SEPTEMBER 12, 2006 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DlEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne ~ District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
12 SEPTEMBER 2006
I.
MAYOR'S BRIEFING
- Conference Room -
2:00PM
A. TEN YEAR PLAN TO ADDRESS HOMELESSNESS
Mayor Meyera Obemdorf
Andrew Friedman, Director of Housing and Neighborhood Preservation
II. CITY COUNCIL BRIEFING
A. COMMUNITY HEALTH CENTER PLAN
Dr. Glenn Snyders, Chairman, Health Services Advisory Board
III. CITY MANAGER'S BRIEFING
A. HEALTH CARE AS A BUDGET DRIVER
Susie Walston, Chief of Staff
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA ITEMS
VI. INFORMAL SESSION
- Conference Room -
4:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Deborah R. Fair
Pastor, Charity United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
September 5, 2006
G. PUBLIC HEARINGS
1. CHARTER AMENDMENTS
a. Landscape Screening for abandoned retail and commercial property
b. Removal of May election references
c. Photo Red Light Enforcement Program
H. AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
J. ORDINANCES/ RESOLUTIONS
1. Ordinance to AMEND the City Code ~2l-230 to add Oxford Drive in Kings Grant to the
Traffic Calming Program effective September 12,2006.
2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding
(MOU) re Special Weapons and TacticslCrisis Negotiation (SW AT/CN) and the City's
support to Fort Story.
3. Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Lease
Agreement for Stumpy Lake Golf Course with an extension until December 31, 2007.
4. Ordinance to IMPLEMENT the Southside Hampton Roads Hazard Mitigation Plan in
accordance with Federal Emergency Management Agency (FEMA) programs.
5. Ordinances to ACCEPT and APPROPRIATE:
a. $631,452 to the Clerk of the Circuit Court's FY 2006-07 Technology Trust Fund re
courtroom technology expenses
b. $284,192 in additional income from the Community Development Block Grant
Program (CDBG) to the Department of Housing and Neighborhood Preservation's
FY2006-07 Operating Budget re the creation of affordable rental housing for low-
and moderate-income households
c. $102,106 from the United States Department of Justice's Edward Byrne Memorial
Justice Assistance Grant and $28,000 of Asset Forfeiture Funds re public safety
support and criminal processing
d. $101,067 from the United States Department of Homeland Security to the Fire
Department's FY 2006-07 Operating Budget re Fire and EMS station alerting
capabilities
e. $78,949 in United States Department of Criminal Justice Services state grant funding
to the Department of Human Services FY 2006-07 Operating Budget re growing
caseloads
6. Resolution re the 2007 Community Legislative Agenda and REQUEST the local
Delegation to the General Assembly sponsor and/or support legislation that will realize the
goals and objectives set forth therein.
7. Resolution to ESTABLISH the Historic Sites Organizing Committee re the creation and
formation of a Foundation to assist in the support of City-owned "historic sites."
K. PLANNING
1. Application of MIKE'S PAINT & BODY, INC. for a Conditional Use Permit at Progress
Lane and Central Drive re an automotive repair garage and bulk storage. (DISTRICT 6-
BEACH)
RECOMMENDATION:
APPROVAL
2. Application ofKAH PROPERTIES, L.L.c. for a Conditional Use Permit at 3222 Virginia
Beach Boulevard re motor vehicle sales and service. (DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
3. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from
AG-2 Agricultural District to Conditional 0-2 Office District at 2513 North Landing Road re
a dental office and additional space for lease. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPRO V AL
4. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification
from R-5D Residential Duplex District to Conditional A-24 Apartment District at Bonney
Road and Kenley Road re multi-family dwellings. (DISTRICT 2 - KEMPSVILLE)
STAFF RECOMMENDATION: REFERRAL BACK TO
PLANNING COMMISSION
PLANNING COMMISSION RECOMMENDATION: APPROVAL
5. Application of RHO MAN COMPANIES for a Change of Zoning District Classification
from R-10 Residential District to Conditional I-1 Light Industrial District on a portion of
1032 Bells Road and 1041 01ds Lane re warehouses and office-warehouses. (DISTRICT 6-
BEACH)
RECOMMENDA nON:
APPROVAL
L. APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
BUILDING CODE OF APPEALS - New Construction
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
HISTORIC SITE ORGANIZING COMMITTEE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 09/07/2006mb
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 September 2006
Mayor Meyera E. Oberndorf called to order the Mayor's Briefing re the City's TEN YEAR PLAN TO
ADDRESS HOMELESSNESS the City Council Conference Room, City Hall, on Tuesday, September
12,2006, at 2:00 P.M.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
September 12, 2006
- 2 -
MA YOR'S BRIEFING
TEN-YEAR PLAN TO ADDRESS HOMELESSNESS
2:00 P.M.
ITEM # 55569
Mayor Oberndorf advised the Federal Government has employed a very capable man to implement the
dispersal of funds enabling different types of housing for those unable to purchase. The City of Norfolk is
currently working on their Plan. Mayor Oberndorf introduced Andrew Freidman, Director of Housing
and Neighborhood Preservation, to provide information re Regional Homeless Issues.
Mr. Friedman introduced Sharon Prescott, Housing Development Administrator, and John Boylan,
Homeless Policy and Resource Coordinator, who actually implemented the programs to be discussed.
Approximately six hundred twenty-eight (628) persons were homeless in Virginia Beach based on the
"point-in-time" count in 2005 (January 1). This means over the year, 'hundreds more went in and out of
homelessness. Homelessness causes severe problems for those who experience it. Chronic homelessness
costs our city and community millions of dollars in public safety and emergency services.
People Seeking Shelter Exceeded Regional
Bed Capacity in Jan. 2005
2000
1500
1000
500
o
Beds
Individuals
. Permanent . Transitional 0 Emergency 0 Seasonal
Mr. Friedman advised there were 1,800 homeless persons in Southside Hampton Roads in January 2005.
Of those, nearly four hundred (400), or 22%, met the definition of "chronic" having been homeless for at
least the past twelve (J 2) months or four or more times in the previous three (3) years. Nationally, the
proportion of chronically homeless is between 10-15%. Neither their wages nor public support are
enough to afford housing.
Chronic homelessness is extremely costly to society. Chronic homelessness could be costing South
Hampton Roads over $30-MILLION annually in health care, courts, Police, Sheriff, and other costs.
Being homeless once is a key riskfactor in becoming homeless again.
September 12, 2006
- 3 -
MA YOR'S BRIEFING
TEN-YEAR PLAN TO ADDRESS HOMELESSNESS
ITEM # 55569 (Continued)
Virginia Beach has funded homeless programs since 1984 using federal funds. Utilizing federal and city
funds, the Lighthouse Center was established in 1995. The City receives over $1-MILLION annually in
federal funding for homeless programs. To continue to receive HUD funding, all cities must develop a
ten-year plan.
In February 2005, the Southside Mayors and Chairs agreed to form a task force to address homelessness
issues which they determined would be best addressed regionally. The participating localities are:
Chesapeake, Isle of Wight, Norfolk, Portsmouth, Suffolk and Virginia Beach. The Planning Council
participates and provides administrative services.
Regional Accomplishments
September 2005: Produced a Regional Report on Homelessness
February 2006: Held conference with national speakers - attracted three hundred fifty
(350) attendees
August 2006: Established Affordable Housing Database with United Way funding
December 2006: First ever regional apartments for the homeless (Gosnold Apartments)
to open in Norfolk. *
*Virginia Beach, with Portsmouth and Norfolk is participating in the funding of these regional
apartments. Twelve (J 2) individuals currently homeless in Virginia Beach will be eligible to move into the
Gosnold apartments. Thus, having permanent housing at a cost of 30% of their income.
Mr. Friedman displayed the Internet Web Page: www.housinzconnect.org (The Affordable Housing
Connection in South Hampton Roads).
Regional Initiatives
Establishment of the second project of efficiency apartments for the homeless -
hopefully in Virginia Beach - approximately sixty (60) units.
Four (4) cities would share the costs - Norfolk, Portsmouth, Chesapeake and
Virginia Beach
Would require a site and land use approval
Virginia Supportive Housing, developer of Gosnold Apartments, has briefed
many of the City Council Members.
Establishment of a "Healing Place" for homeless substance abusers - a highly
effective residential treatment model currently operating in Tennessee, North Carolina
and Virginia (Richmond)
Would be owned and operated by a non-profit
Regional cities would fund a feasibility study and help initiate the project
Would need public and private support for operating expense
"Campus-style" setting needed
September 12,2006
- 4-
MA YOR'S BRIEFING
TEN-YEAR PLAN TO ADDRESS HOMELESSNESS
ITEM # 55569 (Continued)
The Healing Place is a residential substance abuse program for homeless single adults. The Healing
Place has a success rate nearly five (5) times the national average (65% versus 15%). The first Healing
Place was started in Louisville in 1989 by physicians who were tired of the failure of homeless programs
to address the root causes of homelessness. The core elements of the program are: Recovery Dynamics
(based on the twelve (12) step program of Alcoholics Anonymous), the Community Model (therapeutic
community) and Peer Mentoring. There are four (4) in the United States (two (2) in Kentucky, one (1) in
North Carolina and one (1) in Richmond) Homeless adults enter the program by police escort, shelter
referral, or self-referral. They first enter non-medical detox and then (over time) two thirds will
voluntarily enter the program. The efficiency apartments and the Healing Place together would take
meaningful and long-term steps toward addressing a serious, costly and long term problem in the most
cost effective way - with our regional partners. The Virginia Beach's Homeless Advocacy and Resource
Partnership (VBHARP) is a coalition of city agencies, non-profits and community stakeholders who work
together to develop the annual plan for homelessness. The City must create and submit a ten-year plan
for Housing and Urban Development (HUD) to continue to provide funding.
TEN YEAR PLAN TO ADDRESS HOMELESSNESS
Elements 0 the Ci 's Ten-Year Plan S eci IC Issues addressed b the Plan
Understanding the causes of and the key barriers to Enhanced prevention programs including early
overcoming homelessness intervention and financial assistance
Identifying current services Improved/centralized intake and referral and better
access to housing
Develo ment 0 more housin resources
Enhanced and expanded support services to help
eo Ie overcome barriers
Identi in the stakeholders who can hel
Proposing actions at all levels
Developing an Action Plan and schedule
City Agencies (Housing, Human Services, Health, Police), non-profit agencies serving the homeless,
health care providers as well as citizen and business groups, will be involved in developing the Ten-Year
Plan.
Mayor Oberndorf expressed appreciation to Mr. Friedman and inquired re the number of homeless
children. John Boylan, Homeless Policy and Resource Coordinator, advised the number of children
served last year through Project Hope totaledfive hundred thirty-three (533).
Mr. Friedman advised the inability of the Mental Health system to provide housing and services for all
those in need contributes to the number of homeless. There is a continuing discharge of patients from
facilities without housing resulting in the mentally ill being chronically homeless. The federal
government's definition of homelessness is "lacking in fixed and adequate nighttime shelter" i.e. an
individual who is not in the same place each night, on the street or in a shelter. Council Lady McClanan
is concerned re the substance abuse program. Lack of nightly supervision has allowed undesirable
activities. Council Lady McClanan believes the goal noble but there should be closer supervision. Mr.
Friedman advised the Department of Housing and Neighborhood Preservation is conducting continual
communication with the representatives of the Interfaith Agencies and many participate in the monthly
Virginia Beach Homeless, Advocacy and Resource Partnership, the community dialogue re homelessness.
Statistics shall be furnished re the homeless concerning the individual's health, length of participation
time in the program and their city of origin.
September 12, 2006
- 5 -
MA YOR'S BRIEFING
TEN-YEAR PLAN TO ADDRESS HOMELESSNESS
ITEM # 55570
Councilman Dyer referenced the example of the U$1-MILLION man from Las Vegas". After tracking all
the items consumed by one homeless individual in Las Vegas Oail, court, emergency room utilization), the
expenditure amounted to $1-MILLION.
Councilman Uhrin referenced if the Efficiency Apartments is developed in Virginia Beach, Virginia
Beach would receive a number of rooms in proportion to the City's contribution, thus the City would
receive approximately two-thirds of the rooms.
Mayor Oberndorfrequested Vice Mayor Jones to Chair the City Council Session, as she must leave for
a personal appointment. Mayor Oberndorfreturned at 5:20 P.M.
September 12, 2006
- 6 -
C IT Y MANA G E R 'S B R IE FIN G
COMMUNITY HEALTH CENTER PLAN
2:40 P.M.
ITEM # 55571
Vice Mayor Jones introduced Dr. Glen Snyders, Chairman - Health Services Advisory Board,
Pediatrician in Virginia Beach.
Dr. Snyders cited the objectives:
Objectives
· Review Virginia Beach Health
Services Advisory Board Role
· Define the problem of access
· Describe current sources of
primary care and a proposed
Community Health Center
Project
· Update efforts and
suggest next steps
Virginia Beach Health Services
Advisory Board
"To actively participate
with community
representatives in the
formulation of a
comprehensive plan for
the development,
coordination, and
evaluation of local health
services systems, and to
make formal
recommendations to City
Council and the Health
Department. "
Va Beach City Council
EnactedFebruary 7, 1995
Members
. Glenn Snyders, MD - Chair
. Vicky Gray, MPH
. Terry Jenkins, Ph.D.
. Buddy King
. Frank Lane
. Suzanne Love, MD
. Charles McCallum, III
. Mary Redd Nelson
. Susan Hellstrom
. Linda Reinersten
. June Robertson, RN
. Christopher Sawides
. Joyce Schmidt, RN
. Helen Shropshire
. Linda Lilley, PhO
. Ronald Wyles, MD
September 12, 2006
- 7 -
CITY MANA GER 'S BRIEFING
COMMUNITY HEALTH CENTER PLAN
ITEM # 55571 (Continued)
Dr. Snyders advised Access Partnership was formally established in 2002 and is a nonprofit community
collaboration of diverse stakeholders who share a common goal of improving access to health services to
the uninsured and underinsured residents of Greater Hampton Roads. The Virginia Beach Health
Services Advisory Board identified access to basic health services as top priority. The Board reviewed
Virginia Beach resources for primary health care (Hampton Roads Community Health Assessment), and
other community approaches to addressing access to care. The Board worked collaboratively with Access
Partnership to connect with community stakeholders.
Background of Problem of Access to Healthcare
Hampton Roads Community Health Assessment
2004 conducted by Stephen Horan, PhD of Community Health Solutions, Inc.
Estimated 1.3-MILLION people over 800 square miles
Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Virginia Beach
Utilized health data from state, city and regional sources e.g. Health Department, Vital
Statistics et cetera.
Used data from Sentara hospitals emergency department
Survey of community health professionals
Virginia Beach Excerpts from this Study
1. Access to Basic Health Services
54,075 Uninsured - 24,857 Under 200% Fed Poverty level
($38,500 for family of 4)- Highest # Uninsured in Hampton Roads
5,892 Seniors - Under 200% Fed Poverty level - Medicare
Access Issue
Emergency Departments seeing patients that should be seen in
ambulatory settings
2. Access to Chronic Care
Rates for Heart Disease and Chronic Respiratory Disease> than
State Average
3. Access to Mental Health and Substance Abuse
Services, Access to Oral Health Services - Issues
Consistent with Region
4. Access to Maternal and Infant Services
Good News - lower than State Average low Birth Weight
September 12,2006
- 8 -
CITY MANA GER 'S BRIEFING
COMMUNITY HEALTH CENTER PLAN
ITEM # 55571 (Continued)
(Continued)
Current Sources of Primary Health Care in Virginia Beach
Beach Health Clinic
- Free care for qualified uninsured, 15,000 patient visits/year
- Primary care, specialty care, coordinated diagnostics,
- Multiple sources of operating funds - City of Virginia Beach, United Way, individual
donors
- L1MITATIONS:Do not serve Medicare, Medicaid or individuals >200% poverty
Local Emergency Rooms
- Care for anyone
- May provide referral to community services for follow up care.
- L1MITATIONS:Long waits for primary care with negative impact on emergenVtrauma
patients & system
Virginia Beach Public Health Department
Services for targeted populations: Prenatal Ob care, gynecological services, childrens'
preventative and dental care, immunizations
- LIMITATIONS: acute care, primary care for non-targeted populations
Private Primary Care Offices
- Provide charity care for selected patient population
- LIMITATIONS: majority not accepting new Medicaid or Medicare patients
Future Sources of Primary Health Care in Virginia Beach
Community Health Center
Local, non-profit, community-run primary care
Serve all population including low income and medically underserved, Medicare and
Medicaid
Affordable primary care at reduced rates
Funded by federal grants, local grants and individual contributions
Paid administrative staff and medical staff
Located in areas where care is needed but scarce
Costs of care rank among the lowest with best quality
Currently, over 1,000 community, migrant and homeless health centers serve 3,600 urban
and rural communities in every state and territory.
Dr. Snyders advised the Virginia Beach Health Services Advisory Board voted on May 2005 to endorse a
feasibility study and pursue a federally funded Community Health Center in Virginia Beach. The Goal
is to improve access to primary care for all residents - uninsured, Medicare, Medicaid and privately
insured. On July 12, 2005, they initially presented the Health Center Plan and received support to
move forward with the feasibility study. A Steering Committee was formed, consisting of
representatives from the Virginia Beach Health Advisory Board and Department of Public Health,
Access Partnership, United Way of South Hampton Roads, Sentara Healthcare, Samaritan House,
Sentara Medical Group, Virginia Primary Care Association and community residents.
September 12, 2006
- 9 -
C IT Y MANA G E R 'S B R IE FIN G
COMMUNITY HEALTH CENTER PLAN
ITEM # ITEM # 55571 (Continued)
Goals
Community collaboration
Secure funding for feasibility study and grant writing
- Interview candidates to manage a feasibility study and project coordination
- Interview and researched grant writers to facilitate the grant proposal process
Prepare a complete grant for HRSA December 1 application
Planning Committee Formed
- Roundtable Discussion held July 2005 VB Central Library
Over 100 community members invited. Nearly 50 people attended and offered their
support
Subcommittees formed to support process and participate in the project to develop plan
for the grant
Committee Members
- Access Partnership, Beach Health Clinic, Bon Secours, CINCH, EVMS, Interfaith
Advisory Board, JCOC, Minority Health Coalition, NSU, ODU, Operation Blessing,
PICH, Portsmouth Community Health Center, Samaritan House, Senior Services,
Sentara Healthcare, The Planning Council, TCe, United Way, Virginia Beach
Department of Public Health, residents and other community leaders
Planning Begins
Federal Grant Requirements Reviewed
Grant opportunity announced by HRSA (Health Resources and Services Administration).
Grant application due December 1, 2005
Cost of Project
- Project Coordination
Grant Writer
- Administrative cost -
$12,000
$42,000
$10,000
Total
$65,000
Funding Commitments
City of Virginia Beach
- Sentara Health Foundation
United Way of SHR
$10,000
$15,000
$40,000
Total
$65,000
September 12, 2006
- 10-
CITY MANA GER 'S BRIEFING
COMMUNITY HEALTH CENTER PLAN
ITEM # ITEM # 55571 (Continued)
Dr. Snyders referenced the Needs Assessment and Grant Development Services were provided by J.
Sarkiss and Associates from Birmingham, Alabama, with project management. Federal funding changes
due to greater demand for federal assistance related to Hurricane Katrina (November 2005). The
application is as complete as possible.
Expansion Option Selected
Health Advisory Board, Steering Committee and Planning Committee agree:
Expansion of a current CHC site is the most comprehensive and cost-effective option
Brings all existing services and resources to Virginia Beach without a "learning curve"
Most likely avenue for future federal funding
Sentara Health Foundation Provides Grant
$300,000 start-up funding grant announced in April 2006
Request for Proposals publicized (newspaper, letters of invitation)
After review of the RFPs, the Steering Committee recommended:
The Peninsula Institute for Community Health
Established in 1978
JCAHO Accredited
24,000 unduplicated visits in 2005
3 primary care sites in Newport News and Suffolk
Healthcare for the Homeless
Dental Services
Pharmacy Care of Hampton Roads (central-fill pharmacy)
Community Access to Care (program for uninsured to access diagnostic and specialty services)
A search for a site is underway. The site must be in or near a medically underserved area (Ocean a
Gardens or Birdneck) and be a minimum of 2, 000 square feet with the ability to expand. A storefront
operation in a street mall would be acceptable as long as the site is within these two (2) areas.
Vice Mayor Jones inquired re the $300,000 from Sentara being a one time grant.
Gina Pitrone, Executive Director - Sentara Health Foundation, advised, at the present, this is a one
time grant for access to care. However, every year, grants are given to Access to Care projects;
therefore, the Community Health Center could reapply for funding in two (2) years. Funding from a
Community Health Center becomes available through Medicare and Medicaid eligible payments.
Basically, for every two (2) Medicare or Medicaid patients, the Health Center can treat (1) uninsured
patient. Enhanced reimbursement is received through Medicare and Medicaid; therefore, the Center
assists in funding itself through this successful model.
September 12, 2006
- 11 -
CITY MANA GER 'S BRIEFING
COMMUNITY HEALTH CENTER PLAN
ITEM # ITEM # 55571 (Continued)
Dr. Syed Kalumuddin, Chief Executive Officer, Peninsula Institute for Community Health, advised a
Community Health Center is not supported by local dollars, but a federally funded program. The cost for
each patient is $150. Funds are being brought to the community. No funding is being taken from Virginia
Beach.
Dr. Kalumuddin advised Hurricane Katrina resulted in a 1 % cut in funding in their Budget. Community
Health funding is provided through the Department of Health and Human Services. Once locked in as a
Community Health Center, the program will continue as long as in existence.
Information relative finances of the Community Health Centers shall be provided to the City Council.
September 12, 2006
- 12 -
CITY MANA GER 'S BRIEFING
HEALTH CARE AS A BUDGET DRIVER
ITEM # ITEM # 55572
3:05 P.M.
Susie Walston, Chief of Staff, advised "Health Care as a Budget Drive" is a briefingfor awareness and
information. Mrs. Walstron introduced:
Linda Matkins
Benefits Co-ordinator / Consolidated Benefits office
Barb Bailey
Ken Jeffries
Mercer Human Resources Consultants (Richmond office)
Benefits Executive Committee (City)
Susan Walston
Chief of Staff
David Hansen
Chief of Finance and Technology
Fagan Stackhouse
Director - Human Resources
Patricia Phillips
Director - Finance
Catheryn Whitesell
Director - Management Services
Mrs. Walston reiterated the information presented by David Hansen during the August 22, 2006 City
Council Session:
EXPENDITURES
FY07 - 08 Major Categories
Reserves
8%
Debt Service
11%
.. Includes $45.8M = rollover
compensation
Personnel
45%J
"Personnel . Operations o Capital CDebt Service . Reserves
September 12, 2006
- 13 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTH CARE AS A BUDGET DRIVER
ITEM # 55572 (Continued)
FY07-08 Personnel Costs
Health Inlurance
7.53%
Ufelnsurance
0.82%
Miscell.neoua Fringe
Benefits
O.22'lt1
Retirement
11.48%
.. Doee not include $45.8M rollover
FJ,C.A
554%
Other Per50nnel Costs
1.Q4%
Owrtime
2.2(5%
Part-Time
3.24%
11IIII Full-Time
CJ Other P.-sonnet Costs
. Life Insurance
. P.n-Time
.F.I.C.A
mJ Health Insurance
OOwrtime
II Retirement
. Miscellaneous Fringe a_fits
Health Care is a benefit offered as part of the City's total compensation package. A competitive package
is critical to the recruitment and retention of a quality worliforce. The challenge is to manage increasing
costs to ensure affordability into the future.
Background
. Created City and Schools Consolidated Benefits Office in 1994 as a
consolidated service administered by the VBCPS
. Moved to self-funding from fully-insured by insurance provider in
2000
(Cost = actual health care service + administration + stop-loss
premiums)
. Formed Benefits Executive Committee in 2002*
. Selected Mercer Human Resources Consulting in 2002 to assist with
issues relating to health insurance and employee benefits
. Moved to one managed care carrier in 2003
. Basic plan option added in 2004
. Point of Service Plan (POS) plan added for new retirees in 2005
*Virginia Beach City Schools is represented by Chief Financial Officer, Assistant Superintendent
for Human Resources and Comptroller.
September 12, 2006
- 14 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTH CARE AS A BUDGET DRIVER
ITEM # 55572 {Continued}
Administration encompasses approximately 4.4% of the cost and involves a third party administrator,
covers customer and member services, claims processing, negotiates the contracts through the service
providers, the credentialing of providers, furnish reports, employee identification cards. The City creates
the plan existing in Virginia Beach, not an outside insurance company.
Barb Bailey, Health Care Consultant - Mercer Human Resources Consulting, cited the Trends - Cost
Drivers
. Higher utilization of services
. New medical treatments
. More intensive diagnostic testing
. Defensive medicine
. Aging workforce
. Growing retiree population
. Unhealthy lifestyles
. Fixed dol/ar co-pays in plan design
. Double-digit prescription drug trends
High Prevalence Disease and Conditions
. Cancer
. Joint conditions and replacement
. Heart disease
. Diabetes
. Maternity
. Hypertension
Barb Bailey itemized the Historical Health Plan Costs:
Plan Year Total Health Plan Aggregate + Expensesfor City & Schools
City Split
2001 $50,200,000 $18,474,000
2002 $56,400,000 $20,642,000
2003 $60,900,000 $22,655,000
2004 $68,000,000 $26,180,000
2005 $80,300,000 $32,200,000
2006 $87,700,000 $37,886,000
2007* $97,700,000 $42,206,000
*Projected
September 12, 2006
- 15 -
C IT Y MANA G E R ~S B R IE FIN G
HEALTH CARE AS A BUDGET DRIVER
ITEM # 55572 (Continued)
National Averagefor Health Care
Increases for Governmental Employers
2005 over 2004 = 12 % (18.2%)
2004 over 2003 = 14 % (18.6%)
2003 over 2002 = 13.5% (6.2%)
Ms. Bailey advised the percentage of Government employers offering Retiree Medical Coverage (2005)
Pre-Medicare 81%
Medicare-eligible 60%
Ms. Walston itemized the City/Schools contribution and percentage of increase:
CITY
YEAR Employer % Increase From
Contribution Prior Year
2000 $2,280
2001 $2,400 5.26%
2002 $2,520 5.00%
2003 - January $3,155 25.20%
2003 - July $3,350 6.18%
2004 $3,689 10.12%
2005 $4,169 13.01%
2006 $4,585 9.98%
SCHOOLS
YEAR Employer % Increase From
Contribution Prior Year
2000 $2,280
2001 $2,400 5.26%
2002 $2,520 5.00%
2003 $3,155 25.20%
2004 $3,350 6.18%
2005 $3,852 14.99%
2006 $4,430 15.01 %
September 12, 2006
- 16 -
CITY MANA GER 'S BRIEFING
HEALTH CARE AS A BUDGET DRIVER
ITEM # 55572 (Continued)
Health Plan Review
Plan Year 2006 Plan and Proiections
· 9.1% revised trend, downfrom original projection of 10.3% due to greater than
expected savings from pharmacy changes
· Co-insurance introduced on 3rd and 4th tier pharmacy
· Co-payment added for high cost diagnostic imaging
Plan Year 2007 Plan and Proiections
· City continues to fully cover the premium cost of the "employee only" tier
(HMO)
· City & Schools contributions are equal
As of August 1,2006,5,359 city employees were eligible for health care with 5,116 enrolled. There are a
number of employees not taking advantage of the health care option. As of September, there are 5,120
employees enrolled. Employee premium costs will increase on average:
PPO 1.8%
HMO 5.2%
Basic PPO 9.0%
City Retirees
Current Enrollees: 567 Retirees on a plan
544 receiving City's contribution
Projected cost increase (total for retiree and City premiums) is 20.3%
For those retirees with 25 or more years of service, premium costs will increase an average:
POS - 26.7%, HMO - 44.4%.
Ms. Walston advised Open Enrollment for Plan Year 2007 is in October for employees and November
for retirees. The Request for Proposal (RFP) for carrier(s) is for Plan Year 2008, including medical,
pharmacy and dental
Linda Matkins, Benefits Co-ordinator - Consolidated Benefits office, spoke re the Wellness and Disease
Management expanded offerings:
Data Analysis
Sentara Disease Management Programs
Cardi04Life
Health Risk Assessment
24-Hour Nurse Line
Fitness/Weight Management
Website
Wellness Programs
September 12, 2006
- 17 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTH CARE AS A BUDGET DRIVER
ITEM # 55572 (Continued)
Health lifestyles, as well as the quality of life of the employee, have an impact on health claims, which
would ultimately affect their absenteeism and productivity.
Council Lady McClanan requested costs of staffing and consultants be provided. Cost Comparisons of
neighboring localities re health care for the past three (3) years shall be provided.
Mrs. Walston advised the costs and comparisons would be provided, but she could not advise whether all
the Health Plans equaled each other.
September 12, 2006
- 18 -
CITY COUNCIL COMMENTS
4:05 P.M.
ITEM # 55573
Councilman Wood referenced correspondence from Sheriff Lanteigne concerning a moratorium on new
jail construction and the cost to the City of Virginia Beach (approximately $1.5-MILLION). The
General Assembly voted to take funding out of the state budget this year.
Council Lady Henley requested information re local funding of jail construction.
Robert Matthias, Assistant to the City Manager, advised there is a state wide moratorium on
reimbursement to jails. An exemption from the moratorium must be received. The staff will attempt to
have the Governor place this jail construction in his budget submission.
September 12, 2006
- 19 -
AGE N DA REV IE W S E S ION
4:10 P.M.
ITEM # 55574
J. 6. Resolution re the 2007 Community Legislative Agenda and REQUEST the
local Delegation to the General Assembly sponsor and/or support
legislation that will realize the goals and objectives set forth therein.
Council Lady Wilson distributed correspondence requesting DELETION of the Bifurcated Tax Rate
from the 2007 Community Legislative Agenda.
Council Ladies Henley and McClanan will verbally vote NAYon the Charter Amendment re City
Council and School Board Elections (Charter Changes - Item 2)
Concern was expressed relative the Community input portion of the Agenda. A Revised Resolution shall
be submitted for consideration.
Robert Matthias, Assistant to the City Manager, referenced correspondence received from the State
advising funds ($10-MILLION) can be utilized for either the BRT, replacement for trolley vehicles or
purchase of the Norfolk/Southern right-ol-way.
A Matrix will be developed of the amount of local funding to supplement state services i.e.
Constitutional offices.
ITEM # 55575
J. 7.Resolution to ESTABLISH the Historic Sites Organizing Committee
re the creation andformation ofa Foundation to assist in the support
of City-owned "historic sites."
Council Lady McClanan distributed an AMENDMENT. Discussion will continue after the Closed
Session and during the Formal Session.
Lynn Clements, Director - Department of Museums and Cultural Arts, advised it is anticipated in the
future there would be other historic houses owned and operated by the City. At the present time, Mrs.
Clements advised the City owns two (2) houses and operates three (3). The Lynnhaven House is not
currently owned by the City.
ITEM # 55576
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES/ RESOLUTIONS
1. Ordinance to AMEND the City Code ~21-230 to add Oxford Drive in Kings
Grant to the Traffic Calming Program effective September 12, 2006.
2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of
Understanding (MOU) re Special Weapons and Tactics/Crisis Negotiation
(SWAT/CN) and the City's support to Fort Story.
September 12, 2006
- 20-
AGENDA RE VIE W SESION
ITEM # 55576 (Continued)
3. Ordinance to AUTHORIZE the City Manager to execute a second Amendment
to the Lease Agreement for Stumpy Lake Golf Course with an extension until
December 31,2007.
4. Ordinance to IMPLEMENT the Southside Hampton Roads Hazard Mitigation
Plan in accordance with Federal Emergency Management Agency (FEMA)
programs.
5. Ordinances to ACCEPT and APPROPRIATE:
a. $631,452 to the Clerk of the Circuit Court's FY 2006-07 Technology Trust Fund re
courtroom technology expenses
b. $284,192 in additional income from the Community Development Block Grant
Program (CDBG) to the Department of Housing and Neighborhood Preservation's
FY2006-07 Operating Budget re the creation of affordable rental housing for low- and
moderate-income households
c. $102,106 from the United States Department of Justice's Edward Byrne Memorial
Justice Assistance Grant and $28,000 of Asset Forfeiture Funds re public safety
support and criminal processing
d. $101,067 from the United States Department of Homeland Security to the Fire
Department's FY 2006-07 Operating Budget re Fire and EMS station alerting
capabilities
e. $78,949 in United States Department of Criminal Justice Services state grant funding
to the Department of Human Services FY 2006-07 Operating Budget re growing
caseloads
September 12, 2006
- 21 -
AGE N DA REV IE W S E S ION
ITEM # 55577
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda:
K. PLANNING
1. Application of MIKE'S PAINT & BODY, INC. for a
Conditional Use Permit at Progress Lane and Central Drive re
an automotive repair garage and bulk storage. (DISTRICT 6 -
BEACH)
2. Application of KAH PROPERTIES, L.L.C. for a Conditional
Use Permit at 3222 Virginia Beach Boulevard re motor vehicle
sales and service. (DISTRICT 5 - LYNNHA VEN)
3. Application of DR. ALAN MAHANES for a Chanf!e of Zoninf!
District Classification from AG-2 Agricultural District to
Conditional 0-2 Office District at 2513 North Landing Road re
a dental office and additional space for lease. (DISTRICT 7 -
PRINCESS ANNE)
4. Application of KEMP ENTERPRISES, INC. for a Chanf!e of
Zoninf! District Classification from R-5D Residential Duplex
District to Conditional A-24 Apartment District at Bonney Road
and Kenley Road re multi-family dwellings. (DISTRICT 2 -
KEMPSVILLE)
5. Application of RHO MAN COMPANIESfor a Chanf!e ofZoninf!
District Classification from R-JO Residential District to
Conditional I-I Light Industrial District on a portion of 1032
Bells Road and 1041 Olds Lane re warehouses and office-
warehouses. (DISTRICT 6 - BEACH)
Item K.3 will be DEFERRED, BY CONSENT, until the City Council Session of September 26,2006.
Item K.4. will be REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT.
September 12, 2006
- 22-
ITEM # 55578
Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property: ARP: Princess Anne District
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION (4:38 P.M.).
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
[Leftfor Medical Appointment
entered: 5:20 P.M.]
(Closed Session: 4:38 P.M. - 5:07 P.M.)
(Recess: 4:40 P.M. - 4: 50 P.M.)
(Dinner: 5:30 P.M. -6:00 P.M.)
September 12,2006
- 23 -
ITEM # 55579
Vice Mayor Jones RECONVENED the INFORMAL SESSION in the City Council Conference Room,
City Hall, on Tuesday, September 12,2006, at 5:07 P.M
CERTIFICATION OF
CLOSED SESSION
Upon motion by Councilman Dyer seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exemptfrom 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:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
[Left for Medical Appointment entered:
5:20 P.M.}
Ron A. Villanueva
September 12, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAs.. The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 55548, Page 22, and in accordance with the provisions of The Virginia
Freedom of Information A~ 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.
NOfY, THEREFORE, BE IT RESOL VED 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.
~4 ~.-
uth Hodges Smith, MMC
City Clerk
September 12, 2006
- 24-
AGENDA RE VIE W SESION
5:10 P.M.
ITEM # 55580
J. 7.Resolution to ESTABLISH the Historic Sites Organizing CommiUee
re the creation andformation of a Foundation to assist in the support
of City-owned "historic sites. "
Further discussion continued re the Resolution to ESTABLISH the Historic Sites Organizing
CommiUee.
Council Lady Henley expressed concerns re intent:
(1) Re Fund Raising
(2) Historic Preservation
(3) Mainly assisting the three (3) properties:
Adam Thoroughgood House, Francis Land House and Lynnhaven House.
Particular Friends Groups are also attempting to raise funds. There are other means of raising funds as
the Preservation Partnership established many years ago (but does not have the funding necessary to
commence its purposes). Hopefully the funds raised will be for historic preservation with a process for
division of these funds
Council Lady McClanan advised the City needs to maintain a certain amount of control. After the
Foundation begins to carry out the recommendations of the Organizing Committee, hopefully this will
provide guidance to the City and formulate policies. The historic houses should serve both educational
as well as tourism purposes.
Vice Mayor Jones believes the Resolution to organize the committee for the purpose of creating the
Foundation is a good move. One of the problems with all of the historic houses has been the lack offunds.
The City Council should be appointing the members of the Historic House Boards. Once the Foundation
is formed, a process should be established for justifying the distribution of funds.
Charles Meyer, Chief Operating Officer, advised this Resolution was originally drafted relative the three
(3) properties operated by the Department of Museums. A governance function is anticipated. The
Foundation could examine fund raising in support of a broader range of properties and would also
examine the governance issues relative the three (3) properties.
This Resolution shall be revised to encompass City Council's concerns.
September 12, 2006
- 25 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 12, 2006
6:10 P.M.
Mayor Meyer E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 12, 2006, at 6:00 P.M.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Ron A. Villanueva
[Entered: 6: 15 P.M.]
INVOCATION: Reverend Deborah R. Fair
Pastor, Charity United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27,2004, is hereby made a part of the record.
September 12, 2006
- 26-
Item V-F.J.
MINUTES
ITEM #55581
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED Minutes
of the INFORMAL and FORMAL SESSIONS of September 5, 2006.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin" Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
September 12, 2006
- 27-
Item V-G.J.aIb/c.
PUBLIC HEARING
ITEM #55582
Mayor Oberndorf DECLARED A PUBLIC HEARING:
CHARTER AMENDMENTS
Landscape Screening for abandoned retail and commercial property
Removal of May election references
Photo Red Light Enforcement Program
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
September 12, 2006
Item V-H.
ADOPTAGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 28 -
ITEM #5558
AGENDA FOR THE FORMAL SESSION
September 12, 2006
- 29-
Item v'J.
ORDINANCESIRESOLUTIONS
ITEM #55584
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances 1, 2, 4 and 5 albic/die of the CONSENT AGENDA
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 30 -
Item v,J.1.
ORDINANCES/RESOLUTIONS
ITEM #55585
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND the City Code S21-230 to add Oxford Drive in
Kings Grant to the Traffic Calming Program effective September 12,
2006.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
1 AN ORDINANCE TO AMEND CITY CODE
2 SECTION 21-230 PERTAINING TO TRAFFIC
3 CALMING VIA MAXIMUM SPEED LIMITS IN
4 CERTAIN RESIDENTIAL DISTRICTS;
5 PENALTY
6 SECTION AMENDED: ~ 21-230
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
That the Code of the City of Virginia Beach, Virginia, is
10 hereby amended and reordained to read as follows:
11 Sec. 21-230. Traffic calming via maximum speed limits in certain
12 residential districts; penalty.
13
14 Pursuant to ~ 46.2-878.2 of the Code of Virginia, any person
15 who operates a motor vehicle in excess of the maximum speed limit
16 established for any portion of the following highways located
17 wi thin the designated neighborhoods, on or after the effective
18 date, shall be guilty of a traffic infraction punishable by a
19 prepayable fine of two hundred dollars ($200.00), in addition to
20 other penalties provided by law. No portion of the fine shall be
21 suspended unless the court orders twenty (20) hours of community
22 service.
23
(1) L & J Garden: Norwich Avenue; Taj 0 Avenue; Fairlawn
24
Avenue; Dulcie Avenue.
25
(2) Acredale: Andover Road; Langston Road; Bonneydale Road;
26
Olive Road, Alton Road; Old Kempsville Road.
27
(3) Lake Shores: Jack Frost Road; Lake Shores Road.
28
(4) Little Neck: Harris Road.
1
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33
34
35
36
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42
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52
(5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S;
Regina Lane; Meredith Road, School Road, Mosby Road,
Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm
Road.
(6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr
Way.
(7) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill
Road; Baylake Road; Rampart Avenue; Bayville Road;
Lookout Road; Sandy Bay Drive.
(8) Country Haven: Stewart Drive.
(9) Fairfield: Lord Dunmore Drive.
(10) Bellamy Manor: Homestead Drive.
(11) Church Point: Church Point Road; Church Point Place;
Timber Ridge Drive.
(12) Stratford Chase: Stratford Chase Drive; Minden Road;
Violet Bank; Kittery Drive.
(13) Bayville Park: Greenwell Road (From Shore Drive to First
Court Road) .
(14) Milburn Manor: Davis Street.
(15) Lake James: Lake James Drive.
(16) Larkspur: Edwin Drive from Princess Anne Road to
Independence Blvd.
Effective as of April 6, 2004:
(1) Croatan: Croatan Road.
2
53 (2) Birdneck Point: Cardinal Road.
54 Effective as of April 5, 2005:
55 (1) Thoroughgood: Thoroughgood Drive.
56 (2) Hermitage Road.
57 Effective as of September 12, 2006:
58 (1) Kings Grant: Oxford Drive.
59
60 Adopted by the City Council of the City of Virginia Beach,
61 Virginia, on this 12th day of September, 2006.
3
NEIGHBORHOODS PARTICIPATING IN PHASE III
OF THE TRAFFIC CALMING PROGRAM,
ORDINANCE 2619
.
CHURCH POINT
* KINGS GRANT
OXFORD DR.
lAKE SHORES
CITY OF VIRGINIA BEACH
AUGUST 3, 2006
PREPARED BY
PUBLIC WORKS ENGINEERING
CADD BUREAU
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~_______________________________~______________________________________________________J
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~
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'0
o
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FAIRFIELD
COUNTt<Y HAVEN
ACREDALE
* NEW NEIGHBORHOODS
PROPOSED WITH THIS AGENDA
X1'ROJECTSMAPs.-\raffic calming.DGN M.J.S.
Rev. B /3 /06
PREPARED BY PM' ENG. CADD DEPT.
- 31 -
Item v'J.2.
ORDINANCES/RESOLUTONS
ITEM #55586
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a
Memorandum of Understanding (MOU) re Special Weapons and
Tactics/Crisis Negotiation (SWAT/CN) and the City's support to Fort
Story.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A MEMORANDUM OF
3 UNDERSTANDING PROVIDING FOR
4 SPECIAL WEAPONS AND TACTICS/CRISIS
5 NEGOTIATION TEAMS AID SUPPORT FROM
6 THE CITY OF VIRGINIA BEACH TO FORT
7 STORY
8
9 WHEREAS, Code of Virginia Section 15.2-1728 authorizes
10 local governments to enter into memorandums of understanding for
11 emergency police services with federal authorities;
12
WHEREAS,
the
City
of
Virginia
Beach
maintains
13 equipment and personnel for emergency Special Weapons and
14 Tactics/Crisis Negotiations ("SWAT/CN") team responses within
15 its own jurisdiction and areas;
16
WHEREAS, it is recognized that the location of Fort
17 Story makes the Virginia Beach SWAT /CN teams the appropriate
18 primary responder in the event of a crisis that cannot be
19 contained by Fort Story Personnel;
20
WHEREAS, Code of Virginia ~ 15.2-1728 provldes that
21
City police officers shall have the same powers,
rights,
22 bcnefi ts, privileges, and immunities as are lawfully conferred
23
upon them wit
the City when they act, in the performance of
1
24 their duties, on property, SUCh as Fort Story, that is under
25 federal authority;
26 WHEREAS, the City of Virginia Beach and Fort Story are
27 cognizant of the benefits they will derive from an agreement
28 allowing Fort Story to request the aid of Virginia Beach; and
29
WHEREAS, the City of Virginia Beach and Fort Story
30
desire to enter into a Memorandum of Understanding setting forth
31
the procedures to be followed in the event of a crisis requiring
32
the assistance of the Virginia Beach SWAT/CN teams.
33
34
35
36
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the attached Memorandum of Understanding
37 ("Agreement") for emergency SWAT /CN team responses to Fort Story
38 is hereby approved.
39
2 .
That the City Manager is hereby authorized and
40 directed to execute the Agreement on behalf of the City of
41 Virginia Beach.
42 Adopted by the Council of the City of Virginia Beach,
43
Virginia on the
12th day of September, 2006.
APPROVED AS TO CONTENT:
LEGAL
~ A. a~
Police Department
ice
2
CAI0128
V:\citylaw\00019056.DOC
R-2
September 5, 2006
3
SUMMARY OF MATERIAL TERMS
1. Events - A terrorist or non-terrorist incident, a hostagelbarricade situation, execution of high
risk warrants or drug raid that occurs on Fort Story.
2. Memorandum of Understanding - An agreement between the City of Virginia Beach and Fort
Story entered into in preparation for a response to any potential event listed above. Virginia
Beach Police SWAT ICN personnel will respond, if available, at the request of Fort Story
should such an event occur that cannot be contained by Fort Story personnel.
3. Command and Control - Virginia Beach personnel will remain under the command and
control of the Virginia Beach Police Department's On-Scene Commander and/or the Virginia
Beach SWAT/eN Team Commander.
3. Nature - Allows the City of Virginia Beach to provide police manpower and equipment, if
available, in an effort to maintain public safety during any of the above described events.
4. Term - This agreement is effective upon execution and may be terminated by either party
with 30 days written notice, or on the date control of Fort Story is transferred from the Army
to the Navy.
5. Insurance - Insurance requirements are met through the City of Virginia Beach's self
insurance program administered by Risk Management.
6. Liability - Neither party assumes liability for the negligent acts of the other party. Code of
Virginia S 15.2-1728 provides that City police officers shall have the same immunities as are
lawfully conferred upon them within the City when they act, in the performance of their
duties, on federal property (such as Fort Story), pursuant to a mutual aid agreement.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VIRGINIA BEACH, VIRGINIA
And
GARRISON COMMANDER, FORT STORY, VIRIGINA
Refs:(A) Army Regulation 525-13, Anti-terrorism; Security of
Personnel, Information, and Critical Resources.
(B) Army Regulation 190-58 Personnel Security.
(C) Department of Defense Directive 2000.12 DOD
Combating Terrorism Program.
(D) FM 3 -19 .11, Special Reaction Teams (SR T).
(E) Army Regulation 190-40, Special Incident Report.
1. PURPOSE: This Memorandum of Understanding (MOU) is
negotiated by and between the Fort Story Garrison Commander
(hereafter referred to as "the Army") and the City of Virginia
Beach, VA. (hereafter referred to as "Va. Beach"). The purpose of
this MOU is to establish a mutual understanding regarding the
responsibilities, procedures, and conditions for utilization of
Special Weapons and TacticslCrisis Negotiations (S W A T ICN) from
the above agencieslorganizations in the intervention into a non-
terrorist hostagelbarricade situations taking place on Fort Story,
Army Base, located within the City of Va. Beach. This document is
not intended as a replacement or to contradict existing
Memorandums of Understanding (MOUs) or other regulations or
laws, but rather to supplement the agreements already established in
accordance with existing guidelines.
2. MISSION: In the event of a terrorist and non-terrorist event,
hostagelbarricade situation, high risk warrants, and drug raids that
occurs at Fort Story under jurisdiction of the Provost Marshal
Office, and the cognizant Regional Public Safety Program Manager
determines it is necessary for the use of a special weapons or
tactical unit to resolve the situation, Va. Beach Police Department
will be contacted for assistance. The Va. Beach Police Department
will provide, if available, a SWAT/eN Team to respond to the scene
upon notification of a non-terrorist hostagelbarricade, high risk
warrant, and/or drug raid.
3. PROCEDURES:
A. Response: Once notified, the Va. Beach Police
Department will depart for the crisis site, if available. Once
the team arrives, the team leader will report to the Army On-
Scene-Commander (OSC) for information and to provide
advice as required. The Va. Beach CN Team will be in charge
of negotiations. The Army will provide such plan, maps, etc.
that is required by the team. In keeping with preferred
practices, whoever has established a good rapport with the
hostage takers will continue unless circumstances determine
otherwise.
B. Command/Control: Once it is determined that Va. Beach
SWAT/eN assets are to be used operational control of the
situation will be turned over to the Va. Beach On-scene
Commander. Overall operations control will stay with the
SW A TICN Team Commander. Up until the time of assault,
there will be continued discussions between Army and local
law enforcement officials to try and find a peaceful solution to
the situation. Once committed, the Va. Beach SW A TICN will
operate according to their established procedures until the
situation is resolved.
C. Assault: Any assault upon Fort Story Army Base will be
conducted only after approval from the Army OSC or Provost
Marshal Office and only after all other avenues of neutralizing
or diffusing the crisis have been exhausted. Any decision to
make an entry will be discussed with the SWAT/eN
Commander, senior CID agent on scene, Army OSC and
Provost Marshal Office before permission is granted. The
only exception to receiving prior command approval would be
exigent circumstances at the crisis site, which would endanger
the lives of the hostages and/or SWAT personnel within the
area. In this case, the decision to effect and emergency
assault will be made by the on-scene Va. Beach SWAT/eN
Commander.
D. Explosives: Use of any explosive devises for breaching of
doors, windows, walls, etc. will be conducted by the Virginia
Beach Police Department's Bomb Squad, eN Team, and on-
scene S W A T Commander.
E. Termination of Mission: The VBPD Incident
Commander may terminate support of the mission at any time
at hislher discretion. However, this decision will be discussed
with the OSC, Army CID, and Fort Eustis Provost Marshal
Office before support is terminated.
F: Post Incident Teams: Post incident crime scene teams
will consist of Army CID, Va. Beach Police Department
Personnel, and any other unit deemed necessary by the OSC.
Army CID will coordinate any substantive criminal
investigative matters.
4. RELEASE OF LIABILITY: Neither the Provost Marshal
Office, nor the United States Army shall be liable for any personal
injury, property damage, or death caused solely by any negligent
actions or inaction by the Va. Beach SWAT/CN personnel. Neither
the City of Virginia Beach or the Virginia Beach Police Department
shall be liable for any personal injury, property damage, or death
caused solely by any negligent action or inaction by the Provost
Marshal Office or the United States Army. The City of Virginia
Beach and its police officers and agents shall be entitled to
immunity granted by Code of Virginia ~ 15.2-1728.
5. COST INCURRED: Any expense incurred by the City of
Virginia Beach will be handled in accordance with references (A)
through (E).
6. EFFECTIVE DATE: This agreement shall be effective upon
signature of all parties involved.
7. MODIFICATION AND REVIEW: No changes shall be made
to this memorandum without mutual review and consent of all
parties. This agreement shall be reviewed annually or as
determined by the affected parties.
8. TERMINATION: This memorandum may be terminated by
either party, preferably with written notice of not less than thirty
(30) days from date of proposed termination. This agreement shall
terminate upon the effective date of transfer of control of Fort Story
from Army to Navy installation management.
Rev: 03/29/06- MPR
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VIRGINIA BEACH, VIRGINIA
And
GARRISON COMMANDER, FORT STORY, VIRGINIA
SIGNATURE PAGE
FOR THE CITY OF VIRGINIA BEACH
FOR THE GARRISON COMMANDER
JAMES SPORE
CITY MANAGER
CITY OF VIRGINIA BEACH, VA.
JOEL J. CLARK
LIEUTENANT COLONEL, U. S. ARMY
GARRISON COMMANDER
LEGAL REVIEW
LESLIE L. LILLEY
CITY ATrORNEY
CITY OF VIRGINIA BEACH, VA.
A. M. JACOCKS, JR.
CHIEF OF POLICE
CITY OF VIRGINIA BEACH, V A.
BEVERLY F. CORNELIUS
LIEUTENANT COLONEL, U.S. ARMY
PROVOST MARSHAL
A TrEST:
CITY CLERK
CITY OF VIRGINIA BEACH, V A.
- 32 -
Item v'J.3.
ORDINANCES/RESOLUTIONS
ITEM #55587
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute a second
Amendment to the Lease Agreement for Stumpy Lake Golf Course with
an extension until December 31,2007.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
1
2
3
4
AN ORDINANCE APPROVING THE SECOND AMENDMENT
TO LEASE AGREEMENT TO EXTEND THE TERM OF THE
LEASE FOR THE STUMPY LAKE GOLF COURSE UNTIL
DECEMBER 31, 2007
5
WHEREAS,
the City of Virginia Beach, Virginia (City) is
6 the owner of approximately 300.25 acres of land generally known
7 as Stumpy Lake, which was acquired from the City of Norfolk (the
8 Property) ;
9
WHEREAS,
pursuant to that certain Agreement of Lease
10 (Lease) dated October 1, 2001, the City leased the Property to
11 Stumpy Lake Golf Course, Incorporated (Lessee) for the operation
12 and management of the Stumpy Lake Golf Course for a term which,
13 with extensions, ends September 30, 2006;
14
WHEREAS, the Lease was amended by a First Amendment to
15 Lease Agreement, dated September 13, 2005;
16 WHEREAS, the City has issued a Request For Proposal for the
17 renovation and management of the Stumpy Lake Golf Course, and
18 negotiations are currently being conducted with Lessee;
19
WHEREAS, the Lessee has agreed to holdover and remain In
20 possession of the Property until an agreement lS reached for the
21 renovation and management of the Golf Course but no longer than
22 December 31, 2007; and
23
WHEREAS, the City and the Lessee desire to amend the lease
24 to allow an extension until December 31, 2007, or to such
25 earlier time as a new agreement is reached for the lease of the
26 property.
27
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
That the City Manager is hereby authorized to execute a
30 Second Amendment to Lease Agreement between Stumpy Lake Golf
31 Course, Incorporated and the City, for the purpose of extending
32
the term of the lease until December 31, 2007.
Provided
-:,-:,
"''''
hf"""ll'.rc"tTor
.1 i '-" 11'\1 '-' V ............L ,
that all
rom;:::a; 1'1; 1'1 rr nrn\T; co; r'\l'1 C'
...L.........I.LL'-A.....L..L.I.....L..1.L'::1 .t-'...L'-..../ \I ...J....o.....)...L...........L..LU
of the Lease,
~ ~
a.:>
34 previously amended, shall remain in effect.
35
Adopted by the Council of the City of Virginia Beach,
36
Virginia, on the
12th
day of September , 2006.
CA-I0133
PA/GG/orders/stumpy lake ord (2) .doc
September 6, 2006
R-2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~I'-/
Par s and Recreation
JrJt#:
Attorney's Office
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment")
is made as of the day of , 2006 between the CITY OF
VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the
"City") and STUMPY LAKE GOLF COURSE, INCORPORATED, a Virginia corporation
("Lessee").
RECITALS
1. Pursuant to that certain Lease dated October 1, 2001, between the City and Lessee
(the "Lease"), City leased to Lessee certain premises described in the Lease and shown on the
exhibit attached to the Lease as Exhibit A.
2. Pursuant to a First Amendment to Lease Agreement the parties agreed to a release
of an approximately 4.2 acre parcd from the leased premises.
3. Pursuant to the lease, the term of the lease and any extensions shall not exceed a
total duration of five (5) years.
4. The total duration of the original term and all extensions of the lease shall be five
(5) years on September 30,2006.
5. The City and the Lessee desire to amend the Lease to permit an extension of the
term of the lease until December 31, 2007.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Paragraph 2 of the lease is hereby amended to read as follows:
2. TERM
The parties agree that the term of this Lease is October 1, 2001 through
December 31, 2002. After the expiration of the term, upon written consent of
both parties, this Lease shall be extended month to month, under the same terms
of this Lease. The Lessee shall have sixty (60) days to vacate the property from
the date the City notifies the Lessee it does not intend to extend the Lease. In
such event, the Lessee may not continue to operate as a golf course past
December 31, 2002. During any extension period, either party may terminate this
Lease upon ninety (90) days advance written notice to the other party. The
consent for the extension must be signed by the Lessee no later than thirty (30)
days prior to the expiration of this Lease. Under no circumstances shall the
original term and the extensions exceed total duration of five (5) years. Provided
1
. however, effective October 1, 2006, this lease may be extended for an additional
extension period until December 31, 2007.
2. Except as expressly modified by this Amendment, the Lease, as amended shall
remain in full force and effect. In the event of a conflict between the terms, conditions, and
provisions of the Lease, the First Amendment and this Amendment, the terms, conditions and
provisions of this Amendment shall prevail.
2
WITNESS the following signatures and seals:
APPROVED AS TO CONTENT:
c;~ Ctt~~
CITY OF VIRGINIA BEACH,
a municipal corporation of the
Commonwealth of Virginia
By:
City Managerl Authorized Designee
ATTEST:
By:
City Clerk
STUMPY LAKE GOLF
COURSE, INCORPORATED
a Virginia corporation
By:
(SEAL)
Title:
Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
3
- 33 -
Item v'J.4.
ORDINANCES/RESOLUTIONS
ITEM #55588
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to IMPLEMENT the Southside Hampton Roads Hazard
Mitigation Plan in accordance with Federal Emergency Management
Agency (FEMA) programs.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
1
2
3
4
5
AN ORDINANCE TO APPROVE AND ADOPT THE
SOUTHSIDE HAMPTON ROADS HAZARD
MITIGATION PLAN
WHEREAS, in an effort to reduce the Nation's mounting
6 natural disaster losses, the U. S. Congress passed the Disaster
7 Mitigation Act of 2000 that requires, in part, that state and local
8 governments develop a hazard mitigation plan in order to remain
9 eligible for pre- and post-disaster mitigation funding;
10 WHEREAS, the federal and state governments provided grant
11 funds in the amount of $130,000 to the City of Virginia Beach for the
12 purpose of supporting the development of a Souths ide Hampton Roads
13 Hazard Mitigation Plan;
14
WHEREAS, the City of Virginia Beach sponsored the
15 development of a regional hazard mitigation plan including the cities
16 of Norfolk, Portsmouth, and Suffolk, Isle of Wight County, and the
17 towns of Smithfield and Windsor;
18 WHEREAS, the ultimate goal of the plan is to minimize or
19 eliminate the long-term risk to human life and property from natural
20 hazards by identifying and implementing cost-effective mitigation
21 actions;
22
WHEREAS,
the
plan
outlines
specific
actions
for
23 participating jurisdictions to undertake in reducing the impact of
24 natural hazards;
25
WHEREAS, the regional mitigation plan will meet all
26 applicable Federal regulations per the Disaster Mitigation Act of
27 2000 and local planning requirements established by the Federal
28 Emergency Management Agency (FEMA), as well as local planning
29 requirements for hazard mitigation required by the Virginia Department
30 of Emergency Management;
31
WHEREAS, a FEMA-approved mitigation plan is required for
32 local conununities to remain eligible for future grant funds made
33 available through FEMA's Pre-Disaster Mitigation (PDM) program and
34 Hazard Mitigation Grant Program (HMGP);
35
WHEREAS, funds from these programs may be used by local
36 governments and non-profit organizations to implement mitigation
37 projects at the local conununity level; and
38 WHEREAS, in accordance with Federal planning requirements,
39 the local governing body of each participating jurisdiction is
40 required to review and approve that portion of the overall plan that
41 affects them.
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA,
44
That the Southside Hampton Roads Hazard Mitigation Plan
45 Final Draft, an abstract of which is attached hereto, is hereby
46 approved and adopted for the City of Virginia Beach.
47 Adopted this -1.2.:tb day of Spptpmhpr, 2006, by the Council of
48 the City of Virginia Beach, Virginia.
APPROVED AS TO CONTENT:
. ~ <[ -1-()'
Planning Department
APPROVED AS TO LEGAL
S~CJ:ENS:Y :
City Attorney's Office
CA10144
V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\OO019746.DOC
R-2
September 6, 2006
City of Virginia Beach
Hazard Mitigation Plan - Abstract
INTRODUCTION
The following is an abstract of the Southside Hampton Roads Hazard Mitigation Plan. Its intent is to
provide a brief overview of the basic components of the plan, and to provide a list of Virginia Beach-
specific strategies to mitigate the defined hazards.
PURPOSE
This plan has been developed to satisfy the requirements of the Disaster Mitigation Act (DMA) 2000, and
is a collective effort between Isle of Wight County, Norfolk:, Portsmouth, Smithfield, Suffolk:, Virginia
Beach and Windsor. Its purpose is to identify the region's risk of natural hazards (i.e. hurricanes, tornados,
lightning storms, etc.), highlight each jurisdiction's capabilities and vulnerabilities, and detail strategies to
remedy shortfalls and further prepare the community. This plan is also a requirement for future mitigation
funding eligibility. It is important to understand the spirit of the DMA 2000 is not to impose a federal
mandate on state and local governments. Instead, it is meant to encourage proactive steps toward
protecting communities - not only through post-disaster mitigation activities, but more importantly, through
pre-disaster mitigation planning in all areas of govemment.
Mitigation is just one phase of four under comprehensive emergency management. The other three include
Preparedness, Response, and Recovery. As stated in the EOP Basic Plan:
"Hazard mitigation includes the responsibility for developing specific measures
to reduce the effects of natural or man-made hazards. Also included is the
identification and mitigation measures for other hazards that may develop.
These measures include, but are not limited to, the development of zoning laws
and land use ordinances, building codes, regulations, and licensing for the
handling and storage of hazardous materials, and the inspection and enforcement
of such ordinances, codes, and regulations (p. 37).
Logic, and history, suggests more effort in the mitigation phase will result in a decreased need in the
Response and Recovery phases. In Layman's terms, money put into mitigation projects can ultimately save
money in Response and Recovery efforts in the future. For example, the one-time cost of elevating a
structure in a flood zone will be less than the numerous losses and claims of repetitive damage through the
years.
Funding was provided by FEMA and VDEM through Hazard Mitigation Grant Program (HMGP) funds.
SITUATIONS AND ASSUMPTIONS
Situations
· The city is vulnerable to natural disasters that place the community at risk from various hazards
and consequences.
City of Virginia Beach
Hazard Mitigation Plan Abstract
July 18, 2006
. The Disaster Mitigation Act of 2000 was intended to facilitate cooperation between state and local
authorities on risk reduction measures to expedite funding allocation.
. DMA 2000 compliance requires local communities to develop hazard mitigation plans to remain
eligible for pre-disaster and post-disaster funding through FEMA.
. Plan focuses on natural hazards only, such as floods, hurricanes and tornados, and not manmade
disasters such as technological accidents or acts of terrorism.
. While the plan takes a regional approach, it details information specific to each participating
jurisdiction.
Assumptions
. City is interested in a true assessment of the threats to the community, its capabilities, and also its
vulnerabilities as a base to establish effective mitigation strategies.
. Approved plan will be a comprehensive, useable document that will result in improved measures
toward the safety of community.
. City is interested in eligibility for future pre- and post-disaster mitigation funding.
GENERAL
In order to provide the most accurate information for the City of Virginia Beach, input was solicited from
the Quality Physical Environment (QPE). The plan was also distributed to all appropriate departments for
comment.
Externally, other stakeholders invited to participate included the American Red Cross, Peninsula Hazard
Mitigation Planning Committee, National Weather Service, Virginia Department of Emergency
Management, Navy Mid-Atlantic Command, USACE Norfolk Office, and most importantly, the citizens.
Following the guidelines set forth by the Code of Federal Regulations (CFR), the committee formulated the
plan's capability assessment, risk assessment and mitigation strategies. Lastly, documentation was
performed detailing the steps intended to maintain the plan.
Capability Assessment
Examination of each participating jurisdiction's local capabilities (i.e. regulatory, administrative, technical
and fiscal) to implement mitigation activities. The assessment serves to highlight some of the positive
mitigation measures already in place as well as identify any existing gaps, conflicts or weaknesses that may
need to be addressed through future mitigation planning actions.
Risk Assessment
Includes a general hazard identification, analysis and vulnerability assessment for the natural hazards that
can affect the region in order to prioritize hazard risks and develop appropriate mitigation strategies.
Based on current and historical information, natural hazards that threaten the area were rated at a "High,"
"Medium" or "Low" consideration risk. The summary of the hazards threatening Virginia Beach are as
follows:
City of Virginia Beach
Hazard Mitigation Plan Abstract
July 18, 2006
Low
Wildfire / Drou ht, Dam / Levee Failure
Erosion
Earth uakes
Extreme Tern eratures
Sinkholes
Landslides
Note: Some natural hazards overlap. For instance, the effects of a hurricane will include strong winds,
storm surge, and possibly tornadoes.
Part of the vulnerability assessment takes into account the asset inventory of the population. Flooding is
the most frequent and costly of all natural hazards in the United States, particularly Virginia Beach. As
such, the following statistics were compiled to better understand the potential economic impact on the
community. (Similar statistical information is detailed for each hazard in the plan).
Residential
135,766
Commercial
1,393
Number of Buildin s
Industrial
115
Other
266
Total
137,540
Residential
$18,256,280,000
Buildin and Contents Values
Commercial Industrial
$2,170,665,000 $27,859,000
Other
$370,162.000
Total
$21,068,966,000
Vulnerability maps specific to High-consideration hazards to Virginia Beach are attached to this Abstract.
Mitigation Strategy
General regional goals, as well as jurisdictionally-specific local mitigation actions (projects and policy
alternatives). Each proposed mitigation action is tied to assigned implementation mechanisms, such as the
department or person responsible for carrying the specific action out, a time line for its completion and
potential funding sources, if applicable.
Regional Goals:
Goal #1: Develop plans and studies that will support the implementation of techniques that will
aid in the mitigation of natural hazards in the region.
City of Virginia Beach
Hazard Mitigation Plan Abstract
July 18, 2006
Goal #2: Conduct public education, outreach and awareness programs to help citizens better
understand hazard mitigation and ways to protect lives and property from the impact of natural
hazards.
Goal #3: Undertake cost beneficial structural projects across the region that will be beneficial to
reducing the impact of natural hazards when they occur.
Goal #4: Implement sound hazard mitigation policies into the framework of local government
operations across the region.
Virginia Beach-Specific Action Strategies:
1. Comprehensive Planning process could be expanded to better integrate the existing
mitigation related programs, as well as the mitigation philosophy to include links to the
mitigation plan itself.
2. The Open Space Program could be reviewed in light of mitigation considerations and
rationalized as part of a mitigation plan.
3. The Stormwater Management Program could be reviewed as part of the city's overall
Hazard Mitigation Plan. Projects and programs should be reviewed to identify possible
HMGP grant opportunities that might support stormwater management programs.
4. Relocation of the ComIT Data Center.
5. The city should review its Floodplain Management Program to ensure that stakeholders,
as well as program activities, are current and appropriate for the city.
6. The city should evaluate its Site Plan Review Process to consider the vulnerabilities of
natural, as well as man-made disasters. This analysis should be made part of the review
process and include mitigation and preparedness issues, where appropriate.
7. The city should consider the Virginia Uniform Statewide Building Code's current status
and determine iflobbying might be appropriate to increase the code's strength.
8. Encourage critical businesses and service agencies to consider mitigation planning and
project development to include emergency quick connects and emergency generators.
9. The city should review its property maintenance and renovation programs to ensure
mitigation programs and concepts are integrated into its operations. HMGP grants are
ways to improve property protection and maintenance, such as elevating structures.
10. The city wishes to continue its program of providing emergency power quick connect
capabilities to its sewer pump stations to support extended power outages.
11. The city might work with Dominion Virginia Power to explore strategies for putting
utilities underground to decrease their vulnerability.
12. The city should identify and consider a program to continue the hardening and retrofitting
of critical facilities.
13. Mitigation Capital Improvement Program: The city may consider, as part of the CIP
process, initiatives to identify funds for projects and to harden critical facilities, as well as
other mitigation projects under the HMGP program.
14. Subject to funding becoming available, the city will consider programming emergency
power quick connect projects for the city's critical facilities. These facilities consist of
critical city buildings, sewer and storm water pump stations where service disruption to
these facilities would be minimized to ensure better services and community protection.
15. The city should expand its public education programs and activities to ensure that disaster
preparedness information is made available to the public.
16. The city should continue with the CERT and Medical Reserve Corps (MRC) Programs
for the integration into the overall emergency preparedness community.
17. The city might consider a flood insurance education program to ensure that the public is
aware of and receives information to make an informed decision about flood insurance.
18. The city might consider business education programs to encourage businesses to plan for
disasters and disaster recovery. Planning support for internal, as well as external
organizations should be considered.
City of Virginia Beach
Hazard Mitigation Plan Abstract
July 18, 2006
19. Purchase and install flashing beacon alert signs (14) to notify motorists when new or
updated emergency messages are available via the city's low power AM Radio system.
The city's VBAM 1680 was installed in the late summer of 2005 provides warnings and
notifications.
20. Continue to build upon the communications systems to advance interoperability within
the city and the region.
21. Public Information Operation Emergency Power: Install a generator for Building 22 to
power equipment for the 24/7 non-emergency contact center.
22. The city should consider the identification of existing critical intersections for emergency
power and quick connect for wiring 80 intersections out of 220.
23. Upgrade backup power plant for the Municipal Center PBX phone switching station to
avoid loss of telephone service when commercial power fails. This switching station
provides telephone service to the Municipal Center Campus including multiple remote
sites, as well as the future E911 phone service.
24. The city will work with the COE and federal government to ensure the maintenance of
the Hurricane Protection Project and other maintained beaches within the city.
The Virginia Beach-specific mitigation strategies outlined in this plan are not concrete. This is a
living document subject to change. The intent is to keep mitigation at the forefront of future city
planning. Also, DMA 2000 does not require action within the prescribed timeframe; goals are
contingent upon available funding.
Plan Adoption / Maintenance
To ensure the Plan remains a relevant local planning document that is implemented and routinely reviewed
and updated, as necessary. At a minimum, the plan must be evaluated, updated and resubmitted to the State
Hazard Mitigation Officer every five years.
Documentation
Thorough documentation on the planning process used to prepare the Plan is included, as required by the
State and FEMA. Plan implementation involves the completion of proposed mitigation actions, including
policies and projects.
AUTHORITY
Section 322, Mitigation Planning, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as enabled by Section 104 of the Disaster Mitigation Act of2000 (P.L. l06-390) and by FEMA's Interim
Final Rule published in the Federal Register on February 26, 2002, at 44 CFR Part 201.
City of Virginia Beach
Hazard Mitigation Plan Abstract
July 18, 2006
- 34 -
Item v'J.5a/b/c/d/e
ORDINANCES/RESOLUTIONS
ITEM #55589
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE:
a. $631,452 to the Clerk of the Circuit Court's FY 2006-07 Technology Trust Fund re
courtroom technology expenses
b. $284,192 in additional income from the Community Development Block Grant
Program (CDBG) to the Department of Housing and Neighborhood Preservation's
FY2006-07 Operating Budget re the creation of affordable rental housing for low-
and moderate-income households
c. $102,106 from the United States Department of Justice's Edward Byrne Memorial
Justice Assistance Grant and $28,000 of Asset Forfeiture Funds re public safety
support and criminal processing
d. $101,067 from the United States Department of Homeland Security to the Fire
Department's FY 2006-07 Operating Budget re Fire and EMS station alerting
capabilities
e. $78,949 in United States Department of Criminal Justice Services state grantfunding
to the Department of Human Services FY 2006-07 Operating Budget re growing
caseloads
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12,2006
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$631,452 TO THE CLERK OF THE CIRCUIT
COURT'S FY 2006-07 TECHNOLOGY TRUST FUND
WHEREAS, the State of Virginia Compensation Board has
6 modified its reimbursement format for the Clerk of the Circuit
7 Court's Technology Trust Fund.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10
That $631,452 in additional State revenue is hereby
11 accepted and appropriated to the Clerk of the Circuit Court's FY
12 2006-07 Technology Trust Fund to cover the cost of courtroom
13 technology, with State revenue increased accordingly.
14
Adopted by the Council of the City of Virginia Beach,
15
Virginia on the 12th
day of September
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~t q~r~
,-J~ (' K- ~/.( ^
City Attorney's ffice
CA10140
V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\O0019550.DOC
R-2
August 31, 2006
d-.<::,.q.-Ub; 11: :d/AIVl;
;456 56B6
# 2/ 2
MC7S COIN BUDGET REQUEST
V.08012006 FY: 2007 LOC: 810 OFF: 321 VIRGINIA BEACH CITY
$4 BUDGET REQUEST FOR SERVICES
2006-08-23 12:31
$4 AVAILABLE BALANCE: $ 631,452
SEL VENDOR NAME SERVICE DESCRIPTION PURPOSE CODE TOTAL COST
AMC1ID INSTALL NEW CMS F 500000
AMC1ID INSTALL NEW CMS. F 500000
. .
AHCAD MAINTENANCE BIV 123000
AMCAD MAINTENANCE BIV 12'3000
.'
AMCAD EQUIP/SOFTWARE/CONV BIll 8452
AMCAD EQUIP/SOFTWARE/CONV BIll 8452
TOTAL $4 EQUIPMENT/ SERVICES REQUESTED: $ '631,452
$4 REMAINING BALANCE: $' 0
SELECT () A=ADD U=UPDATE D=DELETE . 0003
THERE IS-NO AVAILABLE TtmNOVER BALANCE LEFT, YOU C1\NNO'l' ADD REQUESTS
Fl=HELP F2=AUTH BDG F3=MENU F4=TOTALS F7~PREV F8=NEXT F12=MAIN
1
2
3
4
5
6
AN ORDINANCE TO APPROPRIATE $284,192 IN
ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM INCOME TO THE DEPARTMENT OF HOUSING
AND NEIGHBORHOOD PRESERVATION'S FY 2006-07
OPERATING BUDGET
7
WHEREAS, more program revenue will be realized ln the
8 Department of Housing and Neighborhood Preservation's Conununity
9 Development Block Grant (CDBG) Program due to the return of unspent
10 funding previously allocated to the Virginia Beach Conununity
11 Development Corporation for a home-ownership program for low- and
12 moderate-income households.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 That $284,192 from program income is hereby appropriated to
16 the Department of Housing and Neighborhood Preservation's FY 2006-
17 07 Operating Budget to provide additional funding to the Virginia
18 Beach
Conununity Development
Corporation's
Acquisition
and
19 Rehabilitation of Rental Housing Program to create additional
20 affordable rental housing for low- and moderate-income households,
21 with estimated revenue from program income increased accordingly.
22
Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 12th day of september, 2006.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
10~JO,
/ a ,Uyi , 1 f-.)( , --!L -' IA,~
CitY Attorney's Offgce ~
CAI0135
V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019533.DOC
R-4
August 31, 2006
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$102,106 FROM THE UNITED STATES
DEPARTMENT OF JUSTICE EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT AND
APPROPRIATE $28,000 OF ASSET FORFEITURE
FUNDS FOR THE PURPOSES OF SUPPORTING
PUBLIC SAFETY AND IMPROVING CRIMINAL
PROCESSING
9
WHEREAS, the United States Department of Justice has
10 authorized a 2006 Edward Byrne Memorial Justice Assistance grant
11 of $102,106 to the City of Virginia Beach.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
1.
That $102,106 is hereby accepted from the U.S.
15 Department of Justice and appropriated to the following agencies
16 and departments in the amounts and for the purposes set forth
17 below:
18 a. $4,575 to the Juvenile and Domestic Relations Court for
19 an information kiosk display.
20
b. $33,000 to the Police Department for new evidence
21
storage and presentation equipment.
22
c. $3,241 to the Magistrate for a new laptop to assist with
23
processing defendants.
24
d. $13,290 to the Sheriff's Department for new presentation
25
equipment at the Law Enforcement Training Academy.
26
e.
$20,000 to the Community Corrections program for
27
contracted manpower clerical support.
28
f. $28,000 to the Commonwealth's Attorney to fund 50% of an
29
additional FTE for asset forfeiture.
30
2. That estimated revenue from the Federal Government in
31 the 2006-07 Operating Budget is hereby increased by $102,106.
32
3.
That one additional FTE is added to the Commonwealth's
33
Attorney's FY 2006-07 Operating Budget.
This position will
34 terminate one year from the date of hire.
35
4.
That estimated revenue from asset forfeiture is
36 increased by $28,000 and $28,000 in estimate revenue from asset
37
forfeiture
is
hereby
appropriated
to
the
Commonwealth's
38 Attorney's FY 2006-07 Operating Budget to pay 50% of the costs
39 of the additional FTE for asset forfeiture.
40
Adopted by the Council of the City of Virginia Beach,
41
Virginia on the
12th
day of September, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
J1a;JQ-
,~/wru f. K . .ivl U/l_
City Attorney's Of~ice
CA10134
V:\applications\citylawprod\cycom32\WpdocS\D030\P001\OO019513.DOC
R-3
August 31, 2006
DeparhnentofJustice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
Washington. D.C. 20531
August 25, 2006
Mr. James Spore
City of Virginia Beach
2501 James Madison Blvd.
Municipal Center
Virginia Beach, VA 23456-9120
Dear Mr. Spore:
On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in
the amount of $1 02, I 06 for City of Virginia Beach.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Tahitia M. Barringer, Program Manager at (202) 616-3294; and
- Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov.
Congratulations, and we look fOIWard to working with you.
Sincerely,
d),jl--o
Domingo S. Herraiz
Director, Bureau of Justice Assistance
Enclosures
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$101,067 FROM THE U. S. DEPARTMENT OF
HOMELAND SECURITY TO THE FIRE DEPARTMENT'S FY
2006-07 OPERATING BUDGET TO COMPLETE STATION
ALERTING IN FIRE AND EMS STATIONS
6
WHEREAS, the City has been awarded pass-through funding
7 from the U. S. Department of Homeland Security to support the
8 response to and coordination of Weapons of Mass Destruction
9 events.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
1.
That $101,067 is hereby accepted from the U.S.
13 Department of Homeland Security and appropriated to the Fire
14 Department's FY 2006-07 Operating Budget to finalize station
15 alerting in Fire and EMS stations, with revenue from the federal
16 government increased accordingly; and,
17
2.
That James K. Spore, City Manager, or his designee, is
18 hereby authorized to execute for and in behalf of the City of
19 Virginia Beach, a public entity established under the laws of the
20 State of Virginia, this application and to file it in the
21 appropriate State Office for the purpose of obtaining certain
22 Federal financial assistance under the OJP, National Domestic
23
Preparedness Office Grant Program(s),
administered by the
24 Commonwealth of Virginia; and
25
3 .
That the Virginia Beach City Council, a public entity
26 established under the laws of the Commonwealth of Virginia,
27 hereby authorizes its agent to provide to the Commonwealth and
28
to the Office of Justice Programs (OJP)
for all matters
29 pertaining to such Federal financial assistance any and all
30 information pertaining to these Grants as may be requested.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 12th day of September ,2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
1j~Q.
~JJ~f jJ. t,~!v. /
City Attorney's 0 ~ce
CA10136
V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019535.DOC
R-2
August 30, 2006
MICHAEL M CLINE
Slate Coordmatof
COMMONWEALTH oj' VIRGINIA
Department of Emergency lvfanagement
10501 Trade Court
Richmond, VirgJM.23236-3713
(804) 897-6500
{TOO) 674-2417
FAX {8(4) 897-6500
JANET L CLEMENTS
Deputy COOrdinator
JAf,JlES IN, KECI<
Deputy Coordinator
March 31, 2006
Mr. James K. Spore
City Manager
Virginia Beach City
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Mr. Spore:
The Virginia Department of Emergency Management (VDEM) is pleased to announce an additional
allocation of the 2005 State Homeland Security Program (SHSP), CFDA # 97.067 from the United States
Department of Homeland Security (DHS), Office of Grants and Training. The 2005 Grant is designed to provide
equipment, training, planning. and exercises for first responders to develop better preparedness to prevent,
respond and recover from potential acts of terrorism.
DHS intends to guide state and local security and preparedness efforts toward a project-oriented process
to address common measurable objectives. VDEM strongly encourages each community to employ regional
approaches to planning and preparedness and to adopt regional response structures whenever appropriate to
meet the needs identified through the assessments and in the Commonwealth's Homeland Security Strategy.
Each of the seven regions in the Commonwealth has been allocated $402,762; which has been divided between
the jurisdictions within each region on a per capita basis.
Your community has been allocated a total of $101.067.00. This funding must be used according to the
requirements specified by DHS. A copy of the directions and guidance provided by the Department of Homeland
Security may be found in attachment one (1). You will notice that the Approved Equipment List is in combination
with other programs, the SHSP approved equipment is listed ONLY in the first (1~ column. Compliance with the
rules and conditions set forth by DHS is mandatory.
Under the preparedness enhancement portion of this 2005 grant award. subgrantees are allowed to
spend funds in four (4) areas of need in First Responder Preparedness_ They are as follows:
1. Equipment Acquisition
2. Training
3. Planning
4. Exercise
"fVorkil1g to Protect People, Propert)' and Our Communities"
Mr. Spore
March 31, 2006
Page 2
Completion of the Bi-Annual Strategic Report (BSIR) report will also be required until the end of the grant
period. In addition to the BSIR, the regular grant application forms must be completed and returned to VDEM by
June 1,2006. Funds will not be released until we have received forms from your locality.
With the 2005 Grant, the Commonwealth will only send grant funds to a sub-grantee a maximum of 120 days
prior to purchase of allowable expenditures. To accomplish this, VDEM will forward a "Request for Drawdown"
form once you have completed your application process. You may request all of your funds at one time, or
spread your request out over the grant period up to a maximum of 5 drawdowns. You must use this form for
each request and, as you will see, the form is designed to result in your new balance after each drawdown
request. You will need to attach a list of what you are planning to purchase to each request. Please note that
the form is to be signed each time and mailed to us. Paid invoices for drawdown amounts are due no later than
140 days from the drawdown request date.
As with other DHS grants, your locality is required to retain and submit to VDEM a copy of your paid
invoices to complete your grant file and be compliant with the grant rules and audit requirements. As soon as a
payment is made, please forward your paid invoice copies to VDEM. Taking action right away, we believe, will
help minimize confusing one grant for another. You have until January 31. 2007, to obligate your funds under
the DHS 2005 State Homeland Security Program. The original paid invoices and receiving reports will reside
with your purchasing office with copies provided to VDEM. These reports should be held for at least three years
after the end of the grant period and are subject to audit by DHS and/or the Commonwealth of Virginia.
This award is subject to all administrative and financial requirements, including the timely submission of
all financial and programmatic reports, resolution of all interim audit findings. Should you not adhere to these
requirements, you will be in violation of the terms of this agreement and the award will be subject to termination
for cause or other administrative action as appropriate. Attached you will find the Special Conditions document.
Please initial the Special Condition oaae and submit it with your arant application packaae.
I appreciate your prompt attention to this matter. You are encouraged to contact Julian Gilman, Cheryl
Adkins, or Joann Maher at (804) 897-6500 for help with this grant or if you need any additional information_
Sincerely,
~~ffC~
Michael M_ Cline
MMC/JDG/cj
Cc: The Honorable Robert P. Crouch, Jr., Assistant to the Governorfor Commonwealth Preparedness
The Honorable John W_ Marshall, Secretary of Public Safety
Ms. Janet Clements, Chief Deputy State Coordinator
Mr. James W. Keck, Administrative Deputy State Coordinator
Mrs. Linda l. Coleman, Chief Financial Officer
Attachments
"Working to Protect People, Property ami Our Communities"
1 AN ORDINANCE TO ACCEPT AND APPROPRITATE $78,949 IN
2 DEPARTMENT OF CRIMINAL JUSTICE SERVICES STATE
3 GRANT FUNDING TO ADDRESS GROWING CASELOADS
5 WHEREAS, the Department of Criminal Justice Services awarded the
6 Department of Human Services an additional $78,949 in state grant
7 funding to address growing caseloads.
8
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 (1) That $78,949 in state grant funds is hereby accepted from the
11 Department of Criminal Justice Services and appropriated to the FY
12 2006-07 Human Services Operating Budget to address growing caseloads,
13 with state revenue increased accordingly.
14 (2) That one FTE, a Pre-Trial probation Officer I, with fringe
15 benefits, is added to the Department of Human Services for the
16 duration of the grant.
17 Adopted by the Council of the City of Virginia Beach, Virginia,
18
on the 12th day of
September
, 2006.
Requires an affirmative vote by a majority of the members of the
City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ ~ K. .~Lv-
City Attorney's 0 ice
Management Services
CAI0139
V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO019540.DOC
R-3
September 6, 2006
COMMONWEALTH of VIRGINIA
Leonard G. Cooke
Director
Department of Criminal Justice Services
July 14, 2006
202 N. Ninth Street
Richmond, Virginia 23219
(804) 786-4000
FAX (804) 371-8981
TDD (804) 386-8732
Mr. James K. Spore
City Manager
City of Virginia Beach
2401 Courthouse Drive
Virginia Beach, VA 23456
q
!'
llll
dUL
1 '-> 2006
Title: Community Corrections
.', '~".i
Dear Mr. Spore:
The original grant award information, dated July 10, 2006, has been revised to reflect an increase in the
total amount of awarded funds for fiscal year 2007. Enclosed you will find a "revised' Statement of Grant
Award. To indicate your acceptance of the award and the special conditions (previously submitted), please sign
the award acceptance and return it to Janice Waddy, Grants Administrator, at the Department of Criminal
Justice Services (DCJS). Please review the conditions carefully; as some require action on your part before we
will disburse grant funds.
. !'.',', ~
We appreciate your interest in this grant program and will be happy to assist you in any way we can to
assure your project's success. If you have any questions, please call Paula Harpster at (804) 786-1140.
Yours very truly,
~~~},u~d~
Grants Administrator
Enclosures
cc: Ms. Sharon Jones, Supervisor
Ms. Patricia K. Phillips, Finance Director
Ms. Paula Harpster, DCJS
Criminal Justice Service Board, Committee on Training' Advisory Committee on Juvenile Justice
Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Ptograms
Private Security Services Advisoty Board' Criminal Justice Information Systems Committee
Department of Crimina I Justice Services
202 North 9th Street, 5th Floor, Richmond, V A 23219
Statement of Grant A~ard/Acceptance
Subgrantee: Va Beach City
Date: July 14, 2006
Grant Period:
From: 07/01/2006
Through:
06)30/2007
Grant Number:
07-K6355CC07
Project Director Project Adminis trator Finance Officer
Ms. Sharon Jones Mr. James K. Spore Ms. Patricia K. Phillips
Supervisor City Manager Finance Director
City of Virginia Beach City of Virginia Beach City of Virginia Beach
2425 Nimmo Parkway 2401 Courthouse Drive 2401 Courthouse Drive
Virginia Beach, VA 23462 Virginia Beach, VA 23456 Virginia Beach, VA 23456
Phone: (757) 385-4689 Phone: (757) 385-4242 Phone: (757) 385-4681
Email: sjjones@vbgov.com Email: Jspore@vbgov.cOln Email: PPhillips@vbgov.com
Grant Award Budget
DCJS Funds
Budget Categories Federal State Locality Match TOTALS
Consultant $0 $0 $0 $0
.
Equipment $0 $0 $0 $0
Indirect Cost $0 $0 $0 $0
Personnel $0 $0 $0 $0
Supplies/Other $0 $0 $0 $0
Travel $0 $0 $0 $0
Totals $0 $945,755 $0 $945,755
This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special
conditions attached thereto. l. f'\ (J
.~~<O. ~
Leonard G. Cooke, Director
The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby
accept this grant and agree to the conditions pertaining thereto, this day of , 20 .
/d;. '_') -' ) ~ j
..- '. ,- ,d ,I .....r/ -oJ 1._' r; r/'; .
/ ('lvClUett t.::;,. ZG{Lll:fJY}
n j. ',r1 . (> -~. . _ {)O
IrllfCt (}.,.... .....S+d-,H
Signature:
Title:
- 35 -
Item v'J.6.
ORDINANCES/RESOLUTIONS
ITEM #55590
Upon motion by Council Lady Wilson, seconded by Councilman Villanueva, City Council ADOPTED,
Pages 1-32 of the 2007 Community Legislative Agenda*:
Resolution re the 2007 Community Legislative Agenda and REQUEST
the local Delegation to the General Assembly sponsor and/or support
legislation that will realize the goals and objectives set forth therein.
*DELETING Item 1 Bifurcated Tax Rate re City of Virginia Beach Non-Funding Items.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley*, Vice
Mayor Louis R. Jones, Reba S. McClanan *, Mayor Meyera E. Oberndorf,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
Council Ladies Henley and McClanan verbally voted NAY on the Charter Amendment re City Council
and School Board Elections (Charter Changes - Item 2)
September 12, 2006
1
2
3
4
5
6
7
8
9
10
11
A RESOLUTION ADOPTING THE CITY'S 2007
COMMUNITY LEGISLATIVE AGENDA, WHICH
INCLUDES PROPOSED CITY CHARTER
AMENDMENTS, AND REQUESTING THAT THE
CITY'S LOCAL DELEGATION TO THE GENERAL
ASSEMBLY SPONSOR AND/OR SUPPORT
LEGISLATION THAT WOULD CARRY OUT THE
GOALS AND OBJECTIVES SET FORTH THEREIN
WHEREAS, the City Council traditionally adopts a Community
12 Legislative Agenda and requests member of the City's local
13 Delegation to the General Assembly sponsor and/or support
14 legislation therein; and
15 WHEREAS, the City Council has considered a number of goals
16 and objectives for inclusion in the city's 2007 Community
17 Legislative Agenda; and
18
WHEREAS, the 2007 Community Legislative Agenda includes
19 proposed amendments to the City Charter, and such amendments
20 were the subject of a properly advertised public hearing;
21 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
That the City Council hereby adopts the City's 2007
24 Community Legislative Agenda, which is attached hereto and is
25 hereby incorporated by reference.
26
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
That the City's Delegation to the General Assembly is
29 hereby requested to sponsor and/or support legislation in the
30 2007 Session of the General Assembly that would carry out the
31 goals and obj ecti ves of the City as set forth in its Community
32 Legislative Agenda.
33
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
That the City Clerk is hereby directed to transmit a copy
36 of this resolution to each member of the City's local Delegation
37 to the General Assembly, along with a publisher's affidavit
38 showing that the public hearing for the proposed charter
39 amendments was advertised and a certified copy of the minutes
40 from today's meeting that reflects the action taken during the
41 advertised public hearing.
42 Adopted by the City Council of the City of Virginia Beach,
43
Virginia, this 12th day of September
, 2006.
APPROVED TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
City Attorney's Office
CA10142
V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00019557.DOC
R-3
September 6, 2006
COMMUNITY LEGISLATIVE AGENDA
GENERAL ASSEMBLY' SEsSION 2007
CITY OF fflR6/NIA BEACH
BUILD/N6 '~ COMMUNrrYFOR A LIFETIME"
MUNICIPAL CENTER BUILDING ONE
2401 COURTHOUSE DRIVE, SUITE 234
VIRGINIA BEACH, VIRGINIA 23456
Adopted by City Council
September 12, 2006
2007 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
TABLE OF CONTENTS
Page #
TABLE OF CONTENTS - 1-2
PREFACE - 3-4
CHARTER CHANGES - 5-7
1. Abandoned Retail Establishments 5
2. City Council and School Board Elections 5-7
3. Photo Red Light Enforcement 7
CITY OF VIRGINIA BEACH NON-FUNDING ITEMS - 8-20
1. Confidentiality of Juvenile Justice Records - Gang Activity 8
2. Civil Penalties for Fire Code Violations 8-10
3. Child Endangerment from Illegal Fireworks 10
4. Transfer of Property for Laskin Road Improvement Project 11
5. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income 11
6. Medicaid Coverage for Out of State Residential Placements 12
Review of Applications for State or Federal Funds or Services Used in
7. Substance Abuse Programs 12-13
8. Workforce Housing - Amendment to Virginia Code Section 15.2-2304 13
9. Recommendation for JLARC to Do a Comprehensive Study ofVRS 14
Benefits
10. Better Reporting ofVRS Actuarial Data to Localities 14
11. Unclaimed Property Program 15
12. Patrol and Enforcement of Federal Safety and Restricted Zones 15
13. Carrying a Concealed Weapon 16
14. Background Investigations of Law Enforcement Applicants 16
15. Required Crash Reports 16-17
16. Pawn Shop, Records and Property 17
17. Definitions of "Criminal Street Gang" and "Predicate Criminal Act" 17 -18
18. Endorsement of Governor Kaine's Enhancing Opportunities for Small, 18
Women and Minority Owned Businesses
19. Downsizing of State Facilities for Mental Health and Mental Retardation 19
20. Tax Relief for Senior Citizens - Constitutional Amendment 19-20
21. Creation of State Insurance "Wind Pool" 20
Page 1
CITY OF VIRGINIA BEACH FUNDING ISSUES -
1. Group Home Beds in the Locality for Youth Needing Out of Home
Placement
2. CSA Administrative Allocation
3. Support for Additional State General Fund Dollars for Mental Health
Programs
4. Funding for the Virginia Beach Juvenile Detention Center
5. State Aid to Virginia Public Libraries
6. Info-Powering the Commonwealth
7. Virginia Beach and Tee Lifelong Learning Center
8. Sheriffs Work Release Facility
9. Transportation
10. Virginia Aquarium, Marine Science Center Marine Animal Research &
Conservation Initiatives
11. Virginia Beach Convention Center Funding
12. Contemporary Art Center of Virginia Funding
13. The Sandler Center for the Performing Arts Funding
Page 2
Page #
21-31
21
22
22-23
23
23
24
24-25
25-26
26-27
27-28
28-29
29-30
30-31
2007 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
PREFACE
The 2007 General Assembly Session will be a very important Session for local
governments and the Commonwealth at large. Although the General Assembly was able,
after much consternation, to adopt a budget for the biennium, there still remains much to
be done on the budget and other issues during the 2007 Session. Recently, for instance,
localities were made aware of the miscalculation in the amount money that would be
available for school systems due to an error in accounting of sales tax revenue to local
governments and the Commonwealth. Although the General Assembly has pledged to
make localities "whole" for the first year of the biennium (including the $6 million loss
that would have accrued to the school system in Virginia Beach) they have not been as
forthcoming about making the school systems whole in the second year of the biennium
where the City estimates it would cost the City $8 million. This should be priority
number one for the Commonwealth when the 2007 Session begins.
Although the sky rocketing real estate assessments in the past several years have certainly
moderated, especially in Northern Virginia where according to newspaper accounts the
next increases will be less than 3%, there will still likely be pressure on the General
Assembly to limit local government taxation powers. The City of Virginia Beach, as well
as most local governments throughout Hampton Roads, remains ardently opposed to such
a limitation. The City reduced the real estate tax rate by $1.22 to $0.99 since 2005,
thereby reducing the yield of the real estate tax by $103 million. As was stated in the
2006 Community Legislative Agenda, "City Council does not need the assistance of the
General Assembly to set property tax rates, to allow homestead exemptions or to cap
assessment increases. City Council responds to its citizens and their concerns."
As has been stated in the Community Legislative Agenda many times, if the General
Assembly fully funded the true cost of state mandated government functions, such as
education, courts, corrections, mental health and social services, then local governments
could reduce the real estate burden markedly. For instance, in the City of Virginia Beach
we currently put over $161.4 million into education above and beyond what is required
by the Standards of Quality. This equals approximately $0.29 on our real estate tax rate.
Although the General Assembly calls this local aspirations, our citizens and the parents of
children in our school system demand a quality educational experience with high-
standardized test scores to meet the Standards of Learning (SOL).
If the General Assembly fully funded the true cost of education for instance, this would
allow the City the option to reduce the real estate tax rate by $0.29 in FY 2008. Another
example is that City Council is required to match the salaries of every deputy in the
Sheriffs department and pay the total salaries of 55 deputies. This is so that our Sheriff,
Page 3
a state official, can successfully recruit and reclaim deputies who provide a much-needed
public safety service. Again as mentioned in last year's Community Legislative Agenda,
the State should fully fund State services before it considers limiting the localities ability
to provide the necessary funding to keep State services in satisfactory operation.
The General Assembly also failed during the 2006 Session to address the under funding
of the car tax relief program. When the car tax was capped during the 2004 General
Assembly session there was approximately $270 million of under funding in car tax
reimbursements to localities. This means that localities like Virginia Beach, who are so-
called "spring billers", are reimbursed from the following fiscal year, instead of the year
in which the year the car tax relief is provided. The General Assembly should fix this
budget inaccuracy immediately. Localities would not be allowed to pay for current fiscal
year liabilities with future fiscal years revenue.
Finally, the General Assembly has not addressed the transportation issue, although a
Special Session of the General Assembly may happen before the start of the 2007
Regular Session - it still remains highly likely that this action will leave transportation
woefully under funded. As the City has repeatedly expressed, a statewide transportation
revenue shortfall of close to $1 billion per year exists. Unless this is addressed soon the
City will see even more pronounced cutbacks in the amount of urban allocation funds
available to the City, for roads such as Nimmo Pkwy, Princess Anne Road, Witchduck
Road Interchange, Witchduck Road improvements, Lynnhaven Parkway improvements,
Shore Drive improvements, etc. Furthermore, the General Assembly will likely
inadequately address the needs identified by the Metropolitan Planning Organization
(MPO).
There is still $275 million in long-term revenues needed in the region as well as the
ability to toll both new and existing parallel facilities. The General Assembly also needs
not to interpose its will in the Federal mandated MPO process. Prioritizing Route 460 for
instance, as a higher priority than 1-64 on the Southside, makes little sense. Allowing
travelers to utilize an improved Route 460 to then be stuck on four lanes of a very
congested highway along 1-64 in Chesapeake is counter intuitive and makes little sense.
This is also true if a new Southeastern Parkway and Greenbelt was constructed and then
to be hamstrung by an unimproved 1-64 in Chesapeake.
Finally, transportation funding should not be done at the cost of funding other State
services. New revenues need to be found for transportation rather than stealing from
under funded services as mentioned above, such as, education, public health, corrections,
etc.
Page 4
CITY OF VIRGINIA BEACH
2007 CHARTER CHANGES
1. SCREENING ABANDONED ESTABLISHMENTS - CHARTER CHANGE
Andy Friedman
Department Director
Housinf? and Neif?hborhood Preservation
Background Information:
There are numerous abandoned retail and commercial properties on main intersections in
Virginia Beach. These abandoned structures become blighted and require continuous
attention from Code Enforcement for Code violations. The utilization of "spot blight"
procedures against these properties is too limited, requiring acquisition as the final,
expensive and time consuming, option.
Request:
The General Assembly is requested to amend the charter to authorize the City to require
the addition of landscape screening for retail and commercial properties that have been
abandoned for three (3) years or more in certain designated areas of the city.
2. CITY COUNCIL AND SCHOOL BOARD ELECTIONS - CHARTER CHANGE
Les Lilley
City Attorney
City of Virf?inia Beach
Background Information:
On June 27, 2006, City Council adopted an ordinance that amended City Code S 2-15 to
provide that City Council and School Board elections shall take place during the general
election in November 2008 and during the November general election in even years
thereafter. This ordinance was adopted pursuant to Virginia Code S 24.2-222.1.
Pursuant to that section, Council Members whose term of office expires on June 30 shall
continue in office until their successors take office on January 1.
Request:
Although the City Code has been amended to provide for November elections, the City
Charter references May elections. The General Assembly should amend the City's
Charter as follows:
Page 5
Sec. 3.02:1. Election of Council Members.
There shall be a general election on the first Tuesday in May in e':en
nl:1mbered years for the election of cOl:1neilmembers to replace those whose
terms expire at the end of Jl:1ne of that year. Pursuant to an ordinance
adopted by City Council on June 27, 2006, City Council elections shall
take place during the general election in November 2008, and during the
November general election in even years thereafter, for councilmembers
whose terms expire at the end of December of that year. Councilmembers,
including the mayor, whose terms expire as of June 30, 2008 or June 30,
20 I 0 shall continue in office until their successors have been elected at the
November election and take office on January 1. The term of office for
each council member shall commence on :H:Hy January 1 next following the
date of election and shall continue until his successor has been duly
elected and qualified. Each candidate shall state, at the time of filing,
whether he is running at-large, from the district of his residence or for
mayor. Candidates for council shall be nominated only by petition in the
manner prescribed by general law .
Sec. 3.02:2. Election of mayor.
The mayor shall be elected at the general election on the first Tl:1esday in
May 1988 in November 2008, and each fourth year thereafter, to serve for
a term of four years. Candidates for mayor shall run for one of the at-large
seats. A candidate running for mayor shall not run for any other seat.
In the event any councilman, including the mayor, shall decide during his
term of office to be a candidate for mayor, he shall tender his resignation
as a councilman not less than ten days prior to the date for the filing of
petitions as required by general law. Such resignation shall be effective on
June 30 December 31, shall constitute the councilman's intention to run
for mayor, shall require no formal acceptance by the remaining
couneilmen councilmembers and shall be final and irrevocable when
tendered.
The unexpired portion of the term of any eouncilman councilmember who
has resigned to run for mayor shall be filled at the same general election.
Sec. 16.04. Election of the board.
A. ,^.t the general election held in May of 1991, the qualified voters of
the city shall elect one board member from each of the boroughs of
Bayside, Kempsville, Lynnhaven, and Pungo for terms of four years, and
two at large members for terms of four years. ,^.t the general election held
in May of 1996, the ql:1alified voters of the eity shall eleet one board
member from each of the borol:1ghs of Blaekv:ater, Prineess ;\nne, and
Virginia Beach for terms of tv: 0 years, and two at large members for terms
of four years. Beginning with the general election held in May of 1998, a
All board members shall be elected in the same manner and according to
the same schedule that councilmembers are elected. Thereafter, all board
members SHall Be elected.. for terms of four years. Beginning in 1998, and
Page 6
every two years thereafter, there shall be a general election in May for the
eleetioH of board members to replaee those v..hose terms expire at the end
of June of a given eleetioH year. The term of office for each elected board
member shall commence on the first day of :ffily January next following
the date of election and shall continue until a successor has been duly
elected and qualified. Pursuant to an ordinance adopted bv City Council
on June 27. 2006. board members whose terms expire as of June 30. 2008
or June 30. 20 I 0 shall continue in office until their successors have been
elected at the November election and take office on January 1. Each
candidate shall state at the time of filing whether he is running at large or
from the borough of his residence.
B. Each of the eleven elected board members shall be elected by the
voters of the city at large.
3. PHOTO RED LIGHT ENFORCEMENT - CHARTER CHANGE
Virginia Beach Police Department
Background Information:
Red light running, which is defined as the act of a motorist entering an intersection after
the traffic signal has turned red, caused almost 5,000 crashes in Virginia in 2003,
resulting in at least 18 deaths and more than 3,800 injuries. (VDOT, 2004)
Annually, the costs incurred by the City of Virginia Beach are over 2.5 million
dollars in societal damages.
Red light cameras can reduce crashes. Fairfax, V A had a 41 % reduction of red light
related violations and crashes after the first year of implementation (National
Cooperative Highway Research Program). The City of Virginia Beach's photo
enforcement program titled PHOTOSafe Virginia Beach showed similar results.
Over 80% of the City of Virginia Beach's residents indicated that they were in favor of
the Photo Red Light Enforcement Program as indicated in a statically valid poll.
Request:
The General Assembly is requested to amend the charter of Virginia Beach to allow a
Photo Red Light Enforcement Program in the City. This program would include all the
safe guards built into the enabling legislation proposed in the 2006 Session.
Page 7
CITY OF VIRGINIA BEACH
2007 NON-FuNDING ITEMS
1. CONFIDENTIALITY OF JUVENILE JUSTICE RECORDS - GANG ACTIVITY
Police Department
Human Services Department
Background Information:
Virginia Code S 16.1-300.A.6 requires law enforcement officers, school officials, and
probation officers that have a legitimate interest in a juvenile case to obtain a court order
before being allowed access to the social, medical, psychiatric and psychological reports
and records of children who are or have been: before a court, under court supervision,
receiving services from a court service unit, or committed to the Department of Juvenile
Justice. A court order is not required for several other officials and agencies that have
legitimate interests in a juvenile case. Instead, the law provides strict parameters around
the circumstances under which such information may be released to those individuals.
Law enforcement officers, school officials, probation officers, and juvenile courts need to
be able to immediately share information during the investigation of criminal gang
activity. Obtaining court orders every time information is needed is cumbersome and
time-consuming and could impair time-sensitive gang-related investigations.
Request:
The General Assembly is requested to amend the State Code to allow law enforcement
officers, probation officers, and school officials' access to juvenile court records when
such officials are conducting an investigation into gang activity involving a specific
juvenile.
2. CIVIL PENALTIES FOR FIRE CODE VIOLATIONS
Chief Greg Cade
Fire Department
Background Information:
The Virginia Statewide Fire Prevention Code (SFPC) provides for the use of summonses
for fire code violations when the Fire Official is trained in accordance with the Code of
Virginia (s 27-34.2). Violations of the SFPC are Class I misdemeanors (s 27-100).
Page 8
Many businesses that become repeat offenders of the Fire Code rotate managers or
responsible parties so that when a violation is caught the summons goes to a different
person each time. When a magistrate summons is issued to a legal officer of the business
the resulting defense is one of denial of responsibility because they were not on site.
Summonsing the manager or responsible person who is on site results in a defense that
they were acting as directed or that they had no knowledge of the occurrence of the
violation of the ability to control the violation. This results in the Fire Official having to
issue multiple summonses and or subpoenas to get all of the parties before the judge to
sort out responsibility. In many cases since the responsible party is not brought into court
they see this as a cost of doing business. This is a burden on the court system and on
municipal resources. These cases usually result in multiple continuances with
adjudication for a single offense sometimes exceeding eight to twelve months.
Request:
The General Assembly is requested to provide for civil penalties within the Virginia
Statewide Fire Prevention Code (SFPC). The proposal would provide the option for
localities that enforce the SFPC to establish a civil penalty process and fee schedule if
they elect to use civil penalties. The maximum penalty per violation should be capped at
$2500, the maximum fine for a Class I misdemeanor.
Civil penalties that could be levied against the business would provide for a greater
incentive for the business to comply with the Fire Code. The defendant would be
provided due process using the appeals process provided within the Fire Code. The civil
penalty, when levied against a business, results in bringing the responsible party forward
to either defend the business or pay the penalty. The civil penalty unveils the true
responsible party.
SAMPLE CIVIL PENALTY SCHEDULE
15t violation $500
2nd violation within 12 calendar months $1000
3rd violation within 12 calendar months $2000
4th and subsequent violations within 12 calendar months $2500
. A jurisdiction would be required to adopt a fee schedule using the ordinance
process
. All collections of fees would be within the existing framework of tax collection
within the jurisdiction
. No business or individual could be subjected to a civil penalty and a summons for
the same offense
. Fees collected would go to the local Fire Official to support enforcement activities
Civil penalties provides for an alternative method to address violations of the SFPC and
in many instances will eliminate salaried workers from being either charged with a
violation of the SFPC or being subpoenaed to court for being in the wrong place at the
wrong time. Civil penalties reduce the burden on an already overwhelmed judicial
Page 9
system. A civil penalty would provide for a more timely resolve to violations making it
less attractive to violate the Code and then manipulate the system while continuing to do
business in the same unlawful manner. Civil penalties would, hopefully, result in a safer
Commonwealth for our citizens and visitors.
3. CHILD ENDANGERMENT FROM ILLEGAL FIREWORKS
Chief Greg Cade
Fire Department
Background Information:
Fireworks are strictly regulated in the Code of Virginia and the Virginia Statewide Fire
Prevention Code. The City of Virginia Beach strengthens the Code, declaring all
fireworks illegal for use, sale or storage. Fireworks have become an increasing problem
in the city on major holidays, such as Memorial Day and Independence Day. The quantity
and quality of fireworks has continued to increase with professional quality fireworks
being made available to consumers through out-of-state purchases and over the Internet.
These fireworks pose a considerable hazard to both life and property. In many instances
adults and fall into the hands of children obtain these fireworks. The fireworks problem
out paces all enforcement efforts and the problem continues to increase every year. This
year there were a number of children treated in emergency facilities across the city as a
result of fireworks injuries.
Request:
The General Assembly is requested to enact mandatory reporting by all emergency
medical facilities and Emergency Medical Technicians for all juvenile fireworks injuries.
Reports should be filed with Child Protective Services (CPS) with the requirement that
CPS forward the information to the local Fire and Police Official for further
investigation. The investigation findings would be shared with CPS, and as a joint effort
between Law Enforcement, Fire and CPS, each incident would be addresses. The intent
of the investigation is to seek out parents who knowingly allow a child to utilize
fireworks. The investigation would also help reveal where some of these more dangerous
fireworks are coming from with the hope that additional enforcement actions could limit
the influx of illegal fireworks into Virginia or may support increasing the penalty to a
felony for selling fireworks. The felony charge would allow offenders to be brought to
justice when out of state.
4. TRANSFER OF PROPERTY FOR LASKIN ROAD IMPROVEMENT PROJECT
James K. Spore
City Manager
City of Virginia Beach
Page 10
Background Information:
In the course of designing the Laskin Road Improvement Project east of Birdneck Rd, the
City has identified several parcels of land that seem to be owned by the Commonwealth
of Virginia. Under existing State law, the State can transfer property through sale or
otherwise to localities without General Assembly (GA) approval. The exception to the
law is if the property is sub aqueous bottom (basically land below the high water mark)
specific legislation needs to be adopted by the GA. There is some doubt as to whether
the property needed for the Laskin Road project is indeed sub aqueous bottom.
Request:
This item is a placed holder for a request for the GA to authorize the sale of sub aqueous
bottom needed for the Laskin Road Improvement Project. Such legislation will only be
necessary if continued investigation, by both the Commonwealth and the City,
determines that the property in question is indeed sub aqueous bottom. Otherwise, the
State may transfer the property through sale or otherwise to the City without GA action.
5. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED
INCOME
Terry Jenkins
Department Director
Human Services
Background information:
Under current Virginia law, the local Department of Social Services must discontinue
Medicaid to a foster care child between the ages of 19 and 21, if the foster child earns
more than $193.74 in gross income per month. These foster children need to have the
benefit of Medicaid to cover the cost of their medical expenses, and they also need to
have the opportunity to earn income beyond the current limitations. This law appears to
be in direct conflict with the independent living program for foster children. The
independent living program was designed to assist children in foster care aged 16-21 in
becoming self-sufficient. Achieving the goal of self-sufficiency must include the
opportunity for youth to earn income that will prepare them for survival in an
independent living situation.
Request:
The General Assembly is requested to direct the Department of Medical Assistance
Services to adopt regulations amending title 32.1 of the Code of Virginia to allow foster
children between the ages of 19-21 to be exempt from the income limitation, thus
allowing them to remain eligible for Medicaid. This would give older foster children the
opportunity to earn the income necessary to achieve the goal of self-sufficiency.
Page 11
6. MEDICAID COVERAGE FOR OUT OF STATE RESIDENTIAL PLACEMENTS
Terry Jenkins
Department Director
Human Services
Background Information:
Due to the severity of illness and level of need for many CSA youth needing out of home
placement, we are forced to seek residential treatment outside of the state of Virginia.
While these children have Medicaid coverage, it is quite difficult to access coverage for
these out of state services. Costs for out of state placement frequently exceed $130,000
per year. Medicaid policy states "If a child requires this level of service that is not
available in Virginia, an out of state provider may enroll for a specific child for the
duration of that admission." The time it takes to go through this child specific enrollment
process does not take into account the need for emergency placement, and can take
several weeks to authorize. If the locality, in the best interest of the child, proceeds with
the placement without preauthorization, they run the risk of having to cover the cost of
this stay, despite the fact that the child has Medicaid since there is no guarantee that
Medicaid will authorize temporary provider status. This past fiscal year, Medicaid had a
freeze on approving out of state providers which further complicated placement issues.
Request:
The General Assembly is requested to direct the Department of Medical Assistance
Services to utilize the same authorization process as is currently used for in -state
residential placements for out- of- state placements, provided the locality can assure that
there are no willing in-state providers for needed services.
7. REVIEW OF ApPLICATIONS FOR STATE OR FEDERAL FUNDS OR SERVICES USED
IN SUBSTANCE ABUSE PROGRAMS
Terry Jenkins
Department Director
Human Services
and Community Groups
Background Information:
In 37.2-311 of the Code of Virginia, states that no state agency that is authorized to issue
final approval or disapproval of, or to make a final review and comment on any
application for state or federal funds that are to be used in a substance abuse program
shall take final action on an application until it is reviewed and commended on by the
Department of Mental Health Mental Retardation and Substance Abuse Services
(DMHMRSAS). It further states that every applicant for any federal or state funds to be
Page 12
used in connection with any substance abuse program shall submit a copy of the
application for review and comment.
Request:
The General Assembly is requested to amend 37.2-311 of the Code of Virginia to
indicate that this provision does not apply to federal government applications made by
local governments.
8. WORKFORCE HOUSING - AMENDMENT TO VIRGINIA CODE SECTION 15.2-2304
Andy Friedman
Department Director
Housing and Neighborhood Preservation
and Community Groups
Background Information:
The Virginia Code currently contains two enabling statutes regarding workforce housing.
One statute, Va. Code SI5.2-2304, confers upon the localities to which it applies (those
with the urban county executive form of government, Albemarle and Loudon Counties
and the City of Alexandria), very general authority to adopt zoning ordinances that
provide for an affordable dwelling unit (i.e., workforce housing) program. The other
statute, Va. Code S15.2-2305, applies to all other localities including Virginia Beach. It
contains numerous limitations upon local workforce housing programs, thereby limiting
the City's flexibility in designing and implementing such a program in Virginia beach.
Based on work currently underway by the Workforce Housing Subcommittee of the
Planning Commission, the ideas being discussed would not be feasible under SI5.2-2305.
Although there is no guarantee that these ideas will be adopted by City Council, it is
important to have the option available if Council wishes to adopt them.
Request:
The General Assembly is requested to Amend Virginia Code S 15.2-2304 to add Virginia
Beach to the localities that are included within the statute. In addressing the City's
workforce housing concerns, the City would greatly benefit from having broader latitude
in adopting a workforce-housing program than is allowed under existing law.
Page 13
9. RECOMMENDATION FOR JLARC To Do A COMPREHENSIVE STUDY OF VRS
BENEFITS
Patti Phillips
Department Director
Finance
Background Information:
The Virginia Retirement System has been in place since the 1950s and may not fit the
needs of today's workforce. Therefore, we recommend that a thorough examination of
retirement benefits be conducted.
Request:
JLARC is directed to conduct a comprehensive study of VRS benefits to include a review
of law enforcement benefits, disability provisions, return-to-work, and defined
contribution retirement plans, especially as they relate to attracting and retaining a quality
workforce.
10. BETTER REPORTING OF VRS ACTUARIAL DATA TO LOCALITIES
Patti Phillips
Department Director
Finance
Background Information:
Each locality in VRS receives an annual actuarial evaluation in a standard format. The
actuarial evaluation is based on locality specific data, but much of it is not included in the
report. This makes it very difficult for a locality to understand the retirement cost of the
different classes of covered employees (such as general employees and public safety
employees) and the specific assumptions for a locality that are driving its costs (such as
job-related disability retirements). A recent study by JLARC concluded that is essential
that VRS provide more information to localities and the City of Chesapeake is expressing
the same concern.
Request:
The City of Virginia Beach supports a legislative directive to the Virginia Retirement
System to provide local governments with expanded information on VRS costs.
Page 14
11. UNCLAIMED PROPERTY PROGRAM
Patti Phillips
Department Director
Finance
Background Information:
Currently all property presumed abandoned must be reported and remitted to the State
Treasurer. This includes all outstanding checks and refunds. The City desires to
establish a minimum threshold for reporting escheat and for remitting escheat funds to
the State. We are proposing that accounts equal to or less than $15 would not be reported
or remitted to the State. This change would save Virginia Beach from reporting over
70% of our escheat accounts, yet only represents about 13% or $8500 of the total dollars
remitted.
Request:
The General Assembly is requested to amend the Code of Virginia to exempt from the
requirement to report and remit to the State Treasurer escheat funds of $15 or less.
12. PATROL AND ENFORCEMENT OF FEDERAL SAFETY AND RESTRICTED ZONES
Police Department
Background Information:
The U.S. Coast Guard, under the authority granted in 46 U.S.C. S70l19, has expressed a
desire for the Virginia Beach Police Department Marine Patrol to have the ability to
enforce safety and restricted security zones. However, state law grants that authority
only to the Virginia Marine Police. The Virginia Beach Police Department has a full-
time Marine Patrol. In order to better assist the U.S. Coast Guard as vessels pass through
the local jurisdiction, the authority to enforce maritime laws and regulations should be
extended to the Virginia Beach Police Department Marine Patrol
Request:
The General Assembly is requested to extend enforcement powers to members of local
marine patrol units within their jurisdictional boundaries.
Page 15
13. CARRYING A CONCEALED WEAPON
Po/ice Department
Background Information:
There is no law prohibiting a person from carrying an otherwise legal concealed weapon
when that person is in the possession of an illegal drug. In the interest of public safety
and that of law enforcement, a law should be enacted that would prohibit such
possession.
Request:
The General Assembly is requested to prohibit the possession of a concealed weapon
while in the possession of an illegal drug.
14. BACKGROUND INVESTIGATIONS OF LAW ENFORCEMENT ApPLICANTS
Police Department
Background Information:
Applicants for law enforcement positions are subject to stringent background
investigations prior to employment. Due to the nature of law enforcement and the
responsibilities that are associated with it, the public must know that law enforcement
administrators have done everything possible to screen potential employees.
Unfortunately, current state law prevents the examination of criminal records that were
adjudicated when the applicant was a minor.
Request:
The General Assembly is requested to authorize access of juvenile criminal records to
law enforcement officers conducting background checks on law enforcement officer
candidates.
15. REQUIRED CRASH REPORTS
Police Department
Background Information:
State law requires that an accident report be filed if the total damage to all involved
vehicles exceeds $1000. That trigger amount was set approximately 10 years ago and is
much too low based on current cost to repair vehicles. Raising the amount to $2500
would greatly reduce the amount of paperwork necessary at minor accident scenes,
reduce the burden on the courts in their attempt to determine fault, and reduce the time
officers spend investigating minor accidents.
Page 16
Request:
The General Assembly is requested to amend Virginia Code S 46.2-373 by increasing the
dollar amount that triggers the filing of a mandatory accident report from $1000 to
$2500.
16. PAWN SHOP, RECORDS AND PROPERTY
Police Department
Background Information:
All pawnbrokers are required to keep records of each loan or transaction made in the
course of business. Although state law requires that specific types of information be
collected, it does not currently require the seller to provide a thumbprint. Additionally,
the code does not currently authorize the law enforcement agency that provides oversight
of the pawn establishment to mandate the format of such reports.
A law requiring a person pawning an item to a pawnshop to provide a legible right thumb
print at the time of the transaction will enable law enforcement officers to better identifY
persons selling or trading stolen merchandise. Additionally, authorizing a local law
enforcement agency charged with oversight of pawn shops to designate the format of the
required reports will reduce the time and effort expended updating this information in the
agency's computer system.
Request:
The General Assembly is requested to amend Virginia Code S 54.1-4009 to authorize
local law enforcement agencies to mandate the format of the required reports and to
require persons pawning items to provide a legible right thumbprint.
17. DEFINITIONS OF "CRIMINAL STREET GANG" AND "PREDICATE CRIMINAL ACT"
Police Department
Background Information:
A. The current state law definition of "criminal street gang" requires the identification of
at least one act of felony violence be attributed to the group. Once a group can be
classified as a "criminal street gang," law enforcement can gain access to otherwise
confidential information on the gang's members.
Gang members are younger and younger. While many informally organized groups of
young people have not yet committed a felony act of violence, their destructive and
Page 17
unlawful conduct warrants the on-going attention of law enforcement. Amending the
definition of "criminal street gang" by removing the act of felony violence requirement
will allow law enforcement access to otherwise confidential juvenile records that will
enhance their efforts to thwart the escalating gang activities of these younger groups.
B. State law provides that a member of a gang who commits a "predicate criminal act" is
guilty of a felony separate and in addition to the underlying predicate act. The current
definition of "predicate criminal act" lists the limited offenses that constitute such an act.
The definition of "predicate criminal act" needs to include any and all felony offenses
involving a firearm or other weapon.
Request:
The General Assembly is requested to:
. Amend the definition of "criminal street gang" found at Virginia Code ~ 18.2-
46.1 to remove the requirement that the group's members must have committed a
felony act of violence in order for the group to be classified as a "criminal street
gang."
. Amend the definition of "predicate criminal act" found at Virginia Code ~ 18.2-
46.2 to include all felony acts involving the use of a firearm or weapon.
18. ENDORSEMENT OF GOVERNOR KAINE'S ENHANCING OPPORTUNITIES FOR
SMALL, WOMEN AND MINORITY OWNED BUSINESSES
Council Member Villanueva
Virginia Beach City Council
Background Information:
Governor Kaine has stated that it is "imperative that the Commonwealth of Virginia
maximize the participation of its citizens in the vast array of commercial opportunities in
state government. The Commonwealth historical record in buying goods and services
from small, women and minority owned businesses must be improved." City Council is
fully in support of this initiative.
Request:
The General Assembly is requested to support Governor Kaine's effort to increase the
participation of small, women and minority owned businesses in the State's contracting
and purchasing processes. The goal is that 40% of the purchase be made from small
Page 18
19. DOWNSIZING OF STATE FACILITIES FOR MENTAL HEALTH AND MENTAL
RETARDATION
Terry Jenkins
Director of Human Services
Background Information:
Two facilities in HPR V are slated to be replaced with smaller facilities over the next two
biennia. Eastern State Hospital in Williamsburg will be replaced with a 150 bed Adult
Facility (a loss of approximately 110 beds), and Southeastern Virginia Training Center in
Chesapeake will be replaced with a 100-bed facility (a loss of 100 beds). While there are
plans to provide funds to localities to develop additional services to serve individuals
who will be coming out of these facilities, it is not clear whether the funds will be
sufficient to develop the level of services needed to meet their needs. Addressing existing
community waiting lists must also be a priority in the expansion of community services.
Senator Stolle and his staff convened a meeting in Virginia Beach on August 14, 2006 to
address several concerns about the downsizing of these facilities and the impact this may
have on other systems such as public safety and local and regional jails. It was
determined, in part as a result of this meeting that a number of issues must be considered
in determining the correct number of state psychiatric and state training center beds
needed for the region.
Request:
The Virginia Beach City Council is requested to propose that a study resolution be
completed General Assembly to determine the appropriate number of state psychiatric
and state training center beds needed before state facilities are rebuilt at a smaller
capacity.
20. TAX RELIEF FOR SENIOR CITIZENS - CONSTITUTIONAL AMENDMENT
Council Member Ron Villanueva
City of Virginia Beach
Background Information:
The Virginia Beach City Council established a task force to examine the
possibility of providing additional tax relief to elderly Virginia Beach residents. The task
force published a report, in late 2003. The task force made three recommendations to
change the existing state code as well as an amendment to the Virginia Constitution.
Page 19
Request:
The General Assembly is requested to amend the state constitution to allow for a local
option non-means tested tax freeze for all senior citizens. The General Assembly would
need to enact legislation during the 2007 Session. There would be an intervening
election in 2007 and the same legislation would need to be passed in 2008. The voters
would then vote on the referendum for the constitutional amendment in the November
2008 election. The constitution would then be amended effective January 1,2009.
21. CREATION OF STATE INSURANCE "WIND POOL"
Council Member John Uhrin
City of Virginia Beach
Background:
Property owners in Virginia Beach, particularly at the oceanfront, are able to purchase
insurance for wind damage from the secondary insurance market at high rates and high
deductibles. Many other coastal states have established a "wind pool" insurance program
that is available in specific geographic areas. Policies have been provided at more
reasonable rates and deductibles. Wind has become, to most insurance carriers, the
biggest risk in the Virginia Beach area. A $25 million piece of property could have a two
percent wind deductible making the deductible payment $500,000. This is in great
contrast to the more reasonable $5,000 deductible that was available just a few years ago.
The wind insurance premium increases must also be considered as many Virginia Beach
businesses are being forced to pay 300 percent increases.
Request:
The General Assembly is requested to pass enabling legislation required for the creation
of a state insurance "wind pool" so that wind damage insurance can be provided at a
more reasonable cost with lower deductibles.
Page 20
CITY OF VIRGINIA BEACH
2007 FUNDING ITEMS
1. NEED FOR ADDITIONAL GRoup-HoME BEDS IN THE LOCALITY FOR YOUTH
NEEDING OUT OF HOME PLACEMENT
Terry Jenkins
Department Director
Human Services
Background Information:
Efforts have been underway for the last several years to develop a 12-bed Group Home
adjacent to the Juvenile Detention Center for teens needing out of home placement. This
site has been approved previously and a conditional use permit was issued, however,
funding for construction remains a need. The proposed facility would become a city-
owned building, for the Tidewater Regional Group Home Commission to operate, setting
up a fee structure with the Comprehensive Services Act to cover the operational costs
using child specific billing for services. The adolescents served would be CSA-mandated
older adolescents in foster care with some capacity to accept court-involved youth
utilizing Juvenile Court Services and other funding sources for non-mandated youth. HB
577 now requires CSA to justify out of jurisdiction placements. In FY 2005, Virginia
Beach youth were served in thirteen (13) Group Homes outside the city limits at a cost of
$1,036,542. Development of this site would better enable us to serve youth within the
city limits. We would also build in mental health services provided by Human Services
as needed. Funding was requested in the amount of $1 ,000,000 several years ago for this
project. Due to rising construction costs, this estimate has nearly doubled.
Request:
The General Assembly is requested to approve an appropriation of $1.9 million dollars
for the construction of a l2-bed facility to be used as a group home for CSA-mandated
and non-mandated youth needing out of home placement. Operational costs would be
paid with CSA funds and Juvenile Court Services funds, and other fee revenue.
Page 21
2. CSA ADMINISTRATIVE ALLOCATION
Terry Jenkins
Department Director
Human Services
Background Information:
The funding formula to carry out the provisions of the Comprehensive Services Act
defines the formula for local administrative costs based upon pool allocations from 1997.
The maximum allocation any locality can receive for administrative costs is $50,000.
This amount has not increased in the past 8 years, despite continuing increases in the
oversight responsibilities of CSA. FY 05 expenditures for CSA in Virginia Beach were
$8,460,206 million dollars, which required a supplemental request of additional state and
local dollars. For FY 06, the CSA Budget is $5,479,949, which means a supplemental
request will likely be needed again this year as well. Covering additional administrative
costs on top of the local share of any supplemental request for child-specific services is
an undue hardship.
Request:
The General Assembly is requested to amend Title 2.2, Chapter 52 of the Code of
Virginia to increase the maximum administrative allocation to $100,000 in order to
improve localities ability to meet the administrative requirements of the CSA.
3. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL
HEALTH PROGRAMS
Terry Jenkins
Department Director
Human Services
and Community Groups
Background Information:
There continues to be substantial need in the community for mental health, mental
retardation and substance abuse services, as evidenced by growing waiting lists for
community-based care. There also continues to be substantial needs in child- care,
housing, employment, health care, and transportation for low income and disabled
families.
Request:
The General Assembly is requested to fully fund the mental health, mental retardation,
and substance abuse system to meet the needs of children and adults on waiting lists for
services. Additionally, the City requests that funds be made available to meet the needs
Page 22
of low- income families to include childcare, affordable housing, employment, health
care, and transportation.
4. FUNDING FOR THE VIRGINIA BEACH JUVENILE DETENTION CENTER
James K. Spore
City Manager
City of Virginia Beach
Background Information:
The state code allows for the Commonwealth to reimburse construction costs for Juvenile
Detention Centers, like the completed center in Virginia Beach for 50% of the cost. The
State Board of Juvenile Justice approved a full reimbursement of 50% for our Detention
Center; however, the amount we received equals only 48% of the cost. This has
produced a shortfall to Virginia Beach of $297,684.
Request:
The General Assembly is requested to provide the full funding of 50% reimbursement to
our Juvenile Detention Center as approved by the State Board of Juvenile Justice. This
additional appropriation would be $297,684.
5. STATE AID TO VIRGINIA PUBLIC LIBRARIES
Marcy Sims
Department Director
Public Libraries
Background Information:
The Code of Virginia (Chapter 3 of Title 42. 1) establishes Virginia's policy of granting
financial aid for the development of local public libraries and provides a formula, which
specifies how much each public library system should receive. This formula has not been
fully funded since 2001. It is currently estimated that full funding of State Aid will
require a $6,505,803 increase in FY 2008 over FY 2007 funding levels.
Request:
The General Assembly is requested to fully fund State Aid to Virginia Public Libraries in
the amount of $24,500,000.
Page 23
6. INFO-POWERING THE COMMONWEALTH
Marcy Sims
Department Director
Public Libraries
Background Information:
The objectives of Infopowering the Commonwealth: Find It Virginia are to provide
appropriate computer hardware, obtain adequate connections to the Internet, and resolve
issues and costs associated with providing adequate access to all citizens to current,
authoritative sources of information. Infopowering has assisted public libraries in
obtaining hardware, Internet access, training labs, and some electronic databases. In
addition, Infopowering funds were used in partnership with grant funds from the Bill &
Melinda Gates Foundation to extend activities to libraries that were not fully eligible for
funding through the Gates Library initiative. Info-powering funds for FY 2002 had been
reduced to $ 1.6 million. No funding was received in FY 2003 - 07.
Request:
The General Assembly is requested to provide $6 million in funding for FY 2008 and in
each year of the biennium to support Infopowering the Commonwealth: Find It Virginia,
to expand the core collection of full text reference, magazine and newspaper articles that
are provided to all citizens of Virginia via their public library card or through the K-12
and community college programs.
7. VIRGINIA BEACH LIFELONG LEARNING CENTER (JOINT USE LIBRARY: A
PARTNERSHIP BETWEEN THE CITY OF VIRGINIA BEACH AND TIDEWATER
COMMUNITY COLLEGE- VIRGINIA BEACH CAMPUS)
Marcy Sims
Department Director
Public Libraries
Background Information:
The City of Virginia Beach and Tidewater Community College are considering
constructing and operating a single facility to house the proposed TCC/ Virginia Beach
Campus Learning Resources Center and what is presently called the South Rosemont
Area Library (CIP Project 3-175). The College is planning to build a 150,000 square foot
Learning Resource Center (LRC) at the corner of Rosemont Road and Faculty Drive, The
LRC is planned to be built in two phases: a 100,000 square foot project in the 2006-08
biennium and the remaining 50,000 square feet is planned for the 2008-2010 biennium.
The South Rosemont Area Library (18,000 square feet) is scheduled for construction in
Page 24
FY 2005-2006 on City owned property at the comer of Rosemont Road and Buckner
Boulevard and adjacent to the Boys and Girls Club of Southeastern Virginia.
A Joint Use Library Planning Committee was appointed in March 2004, to explore the
possibility of creating an integrated joint use library. The same consultants who were part
of the successful San Jose State University and San Jose City Public Library project,
Anderson Brule Architects, have assisted the City and TCC in facilitating further
strategic feasibility and operational planning.
Other partners have been invited to take part in the planning. The Old Dominion
University/Norfolk State University Higher Education Center is located adjacent to the
TCC-Virginia Beach Campus. Its 85,000 square foot facility serves approximately
16,000 students in undergraduate, graduate, continuing education and workforce
development programs.
A strategic operational planning process is underway to further identify and refine the
description of all service, operational, organizational and facility issues to be resolved
and outlined in a Memorandum of Understanding between the partners. The work will
also provide a conceptual building program to guide the architectural design. In the
2007/2009 budgets the General Assembly allotted the two agencies the authorization to
use $3 million in City funding to complete the engineering on the property.
Request:
The General Assembly is requested to provide $38,037,975 as the state's share of the
Joint Use Library.
8. SHERIFF'S WORK RELEASE FACILITY
Paul Lanteigne
Sheriff
Sheriff's Office
City Manager's Office
Background Information:
Currently the City of Virginia Beach Sheriffs Work Release Facility is housed in a
leased space and the Sheriffs Workforce is housed in a landscape services building.
While the City in cooperation with the Commonwealth completed a major jail
expansion, there is still a need for additional bed space for prisoners. Co-locating both
the Sheriffs Work Release and Workforce programs in a new facility would allow these
programs the space necessary to operate at greater efficiencies.
Page 25
Request:
The total estimated cost for design, site selection and construction of a facility is $6.7
million. While total project costs are subject to change pending the completion of the
design work and bid of the project. In 2005-2006, $600,000 in City dollars was allocated
to fund preliminary design work and site selection of the facility. State funding for this
project was recently eliminated from the State's Biennial budget and the City is
requesting that in the interest of public safety the General Assembly restore funding of at
least 25% of the total project.
9. TRANSPORTATION
James K. Spore
City Manager
City of Vir[?inia Beach
Background Information:
Local governments under federal law are required to engage in a long-range
transportation planning process. The long-range transportation plan must be both fiscally
constrained and comply with air quality conformity requirements. The Hampton Roads
region has been engaged for several years in the 2030 Long Range Plan and has
identified a number of projects for funding.
In addition to the six major projects that are part of the MPO package, which include, 1-
64 Improvements in the Peninsula and Chesapeake, the Third Crossing, the Mid-town
Tunnel Improvements, Route 460 and the Southeastern Parkway and Greenbelt -
including Route 17 improvements; there are also projects in the primary, secondary and
urban system that need funding.
It is predicted that by 2012 that the State will be unable to build any new transportation
projects and will only have funds for maintenance of existing projects. The cost for
maintaining Virginia's existing roads is increasing by $50 million per year. Unless
substantial funds are made available on a statewide basis, the City will continue to see a
decrease in urban funds, which fund projects like Nimmo Parkway, Princess Anne Road,
Shore Drive, Northampton Boulevard, Witchduck Road, Indian River Road, etc.
Furthermore, Virginia Beach is at the end of the cul-de-sac that begins along interstate 1-
64 in the Richmond area and the entire region is beginning to lose its edge in economic
development because of transportation issues. For instance, the City of Virginia Beach
has seen a decrease of over 300,000 overnight visitors per year for the last several years
because of traffic congestion issues - according to the Old Dominion University Annual
Survey at the oceanfront. Furthermore, there is quantifiable data that businesses have
made decisions not to increase their presence in Hampton Roads or to institute a presence
in Hampton Roads because of transportation issues. Suffice to say that the timely
movement of people, goods and services is vital to the economic wellbeing of our
Page 26
citizens, as well as traffic congestion becoming a very sever quality of life issue. Under
federal law the region, through the MPO, is responsible for identifying projects and
establishing priorities, as it is the General Assembly's responsibility to fund those
projects.
Request:
The General Assembly is requested to fully fund the six major projects as identified in
the MPO package, which includes the ability to toll new projects and existing parallel
facilities. There is also $275 million of revenue needed on a yearly basis to make up the
shortfall in funding that tolls will provide for these very expensive projects.
The General Assembly is also requested to increase transportation funding on a statewide
basis by $1 billion. This will provide funding for primary, secondary and urban road
projects such as those mentioned above. Also as mentioned this has become more than a
quality of life issue but also very much maintenance of our economic wellbeing. The
General Assembly must act in order for the region to have an approved 2030 Long Range
Plan by late Winter 2007.
10. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER MARINE ANIMAL
RESEARCH & CONSERVATION INITIATIVES
Russell Turner
Director of Development
Virginia Aquarium & Marine Science Center
Background Information:
The Virginia Aquarium & Marine Science Center requests funding in the amount of $2
million that will help improve its marine animal research and conservation support
facilities in order to better serve its mission of "Conservation through Education." Since
the Aquarium first opened to the public in 1986, more than 10 million people have
experienced the thrill of seeing Virginia's marine life in unique and educational exhibits
and programs. As the Aquarium has grown, so has its reputation for expertise and
contributions in marine animal husbandry, research and conservation. As an accredited
member of the Association of Zoos & Aquariums and the Alliance of Marine Mammal
Parks and Aquariums, it is important that the Aquarium continue to be recognized for its
animal care and conservation science practices. The Aquarium is currently undertaking
an exciting project that will add a major new exhibits gallery and introduce exotic species
from across the planet to inspire our next generation of visitors. The new exhibits and
programs will utilize the latest science and technology to inform over 600,000 annual
visitors about marine life and habitats linked to Virginia's past. In addition, the
Aquarium is constructing a new animal care center and research vessel to continue to
strive for significant achievements in the areas of marine animal research, conservation
and education.
Page 27
Request:
The General Assembly is requested to provide $2 million to be spent on the Aquarium's
marine animal research and conservation resources. A modest investment can be
leveraged to significantly impact research and education in Virginia's economically and
ecologically important coastal communities and waters, and positions the
Commonwealth for an international role in conservation initiatives. With advanced
marine animal care facilities, Aquarium staff and research partners can study and develop
innovative research practices, thereby increasing scientific understanding and the ultimate
conservation of vital ocean resources. The Aquarium is in a unique position to bring the
results of scientific research and conservation to a wide range of general audiences, from
regional residents and school children to international visitors. The Aquarium's new
exhibits will expand the scope of its collection to include species from other parts of the
world. These unusual animals will illustrate adaptations to special environments and how
these exotic habitats relate to Virginia and global conservation issues. Aquarium staff
and research partners will have hands-on experience with these and other marine species
and contribute directly to research and conservation efforts in Virginia and across the
globe. The Aquarium will use this investment from the Commonwealth to provide
equipment and technology to support these efforts. Funds will be used to equip advanced
animal husbandry systems, research laboratories, and an exhibits and equipment shop in
the new 16,000 square foot animal care center scheduled for completion in 2008.
Sophisticated equipment for marine animal observations and oceanographic studies will
enhance a new 46-foot research/education vessel being constructed for delivery in 2007.
These resources will support research and conservation efforts of Aquarium staff and
their partners from universities and industry. Equally important, the Aquarium's
expertise with education and outreach will bring these efforts and the world of ocean
science directly to students of all ages.
11. VIRGINIA BEACH CONVENTION CENTER FUNDING
James Ricketts
Department Director
Convention & Visitors Bureau
Background Information:
In 2005, the City of Virginia Beach opened the first phase of the new Virginia Beach
Convention Center. The new facility replaces the Pavilion Convention Center. Designed
by the architectural firm of Skidmore, Owings & Merrill (SOM) the complete facility is
scheduled to open in early 2007.
The old center had a total of 188,000 square feet and lacked the amenities essential for
today's meeting planners. Even with only approximately half of the new facility opened,
the new center is larger than the old facility and has amenities and technology that exceed
meeting planners expectations. When completed, the new facility will have a total of
516,000 square feet. This includes 150,000 square feet of exhibition space, over 31,000
Page 28
sq. ft. of ballroom space and approximately 29,000 sq. ft. of meeting space. The total cost
of the facility is $202.571 million.
The new convention center will help put Virginia on the map as a viable convention state.
According to the Feasibility Study conducted by PricewaterhouseCoopers, the
Commonwealth will realize the following economic benefits: Incremental tax revenues
(in 2002 dollars) $1.2 to $2 million annually, between 900 - 1,500 additional jobs and
between $27.7 million - $44.8 million in incremental direct expenditures new to the
Commonwealth (not a transfer from other localities in the Commonwealth).
The economic impact for Hampton Roads will be $50.5 million to $79.3 million in
incremental direct expenditures and between 1,700 and 2,700 new jobs. This is in
addition to the $2.1 million incremental tax revenue to the City of Virginia Beach, $97
million in Sales and 1,900 additional jobs.
Already sales projects for 2006, with only half of the facility opened, are ahead of the
Feasibility Study projections for 2009 when the entire facility would have been opened
and fully operational for 1-2 years.
Request:
The General Assembly is requested to provide $10 million in funding for the new
Convention Center. This is in keeping with the benefits to the Commonwealth based on
the amount of state tax revenue that will be generated from the new facility over a ten-
year period.
12. CONTEMPORARY ART CENTER OF VIRGINIA FUNDING
Cameron Kitchen
Executive Director
Contemporary Art Center of Virginia
Background Information:
The Contemporary Art Center of Virginia (CAe) is seeking funds from the
Commonwealth of Virginia for completion of renovations and upgrades to Virginia's
leading contemporary art institution to support new and innovative educational programs
and exhibits. As a major cultural amenity in Hampton Roads and a significant tourist
attraction, the Contemporary Art Center of Virginia reaches over 560,000 people
annually. The Contemporary Art Center of Virginia is a model of financial and artistic
management and operates on a balanced budget. CAe completed Phase One of its
capital improvement and endowment campaign in 2003 and opened the Rodriguez
Pavilion, Butler Galleries, and new art storage areas with the support of the City of
Virginia Beach, private donors, and corporations.
Page 29
Now in Phase Two of its capital improvement and endowment campaign, CAC is seeking
the Commonwealth of Virginia to complete its match of the City of Virginia Beach's
Phase One appropriation. This investment by the Commonwealth will enable CAC to
meet increasing demands for on-site educational programs, outreach, world-class
exhibitions, performances, and corporate and private functions at CAC's museum and
studio school in Virginia Beach. The Commonwealth of Virginia funds requested are a
direct match for the funds appropriated in Phase One from the City of Virginia Beach.
The grant will be used solely for the capital improvement and endowment campaign and
will fund much-needed modernization of CAC's security systems, grounds, technical
capabilities, galleries and classrooms.
Request:
The General Assembly is requested to provide $750,000 to the Contemporary Art Center
of Virginia.
13. THE SANDLER CENTER FOR THE PERFORMING ARTS FUNDING
Emily Spruill
Director of Cultural Affairs
City of Virginia Beach
Background Information:
The Sandler Center for the Performing Arts, a 1200-seat, 84,000 square-foot facility, will
be the cultural centerpiece of Virginia Beach, located at the core of the City's emerging
Town Center. When it opens in Fall 2007, the Center will have spaces for performances,
public and performer support and it will give the opportunity to expand the type and
diversity of the performing arts programs in Hampton Roads and the State of Virginia.
The $47 million facility, built under Virginia's PPEA process, will have a full range of
amenities, meeting the needs of today and tomorrow. As a tangible demonstration of
their commitment, the Virginia Beach City Council dedicated $35 million of City funds
to the project. The Virginia Beach Performing Arts Center Foundation, a non-profit
organization spearheaded by some of the City's top civic and business leaders, is leading
a $12.5 million capital fundraising campaign. Over 70% of the goal has been raised to
date. This includes $1,460,000 from the Commonwealth.
The Sandler Center for the Performing Arts will have a dramatic impact to the State of
Virginia's tax base, generating over $2.2 million for the construction phase and $35,500
in annual State tax revenue. We ask the State to strengthen its commitment and
investment to the future of this cultural landmark and to the City as a whole, by
appropriating $500,000 for the operations of the Center.
The new location opening in Fall 2007 at the exciting Town Center development will
become a defining asset for social development for the City and Hampton Roads. It will
Page 30
become a focal point for social activities from education to the arts and entertainment
and will illustrate the State's dedication to furthering the cultural life of its citizens.
Request:
The General Assembly is requested to appropriate $500,000 for the operations of the
Sandler Center for the Performing Arts.
Page 31
- 36 -
Item v'J. 7.
ORDINANCES/RESOLUTIONS
ITEM #55591
The following registered to speak:
Jorgja Jean, 1400 Mediterranean Avenue, Phone: 428-0299, Secretary of the Board of Governor ' sf or
the Francis Land House which also administers the Adam Thoroughgood House, spoke in SUPPORT.
City Council was presented with the Stumpf Report in 2004. A Foundation offers a great benefit to the
City. There are many grants available in this area which can only go to a Foundation, not a Municipal
entity.
Dave Redmond, 1435 Ewell Road, Phone; 464-4114, President - Thoroughgood Civic League, spoke in
SUPPORT and offered his neighborhood's assistance in crafting a truly excellent Foundation structure.
The City Council committed earlier this year to purchase a 2.3-acre parcel of undeveloped land adjacent
to the Adam Thoroughgood House to preserve the integrity of this historic house and its surrounding
property and to open new avenues of historic and architectural exploration.
Sarah Ward, 1640 Horton Place, Phone: 425-3902, represented herself and the Adam Thoroughgood
Chapter of the Daughters of the American Revolution, current member - Board of Governors for
Historic Houses, spoke in SUPPORT. Each historic house should have a Chapter of its own Friends.
Judy Connors, 32-year resident of the City, first Chairman - Friends of the Francis Land House and
ten- year member of the Board of Governors was concerned re the reality of a Foundation which this
Organizing Committee will develop. Mrs. Connors is a strong supporter of accountability. Mrs.
Connors suggested a couple of the Foundation Members also be Board Members to ensure open
lines of communication. A Foundation and Board working together for historic preservation is exciting.
Upon motion by Council Lady McClanan, seconded by Councilman Diezel, City Council ADOPTED,
REVISED VERSION:
Resolution to ESTABLISH the Historic Sites Organizing Committee re
the creation and formation of a Foundation to assist in the support of
City-owned "historic sites. "
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
1
2
3
4
5
6
7
A RESOLUTION TO ESTABLISH AN ORGANIZING
COMMITTEE TO ADVISE THE CITY COUNCIL
CONCERNING THE CREATION AND ORGANIZATION OF
A BOARD AND/OR A FOUNDATION TO ASSIST THE
CITY IN PRESERVING HISTORIC SITES AND TO
PROVIDE SUPPORT AND GUIDANCE TO THE CITY IN
ITS OPERATION OF HISTORIC PROPERTIES
8
WHEREAS, the City Council desires to provide greater
9 awareness and preservation of its historic sites;
10
WHEREAS, the City, through the Department of Museums,
11 operates certain historic properties; and
12
WHEREAS, the City Council desires to create a committee of
13 knowledgeable citizens to review the possibility of establishing
14 a non-profit board and/or foundation to assist and advise the
15 City in its historic preservation efforts and in the efficient
16
administration,
coordination and planning of its historic
17 properties.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA THAT:
20
1.
There is hereby created an organizing committee to
21 provide guidance to the City Council regarding a proposal to
22 create a board and/or a foundation (i) to assist and advise the
23 City in its historic preservation efforts and (ii) to advise,
24 support and guide the Department of Museums in the efficient
25
administration,
coordination and planning of its historic
26 properties.
27
2.
The committee shall be known as the Historic Sites
28 Organizing Committee, and shall have not less than five (5) nor
29 more than seven (7) members, all of whom are to be appointed by
30 City Council.
31
3 .
The Committee shall be responsible for advising City
32 Council as to all issues pertinent to the creation and operation
33 of a non-profit board and/or foundation to assist and advise the
City
in
its
historic
preservation
efforts
and
in
the
34
35
administration,
coordination and planning of
the historic
36 properties operated by the Department of Museums.
37 The Committee will prepare a purpose statement and by-laws
38 for the proposed board and/or foundation and will further make
39 recommendations to the City Council concerning appropriate
40 amendments to existing ordinances concerning the City's historic
41 sites.
42
In preparing its recommendation, the Committee shall a)
43 review and give consideration to the Stumpf Report, b) recognize
44 that it is the City Council's intention that the City shall
45 remain in control of all City-operated historic properties, and
46 c) recognize that it is the City Council's intention that the
47 Friends groups, which have been organized to support the City-
48
operated
historic properties, shall remain in place, and all
49 funds raised by each Friends group shall be preserved for such
50 uses as were intended when the funds were raised.
51
The Committee will report its recommendation to the City
52 Council concerning the structure of the proposed board and/or
53 foundation, together with all other matters for which it has
54 been tasked, no later than November 14, 2006.
55
4.
This resolution and the Committee created hereby shall
56 expire and terminate operation on January 31, 2007.
57 Adopted by the City Council of the City of Virginia Beach,
58
Virginia, on this 12th day of Septemher
, 2006.
- 37 -
Item V-K.
PLANNING ITEM # 55592
1. MIKE'S PAINT & BODY SHOP INC. CONDITIONAL USE PERMIT
STREET CLOSURE
2. KAH PROPERTIES, L.L. C. CONDITIONAL USE PERMIT
3. DR. ALAN MAHANES CONDITIONAL CHANGE OF ZONING
4. KEMP ENTERPRISES CONDITIONAL CHANGE OF ZONING
5. RHOMAN COMPANIES CONDITIONAL CHANGE OF ZONING
September 12, 2006
- 38 -
Item v.](.
PLANNING
ITEM # 55593
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items
1,2,3 (DEFERRED), 4 AND 5 of the PLANNING BY CONSENT AGENDA.
Item ](,3. was DEFERRED, BY CONSENT, until the City Council Session of September 26,2006.
Item ](,4. was REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 39-
Item v'M.l.
PLANNING
ITEM # 55594
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of MIKE'S PAINT & BODY, INC.for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MIKE'S PAINT & BODY,
INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE
REPAIR GARAGE AND BULK STORAGE R090634173
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mike's Paint & Body, Inc. for a
Conditional Use Permit for an automotive repair garage and bulk
storage on property located at the northeast extremity of Progress Lane,
approximately 460 feet west of Central Drive (GPIN 1496697416).
DISTRICT 6 - BEACH
The following conditions shall be required:
1. Development of the site shall substantially conform to the conceptual site plan and elevations
entitled "Mike's Paint & Body Shop ", prepared by Burkhart, Thomas, Reed and dated May
26, 2006. Said plans have been exhibited to the Virginia Beach City Council and are onfile
in the Virginia Beach Planning Department.
2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site
plan review. Said plan shall include the location of all pole-mounted and building mounted
lighting fixtures, and the listing of lamp type, wattage and type of fixture.
3. The applicant shall obtain approval prior to any development within the Chesapeake Bay
Preservation Area.
4. No tires for sale, merchandise or parts shall be displayed or stored outside.
5. All automotive repairs shall take place inside the building.
6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in
this condition require storage, then such vehicles shall be stored within the building.
7. The only office space permitted shall be that maintained in connection with the allowed uses
of automotive repair, service and warehousing.
8. No storage, distribution or handling of explosives, petrochemicals or petroleum-related
products shall be allowed at the facility.
9. Nothing on the property shall exceed the height limitation of the restrictive easement over the
property owned by the United States Navy.
10. The equipment storage yard shall be enclosed with Category VI screening, as specified in the
Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia
Beach.
September 12, 2006
- 40-
Item v'M.J.
PLANNING
ITEM # 55594 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of September Two
Thousand Six.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 41 -
Item V.M.2.
PLANNING
ITEM # 55595
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of KAH PROPERTIES, L.L.C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KAH PROPERTIES, L.L.c.
FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES
AND SERVICE R090634174
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of KAH Properties, L.L. C. for a Conditional
Use Permit for motor vehicle sales and service on property located at
3222 Virginia Beach Boulevard (GPIN 1497050500). DISTRICT 5 -
LYNNHA VEN
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted conceptual site
layout and landscape plan entitled "Conceptual Site Layout and Landscape Plan of Hall
Pontiac / GMC, Virginia Beach Boulevard, Virginia Beach\ VA ", prepared by MSA, Pc. and
dated 03/31/06. Said plan has been exhibited to the Virginia Beach City Council and is onfile
in the Virginia Beach Planning Department.
2. The proposed building shall be constructed substantially in accordance with the submitted
conceptual elevation. Said elevation has been exhibited to the Virginia Beach City Council
and is on file in the Virginia Beach Planning Department.
3. The applicant shall provide a photometric plan for review and approval by City staff. All
lightingflXtures shall be designed to prevent any direct reflection or glare toward adjacent
uses and public streets. Lighting shall be directed at the ground and not out horizontally or
toward the sky
4. No outdoor loudspeakers or paging systems shall be permitted.
5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the
site or the vehicles.
6. Vehicles shall be parked within the designated display areas, and no vehicles shall be parked
or displayed within any portion of any public right-o.fway, or in any landscaped area. No
vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent
ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire
Department access to the site.
September 12, 2006
- 42-
Item V.M.2.
PLANNING
ITEM # 55595 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of September Two
Thousand Six.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 43 -
Item v'M.3.
PLANNING
ITEM # 55596
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of September 26, 2006, an Ordinance upon application of DR. ALAN
MAHANES for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF DR. ALAN MAHANES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
CONDITIONAL 0-2
Ordinance upon application of Dr. Alan Mahanes for a Chanf!e of
Zoninf! District Classification from AG-2 Agricultural District (Historic
and Cultural Overlay) to Conditional 0-2 Office District (Historic and
Cultural Overlay) on property located at 2513 North Landing Road
(GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 44-
Item v'M.4.
PLANNING
ITEM # 55597
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council REFERRED BACK
TO THE PLANNING COMMISSION, an Ordinance upon application of KEMP ENTEPRlSES, INC.
for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF KEMP ENTERPRISES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
5D TO CONDITIONAL A-24
Ordinance upon application of Kemp Enterprises, Inc. for a Chanf!e of
Zoninf! District Classification from R-5D Residential Duplex District to
Conditional A-24 Apartment District on property located on the south
side of Bonney Road, approximately 540 feet east of Kenley Road
(GPINs 1477009836; 1477009521; 1477100757; 1477101774;
1477101694). DISTRICT 2 -KEMPSVILLE
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 45-
Item v'M.5.
PLANNING
ITEM # 55598
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of RHOMAN PROPERTIES:
ORDINANCE UPON APPLICATION OF RHOMAN COMPANIES,
LTD. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-I0 TO CONDITIONAL 1-1 Z09061265
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rhoman Companies, Ltd. for a Chanf!e of
Zoninf! District Classification from R-I0 Residential District to
Conditional 1-1 Light Industrial District on property located on the north
side of Bells Road, approximately 584 feet east of South Birdneck Road,
addressed as 1032 Bells Road (portion of) and 1041 Olds Lane (portion
of) (GPINs 2416585191 (portion of); 2416584390). DISTRICT 6 -
BEACH
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court
and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of September Two
Thousand Six.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6476
DATE: August 23, 2006
FROM:
Leslie L. LilleYn:L Q
B. Kay Wilson~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: Rhoman Companies, Ltd.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 12, 2006. I have reviewed the subject proffer agreement, dated
May 1 , 2006 and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW lals
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~.m SYIU:S. ROURDON.
~r . ~ifRN & U:vv, p.c
PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
RHOMAN COMPANIES, LTD., a Virginia corporation
LORETIA V. BROWN
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 1st day of May, 2006, by and between RHOMAN
COMPANIES, LTD., a Virginia corporation, Grantor, party of the first part; LORETIA V.
BROWN, Grantor, party of the second part; and THE CI1Y OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of certain property located in
the Beach District of the City of Virginia Beach, containing approximately 4.68 acres and
described in Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the party of the first part, being the contract purchaser of the Property
has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of
the Property from R-I0 Residential District to I-I Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantors' proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned are needed to resolve the situation
to which the Grantors' rezoning application gives rise; and
GPIN: 2416-58-5191
2416-58-4390
1
PREPARED BY:
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding'upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is developed, the vehicular access, parking, landscaping,
building locations and setbacks shall be substantially as depicted on the exhibit entitled,
"FARRAR PROPERTIES - CONCEPTUAL SITE PLAN", dated May 1,2006, prepared by
WPL, which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Concept Plan").
2. When the Property is developed, the buildings depicted on the Concept Plan
shall be constructed substantially in accordance with the "CONCEPTUAL ELEVATIONS
FARRAR PROPERTIES", dated May 1,2006, prepared byWPL, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Elevations").
3. When the Property is developed, all freestanding signs shall be no greater
than eight feet (8') in height and shall be externally illuminated from lighting located at
ground level.
4. When the Property is developed, Olds Lane shall not be utilized for access and
all lighting shall be shielded, deflected, shaded and focused to direct light down on to the
premises and away from adjoining residential properties.
~m SWJ::S. ROURDON.
~r TI;:RN &. LM. P.c.
2
PREPARED BY:
~.m SYKIS. ROURDON.
~r- '1ffiN & UVY. P.c.
5. When the Property is developed, all construction activities and any other
operations conducted on an area of the property which is not completely enclosed (i.e. not
within a building), shall be limited to between the hours of 7:00 AM and 8:00 PM.
6. The following land uses shall not be permitted on the Property unless
approved by subsequent Modification of these Proffered Covenants, Restrictions and
Conditions by the Grantee in accordance with its Comprehensive Zoning Ordinance:
a. Airports, heliports and helistops;
b. Bingo halls;
c. Car wash facilities;
d. Childcare and childcare education centers;
e. Eating and drinking establishments;
f. Firewood preparation facility;
g. Hotels and motels;
h. Mobile home sales;
1. Personal watercraft rentals;
J. Public schools, colleges and universities and private schools, colleges
and universities;
k. Public utility transformer stations and major transmission lines and
towers;
1. Radio or television transmission, cellular telephone antenna and relay
stations;
m. Satellite wagering facility;
n. Vocational, technical, industrial and trade schools.
7. Further conditions may be required by the Grantee during detailed Site Plan
and/ or Subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to the R-10 and 1-1 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
3
PREPARED BY:
~.m SYK~. ROURDON.
~r 'IERN & LM. P.c.
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. . Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of VirginIa
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
4
PREPARED BY:
~m SillS. ROURDON.
If.";r- . lI[RN & tM. P.c.
WITNESS the following signature and seal:
Grantor:
Rhoman Companies, Ltd., a Virginia corporation
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
The foregoing instrument was acknowledged before me this 1st day of May, 2006, by
Wayne Rhodes, President of Rhoman Companies, Ltd., a Virginia corporation, Grantor.
) ~ Lj! (!/v /. :;7
_ -:y{ft-1!2 - v V, m {fl~
Notary Public
My Commission Expires: August 31, 2006
5
PREPARED BY:
~m SYKbS. ROURDON.
gr- T-lbRN &. iM. P.C
WITNESS the following signatures and seals:
Grantor:
d(eYfilL () M10t/
Loretta V. Brown
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
/ g- day of May,
The foregoing instrument was acknowledged before me this
2006, by Loretta V. Brown, Grantor.
My Commission Exlires.1'
fO ?l 07
J
6
PREPARED BY:
~.m SillS. ROURDON.
~r 'i11m & LM. P.c.
EXHIBIT "A"
ALL THOSE certain lots, pieces or parcels of land, with the -buildings and improvements
thereon and the appurtenances thereunto, lying, situate and being in the City of Virginia
Beach, Virginia, being known, numbered and designated as Lots 3 & 4, as shown on the plat
entitled "Subdivision Plat of the Farrar Property (W.B. 37, PG. 207) (D.B. 223, PG. 221) (M.B.
149, PG. 52) Date: 7/20/02, Scale: 1"=50', Virginia Beach, Virginia, recorded at the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number:
200301270010608.
GPIN: 2416-58-5191
2416-58-4390
ConditionalRezonejRhomanCompaniesjProffer
7
- 46-
Item V-L.
APPOINTMENTS
ITEM # 55599
BY CONSENSUS, City Council RESCHEDULED:
BUILDING CODE OF APPEALS - New Construction
COMMUNITY SERVICES BOARD
HISTORIC SITE ORGANIZING COMMITTEE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
September 12, 2006
- 47-
Item V-L.J.
APPOINTMENTS
ITEM # 55600
Upon motion by Vice Mayor Jones, City Council APPOINTED:
Dr. George L. Grinnan
3-year term
07/01/06 - 06/30/09
BEACHES AND WATERWAYS COMMISSION
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 48-
Item V-L.2.
APPOINTMENTS
ITEM # 55601
Upon motion by Vice Mayor Jones, City Council APPOINTED:
Dr. Miriam Villaseca
Unexpired thru 12/31/08
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 2006
- 49-
Item V-L.3.
APPOINTMENTS
ITEM # 55602
Upon motion by Vice Mayor Jones, City Council APPOINTED:
Stephanie Diamapelis
09/01/06 - 08/31/08
(Student - Junior)
PUBLIC LIBRARY BOARD
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 12,2006
- 50 -
Item V-O.
ADJOURNMENT
ITEM # 55603
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:38 P.M.
c12~___~:_~~!~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
Ruth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
September 12,2006