in such total; and provided that the first ten thousand dollars ($10,000.00) or any 44 portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. 45 46 (5) For the tax exemption programs, the net combined financial worth, including equitable 47 interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners,and of the 48 spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is 49 situated,shall not exceed three hundred and fifty thousand dollars($350,000.00). 50 51 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as 52 of December thirty-first of the year immediately preceding the taxable year,of the owners,and of the spouse of any 53 owner,excluding the value of the dwelling and the land(not exceeding one acre)upon which it is situated,shall not 54 exceed three hundred and fifty thousand dollars($350,000.00). 55 56 57 (7) The dwelling is occupied. 58 . . . . 59 Sec.35-67. Amount of exemption. 60 When a person claiming exemption under this division conforms to the standards and does not exceed 61 the limitations contained in this division,the tax exemption shall be as shown on the following schedule: 62 63 Total income, 64 All Sources Tax Exemption 65 $9.90 $41,022.9A $0.00-41,966.00 100% 66 $41,022.01 $44 205.00 $41,966.01—$45,222.00 80% 67 $44,2055..01 $4r,38800 $45,222.01-$48,478.00 60% 68 $47,388.91 $50,57-1.00 $48,478.01-$51,734.00 40% 69 $50,5571.01 c«�09 $51,734.01-$54,989.00 20% 70 71 No lien shall accrue as a result of the amount certified as exempt. 72 73 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2018. 74 75 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 15 t Way of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley D-ana-Harrrfeyer Budget and Management Services City Attorney's Office 48 Item-V-L.8 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68112 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Code Section 35-159 to EXTEND the Sunset of the Flat Room Rate and REMOVE the Sunset of 0.5%re Tax on Transients Obtaining Lodging Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 35-159 OF THE CITY CODE 2 PERTAINING TO TAX ON TRANSIENTS OBTAINING LODGING TO 3 EXTEND THE SUNSET OF THE FLAT ROOM RATE AND REMOVE THE 4 SUNSET OF 0.5% 5 WHEREAS City Council dedicated 1% of the percentage based tax and $1 of the flat tax on transients 6 obtaining lodging to the Tourism Advertising Program(TAP);and 7 8 WHERAS City Council dedicated 5%of the percentage based tax and$1 of the flat tax on transients obtaining 9 lodging to the Tourism Investment Program (TIP);and 10 11 WHERAS City Council dedicated $500,000 of the taxes on transients obtaining lodging to the Central 12 Business District Tax Increment Financing District;and 13 14 WHERAS the balance of all revenue generated by the taxes on transients obtaining lodging are retained by 15 the General Fund. 16 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 18 19 That Section 35-159 of the Code of the City of Virginia Beach is hereby amended and reordained to read as 20 follows: 21 22 Sec.35-159.Levied;amount. 23 24 (a) There is hereby levied and imposed on each transient a tax equivalent to eight(8) percent of the 25 total amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of 26 two-dollars ($2.00)for each night of lodging at any lodging place other than a campground.The 27 percentage-based portion of the tax rate shall be reduced by one half(0.5)^^«^^*an 'uly 1,2018 28 and fuFtheF Feduced by an additional two and one-half(2.5)percent on June 30, 2027. One dollar 29 ($1.00)of the flat tax dedicated to the Tourism Advertisinp,Program shall remain in effect through 30 June 30, 2018 2023, and the remaining one dollar ($1.00) dedicated to the Tourism Investment 31 Program shall be in effect through December 31, 2021. 32 (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service 33 District (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to one and 34 one-half percent of the total amount paid for lodging within the district, by or for any such 35 transient to any lodging place,excluding hotels, motels and travel campgrounds. 36 37 BE IT FURTHER ORDAINED:That this ordinance shall become effective as of the date of adoption. 38 39 Adopted by the Council of the City of Virginia Beach,Virginia,on the 15 t 4h day of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana afineye Budget and Management Services City Attorney's Office 49 Item-V-L.9 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68113 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to to further DESCRIBE the uses of the Agriculture Reserve Program (ARP)Special Revenue Fund Voting.• 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO FURTHER DESCRIBE THE USES OF THE 2 AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND 3 WHEREAS, the City Council has periodically dedicated revenues to targeted programs, and such revenue 4 dedications are subject to appropriation of funds by the Council;and 5 6 WHEREAS, on May 9, 1995 the City Council adopted the Agricultural Lands Preservation Ordinance, 7 establishing the Agricultural Reserve Program ("ARP")for the preservation of agricultural lands within the City,and 8 the City Council initially dedicated One and one-half cent of the real estate tax for purposes of funding the ARP;and 9 10 WHEREAS, on May 11, 2004 the City Council lowered the amount of real estate tax dedicated to the ARP 11 from one and one-half cent($0.015)to one cent($0.01);and 12 13 WHEREAS, on May 9, 2006, the City Council lowered the amount of real estate tax dedicated to the ARP 14 from one cent($0.01)to nine tenths of one cent($0.009);and 15 16 WHEREAS,On May 12, 2015 the City Council adopted an ordinance that lowered the amount of real estate 17 tax dedicated to the ARP from nine tenths of one-cent($0.009)to fifty-six hundredths of one-cent($0.0056);and 18 19 WHEREAS, on May 9, 2017 the City Council increased the amount of real estate tax dedicated to the ARP 20 from fifty-six hundredths of one-cent($0.0056)to nine tenths of one cent($0.009); 21 22 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 23 That City Council hereby establishes the purposes and uses of funding in the Agricultural Reserve Program 24 Special Revenue Fund to include the following: 25 a. The continued payment of interest upon existing installment purchase agreements and the FTEs and 26 operating expenditures supporting this function; 27 b. The entry of new installment purchase agreements (purchase of Treasury STRIPS and interest 28 payments)with an anticipated addition of 300 acres per year; 29 c. Paygo funding of storm water capital projects that benefit the southern portion of the City such as CIP 30 7-024, "Southern Canal/Lead Ditch and Culvert Improvements;" 31 d. A one-time use of ARP Special Revenue Fund fund balance for CIP 7-047, "Ashville Park Drainage 32 Improvements." 33 34 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1, 2018. 35 36 Adopted by the Council of the City of Virginia Beach,Virginia,on the 15 t Yday of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �? '" "I David Bradley Dana H meyer Budget and Management Services City Attorney's Office 50 Item-V-L.10 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68114 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Code Section 8-31 re Building Permits and Plan Review Fees Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 8-31 OF THE 2 CITY CODE PROVISIONS PERTAINING TO FEES 3 FOR BUILDING PERMITS AND PLAN REVIEW 4 5 Section Amended: City Code § 8-31 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 8-31 is hereby amended to the Code of the City of Virginia Beach, 11 Virginia to read as follows: 12 13 Sec. 8-31. - Permit fees—Building permits. 14 15 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any 16 building or structure as defined in the Virginia Uniform Statewide Building Code 17 without first obtaining a building permit therefor and paying the permit fees set forth 18 in this section. 19 20 (b) The minimum fee for any building permit shall be thirty dollars ($30.00). There shall 21 be a fee in the amount of one hundred dollars ($100.00) for the modification of an 22 existing permit. 23 24 (c) For the construction of any building or addition thereto where the floor area is 25 increased and for the installation or erection of any industrialized building unit, the fee 26 shall be based on the floor area to be constructed, as computed from exterior building 27 dimensions at each floor, as follows: 28 29 . . . . 30 31 32 (14)Administrative fee: If any construction, alteration, repair, or other work 33 requiring a permit under this article is commenced before a permit is secured 34 and fee paid for same, an administrative fee of two hundred fifty dollars 35 ($250.00) shall be added to the fee due. Payment of such administrative fee 36 shall not in any way relieve the violator of any criminal prosecution. 37 38 14.1) There shall be a fee of fifty dollars ($50.00) for the waiver of formal site plan 39 review. 40 41 (14.2) There shall be a fee of twenty five dollars ($25.00)for an Asbestos Removal 42 Permit. 43 44 (14.3) There shall be a fee of twenty five dollars ($25.00) for a code verification 45 letter. 46 47 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars 48 ($30.00). 49 50 (16) Reinspection fee: There shall be a minimum of seventy-five dollars ($75.00) 51 additional fee charged for each reinspection. 52 53 (16.1) DFU pre-inspection fee: There shall be a fifty dollar ($50.00) fee for pre- 54 inspections for DFU disconnections. 55 56 (17) Appeal: The fee for submitting an appeal to the board of building code 57 appeals shall be two hundred fifty dollars ($250.00). Such fee shall be paid 58 by the appellant. 59 60 (17.1) There shall be a review fee of four hundred dollars ($400.00) for review of 61 special uses or occupancy. 62 63 (18) Change of use/certificate of occupancy for existing structure(s): 64 65 a. The minimum fee for the inspection of any new construction or existing 66 structure requested by the permit holder shall be seventy-five dollars 67 ($75.00) for each inspection. 68 69 b. The minimum fee associated with a change of use or request for a 70 certificate of occupancy for an existing structure or structures on the 71 same property shall be seventy-five dollars ($75.00). 72 73 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars 74 ($50.00) paid at the time of application. If the application is approved, the 75 septic tank permit shall be issued with no additional fee. 76 77 (20) There shall also be a review fee in the amount of eee two hundred fa#-y dollars 78 ($450.00 200.00) for review of commercial plans. There shall be a review fee 79 for a minor commercial plan of one hundred dollars ($100.00). 80 81 (20.1) There shall be a review fee in the amount of fifty dollars ($50.00) for review 82 of commercial plans at the counter. 83 84 (20.2) There shall be a review fee in the amount of one hundred ($100.00) for 85 review of any revision of a commercial plan. 86 87 (21) There shall also be a review fee in the amount of seventy fide one hundred 88 dollars ($75.00 100.00) for review of residential plans. 89 90 (21 .1) There shall be a review fee in the amount of twenty five dollars ($25.00) for 91 review of residential plans at the counter. 92 2 93 (21.2) There shall be a review fee in the amount of twenty five dollars ($25.00) for 94 any revision to a residential plan. 95 96 (22) There shall also be a review fee in the amount of seventy five dollars ($75.00) 97 for review of fire plans. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of 100 May , 2018. 101 102 This Ordinance shall be effective July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pla ni g Department City Attorney's Office CA14284 R-2 March 1, 2018 3 51 Item-V-L.11 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68115 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Code Sections 6-138 and 6-152.5 re Waterfront Construction and Dredging Fees Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTIONS 6-138 AND 2 6-152.5 OF THE CITY CODE PERTAINING TO FEES 3 FOR WATERFRONT CONSTRUCTION AND 4 DREDGING 5 6 Sections Amended: City Code §§ 6-138 and 6-152.5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 6-138 and 6-152.5 of the City Code are hereby amended to read as 12 follows: 13 14 ARTICLE VI. - PERMIT TO CONSTRUCT, ALTER OR REPAIR LANDINGS, DOCKS 15 AND SIMILAR STRUCTURES 16 . . . . 17 18 Sec. 6-138. - Fee. 19 20 The application processing fee for a permit required by this article shall be GRe two 21 hundred thirty dollars ($4-00230.00). The fee for a building permit required by this article 22 shall be based on the cost of the construction as provided in section 8-31(a) of the City 23 Code. 24 . . . . 25 26 ARTICLE VII. - PERMIT FOR DREDGING, FILLING, ETC., IN WATERS, 27 MARSHLANDS AND LOWLANDS 28 . . . . 29 30 Sec. 6-152.5. - Fee. 31 32 The fee for a permit required by this article shall be one two hundred thirty dollars 33 ($4-00230.00). 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 th day of 36 May ' 2018. 37 38 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA1428/R-2/March 1, 2018 52 Item-V-L.12 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68116 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND Floodplain Ordinance Section 6.3 of Appendix K re Variance Fee Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 6.3 OF 2 APPENDIX K, FLOODPLAIN ORDINANCE 3 PERTAINING TO THE FEE FOR A VARIANCE 4 5 Section Amended: Floodplain Ordinance § 6.3 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 6.3 of Appendix K, the Floodplain Ordinance is hereby amended to 15 read as follows: 16 17 Sec. 6.3. - Application process. 18 A. Applications for variances from the requirements of this ordinance shall be made 19 to the city council and filed with the director of planning. The fee for such 20 applications shall be six hundred fifty dollars ($650.00). Such fee shall include all 21 costs of notifications and advertising. Except in cases in which such fee is waived, 22 the director shall not accept any application not accompanied by payment of the 23 required fee. The procedure for the advertising, hearing and determination of 24 applications for floodplain variances shall be in accordance with the requirements 25 pertaining to applications for subdivision variances, as set forth in section 9.4 of 26 the subdivision ordinance. In cases in which a variance application is filed by 27 reason of a natural disaster that is the subject of a federal declaration of 28 emergency, application and associated advertising fees shall be waived and such 29 application shall be given expedited processing to the maximum practical extent. 30 . . . . 31 This Ordinance shall be effective on July 1, 2018. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of 33 May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Planning Department City Attorney's Office CA14289/R-2/March 1, 2018 53 Item-V-L.13 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68117 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND Chesapeake Bay Preservation Area (CBPA) Ordinance Section 110 of Appendix F re Variance Fee Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 1 S, 2018 1 AN ORDINANCE TO AMEND SECTION 110 OF APPENDIX 2 F, CHESAPEAKE BAY PRESERVATION AREA 3 ORDINANCE PERTAINING TO THE FEE FOR A VARIANCE 4 5 Section Amended: Appendix F, Chesapeake Bay 6 Preservation Area Ordinance § 110 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 110 of Appendix F, the Chesapeake Bay Preservation Area 16 Ordinance is hereby amended to read as follows: 17 18 Sec. 110. - Variances. 19 . . . . 20 (C) Board variances. The City Manager shall review any other application for a 21 variance and the water quality impact assessment and provide the Board with an 22 evaluation of the potential impacts of the proposed variance and such other 23 information as may aid the Board in considering the application. No such application 24 shall be accepted by the City Manager unless accompanied by a nonrefundable fee 25 in the amount of three four hundred fibdollars ($399450.00). Such fee shall include 26 all costs of notification and advertising. The City Manager shall transmit the 27 application and supporting information and evaluation to the members of the Board 28 and the applicant no less than five (5) days prior to the scheduled hearing on such 29 application. 30 . . . . 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of 32 May , 2018. 33 34 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PI nning Department City Attorney's Office CA14290/R-2/March 1, 2018 54 Item -V-L.14 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68118 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND the City Code Section 2-83 re Flexible Holidays Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FLEXIBLE 2 HOLIDAYS 3 SECTION AMENDED: §2-83 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 1. That Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended and 7 reordained to read as follows: 8 9 Sec.2-83. Holidays. 10 11 (a) The following days are designated as full-paid "holidays" and shall be so observed by the city. All 12 permanent and probational merit employees shall be covered by the provisions of this section. 13 14 ... 15 16 (11) Tnwe-(2) Three 3 flexible personal holidays (to be taken as a personal, national, religious or other 17 holiday the city does not observe). Part-time employees shall not be eligible for these holidays. 18 19 ... 20 21 (d) Employees who have been in a nonpay status for more than fourteen (14) days prior to any holiday 22 shall not be eligible for compensation for holidays(1)through(10)listed in paragraph(a)above.++i additien 23 24 PeFied ef theiF biFthday as a paid heliday.This day eaRRet be aers.pueedd as annual leave. Any empleyee 25 takiRg the biFthday heliday shall Ret be eligible f9F eyeFtime EW G9FRPeR5at9Fy tiFne f9F Rat deiRg s9. 26 27 2. The effective date of this ordinance is January 1,2019. Adopted by the City Council of the City of Virginia Beach,Virginia on the 15 t hday of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley D m yer Budget and Management Services City Attorney's Office 55 Item-V-L.15 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68119 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND the City Code Section 2-83 re Designate Christmas Eve a City Holiday Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CITY 2 HOLIDAYS TO MAKE CHRISTMAS EVE A HOLIDAY 3 SECTION AMENDED: §2-83 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 1. That Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended and 7 reordained to read as follows: 8 9 Sec.2-83. Holidays. 10 11 (a)The following days are designated as full-paid "holidays"and shall be so observed by the city.All 12 permanent and probational merit employees shall be covered by the provisions of this section. 13 ... 14 (9)The twenty-fourth day of December(Christmas Eve). 15 (94 LLOIThe twenty-fifth day of December(Christmas Day). 16 49� 11 , except 17 wheR GhFistmas Eve falls en a FFiday, 18 .... 19 20 If any holiday enumerated in(1)through (910) above falls on a Saturday or Sunday,the city manager shall 21 determine when the holiday will be observed and shall so notify affected employees and the public at least 22 thirty(30)days prior to the holiday.If no such notice is provided by the city manager,then when any holiday 23 enumerated in (1)through (910)above falls on a Saturday,the Friday next preceding such a day shall be a 24 holiday,and when any holiday enumerated in (1)through (910)above falls on a Sunday,the Monday next 25 following such day shall be a holiday. 26 27 28 29 (d) Employees who have been in a nonpay status for more than fourteen (14) days prior to any holiday 30 shall not be eligible for compensation for holidays(1)through(101)listed in paragraph(a)above.In addition 31 to the above holidays, employees with ten (10)years or more tenure shall receive a day off during the pay 32 period of their birthday as a paid holiday.This day cannot be accrued as annual leave. Any employee not 33 taking the birthday holiday shall not be eligible for overtime or compensatory time for not doing so. 34 35 2. The effective date of this ordinance is July 1,2018. Adopted by the City Council of the City of Virginia Beach,Virginia on the 15 t hday of May,2018. APPROVED AS TO CONTENT: APP AS TO LEGAL SUFFICIENCY: David Bradley Dana_karKeyer Budget and Management Services City Attorney's Office 56 Item-V-L.16 ORDINANCES TO SUPPORT THE OPERATING BUDGET ITEM#68120 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND the City Code Section 32.5-2 re Equivalent Residential Unit(ERL9 Fee Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 EQUIVALENT RESIDENTIAL UNIT(ERU) FEE 3 SECTION AMENDED: §32.5-2 4 WHEREAS, City Council held public a hearing on the proposed fee increase to provide for public 5 comment; 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 8 9 That Section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 10 to read as follows: 11 12 Sec.32.5-2. Definitions. 13 The following words and terms used in this section shall have the following meanings: 14 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family 15 residential developed property per dwelling unit located within the city based on the statistical 16 average horizontal impervious area of a single-family residence in the city. An equivalent 17 residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) square feet of 18 impervious surface area. 19 (b) ERU rate means the utility fee charged on an equivalent residential unit,which shall be forty-five 20 and eight-tenth cents ($0.458) per day, effective July 1, 2017; forty-eight and three-tenth cents 21 ($0.483) per day, effective July 1, 20189 fifty and eight-tenth cents ($0.508) per day, effective 22 July 1, 2019 00" fifty-three and three-tenth cents ($0.533) per day, effective July 1, 20201, and 23 fifty-five and eight-tenth cents($0.558)per day,effective July 1, 20212. 24 . . . . 25 26 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1, 2018. 27 28 Adopted by the Council of the City of Virginia Beach,Virginia, on thisl 5 t&y of May, 2018. 29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana armeyer Budget and Management Services City Attorney's Office 57 Item-V-L.I ORDINANCES TO SUPPORT THE CAPITAL BUDGET ITEM#68121 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to ADOPT the FY 2019IFY 2024 Capital Improvement Program (CIP)and APPROPRLITE $394,745,267 for the FY 2019 Capital Budget, subject to funds being provided from various sources set forth herein Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 1 S, 2018 1 AN ORDINANCE TO ADOPT THE FY 2019/FY 2024 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $394,74S,267 FOR 3 THE FY 2019 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS,the City Manager,on March 27,2018,presented to City Council the Capital Improvement Program for fiscal 6 years 2019 through 2024; 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 11 Improvement Program;and 12 13 WHEREAS,it is necessary to appropriate funds for both existing projects and projects beginning in the 2019 fiscal year, 14 as set forth in said Capital Improvement Program. 15 16 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 17 18 Section 1. That the Capital Improvement Program,as modified,for the construction of,or addition to,capital facilities 19 identified for fiscal years 2019 through 2024 is hereby adopted,and the projects listed therein are hereby approved as capital 20 projects. 21 22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until 23 funds are so provided,the projects are for planning purposes only and may be deleted,altered,or rescheduled in any manner 24 at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating$394,745,267 for capital projects in the Capital Budget for the 2019 27 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the 28 conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A —Capital Budget 29 Appropriations,"a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code,financing sources in support of the Capital Budget 32 for the 2019 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B— 33 Financing Sources." 34 35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital 36 Improvement Program and reallocated as identified in "Attachment C—Transfers,"a copy of which is attached hereto. 37 38 Section 6. That reductions in financing sources in support of the Capital Budget for the 2019 fiscal year as set forth in 39 said Capital Improvement Program are attached to this ordinance as"Attachment D—Changes in Financing Sources." 40 41 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be 42 initiated except with the consent and approval of the City Council first being obtained.An appropriation for a project in the 43 Capital Improvement Program shall continue in force,and,to the extent required by law,re-appropriated for use in FY 2018- 44 19 until the purpose for which it was made has been accomplished or abandoned. 45 46 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, 47 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. 48 49 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the 50 Director of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to 51 $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to 52 the City Council of all transfers between$25,000 and$100,000. The City Manager or the Director of Budget and Management 53 Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best management 54 practices, reporting requirements and the Capital Improvement Program adopted by the City Council. 55 56 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 58 mean water and sewer projects having the same name or project scope and description with the exception of"water" or 59 "sewer" being in the title and/or project scope and description. 60 61 Section 11. That the City Manager or the Director of Budget and Management Services is hereby authorized to change, 62 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects 63 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 64 realized revenues. If the financing sources in support of capital projects decline,the City Manager or the Director of Budget 65 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue, 66 those appropriations to equal the changed financing source.The City Manager must give prior notice to the City Council of 67 any reductions to total appropriations exceeding$100,000. The notice to City Council shall identify the basis and amount of 68 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 69 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 " 72 „ •ght „ 73 Public Facility Revenue Bonds to GeneFal Fund Fund Balanee fOF the close out ef all expenditWeS Felated te light rail that 74 9CC;UFFed within these pFejeets� 75 76 Section 12. That the funding source for an appropriation of $1,223,898 to CIP #9-017 "Arena Infrastructure 77 Development-Off Site" and an appropriation of $35,800 to CIP #9-015 "Arena Infrastructure Development-On Site", are 78 hereby changed from Public Facility Revenue Bonds to Tourism Investment Program Fund Fund Balance for the close-out of 79 all expenditures related to the Arena project that occurred within these projects. 80 81 Section 13. That $40,000 of appropriated state contribution funding for CIP #7-414 "Storm Water Quality 82 Enhancements- II" is hereby changed to federal contribution, and an amount of$50,000 is programmed for FY19-20 in CIP 83 #9-008 Historic Kempsville. 84 85 Section 14. That the proiect pages for#2-138"Atlantice Avenue Reconfiguration" and 7-047"Asvhille Park Drainage 86 Improvements Phase I,"as provided in the Reconciliation Letter and amendments made thereto and attached to the Agenda 87 Item for the FY18-19 Resource Management Plan,are incorporated herein. 88 89 Section 14 15. That the Capital Improvement Program debt management policies contained and included in the 90 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 91 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, 92 such information to be included in the Resource Management Plan submittal. The City Manager may propose modifications 93 to those policies and guidelines through the Resource Management Plan. 94 95 Section -14 16. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 96 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 97 98 Section 14 17. Attachment B of this Ordinance includes$139,623,773 of funding using Public Facility Revenue Bonds 99 ("PFRB Financing"). "Attachment E — Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated, 100 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 2019. Without changing 101 the amount of total PFRB Funding authorized by this Ordinance,the Director of Finance is authorized to adjust the allocations 102 and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is retained. 103 104 Section•16 18. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 105 person or persons responsible for the capital project in which the violation occurred. 106 107 Section 14 19. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid,such 108 decision shall not affect the validity of the remaining portions of this ordinance. 109 110 Section U 20. That this ordinance shall be in effect from the date of its adoption; however,appropriations for the FY 111 2019 Capital Budget shall be effective on July 1,2018. 112 113 Requires an affirmative vote of the majority of City Council 114 115 116 Adopted by the Council of the City of Virginia Beach,Virginia,on the 15 tdlay of May,2018. 117 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana meyer Budget and Management Services City Attorney's Office City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Buildings and Assets 3028000 Aquarium Marsh Pavilion Enhancements 1,365,680 3056000 Public Safety Equipment Replacement Project 1,200,000 3071000 VA Beach Public Library Transformation 2,014,714 3072000 City Hall Replacement 47,500,000 3074000 Aquarium Marsh Pavilion Phase II Aquarium Veterinary Care Center 10,637,869 3075000 Fire/EMS Station Burton Station 764,693 3115000 Judicial Center Maintenance 70,000 3132000 Heritage Building Maintenance II 625,000 3135000 Fire Apparatus IV 4,410,975 3140000 Energy Performance Contracts(City) 550,000 3141000 Various Buildings HVAC Rehabilitation&Renewal IV 653,972 3146000 VA Aquarium Bldg Systems&Facility Infrastructure 1,434,540 3149000 Various Buildings Rehabilitation and Renewal IV 3,000,000 3153000 Various Site Acquisitions III 1,343,644 3154000 Fire Training Center Improvements IV 1,038,155 3155000 Virginia Aquarium Renewal and Replacement III 600,000 3157000 Facilities Planning Services 200,000 3159000 EMS Headquarters Generator 801,728 3161000 Aquarium Seal Exhibit 500,000 3162000 Veterans Memorial Sustainment 250,000 3506000 Fire Facility Rehabilitation and Renewal III 500,000 3508000 ARC Flash Mitigation 700,000 3510000 Intermediate Care Facilities Renewal/Replacement 120,627 3518000 Convention Center Capital Maintenance 343,560 Total Buildings and Assets Projects 80,625,157 Coastal 8011000 Various Minor Dredging Projects II 375,000 8013000 Lynnhaven Inlet Maintenance Dredging II 350,000 8015000 Beach Profile Monitoring Program II 110,000 8020000 Bay Beaches Resiliency Study and Restoration 2,000,000 8024000 Pleasure House Point Mitigation Funds 115,000 8025000 Beach Replenishment II 2,250,000 8026000 Sandbridge Beach Restoration III 6,050,000 8405000 Sandbridge Beach Access Improvements II 300,000 8406000 Rudee Inlet Federal Dredging II 425,000 8407000 Rudee Inlet Outer Channel Maintenance Dredging II 700,000 Total Coastal Projects 12,675,000 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Economic and Tourism Development 9006000 Winston-Salem Avenue Improvements 3,202,084 9008000 Historic Kempsville 2,000,000 9020000 ViBe District Street Infrastructure Improvements 4,749,450 9028000 Lynnhaven Parkway Corridor Improvements 2,000,000 9030000 VA BEACH BIO Infrastructure 1 2,880,188 9041000 Virginia Beach Sports Center 54,000,000 9045000 Central Beach and Convention Districts Parking 7,000,000 9047000 Town Center Reinvestment 150,000 9050000 Dome Site Streetscape 3,000,000 9053000 Dome Site Entertainment Venue 5,000,000 9055000 Town Center Garage and Plaza Capital Maintenance II 352,726 9056000 Oceanfront Parking Facilities Capital Maintenance/Development II 762,101 9059000 Oceana&ITA Conformity&Acquisition II 731,522 9081000 Strategic Growth Area Projects 200,000 9096000 Oceanfront Capital Projects Reinvestment 600,000 9141000 Economic Development Investment Program(On-Going) 2,476,760 9276000 Cape Henry Lighthouse Restoration II 150,000 9500000 Virginia Beach Amphitheater Capital Maintenance 410,000 Total Economic and Tourism Development Projects 89,664,831 Information Technology 3652000 CIT-Telecommunications Replacement II 100,000 3663000 CIT-Enterprise Scheduling and Timekeeping System 413,863 3664000 CIT-Next Generation Network 1,250,000 3683000 CIT-Maintain and Secure Corporate Data 230,000 3690000 CIT-Enterprise Customer Relationship Management System 608,166 3693000 CIT-IT Service Continuity II 1,000,000 3695000 CIT-21ST Century Enterprise Resource Planning(ERP)System 2,830,177 3697000 CIT-City Software Upgrade/Replacement Plan 1,805,900 3700000 CIT-Fire Asset Management System 518,827 3703000 CIT-Police Special Investigations Video Storage 926,248 3714000 CIT-Network Infrastructure Replacement III 2,163,070 3715000 CIT-Cable Access Infrastructure Replacement 11 315,000 3717000 CIT-Accela Sustainment 350,000 3718000 CIT-Police Radio Encryption 400,000 3719000 CIT-Communications Infrastructure Replacement III 1,233,777 Total Information Technology Projects 14,145,028 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Parks and Recreation 4044000 Lynnhaven Marina Bulkhead Replacement&Facility Renovation 250,000 4064000 City Bikeways and Trails Plan Implementation II 475,000 4079000 Thalia Creek Greenway 1 300,000 4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno 1 726,135 4300000 Community Recreation Centers Repairs and Renovations III 2,000,000 4301000 Parks and Special Use Facilities Development/Reno III 1,650,660 4302000 Golf Courses Contractual Obligations-Maintenance 1 120,000 4303000 Greenways,Scenic Waterways and Natural Areas III 250,000 4305000 Tennis Court Renovations III 300,000 4306000 Open Space&Park Infrastructure Development&Maintenance II 2,500,000 4307000 Athletic Fields Lighting and Renovations III 275,000 4500000 Park Playground Renovations III 400,000 4517000 Stumpy Lake Golf Course Contractual Obligations 1 11,238 4519000 Bikeways/Trails Repairs and Renovations 1 280,000 Total Parks and Recreation Projects 9,538,033 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects IFY 2018-19 Roadways 2022000 Major Bridge Rehabilitation II 1,160,000 2024000 Rural Road Improvements II 250,000 2025000 Witchduck Road Phase II 3,021,328 2026000 Street Reconstruction II 2,150,000 2027000 Various Cost Participation Projects II 25,000 2028000 Wetlands Mitigation Banking II 100,000 2038000 Rosemont Road Phase V 2,000,000 2040000 Laskin Road Bridge Replacement(VDOT) 10,907,302 2050000 Landstown Road Improvements Phase 1 1,547,583 2072000 First Colonial Rd&VA. Beach Blvd. Intersection Imp. 3,000,000 2088000 West Neck Road Phase IV 1,840,690 2094000 Bus Stop Infrastructure and Accessibility Improvements 250,000 2111000 Traffic Safety Improvements IV 1,402,161 2125000 Indian River Road Phase VII-B 860,000 2126000 Laskin Road Phase I-A(VDOT) 7,000,108 2127000 1-264/Independence Interchange Improvements 250,000 2131000 Pungo Ferry Bridge Rehabilitation 3,900,000 2152000 Elbow Road Extended Phase II-B 4,641,558 2154000 General Booth Boulevard/Camp Pendleton Intersection Improvements 350,000 2160000 Citywide Street Lighting Improvements 11 160,000 2165000 Laskin Road Phase II 101,083 2195000 Princess Anne Road Phase VI 1,754,457 2409000 Centerville Turnpike Phase II 5,256,552 2410000 Traffic Signal Rehabilitation 11 150,000 2414000 Shipps Corner Road Improvements 304,358 2416000 Sandbridge Road Bridge Replacement 2,992,664 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 755,879 2419000 Centerville Turnpike Phase III 954,037 2501000 Nimmo Parkway Phase II-A 2,657,944 Total Roadways Projects 59,742,704 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Schools 1003000 Renovation and Replacement Energy Management/Sustainability 2,000,000 1004000 Tennis Court Renovations-Phase II 200,000 1043000 Thoroughgood Elementary School Replacement 6,081,241 1056000 Princess Anne Middle School Replacement 14,834,759 1110000 Energy Performance Contracts-Phase II 5,000,000 1178000 Renovations and Replacements-Grounds III 1,325,000 1179000 Renovations and Replacements-HVAC III 5,650,000 1180000 Renovations and Replacements-Reroofing III 4,200,000 1182000 Renovations and Replacements-Various III 1,850,000 1184000 Plaza Annex/Laskin Road Office Addition 6,070,000 1185000 Elementary School Playground Equipment Replacement 250,000 Total Schools Projects 47,461,000 Sewer Utility 6041000 Pump Station Modifications V 2,840,000 6051000 Indian River Rd.Sewer Improvements Phase VII(VDOT) 15,000 6058000 Royal Palm Arch Sanitary Sewer Rehabilitation 5,200,000 6070000 Infiltration, Inflow,and Rehabilitation V 1,000,000 6075000 Laskin Road Sewer Improvements Phase I(VDOT) 800,000 6088000 Cleveland Street Sewer Improvements 500,000 6091000 Sewer Requests&Agreements VI 51%Program 50,000 6099000 Arrowhead Susquehanna Sanitary Sewer Rehabilitation Ph III 200,000 6107000 Sewer Pump Repairs and Replacements 400,000 6110000 Sanitary Sewer Regulatory Compliance Program II 1,760,000 6122000 Service Order Automation Phase 11 50,000 6151000 Landstown Yard Improvements IV 265,000 6405000 Customer Information System Version Migration 150,000 6501000 Auxiliary Power Program-Sewer Pump Stations Phase III 1,000,000 6552000 Sanitary Sewer System Revitalization Program II 2,300,000 6556000 Various Roadway/Storm Water Coordination VI 500,000 6601000 First Colonial Rd/VA Beach Blvd Intersection Improvements 1,250,000 6952000 Sewer Pump Station Flow Monitoring&Data Storage 1,000,000 6953000 Sewer Tap Installation Program II 375,000 Total Sewer Utility Projects 19,655,000 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Storm Water 7005000 North Lake Holly Watershed 1,200,000 7023000 Primary System Infrastructure Improvements II 2,270,000 7024000 Southern Canal/Lead Ditch and Culvert Improvements 1,390,000 7026000 Residential Drainage Cost Participation Program II 50,000 7027000 SWM Master Planning,Analysis,and Inventory 1,700,000 7028000 Windsor Woods Drainage 1,500,000 7041000 Central Resort District Drainage Improvements 500,000 7042000 Surface Water Regulatory Compliance Program 2,400,000 7043000 Water Quality and Restoration Participation Projects II 50,000 7047000 Ashville Park Drainage Improvements Phase 1 6,000,000 7048000 Sherwood Lakes Drainage Improvements 2,000,000 7050000 Princess Anne Plaza Drainage Area 3,000,000 7053000 Lake Bradford/Lake Chubb 1,084,100 7054000 Lynnhaven River Watershed-II 1,759,068 7055000 Canal Management Phase 1 500,000 7151000 Eastern Shore Drive Drainage Phase 1 4,200,000 7406000 Elizabeth River TMDL Implementation Plan 1,100,000 7410000 Southern Rivers TMDL Implementation Plan 400,000 7411000 Oceanfront Storm Water Facilities Maintenance 2,650,000 7412000 Storm Water Pump Station Modifications 1,250,000 7413000 Neighborhood SW Infrastructure Improvements II 550,000 7414000 Storm Water Quality Enhancements-II 2,902,694 7415000 Lake Management II 4,947,652 7416000 SW Infrastructure Rehabilitation&Improvements II 4,750,000 Total Storm Water Projects 48,153,514 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Water Utility 5010000 Lake Gaston Raw Water Transmission System Rehabilitation 1 1,680,000 5014000 Water Pump Repairs and Replacements 250,000 5020000 Cleveland Street Water Improvements 500,000 5023000 Great Neck Water Tank Replacement 2,200,000 5030000 Shore Drive Water Line Improvements Phase III(VDOT) 3,000,000 5033000 Water Transmission System Upgrade Program II 1,320,000 5122000 Service Order Automation-Phase II 50,000 5149000 Indian River Road Water Improvements Phase VII(VDOT) 85,000 5151000 Landstown Yard Improvements Phase IV 250,000 5207000 Laskin Road Water Improvements Phase I (VDOT) 700,000 5251000 Various Roadway&Storm Water Coordination VI 800,000 5254000 Water Requests&Agreements VI 51%Program 50,000 5260000 Utility Crossings Program II 350,000 5405000 Customer Information System Version Migration 150,000 5601000 First Colonial Rd/VA Beach Blvd Intersection Improvements 950,000 5708000 Resort Area Neighborhood Revitalization 450,000 5953000 Water Tap Installation Program II 300,000 Total Water Utility Projects 13,085,000 Total Capital Budget 394,745,267 City of Virginia Beach,Virginia Attachment B—Financing Sources Capital Budget Financing Sources FY 2018-19 Federal Contribution 9,289,406 Franchise Fees 315,000 Fund Balance-General Fund 27,927,320 Fund Balance-Other 2,750,000 General Appropriations 51,721,819 General Obligation Bonds 76,073,608 Insurance Recovery 412,101 Lease of Properties(BRAC) 167,595 Lease of Property 98,172 Medicaid Cost Settlement 120,627 Miscellaneous Funding 96,550 Parking Enterprise Fund 350,000 Private Contribution 928,150 Public Facility Bonds 139,623,773 Retained Earnings-Telecommunications 100,000 Retained Earnings-Water and Sewer Fund 20,240,000 Sale of Property 6,263,009 State Contribution 7,691,133 Storm Water Utility Bonds 30,077,004 Storm Water Utility Fund 8,000,000 Water and Sewer Fund 12,500,000 Total Capital Budget 394,745,267 Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 Schools Transfer To: 1184000 Plaza Annex/ Laskin Road Office Addition $ 250,000 Total Transfer To: $ 250,000 Transfer From: 1019000 Great Neck Middle School Replacement $ 250,000 Total Transfer From: $ 250,000 Roadways Transfer To: 2152000 Elbow Road Phase II-B $ 2,279,649 2409000 Centerville Turnpike Phase II $ 3,673,502 2117000 Shore Drive Corridor Imp Phase III $ 2,100,912 2110000 Nimmo Parkway Phase VII-B $ 500,000 2040000 Laskin Road Bridge Replacement $ 6,157,707 2126000 Lasking Road Phase I-A $ 126,500 2024000 Rural Road Improvement II $ 834,424 Total Transfer To: $ 15,672,694 Transfer From: 2158000 Holland Road Phase VI $ 3,023,372 2167000 Lynnhaven Parkway Phase XI $ 5,000,000 2401000 Greenwich Road Crossover $ 1,500,000 2038000 Rosemont Road Phase V $ 97,215 2156000 Laskin Road Phase I-B $ 2,762,683 2048000 Princess Anne Rd/Kempsville $ 2,000,000 2107000 Seaboard Rd $ 230,000 2149000 Birdneck Road Phase 11 $ 225,000 2021000 Rural Road Improvement $ 834,424 Total Transfer From: $ 15,672,694 Storm Water Transfer To: 7411000 Oceanfront Stormwater Facilities Maintenance $ 222,740 7406000 Elizabeth River TMDL Implementation Plan 98,057 7050000 Princess Anne Plaza Drainage Area 73,597 $ 394,394 Transfer From: 7034000 Stormwater Operations Modular Building $ 222,740 7033000 Storm Water Maintenance Backlog $ 73,597 7159000 Water Quality Participation Project $ 53,100 Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 7183000 Storm Water Quality Enhancements-1 $ 44,957 Total Transfer From: $ 394,394 Parks and Recreation Transfer To: 4047000 Little Island Park Parking Lot Improvements $ 1,797,400 4306000 Open Space&Park Infrastructure Development&Maintenance II $ 275,000 Total Transfer To: $ 2,072,400 Transfer From: 4509000 Replacement of Kempsville Recreater Center $ 1,797,400 4308000 Open Space Program Site Acquisition Phase III $ 275,000 Total Transfer From: $ 2,072,400 Water and Sewer Utility Transfer To: 6041000 Pump Station Modification Program V $ 5,259,733 Total Transfer To: 5,259,733 Transfer From: 5019000 Advanced Water Metering $ 300,000 5045000 Rosemont Road PH Water Improvements $ 2,000,000 6019000 Resort Area Neighborhood Revitalization $ 1,000,000 6550000 Comprehensive Sewer Master Planning V $ 200,000 5089000 Var Roadway/StormWater Coordination V $ 404,492 5116000 Prosperity Road Water Improve 51%Program $ 266,397 5602000 PA Rd/Kempsville Rd Intersection Improvements $ 672,583 6090000 Clean Water Act Compliance Studies $ 113,598 6566000 Nimmor Parkway Sanitary Sewer Ext-Phase V $ 297,145 6973000 Sanitary Sewer Capacity Program 1 $ 5,517 Total Transfer From: $ 5,259,733 Information Technology Transfer To: 3693000 IT Service Continuity II $ 182,778 3695000 21st Century Enterprise Resource Planning $ 1,827,532 Total Transfer To: $ 2,010,310 Transfer From: Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 3052000 IT Service Continuity $ 182,778 3657000 Disaster Recovery IV- Electrical Backup/Bldg Access $ 17,584 3678000 Fire Mobile Radio Repeaters $ 18,480 3706000 Sheriff Inmate Tracking and Status Monitoring $ 48,921 3681000 Electronic Procurement System $ 1,742,547 Total Transfer From: $ 2,010,310 Buildings Transfer To: 3156000 Virginia Aquarium Parking Garage Study $ 250,000 Total Transfer To: $ 250,000 Transfer From: 3146000 VA Aquarium Bldg Systems& Facility Infastructure $ 250,000 Total Transfer From: $ 250,000 Miscellaneous Transfer To: 3141000 Various Buildings HVAC Rehabilitation &Renewal IV $ 1,846,028 Total Transfer To: $ 1,846,028 Transfer From: 2143000 Laskin Road Gateway-Phase 1-A $ 135,535 2157000 Lynnhaven Parkwat-Phase IX $ 24,266 2305000 Princess Anne Rd- PH IV $ 33,973 2502000 West Neck Road (TAN) $ 144,960 3021000 Fire and Rescue Station-Thalia $ 24,650 3037000 Thalia State Revitalization $ 5,135 3049000 New Voting System $ 84,725 3175000 Virginia Beach Lifelong Learning Center $ 8,625 3622000 CIT-Library Automated Materials Handling $ 15,097 3606000 CIT-Fire Station Alerting $ 30,109 3631000 CIT-SOC Services Interface System Replacement $ 83,102 3551000 CIT-Enterprise Business App $ 19,788 8002000 Beach Profile Monitoring Program $ 1,032 8023000 Sandbridge Beach Access Improvements $ 15,000 9007000 Resort Public Transit Relocation $ 14,760 9058000 Rudee Walk(Partial) Phase 1 $ 25,453 2092000 Virginia Beach Transit Extension Project $ 93,038 2108000 Light Rail Corridor Shared-use Path $ 18,000 3057000 Self Contained Breathing Apparatus $ 553 3093000 CIT-Planning Bus System Integration $ 4,703 3147000 Historic Prop Acqisiton Revolving $ 2,793 3301000 Ferry Plantation House $ 2,022 Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 3367000 Various Buildings Rehab and Renewal Phase II $ 205,548 3505000 Building Modernization/Renewal/Replacement $ 47,119 3607000 CIT- Data Storage/MGMT Evidentiary $ 163,400 3608000 CIT-Disaster Recovery Data Center $ 1,261 3614000 Fire Radio Replace/In-mask Communication $ 152,763 3632000 Planning Business System Integration $ 15,477 4309000 Mt Trashmore District Park Renovations $ 27,965 4505000 Modernize Bow Creek Recreation $ 9,218 8008000 Beach Replinishment $ 289,194 8933000 Landfill#2 Expansion $ 146,765 Total Transfer From: $ 1,846,028 Attachment D-Reductions in Funding Amount of Reduction in Appropriations Prior to Funding Project# FY 2018-19 Source Roadways 2040000 Laskin Road Bridge Replacement $ 7,500,000 State 2126000 Laskin Road Phase I-A 5,000,000 State 2152000 Elbow Road Extended Phase II-B 337,485 State 2168000 Lesner Bridge Replacement 317 Federal 2256000 Indian River Road Phase VII-A 335,025 State 2045000 Pacific Avenue Improvements Phase 1 2,250,000 PFRB 2418000 Indian River Rd/ Kempsville Rd Intersection Improveme 1,307 Federal Total Reduction: $ 15,424,134 Economic and Tourism Development 9017000 Arena Infrastructure Development-Off Site $ 17,218,292 PFRB 9015000 Arena Infrastructure Development-On Site $ 44,984,200 PFRB Total Reduction: $ 62,202,492 Coastal 8500000 Old Donation Creek Area Dredging $ 192,525 Private Contribution 8501000 Bayville Creek Neighborhood Dredging 42,547 Private Contribution 8502000 Shadowlawn Area Dredging 31,193 Private Contribution 8504000 Harbour Point Neighborhood Dredging 30,648 Private Contribution Total Reduction:—$ 296,913 wow Attachment E-Projects Utilizing Public Facility Bonds Summary of Adopted Public Facility Bonds: 1110000 Energy Performance Contracts II 5,000,000 2040000 Laskin Road Bridge Replacement 10,907,302 2126000 Laskin Road Phase I-A(VDOT) 6,007,631 3072000 City Nall Replacement 47,402,602 3140000 Energy Performance Contracts 550,000 4044000 Lynnhaven Marina Bulkhead Replacement&Facility Renovation 250,000 9041000 Virginia Beach Sports Center 54,000,000 9045000 Central Beach&Convention District Parking 7,000,000 9053000 Dome Site Entertainment Venue 5,000,000 9050000 Dome Site Streetscape 3,000,000 9020000 Vibe District Street Infrastructure Improvements 506,238 Total: $ 139,623,773 58 Item -V-L.2 ORDINANCES TO SUPPORT THE CAPITAL BUDGET ITEM#68122 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AUTHORIZE the Issuance of General Obligation Public Improvement Bonds in the maximum amount of$72,208,245 re various public facilities and general improvements Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH,VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $72,208,245 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS 6 WHEREAS,the City of Virginia Beach,Virginia(the"City"),desires to authorize the issuance of general 7 obligation public improvement bonds for various purposes in the maximum amount of$72,208,245, as permitted by 8 the City Charter,without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS,City Council held public hearings on the program to provide for public comment; 11 12 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve 15 various public facilities and make general improvements, all of which will promote the public welfare of the City and 16 its inhabitants and will facilitate the orderly growth,development,and general welfare of the City, and to finance the 17 costs thereof through the borrowing of up to$72,208,245 and issuing the City's general obligation bonds therefore. 18 19 2. That,pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized 20 to be issued general obligation public improvement bonds of the City in the maximum amount of$72,208,245, to 21 provide funds, together with other funds that may be available, for various public improvement projects, including 22 School, Roadway,Coastal, Economic and Tourism,and Building projects,for project activities that include, but are not 23 limited to, the following: preliminary studies and surveys, permit compliance, environmental assessment, planning, 24 design, engineering, site acquisition, relocation of residents, utility relocation, construction, renovation, expansion, 25 repair, demolition, site improvement, site work, legal services, inspection and support services, furniture and 26 equipment,and contingencies. 27 28 3. That the bonds may be issued as a separate issue at one time or in part from time to time or 29 combined with bonds authorized for other purposes and sold as part of one or more combined issues of public 30 improvement bonds. 31 32 4. That the bonds shall bear such date or dates,mature at such time or times not exceeding 40 years 33 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such 34 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 35 36 5. That the bonds shall be general obligations of the City for the payment of the principal,premium, 37 if any,and interest on which its full faith and credit shall be irrevocably pledged. 38 39 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 40 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 41 hereof through the date of the issuance of the Bonds. 42 43 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 44 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 45 46 8.That this ordinance shall be in full force and effective from its passage. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. 49 50 Adopted by the Council of the City of Virginia Beach,Virginia,on thel 5 tbay of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana a eyer Budget and Management Services City Attorney's Office 59 Item-V-L.3 ORDINANCES TO SUPPORT THE CAPITAL BUDGET ITEM#68123 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $30,077,004 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,VIRGINIA,IN 3 THE MAXIMUM AMOUNT OF$30,077,004 4 WHEREAS,the City of Virginia Beach,Virginia(the"City"),desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of$30,077,004 for financing improvements and expansions to the City's storm water 6 utility system(the"System"),as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development,and general welfare of the City,and to finance the costs thereof through the borrowing of$30,077,004 and issuing the 15 City's revenue bonds therefore. 16 17 2. That,pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized to be issued 18 storm water utility system revenue bonds of the City in the maximum amount of$30,077,004 to provide funds,together with other 19 available funds,for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates,mature at such time or times not exceeding 40 years from their 22 dates,bear interest,be in such denominations and form,be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 26 obligations of the City, payable as to principal, premium,if any,and interest solely from the revenues derived by the City from the 27 System,and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 28 or constitute an indebtedness of,or a pledge of the faith and credit of,the Commonwealth of Virginia or of any county,city,town,or 29 other political subdivision of the Commonwealth,including the City. The issuance of the bonds and the undertaking of the covenants, 30 conditions,and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 31 indirectly,or contingently obligate the Commonwealth,the City,or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 33 and premium,if any,and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizingthe issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,charge,and collect such rates, 37 fees,and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 38 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium,if any,and interest on the bonds as the 39 same become due and to provide a margin of safety therefore. Such resolutions and agreements shall also include such additional 40 covenants,agreements,and other terms as are customary for the protection of the holders of storm water revenue obligations. 41 42 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 43 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 44 of the bonds. 45 46 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 47 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 48 49 8. That this ordinance shall be in full force and effect from its passage. 50 51 Adoption requires the affirmative vote of a majority of all members of the City Council. 52 Adopted by the Council of the City of Virginia Beach,Virginia,on thel 5 tbay of May,2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I David Bradley Dana Hatmeyer Budget and Management Services City Attorney's Office 60 Item-V-L.4 ORDINANCES TO SUPPORT THE CAPITAL BUDGET ITEM#68124 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to REALIGN Revenues of the Roadways Capital Improvement Projects (CIP)from various sources set forth herein Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL 2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH 3 HEREIN 4 WHEREAS,the City establishes funding sources for Roadways capital project based on initial estimates of State,Federal 5 and local sources provided by the Virginia Department of Transportation (VDOT); 6 7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for 8 presentation to City Council; 9 10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given 11 project; 12 13 WHEREAS,VDOT also adjusts the funding resources based on changes in scope,bids received,and availability of annual 14 funding;and 15 16 WHEREAS,this ordinance does not increase aggregate appropriations to date;and 17 18 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 19 20 1. That the following project has State funding reduced and Federal funding increased in equal amounts: 21 a. That Project 2-256 - Indian River Road Phase VII-A is hereby decreased by$1,153,973 in State revenue and 22 increased by$1,153,973 in Federal revenue. 23 b. That Project 2-089—Southeastern Parkway is hereby decreased by$378,011 in estimated State revenue and 24 increased by$378,011 in estimated Federal revenue. 25 c. That Project 2-149 —Birdneck Rd- Phase II is hereby reduced by $3,233,820 in estimated State revenue, 26 increased by$3,233,820 in Federal revenue. 27 d. That Project 2-176 —Transportation Network Analysis is hereby reduced by $56,530 in estimated State 28 revenue,increased by$56,530 in Federal revenue. 29 e. That Project 2-409—Centerville Turnpike Phase II is hereby reduced by$1,634,585 in estimated State revenue, 30 increased by$1,634,585 in Federal revenue. 31 32 2. That the following project has Federal funding reduced and State funding increased in equal amounts: 33 a. That Project 2-025—Witchduck Road Phase II is hereby reduced by$281,682 in Federal revenue and increased 34 by$281,682 in State funding. 35 b. That Project 2-168 — Lesner Bridge Replacement is hereby reduced by $496,978 in Federal revenue, and 36 increased by$496,978 in State revenue. 37 38 3. That this ordinance shall be in effect from the date of its adoption. 39 40 Adopted by the City Council of the City of Virginia Beach,Virginia on the 15day of May,2018. 41 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office 61 Item -V-L.1 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68125 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance(CZO)Section 107 re fees for Rezoning, Conditional Rezoning, and Modification to a Conditional Rezoning Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 107 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR A REZONING, CONDITIONAL 4 REZONING AND MODIFICATION TO A 5 CONDITIONAL REZONING 6 7 Section Amended: City Zoning Ordinance § 107 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 107 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 107. - Amendments. 19 . . . . 20 (g) Fee. A petition to amend, supplement or change the district boundaries or 21 classification of property shall be accompanied by a fee in the amount of nine hi Rdrorl 22 one thousand ninety dollars ($9W1,090.00), provided, that where such a petition is 23 submitted as a conditional zoning, the fee shall be in the amount of one thousand two 24 three hundred sixty dollars ($44, W1,360.00). A petition of any property owner for a 25 reconsideration of proffered conditions shall be accompanied by a fee in the amount 26 of five six hundred sixty dollars ($5W660.00). Such fees shall include all costs of 27 notification and advertising. 28 . . . . 29 This Ordinance shall not be effective until July 1, 2018. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of 32 May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plan ing Department City Atto y's Office CA14294 R-2 February 28, 2018 62 Item-V-L.2 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68126 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance(CZO)Section 106 re fee for an Appeal to the Board of Zoning Appeals for Residential and Commercial Properties Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 106 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR AN APPEAL TO THE BOARD OF ZONING 4 APPEALS FOR RESIDENTIAL AND COMMERCIAL 5 PROPERTIES 6 7 Section Amended: City Zoning Ordinance § 106 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 106. - Appeals and variances. 19 . . . . 20 21 (c) Every application concerning a single-family residence, semi-detached residence or 22 duplex to the board of zoning appeals shall be accompanied by a fee of twe four 23 hundred and-4i# dollars ($250400.00), and all other applications shall be 24 accompanied by a fee of thFee five hundred and#i#y dollars ($350500.00). Such fee 25 shall include all costs of notification and advertising. Each lot upon which a variance 26 is requested shall be the subject of a separate application and a separate fee; 27 provided, however, that variances from the setback and landscaping provisions of 28 section 201(e)(1), pertaining to fences and walls, may be the subject of a single 29 application and fee where the following conditions are met: 30 (1) The lots upon which the variance is requested are contiguous lots within a single 31 subdivision block, as shown on the recorded plat of the subdivision in which the 32 lots are located; 33 (2) The fence or fences which are the subject of the variance are located wholly upon 34 property owned by a bona fide homeowners' association created by legal 35 instrument recorded in the office of the clerk of the circuit court, or upon which 36 there is a recorded perpetual easement allowing such homeowners' association, 37 or the members thereof, to construct and maintain a fence upon such property; 38 (3) Such fence or fences are owned by the homeowners' association; and 39 (4) The individual signing the application certifies to the zoning administrator, in 40 writing, that he or she is vested with the authority to act on behalf of the 41 homeowners' association in the matter and that such association has authorized, 42 in the manner prescribed by its by-laws or other instrument, the filing of the 43 application. 44 . . . . 45 This Ordinance shall be effective on July 1, 2018. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 th day of 48 May , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14295 R-2 February 28, 2018 63 Item-V-L.3 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68127 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance(CZO) Section 107.1 re fees for Alternative Compliance in certain Districts Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 107.1 OF 2 THE CITY ZONING ORDINANCE PERTAINING TO 3 THE FEES FOR ALTERNATIVE COMPLIANCE IN 4 CERTAIN DISTRICTS 5 6 Section Amended: City Zoning Ordinance § 107.1 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 107.1 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 107.1. - Alternative compliance in certain districts. 19 To the extent provided by the regulations of any zoning district listed in Section 20 102(a)(13): 21 (a)The city council may grant special exceptions in accordance with the alternative 22 compliance provisions of the district to allow the development of new uses or 23 structures, or additions to or alterations of existing structures, that do not 24 conform to the uses or development standards otherwise permitted or required 25 under the applicable district regulations. 26 (b) The fee for applications for special exceptions pursuant to this section shall be 27 in the amount of few five hundred sixty dollars ($4GG560.00). Such fee shall 28 include all costs of notifications and advertising. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of 31 May , 2018. 32 33 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pla ning Department City Attor s Office CA14293 R-2 March 1, 2018 64 Item-V-L.4 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68128 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance(CZO)Section 221 re fees for Conditional Use Permits and Modifications to Conditional Use Permits Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 221 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR CONDITIONAL USE PERMITS AND 4 MODIFICATIONS TO CONDITIONAL USE PERMITS 5 6 Section Amended: City Zoning Ordinance § 221 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 221 of the City Zoning Ordinance is hereby amended to read as 15 follows: 16 17 Sec. 221. - Procedural requirements and general standards for conditional uses. 18 . . . . 19 (b) Fees. The application shall be accompanied by the following fees to cover 20 the costs of processing the application. None hunrlror! One thousand ninety dollars 21 ($9001 ,090.00) for all applications except applications submitted by a nonprofit 22 organization or for a home occupation under section 234 of this ordinance. The fee for 23 such applications shall be two three hundred sixty dollars ($200360.00). An application 24 to reconsider existing conditions shall be accompanied by a fee of 4ve six hundred sixty 25 dollars ($500660.00), except that applications submitted by a nonprofit organization or for 26 a home occupation under section 234 of this ordinance, which shall be accompanied by 27 a fee of two three hundred sixty dollars ($2-00360.00). Such fees shall include all costs 28 of notifications and advertising. 29 . . . . 30 31 This Ordinance shall be effective on July1, 2018. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of 34 May , 2018. APPRO ED AS T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G��i^ -1� a aa�� ng Department t City Attorne 's Office CA14296 R-2 February 28, 2018 65 Item -V-L.5 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68129 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance (CZO)Section 105 re fee for the Enlargement,Extension or Conversion of a Nonconforming Use Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 105 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEE FOR THE ENLARGEMENT, EXTENSION OR 4 CONVERSION OF A NONCONFORMING USE 5 6 Section Amended: City Zoning Ordinance § 105 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 105 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 105. - Nonconformity. 19 . . . . 20 (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall 21 be increased in magnitude. No nonconforming use shall be enlarged or 22 extended to cover a greater land area than was occupied by the 23 nonconformity on the effective date of this ordinance or amendment thereto. 24 No nonconforming use shall be moved in whole or in part to any other portion 25 of the lot, parcel, or structure not occupied by the nonconformity on the 26 effective date of this ordinance or amendment thereto, and no nonconforming 27 structure shall be moved at all except to come into compliance with the terms 28 of this ordinance. No nonconforming structure shall be enlarged, extended, 29 reconstructed, or structurally altered, if the effect is to increase the 30 nonconformity. As an exception to the above, any condition of development 31 prohibited by this section may be permitted by resolution of the city council 32 based upon its finding that the proposed condition is equally appropriate or 33 more appropriate to the district than is the existing nonconformity. City council 34 may attach such conditions and safeguards to its approval as it deems 35 necessary to fulfill the purposes of this ordinance. Applications for the 36 enlargement, extension or relocation of a nonconforming use or structure 37 shall be filed with the planning director. The application shall be accompanied 38 by a fee of 4vesix hundred sixty dollars ($5W660.00) to cover the cost of 39 processing the application. Such fee shall include all costs of notifications 40 and advertisings. The planning director shall cause the application to be 41 advertised for public hearing before the planning commission. Notice shall be 42 given as provided by Section 15.2-2204 of the Code of Virginia; provided, 43 however, that written notice as prescribed therein shall be given at least 44 fifteen (15) days prior to the hearing. The GGSt of the p blir n0tiGes rani tiro rl 45 by Co�nri 1 G 2 2 Cede of VmFgmriia shall be charged to the vy�c v-r,--rvzz� arc-v-r-��r��n--roc-or-�rn-gca--cv--n-rc 46 appliGaRt-. 47 . . . . 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of 50 May , 2018. 51 52 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorneys Office CA14292 R-2 March1, 2018 2 66 Item-V-L.6 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68130 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND Section 8.3 of Appendix B Subdivision Regulations re fee for Subdivision Variance Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 8.3 OF APPENDIX 2 B, SUBDIVISION REGULATIONS PERTAINING TO THE 3 FEE FOR SUBDIVISION VARIANCES 4 5 Section Amended: § 8.3, Appendix B, Subdivision 6 Regulations 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 8.3 of Appendix B, Subdivision Regulations is hereby amended to 16 read as follows: 17 18 Sec. 8.3. - Subdivision variance fees. 19 Any appeal for a variance shall be accompanied by the following fees to cover the 20 costs of processing the appeal: s�x eight hundred f1#y ten dollars ($650 810.00). T"�st 21 22 to the appliGant Such fee shall include all costs of notifications and advertising. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 th day of 25 May , 2018. 26 27 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PI nning Department City Attorney's Office CA14291 R-3 March 14, 2018 67 Item-V-L.7 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68131 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Code Section 33-111 re fee for Vacation of a Street or Alley Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 33-111 OF 2 THE CITY CODE PERTAINING TO THE FEE FOR 3 THE VACATION OF A STREET OR ALLEY 4 5 Section Amended: City Code § 33-111 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 33-111 of the City Code is hereby amended to read as follows: 12 13 Sec. 33-111. - Fee for processing application and viewers' services. 14 A fee of twe four hundred fifty ten dollars ($250410.00) shall be paid to the city for 15 the processing of an application and for the viewers' services regarding said application 16 for the vacation of any street or alley. Such fee shall include all costs of notifications and 17 advertising. The planning director or his authorized representative shall not accept any 18 application unless such fee be paid at the time the application is filed. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of 21 May , 2018. 22 23 This Ordinance shall be effective July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14288 R-2 March 1, 2018 68 Item -V-L.8 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68132 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance(CZO)Section 1403 re fees for Wetlands Permits and Deferrals Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 1403 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR WETLAND PERMITS AND DEFERRALS 4 5 Section Amended: City Zoning Ordinance § 1403 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 1403 of the City Zoning Ordinance is hereby amended to read as 15 follows: 16 17 Sec. 1403. - Applications for permits. 18 . . . . 19 20 (c) A nonrefundable processing fee to cover the cost of processing the application 21 shall accompany each permit application. Such fee shall be in an amount of three 22 four hundred fib_ dollars ($300450.00) plus the GOS•1rof advertisement shall be 23 required Such fees shall include the costs of notifications and advertising. Such 24 fees shall apply to original applications, including after-the-fact applications, and 25 to reapplications. A fee in an amount of one two hundred thirty dollars 26 ($4-00230.00) shall be required for deferral of an application unless waived by the 27 Board for good cause shown. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 th day of 30 May , 2018. 31 32 This Ordinance shall be effective July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4anagpartment City Attorney's Office CA14286 R-2 March1, 2018 69 Item-V-L.9 ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET ITEM#68133 Upon motion by Vice Mayor Wood, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AMEND City Zoning Ordinance (CZO)Section 1603 re fees for Coastal Primary Sand Dune Permits, Sand Management Permits and Deferrals Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 1 AN ORDINANCE TO AMEND SECTION 1603 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE FEES FOR COASTAL 4 PRIMARY SAND DUNE PERMITS, SAND 5 MANAGEMENT PERMITS AND DEFERRALS 6 7 Section Amended: § 1603 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1603 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1603. - Applications for permits. 20 21 . . . . 22 23 (c) A nonrefundable processing fee to cover the cost of processing the application 24 shall accompany each permit application. Such fee shall be in an amount of three 25 four hundred fifty dollars ($000.00 450.00). plus the Gest of ad�;:emeRt E;ha4 26 be re Such fees shall include all costs of notifications and advertising. 27 Such fees shall apply to original applications, including after-the-fact-applications, 28 and to re-applications. The application and re-application fee for sand 29 management permits shall be one two hundred thirty dollars ($400.00-230.00). 30 Such fee shall include all costs of notifications and advertising. No person shall 31 be required to file two (2) separate applications for permits if the project to be 32 undertaken will require permits under Section 28.2-1302 of the Code of Virginia 33 and this article. Under those circumstances, the fee shall be established pursuant 34 to this article. A fee in an amount of one two hundred thirty dollars ($4-08. 230.00) 35 shall be required for deferral of an application unless waived by the Board for 36 good cause shown. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of May 2018. This Ordinance shall be effective July 1, 2018. APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pla ing Department City Attorney's Office CA14285 R-12 March1, 2018 2 70 Item—V-M PLANNING ITEM#68134 1.ZALDY VIAR& JAMES PAUL VIAR VARIANCE 2. TWENTY-THIRD FUN PARKING,LLC SPECIAL EXCEPTION 3. WILLIS FAMILY PARTNERSHIP CHANGE OF NONCONFORMITY 4. WAVES MOTEL,INC CONDITIONAL USE PERMIT 5. JONES AT 1888,LLC& CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO JUNE S,2018 May 15, 2018 71 Item—V-M PLANNING ITEM#68135 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 3 (Deferred to June 5, 2018), 4 and 5 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 72 Item—V-M.1. PLANNING ITEM#68136 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of ZALDY VIAR& JAMES PAUL VIAR for Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1225 General Street DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ZALDY VIAR & JAMES PAUL VIAR for Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 1225 General Street (GPIN 1466007432) DISTRICT 2 — KEMPSVILLE The following conditions shall be required.• 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "RESUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON THE PLAT "DIVISION MAP OF PROPERTY OWNED BY JUDGE J. M. KEELING" (M.B. 4 P. 21,)" dated January 22, 2018 and prepared by DKT Associates. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. If the existing duplex is ever removed, it shall be replaced only with a single-family dwelling. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 paoU a6e+++n I I _j f!CO UT 0 I it m I I I _ I N I c I �tr CM boa t -. ule uno 73 Item -V-M.2 PLANNING ITEM#68137 The following individuals registered to speak.- Sam Baraki, 800 Juniper Crescent, Phone: 671-9000, agent for the Applicant, spoke in SUPPORT. Phillip Decker, 9669 27`"Bay Street, Phone: 478-6094, spoke in SUPPORT Barbara Messner, Phone: 422-1902, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, Application of TWENTY-THIRD FUN PARKING, LLC for Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re commercial parking lot at the Northwest Corner of 23rd Street and Pacific Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TWENTY-THIRD FUN PARKING, LLC for Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re commercial parking lot at the Northwest Corner of 23rd Street and Pacific Avenue (GPINs 2427099271, 2427099276, 2427099209, 2427099220) DISTRICT 6 — BEACH The following conditions shall be required: 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The two existing driveway aprons on Pacific Avenue shall be repaired to restore curb, gutter and sidewalk to match the existing sidewalk. c. A minimum 10'street frontage landscape buffer, measured from the back of the sidewalk, shall be installed along Pacific Avenue and 23rd Street. d. Fencing shall be installed around the perimeter of the parking lot, inside of the landscape buffer, except for a single pedestrian ingress/egress and a single, gated vehicular ingress/egress, both located on 23rd Street. Fencing height and design shall be determined during site plan review. e. A 10' landscape buffer shall be planted on the northern property line. Plant materials shall be chosen and maintained to comply with Crime Prevention Through Environmental Design (CPTED)standards. May 15, 2018 74 Item -V-M.2 PLANNING ITEM#68137 (Continued) 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Section 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. S. The applicant shall submit a detail of the gate,fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5)years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of operation. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 II I � 11 1 I 1 7 f p F� i �1 �1 II f l i S I } 4i ti ,.• .. � i �i 1 `t ,� liltIt I CN 75 Item-V-M.3 PLANNING ITEM#68138 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council DEFERRED TO JUNE S,2018,BY CONSENT,Application of RILLIS FAMILYPARTNERSHIPfor a Change o Nonconformity re reduction often (10)legally nonconforming units at 318&320 34`h Street DISTRICT 6—BEACH Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 IA �Ac� 4 G O U City of Virginia Beach I y 2 S OF OUR NP��N %`Bgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In Reply Refer to 0062932 May 15, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Willis Family Partnership for a Change in Nonconformity for property located at 318 & 320 34t'Street. 2. The applicant has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach,Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application,upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- May 15, 2018 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. 1 hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson RAW/RRI 76 Item-V-M.4 PLANNING ITEM#68139 Upon motion by Vice Mayor Wood, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of WAVES MOTEL, INC.for a Conditional Use Permit re commercial parking lot at 1312 Atlantic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAVES MOTEL, INC. for a Conditional Use Permit re commercial parking lot at 1312 Atlantic Avenue (GPIN 2427251933)DISTRICT 6—BEACH The following conditions shall be required: 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department/Development Services Center for review and approval and ultimate approval prior to operating the lot. 3. Any planting gaps within the existing street frontage landscaping bed shall be re- planted, and interior parking lot landscaping shall be provided as specified in Section 5A of the Site Plan Ordinance. 4. The chain link gate shall be removed and replaced with a gate conforming to the requirements of Section 23-58. The gate shall be located a minimum of twenty (20)feet from the property line to mitigate stacking on Atlantic Avenue. 5. The chain link fence shall be removed. If replaced, the fence shall conform to the requirements of Section 23-58. 6. Replacement of the existing sign or any new signs shall be submitted to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any new signs on the property. 7. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Section 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 8. The applicant shall submit a detail of the gate,fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 9. The Conditional Use Permit is approved for five (5)years from the date of City Council approval. May 15, 2018 77 Item -V-M.4 PLANNING ITEM#68139 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of May, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 i le I Pyk04 �1 1 Arre 1 , f I i I 4 II li 1 I } - " 7 1 4 ( f f CS I 4' � F I ! F7 1' - y 14 1 (-`may 78 Item -V-M.5 PLANNING ITEM#68140 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of JONES AT 1888, LLC & CITY OF VIRGINIA BEACH for a Conditional Use Permit re bulk storage yard at 1888 Virginia Beach Blvd and adjacent parcel DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JONES AT 1888, LLC & CITY OF VIRGINIA BEACH for a Conditional Use Permit re bulk storage yard at 1888 Virginia Beach Blvd and adjacent parcel (GPINs 2407468483, 2407469603)DISTRICT 6—BEACH The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PLAN FOR 1888 VIRGINIA BEACH BLVD PARCEL 9, 10, 32, 33, & 34 VIRGINL4 BEACH, VIRGINIA", prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "Southampton Roads Construction Corp Building Conceptual View 1, 2, 3, & 4,"prepared by Finley Design Architecture and Interiors, dated March 22, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition I above, and meeting all of the requirements of the Zoning Ordinance, other than the specific deviation described above in the Staff report with regard to the Category VI screening, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot candle lighting readings for all areas of the site including the perimeter. Said plan shall also sped light fixture height, light fixture type, proposed shielding, and light dimming capabilities. S. All light fixtures on the site shall be no taller than fourteen (14)feet in height. 6. All light fixtures shall be shielded away from the adjacent residential uses to the north of the site. May 15, 2018 79 Item -V-M.5 PLANNING ITEM#68140 (Continued) 7. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50% The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50% All lighting fixtures within 100 feet of the residential properties to the north shall be dimmed to 50% the lumen output after 7:00 p.m. 8. There shall be no mixing of any materials, such as but not limited to, concrete or asphalt, in the Bulk Storage Yard. 9. Commercial truck traffic to and from the site shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. 10. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area between the hours of 7:00 p.m. and 7:00 a.m. daily. 11. All materials within the Bulk Storage Yard may be stacked no taller than six(6)feet in height. 12. The onsite dumpster shall only be permitted to be picked up between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. 13. Except for necessary ingress and egress of vehicles, the gates to the bulk storage area shall remain closed. 14. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 15. No on-street parking within the right-of-way shall be permitted by the owners or employees of this property. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifteenth day of May, Two Thousand Eighteen. Voting: 9-0 Council Members VotingAye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 f, t�-`� �.^•l r r r� �-. dF ` SY - ! rr '^ 80 ITEM V-N. APPOINTMENTS ITEM#68141 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE STORMWA TER APPEALS BOARD May 15, 2018 81 ITEM V-N. APPOINTMENTS ITEM#68142 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: GEORGL4 ALLEN KYLE KORTE PEGGY LANE MARTHA MCCLEES Four year term 711118- 6130122 2040 VISION TO ACTION COMMUNITY COALITION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 82 ITEM V-N. APPOINTMENTS ITEM#68143 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: MARYNELL GORDON BENITO LOYOLA Four year term 711118- 6130122 ARTS AND HUMANITIES COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 83 ITEM V-N. APPOINTMENTS ITEM#68144 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: SCOTT AYERS FAITH CHRISTIE WALLIS DAMON CHARLES FAISON, JR. CHARLES MALBON STACEY SHIFLET MARTIN THOMAS Three year term 711118- 6130121 BAYFRONT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 84 ITEM V-N. APPOINTMENTS ITEM#68145 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: PA UL HAMAKER CHRISTOPHER JACOBS EMPSY MUNDEN and APPOINTED: BETSYATKINSON Three year term 711118- 6130121 BEACHES AND WATERWAYS ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 85 ITEM V-N. APPOINTMENTS ITEM#68146 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: WILLL4M HART STEPHEN ROMINE KIMBERLY SHULER Three year term 711118- 6130121 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 86 ITEM V-N. APPOINTMENTS ITEM#68147 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL LATHROP Unexpired term thru 12131118 BOARD OF BUILDING CODE APPEALS—PLUMBING&MECHANICAL DIVISION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 87 ITEM V-N. APPOINTMENTS ITEM#68148 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DR. SUZANNE BALDWIN Two year term S/15118-4130120 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 9-0 Council Members Voting Aye.- Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 88 ITEM V-N. APPOINTMENTS ITEM#68149 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: DA VID ARIAS One year term 7/1/18- 6130119 EASTERN VIRGINIA MEDICAL SCHOOL Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 89 ITEM V-N. APPOINTMENTS ITEM#68150 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: COUNCILMAN M. BENJA MIN DA VENPORT MAYOR LOUIS R. JONES COUNCILMAN JOHN E. UHRIN and APPOINTED: COUNCIL LADYROSEMARY WILSON No Term HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 90 ITEM V-N. APPOINTMENTS ITEM#68151 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MAYOR LOUIS R. JONES VICE MAYOR JAMES L. WOOD (ALTERNATE) No Term HAMPTON ROADS TRANSPOR TA TION PLANNING ORGANIZATION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 91 ITEM V-N. APPOINTMENTS ITEM#68152 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: NORMA BRUMAGE DONNA MORRIS L UCYNTHIA RA WLS ANDREW RICHMOND Four year term 711118- 6130122 SOCLU SERVICES BOARD Voting: 9-0 Council Members Voting Aye.- Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 92 ITEM V-N. APPOINTMENTS ITEM#68153 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DR. BARRY BROWN Four year term 711118- 6130122 TIDEWATER COMMUNITY COLLEGE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 1 S, 2018 93 ITEM V-N. APPOINTMENTS ITEM#68154 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: OLYMPHL4 PERKINS Four year term 711118- 6130122 TIDEWATER YOUTH SERVICES COMMISSION Voting. 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 94 ITEM V-N. APPOINTMENTS ITEM#68155 Upon NOMINATION by Vice Mayor Wood, City Council REAFFIRMED: VICE MA YOR JAMES L. WOOD BRIAN SOLIS—I ST ALTERNATE TA RA REEL—2ND ALTERNATE TRANSPORTA TION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 95 ITEM V-N. APPOINTMENTS ITEM#68156 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCILMAN JOHN D. MOSS-LMISON WATER TASK FORCE Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D.Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin May 15, 2018 96 Item -V-O ADJOURNMENT ITEM#68157 Mayor Louis R. Jones, DECLARED the City Council ADJOURNED at 7.55 P.M. Chief Deputy City Clerk an a ar es, VIMC Louis R.Jones City Clerk Mayor City of Virginia Beach Virginia May 15, 2018