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OCTOBER 22, 2013CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTFPH, At -Large ROBERTM DYER, Centerville -District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER-JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITYASSESSOR - IERALD D. BANAGAN CITYAUDITOR-LYNDONS. REMIAS CITY CLERK - R UTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 OCTOBER 2013 I. CITY COUNCIL BRIEFING - Conference Room - A. 2040 VISION -TO -ACTION COMMUNICATION COALITION Co -Chairs - John Malbon and Gary McCollum II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.cont 4:30 PM 5:30PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend Richard Keener, Retired 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 October 8, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. 910 Atlantic Avenue 2. PROPOSED AMENDMENT: (VDOT) FY 2013-14 Capital Budget a. Centerville Turnpike, Phase II b. Pedestrian and Bicycle Enhancements I. ORDINANCES/RESOLUTIONS 1. AMEND Employee Leave Policy: a. Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re Annual, Personal and Sick Leave b. Resolution to AUTHORIZE the City Manager to IMPLEMENT a new Paid Time -Off Policy 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a System of Arrears Processing and APPROPRIATE $3,450,000 from the General Fund Balance re Conversion Pay and Costs 3. Resolutions to SUPPORT: a. The 2014 Legislative Agenda and City Council's Goals and Objectives b. A Strategic Plan to End Homelessness C. FY 2014-15 Virginia Department of Transportation (VDOT) Transportation Alternatives Program (TAP) re pedestrian and bicycle facilities 4. Ordinance to AUTHORIZE and ACCEPT a Dedication of Lake Christopher Homes Association (HOA) property on Lynnhaven Parkway near the intersection of Stewart Drive DISTRICT 6 - BEACH 5. Ordinance to DONATE boats (excess City property) to the Sister Cities Association of Virginia Beach, Inc., (SCAVB) for the City of Olongapo, Philippines 6. Ordinance to GRANT a Franchise Agreement to Scrambled, Inc. re an Open Air Cafe 7. Ordinance to ACCEPT and APPROPRIATE: a. $10 -Million State funding from the Virginia Department of Transportation (VDOT) re Centerville Turnpike -Phase II roadway enhancements b. $1,195,154 — Federal Emergency Management Agency (FEMA) funds re Virginia Task Force 2 Urban Search and Rescue Team C. $ 383,200 —Hazard Mitigation Grant Funds re Auxiliary Power Program -Sewer Pump Stations d. $ 176,635 —Office of the Virginia Attorney General re Crisis Intervention Team Training e. $ 74,960 — Edward Byrne/Juvenile Assistance Grant (JAG) re Human Services Full - Time Clinician f. $ 55,000 — Southern Virginia Internet Crimes Against Children (ICAC) to Police re internet crimes against children g. $ 45,000 — Department of Homeland Security (DHS) re electronic systems in Police Patrol Vessels h. $ 11,819 - Virginia Land Conservation Foundation to Planning re Conservation Easements $1,300,000 — Tourism Advertising Program Special Revenue re advertising and marketing j. $ 13,500 — Maritime Forest Trust Fund to Planning and Community Development re Pilot Live Oak Program J. PLANNING 1. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-I/AG-2 Agricultural to Conditional R-51) Residential (PD -H2 Planned Unit Development Overlay) re dwellings in the 2800 to 2900 Block of Princess Anne Road (Deferred August 27, 2013) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION K. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 APPROVAL CITY COUNCIL/SCHOOL BOARD JOINT MEETING 1. FIVE-YEAR FORECAST 2.2015 EMPLOYEE HEALTH CARE TUESDA Y, NOVEMBER 19, 2013 2:30 P.M. 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30A.M-5:00P.M Monday, January 6`h' and Tuesday, January 7 `h, 2014 2013 CITY HOLIDA YS Veterans DqJ, - i1fonda.Y, A,"ovember 11 Thanksgiving Da.;, and Da -y after Thanksgivin.'g, Thursday, November 28 unit Fridtq, iVoveniber 29 Christmas Eve (hatf-elt�j) - Tuesday, December 24 Christmas Dap - ff`ednesda.),, Dec -ember 25 I. CITY COUNCIL BRIEFING - Conference Room - 4:30 PM A. 2040 VISION -TO -ACTION COMMUNICATION COALITION Co -Chairs - John Malbon and Gary McCollum II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 5:30PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend Richard Keener, Retired 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 October 8, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY a. 910 Atlantic Avenue 2. PROPOSED AMENDMENT: (VDOT) FY 2013-14 Capital Budget a. Centerville Turnpike, Phase II b. Pedestrian and Bicycle Enhancements PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on October 22, 2013 in the City Council Chamber regarding the proposed Cafe Franchise Lease of City -owned property located at the fallowing location: 910 Atlantic Avenue, to Scrambled, Inc., t/a Scrambled The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. A copy of the Franchise Lease Agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above - referenced franchise should be directed to Mike Eason, SGA/Resort Management Office, by calling (757) 385-6639. Ruth Hodges Fraser, MMC City Clerk Beacon October 13 & 20, 2013 23794743 PUBLIC HEARING AMENDMENT TO THE FY 2013.34 CAPITAL BUDGET: Approprlatlon of $10,000,000 for Roadway Projects On Tuesday, October 22, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2013-14 Capital Budget. The amendment is necessary to appropriate, by ordinance or ordinances, $10,000,000 in additional funding from the Virginia Department of Transportation (VDOT) in the FY 2013-14 Capital Budget. Capital Project # 2- 409, "Centerville Turnpike - Phase II," will be increased by $10,000,000 frcm VDOT to improve safety and capacity through widening, intersection improvements, pedestrian amenities and bike improvements. The City Council will also hear public input related to the City's application for the VDOT Transportation Alternatives Program for pedestrian and bicycle enhancements throughout the City. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD - 711. Ruth Hodges Fraser, MMC City Clerk Beacon October 13, 2013 23796693 I. ORDINANCES/RESOLUTIONS 1. AMEND Employee Leave Policy: a. Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re Annual, Personal and Sick Leave b. Resolution to AUTHORIZE the City Manager to IMPLEMENT a new Paid Time -Off Policy 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a System of Arrears Processing and APPROPRIATE $3,450,000 from the General Fund Balance re Conversion Pay and Costs 3. Resolutions to SUPPORT: a. The 2014 Legislative Agenda and City Council's Goals and Objectives b. A Strategic Plan to End Homelessness C. FY 2014-15 Virginia Department of Transportation (VDOT) Transportation Alternatives Program (TAP) re pedestrian and bicycle facilities 4. Ordinance to AUTHORIZE and ACCEPT a Dedication of Lake Christopher Homes Association (HOA) property on Lynnhaven Parkway near the intersection of Stewart Drive DISTRICT 6 - BEACH 5. Ordinance to DONATE boats (excess City property) to the Sister Cities Association of Virginia Beach, Inc., (SCAVB) for the City of Olongapo, Philippines 6. Ordinance to GRANT a Franchise Agreement to Scrambled, Inc. re an Open Air Cafe 7. Ordinance to ACCEPT and APPROPRIATE: a. $10 -Million State funding from the Virginia Department of Transportation (VDOT) re Centerville Turnpike -Phase II roadway enhancements b. $1,195,154 — Federal Emergency Management Agency (FEMA) funds re Virginia Task Force 2 Urban Search and Rescue Team C. $ 383,200 —Hazard Mitigation Grant Funds re Auxiliary Power Program -Sewer Pump Stations d. $ 176,635 —Office of the Virginia Attorney General re Crisis Intervention Team Training e. $ 74,960 — Edward Byrne/Juvenile Assistance Grant (JAG) re Human Services Full - Time Clinician f. $ 55,000 — Southern Virginia Internet Crimes Against Children (ICAC) to Police re g. $ 45,000 — Department of Homeland Security (DHS) re electronic systems in Police Patrol Vessels h. $ 11,819- Virginia Land Conservation Foundation to Planning re Conservation Easements $1,300,000 — Tourism Advertising Program Special Revenue re advertising and marketing j. $ 13,500 — Maritime Forest Trust Fund to Planning and Community Development re Pilot Live Oak Program s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Adopt a Paid Time Off Policy and An Ordinance to Amend Sections 2-84 and 2-119 of the City Code Pertaining to Annual, Personal and Sick Leave MEETING DATE: October 22, 2013 ■ Background: Virginia Code Section 51.1-169 created a hybrid Virginia retirement system plan to include a defined benefit and defined contribution component for local government employees. All employees hired on or after January 1, 2014, except for those eligible to receive enhanced retirement benefits in hazardous duty positions and those hired with VRS creditable service, automatically are enrolled in the hybrid retirement plan. Current employees other than those eligible to receive enhanced retirement benefits in hazardous duty positions can opt into the hybrid plan during an approximate four month opt in period in 2014. Pursuant to Virginia Code Section 51.1-1153 the City is required to participate in the Virginia Retirement System (VRS) Local Disability Program or to administer a comparable program. The City has decided to participate in the VRS Local Disability Program. Due to the availability of short term and long term disability benefits under this program, the current City leave policies are not fitting for employees eligible for these benefits. Therefore, a separate type of universal leave, Paid Time Off, is recommended to be provided to these ernployees to supplement the gaps in the VRS Local Disability Program benefits. r Considerations: City Code Sections 2-84 and 2-119 require full time employees to be provided annual and sick leave. Accordingly, these code sections require amendments to clarify which employees are eligible for annual and sick leave and to add the requirement to afford Paid Time Off to employees who will be enrolled in the hybrid retirement plan. The resolution directs staff to create and adopt a paid time off policy with the accruals and carryover approved by City Council at the October 8, 2013 briefing and as set forth in Exhibit A attached to the Resolution. Both the resolution and ordinance further direct that any future revisions to the paid time off policy are subject to City Council approval. A Public Information: City Council briefings were held on September 10, 2013 and October 8, 2013. Public information will be provided through the normal Council agenda process. N Attachments: Resolution, Exhibit A, and Ordinance Recommended Action: Approval Submitting Dep rtment: Human Resources City Manager: L( V 1 1 AN ORDINANCE TO AMEND SECTIONS 2-84 2 AND 2-119 OF THE CITY CODE 3 PERTAINING TO ANNUAL, PERSONAL AND 4 SICK LEAVE 5 6 SECTIONS AMENDED: § 2-84 AND 2-119 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-84 and 2-119 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 Sec. 2-84. Annual and personal leave—Schedule of earning. 14 With the eXGeptffiGR of employees of the SGhool boaFd, a -All full-time City of Virginia 15 Beach employees hired before January 1, 2014 who have not opted to participate in the 16 hybrid retirement plan all employees eligible to receive enhanced retirement benefits in 17 hazardous duty positions; all employees hired on or after January 1 2014 with Virginia 18 Retirement System creditable service, and all part-time employees hired prior to July 1, 19 1996, shall earn annual leave and, with supervisory approval, may utilize annual leave 20 upon accrual as follows: 21 (1) All full-time employees or appointees who work thirty even and one half (37-1-4) 22 forty (40) or more hours per workweek, excluding firefighters assigned to fifty - 23 six (56) hours per workweek positions, shall be credited with: 24 (a) Eight (8) hours per month for each month of employment for employees 25 having accrued the equivalent of less than five (5) years of full-time 26 employment. 27 (b) Ten (10) hours per month for each month of employment for employees 28 having accrued the equivalent of five (5) or more years, but less than ten 29 (10) years, of full-time employment. 30 (c) Twelve (12) hours per month for each month of employment for employees 31 having accrued the equivalent of ten (10) or more years, but less than 32 fifteen (15) years, of full-time employment. 33 (d) Fourteen (14) hours per month for each month of employment for 34 employees having accrued the equivalent of fifteen (15) or more years, but 35 less than twenty (20) years, of full-time employment. 36 (e) Sixteen (16) hours per month for each month of employment for employees 37 having accrued the equivalent of twenty (20) or more years of full-time 38 employment. 39 (2) All firefighters assigned to 56 -hour -per -workweek positions shall be credited 40 with: 41 (a) Eleven and two-tenths (11.2) hours per month for each month of 42 employment for employees having accrued the equivalent of less than five 43 (5) years of full-time employment. 44 (b) Fourteen (14) hours per month for each month of employment for 45 employees having accrued the equivalent of five (5) or more years, but less 46 than ten (10) years, of full-time employment. 47 (c) Sixteen and eight -tenths (16.8) hours per month for each month of 48 employment for employees having accrued the equivalent of ten (10) or 49 more years, but less than fifteen (15) years, of full-time employment. 50 (d) Nineteen and six -tenths (19.6) hours per month for each month of 51 employment for employees having accrued the equivalent of fifteen (15) or 52 more years, but less than twenty (20) years, of full-time employment. 53 (e) Twenty-two and four -tenths (22.4) hours per month for each month of 54 employment for employees having accrued the equivalent of twenty (20) 55 years or more of full-time employment. 56 (3) Part-time employees employed prior to July 1, 1996, shall continue to be 57 credited with annual leave on a basis proportionate to that awarded full-time 58 employees as set forth in subsection (1) above. Part-time employees employed 59 on or after July 1, 1996, will accrue a maximum of eight (8) hours of personal 60 leave per month prorated based on the number of hours worked; provided, 61 however, that the provisions of subsection (1) above shall not be applicable to 62 part-time employees. Part-time employees who have worked the equivalent of 63 six (6) calendar months may utilize accrued personal leave, with supervisory 64 approval. 65 (4) Records shall be kept within each department of the annual leave accumulated 66 and taken by each employee within such department; and at the end of each 67 calendar month, a leave report shall be submitted to the department of human 68 resources. 69 (5) Under no circumstances shall annual leave be granted in advance of its accrual 70 or paid in lump sum except upon termination of employment. 71 (6) When an employee is in a nonpay status for portions of a calendar month, then 72 annual leave accrual for such month shall be reduced accordingly by the 73 director of human resources to reflect the employee's nonpay status. 74 (7) All full-time City of Virginia Beach employees hired on or after January 1, 2014, 75 with the exception of employees eligible for enhanced retirement benefits in 76 hazardous duty positions and employees hired with Virginia Retirement Service 77 creditable service and employees hired before January 1, 2014 who have 78 opted to participate in the hybrid retirement plan shall receive paid time off in 79 lieu of annual leave as set forth in the applicable City of Virginia Beach Human 80 Resources policy. Any and all future changes to paid time off shall be subject 81 to City Council approval. 82 .... 83 Sec. 2-119. Sick leave. 84 (a) Sick leave shall be defined as leave with pay granted to an employee during periods 85 of personal illness, temporary disability (including maternity), medically required 86 confinement, and medical and dental office appointments. 87 (b) All full-time City of Virginia Beach refit employees and 88 appointees hired prior to January 1 2014 who have not opted to participate in the 89 hybrid retirement plan all employees eligible to receive enhanced retirement 90 benefits in hazardous duty positions, and employees hired on or after January 1, 91 2014 who have Virginia Retirement System creditable service shall be eligible to 92 receive sick leave based on the following provisions: 93 (1) Sick leave shall be credited at the rate of eight (8) hours per month of 94 employment with the city. A proportionate number of hours shall be awarded for 95 a partial month's work. Employees shall be allowed to accrue an unlimited 96 number of sick leave hours. 97 (2) The department head may at any time require the employee to provide written 98 medical documentation of his illness. 99 (3) All employees eligible to accrue sick leave who were employed prior to the 100 effective date of this section shall begin the sick leave system with a "beginning 101 balance" of available sick leave hours. 102 (4) An employee's "beginning balance" shall be determined by subtracting the 103 hours of sick leave used by such employee prior to the effective date of this 104 section from those hours which would have been earned under the provisions 105 of this section had it been in effect since January 1, 1963. In the event that 106 records which are necessary to compute an employee's "beginning balance" 107 are unavailable, it shall be assumed that each employee earned four (4) hours 108 of sick leave for every month that said record are unavailable. 109 (5) The "beginning balance" of sick leave hours available for use by an employee 110 as of the effective date hereof shall be noted in the employee's personnel file. 111 However, those employees with a negative "beginning balance" shall begin with 112 a balance of zero sick leave hours. 113 (6) Firefighters assigned to fifty-six (56) hour per workweek positions shall be 114 credited with sick leave at a rate of eleven and twc-tenths (11.2) hours per 115 month. 116 (7) An employee's sick leave balance shall revert to a zero balance upon the 117 change in number of hours from full-time status to part-time status. 118 (8) Employees in an approved extended sick leave status (more than five (5) 119 working days) on January 1, 1986, shall remain under the provisions of the 120 city's current sick leave policy until their return to work. Upon the employee's 121 return to work, his or her beginning sick leave balance would be calculated as 122 specified in paragraph (4) above. 123 (c) Part-time employees shall not be eligible to receive sick leave. 124 125 (d) All City of Virginia Beach full-time employees hired on or after January 1, 2014 with 126 the exception of employees eligible for enhanced retirement benefits in hazardous duty 127 positions and who are hired with Virginia Retirement System creditable service, and all 128 full-time employees hired after January 1 2014 and full-time employees hired before 129 January 1 2014 who have opted to participate in the hybrid retirement plan, shall not be 130 eligible to receive sick leave and shall receive paid time off in lieu of sick leave as set 131 forth in the applicable City of Virginia Beach Human Resources policy. Any and all 132 future changes to paid time off shall be subject to City Council approval. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT: Human Resources CA12734 R-5 October14, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Ivan V14,4- A W� City At rney's Office 1 A RESOLUTION DIRECTING THE CITY MANAGER TO ADOPT 2 A PAID TIME OFF HUMAN RESOURCES POLICY 3 4 WHEREAS, the City provides annual and sick leave to current full-time City 5 employees; 6 7 WHEREAS, employees hired on or after January 1, 2014, with the exception of 8 employees eligible for enhanced retirement benefits in hazardous duty positions, those hired 9 with VRS creditable service, and current full-time employees who opt to participate in the 10 Virginia Retirement System hybrid retirement plan will be eligible for short term and long term 11 disability benefits under the Virginia Local Disability Program; 12 13 WHEREAS, it is the desire of the City Council to provide leave to employees eligible 14 for benefits under the Virginia Local Disability Program to supplement the gaps in those 15 offerings; 16 17 WHEREAS, City staff has recommended implementation of a paid time off policy with 18 the accrual and carryover of leave in accordance with Exhibit A attached hereto; and 19 20 WHERE.—AS, City Council, as recommended by City staff, supports the implementation 21 of a paid time off policy for the employees eligible for benefits in the Virginia Local Disability 22 Program. 23 24 N004. Tr-iI=REFORE, BE IT RESOLVED BY THE COUNCIL.. OF THE: CITY OF 25 VIRGINIA. r3EX� -I, V11F,GINIA: 26 27 1. The Cite Manager is hereby directed to adopt a paid time cuff policy applicable to all 28 fell -9—nployees hired after January 1, 2014, with the exception of employees 29 oligl'tlo or enhanced retirement benefits in hazardous duty positions, those hired 30 with VRS creditable service, and employees hired before January 1, 2014 who opt 31 to participate in the hybrid retirement plan. 32 2. The City Manager is further hereby directed that the paid time off policy include 33 accrual and carryover of leave as set forth in Exhibit A attached hereto. 34 3. The City Manager is further hereby directed that any future changes to the paid 35 tirne off policy is subject to City Council approval. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 2013. APPRQyED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City Att ney's Office CA12734 R-2 October 11, 2013 N I N v OD c7l N �0 .'�,hinne,�� ^•. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Implement a System of Arrears Processing for the City's Payroll Operations and to Appropriate $3,450,000 from Fund Balance of the General Fund for Conversion Pay and Costs Associated with the Transition to Arrears MEETING DATE: October 22, 2013 ■ Background: Payroll payments amount to over $400 million annually including base salary, overtime, shift pay, standby pay, and special supplements. Over 237,000 disbursements are made annually. There are multiple risks due to the complexity of different pay structures and federal work rules as well as nonstandard pay processes and systems. The City currently pays its employees on a semi-monthly basis (24 payments), and the payments reflect "current pay" meaning that pay is projected up to and including the date of the payment. Due to payroll processing schedules, the payroll cutoff date is approximately nine days prior to the pay date. As a result, pay is based on projected, not actual, time for those nine days. A significant number of payroll adjustments (63,000/year) are attributed to after -the -fact corrections to change projected pay amounts. The effectiveness of the InSITE application is severely degraded while processing these changes, with the potential risk of payroll failure. A payroll best practice and industry standard is to pay in arrears, which reduces errors and reduces the risk of payroll failure. To cover the nine days where employee pay would be short in the pay period identified for the transition to arrears, employees will be paid a one-time conversion payment to keep their pay "whole" and to hold the employee harmless of the decision to convert to an arrears payroll. ■ Considerations: The cost of conversion pay is $5.8 million for the General Fund and $1.3 million for the various enterprise and special revenue funds. To uphold accounting standards, this cost must be expensed in the year of implementation. While $3 million will be appropriated from the General Fund Balance, the remainder of the costs will be from existing FY 14 appropriations. It is estimated that $450,000 is needed for project management, development and implementation costs associated with updating and configuring the InSITE application for an arrears payroll. ■ Public Information: Briefings were provided to City Council on April 30, 2013; October 1, 2013; and October 8, 2013. This item will be advertised through the normal Council agenda process ■ Alternatives: In addition to the alternative of paying employees conversion pay, other alternatives included: treating the nine days as a no -interest loan, paying employees for six days only, placing only new hires in arrears, and incrementally moving the pay date one day at a time until nine days in arrears is achieved. Decision criteria included conforming to best practices, holding employees harmless, reducing the risk of payroll failure, and complying with accounting standards. Only the conversion pay alternative met all criteria. ■ Recommendations: It is recommended that City Council approve the ordinance for the funding to pay employees conversion pay and to implement system changes to convert to an arrears payroll. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance A City Manager: , k 1441- C t �Cy� 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO IMPLEMENT A SYSTEM OF ARREARS 3 PROCESSING FOR THE CITY'S PAYROLL 4 OPERATIONS AND TO APPROPRIATE $3,450,000 5 FROM FUND BALANCE OF THE GENERAL FUND FOR 6 CONVERSION PAY AND COSTS ASSOCIATED WITH 7 THE TRANSITION TO ARREARS 8 9 WHEREAS, a system of arrears is a best practice for processing payroll 10 operations; 11 12 WHEREAS, the City Council finds that a conversion to a system of arrears 13 payroll will provide both a short-term and a long-term benefit in reducing payroll 14 adjustments and aligning the City's payroll practice with its payroll application (InSITE); 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT 18 19 1. The City Manager is hereby authorized and directed to implement a system of 20 arrears payroll wherein the arrears period is equal to nine days; and 21 22 2. To implement the system of arrears payroll, the City Manager is authorized to 23 provide a one-time conversion pay that is equal to nine days of salary and 24 fringe benefits, which totals $7,100,000; and 25 26 3. All employees hired after the City transitions to arrears payroll shall be placed 27 in a payroll system that is nine days in arrears; and 28 29 4. $3,450,000 is hereby appropriated, with revenue from the fund balance of the 30 General Fund increased accordingly, for the following: 31 32 a. $3,000,000 to create a Reserve for Conversion Pay; and 33 b. $450,000 to CIP #3-662, "CIT — Enterprise Business Suite Applications," 34 for project management, development, and implementation costs 35 associated with updating and configuring the InSITE application for 36 arrears payroll; and 37 c. The remaining $4,100,000 is available within existing appropriations of the 38 FY 2013-14 Operating Budget; and 39 40 5. The payment of the nine -day arrearage created by this ordinance shall be 41 paid from various departmental payroll accounts with the City Manager 42 authorized to transfer funds as needed from the Reserve for Conversion Pay 43 to departments to ensure sufficient funds for the conversion to arrears, and 44 such authorization shall continue for Fiscal Year 2013-14 through budget tH 45 closeout on or about August 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: F nance Department APPROVED AS TO LEGAL CA12811 R-1 October 9, 2013 APPROVED AS TO CONTENT: Budget and Management Service � f it ''Mn CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2014 Legislative Agenda MEETING DATE: October 22, 2013 ■ Background: City Council has a tradition of presenting a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach General Assembly delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. ■ Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and City Council boards and commissions. ■ Public Information: A discussion was held with City Council on September 24, 2013. A public hearing was held on October 8, 2013 in Council Chambers. ■ Attachments: Resolution and 2014 Legislative Agenda. Requested by City Council 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION ADOPTING THE CITY'S 2014 LEGISLATIVE AGENDA WHEREAS, the City Council traditionally adopts a Legislative Agenda and requests members of the City's local delegation to the General Assembly sponsor and/or support legislation therein; and WHEREAS, the City Council has considered a number of goals and objectives for inclusion in the City's 2014 Legislative Agenda. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby adopts the City's 2014 Legislative Agenda, which is attached hereto as Exhibit A and is hereby incorporated by reference. BE IT FURTHER RESOLVED BY THE COUNCIL OF rHE CITY OF VIRGINIA BEACH, VIRGINIA: That the City's Delegation to the General Assembly is hereby requested to sponsor and/or support legislation in the 2014 Session of the General Assembly that would carry out the goals and objectives of the City as set forth in its Legislative Agenda. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to transmit a copy of this resolution to each member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2013. APPROVED TO CONTENT: 1 I� CA12791 R-1 September 23, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic LEGISLATIVE AGENDA GENERAL ASSEMBLY SESSION 2014 OCTOBER 22, 2013 CITY COUNCIL MEETING Adopted: October 22, 2013 2 The 2014 session of the General Assembly will be another opportunity for the elected leaders of the Commonwealth to address long-term issues and opportunities for our great state. With a new Governor, Lieutenant Governor, Attorney General, and turnover in the House and Senate, there will be new dynamics at play. Virginia Beach will have at least four new members in its eleven member General Assembly Delegation with the retirements of Delegates Iaquinto, Purkey, and Tata. Former Delegate Cosgrove has been elected to replace retiring Senator Henry Blevins. The General Assembly in the past several years has had notable successes. This includes addressing a portion of the unfunded liability for the Virginia Retirement System (VRS). These changes will assist in making the VRS more financially viable in the out years with a smaller impact over the short-term. The General Assembly has an approximately $600 million "loan" to pay back to the VRS fund for monies transferred during the Great Recession. The General Assembly is to be congratulated for the work completed on a long-term sustainable source of funding for transportation. The new sources of revenue at the state level and the new revenue sources for the Hampton Roads and the Northern Virginia regions are very much appreciated. However, the Hampton Roads Transportation Planning Organization (HRTPO) is now in the process of prioritizing the use of these funds at the regional level and it is obvious that even with an expected $200 million annually in new revenue, tolls will have to be part of the equation. Furthermore, many of the projects to be addressed in order to promote the timely movement of people, goods, and services, may not be addressed for a period of years due to their exceptionally high cost. It is also clear there will be limited revenue to localities like Virginia Beach to replace the urban funding for city arterials such as First Colonial, Laskin Road, Salem Road, Elbow Road, etc. The City was receiving over $30 million a year at the end of the last decade in urban funding and now receives zero. We do not expect to receive any urban allocation until 2017 when $30 million will be available on a statewide basis. The City will obviously have to continue to spend local resources to address these roads, which have regional significance and are vital to public safety and economic development. The City is also reaching a milestone with the Commonwealth in that FY15 will be the last year that we will request funding for our Base Realignment and Closure (BRAC) Response Program. Due to this partnership, we have expended more than $ 105 million since 2007 on properties identified in the Accident Potential Zone (APZ), Clear Zone, Interfacility Traffic Area (ITA), and other areas of high priority to the Navy. During the BRAC process in 2005, which became the benchmark for funding, there was an additional $15 million spent. With the combined efforts of Governor McDonnell, Mayor Sessoms, and Admiral Harvey, former Commander of the U.S. Fleet Forces, there was an agreement reached with the Chairmen of the House Appropriations and Senate Finance Committee several years ago. This agreement stated that the City would request funding from the Commonwealth through the 3 next BRAC or FY15 whichever occurred first. The City is also facing the reality of a decreasing number of willing sellers. Further, the City recognizes that property in and around Fentress Auxiliary Field in Chesapeake is vital and should be protected from encroachment in an effort to support the mission of Naval Air Station (NAS) Oceana. Thus, the item proposed in our legislative agenda requests the General Assembly appropriate funds, if available, to Chesapeake for the Fentress encroachment reduction and prevention efforts. Finally, there is the issue of education funding. During the Great Recession, spanning several years, the state has reduced general fund support to education. The City Council has maintained and increased education funding throughout this time. Whereas the Governor proudly mentioned that the net general fund from 2007 through 2013 had only grown 0.03%, education funding in Virginia Beach has grown by $22.3 million during the same timeframe, which equates to a 6.1% overall growth rate and requiring 4.7 cents on the real estate tax rate. Education funding needs to be increased for the Commonwealth. Also, as proposed, the General Assembly needs to address its liability for a portion of the teacher's unfunded Virginia Retirement System (VRS). Unless the General Assembly appropriately identifies a portion of this unfunded liability as its own, it is possible that localities, such as Virginia Beach, could have its bond rating reduced going forward due to new accounting rules by the Government Accounting Standards Board (GASB). City Council wishes the very best for our General Assembly in the upcoming year and we welcome the new members to represent our great city. CONTENTS a CITY OF VIRGINIA BEACH -GENERAL ASSEMBLY DELEGATION A SECTIO1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS ski 1. POST LABOR DAY OPENING FOR SCHOOLS 2 Sponsored by the Virginia Beach City Council 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 3 Sponsored by the Virginia Beach City Council via Virginia Beach Human Rights Commission 3. MORATORIUM ON URANIUM MINING 4 Sponsored by the Virginia Beach City Council 4. MEDICAID EXPANSION POSITION 5 Sponsored by the Virginia Beach City Council 5. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAC) EFFORT 8 Sponsored by the Virginia Beach City Council 6. INCREASED FUNDING FOR MENTAL HEALTHCARE 11 Sponsored by the Virginia Beach City Council 7. COMMONWEALTH TRANSPORTATION BOARD APPOINTMENTS 13 Sponsored by Mayor William D. Sessoms, Jr. 8. JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION (JLARC) REVIEW OF THE EQUITY OF TRANSPORTATION FUNDING 17 Sponsored by Mayor William D. Sessoms, Jr. 9. STATE MAINTENANCE OF TOLLED ROADWAY PROJECTS 18 Sponsored by Mayor William D. Sessoms, Jr. 10. PRESERVATION OF PRIVATE RIPARIANILITTORAL RIGHTS 19 (TITLE 28.2) Sponsored by Council Member James L. Wood 11. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENT Sponsored by Council Member Rosemary Wilson 21 4 12. REAL ESTATE TAX RELIEF — MILITARY AVIATION MUSEUM 23 Sponsored by Council Member Barbara Henley 13. RECURRENT COASTAL FLOODING Sponsored by OD\RU William D. Sessoms, Jr. 24 CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones - Bayside Glenn R. Davis - Rose Hall Bill R. DeSteph - At Large Amelia N. Ross -Hammond - Kempsville Bob Dyer - Centerville Barbara M. Henley - Princess Anne John D. Moss - At Large John E. E. Uhrin - Beach Rosemary Wilson - At Large James L. Wood - Lynnhaven CITY OF VIRGINIA BEACH— GENERAL ASSEMBLY DELEGATION Senator John A. Cosgrove — Senate District 14 Delegate Algie T Howell, Jr. — House District 90 TBD — House District 84 Delegate Barry D. Knight — House District 81 Senator Jeffrey L. McWaters — Senate District 8 Senator Ralph S. Northam — Senate District 6 TBD — House District 82 Delegate Christopher P Stolle — House District 83 TBD — House District 85 Delegate Ronald A. Villaneuva — House District 21 Senator Frank W. Wagner — Senator District 7 SECTIONOF VIRGINIA BEACH LON TERM POLICY POSITIONS I D 1. POST LABOR DAY OPENING FOR SCHOOLS Background Information: Legislative Agenda General Assembly Session 2014 1 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL The total spending from the tourism industry in Virginia Beach for calendar year 2012 was $1.284 billion, stimulating 12,025 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences on the tourism industry in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. 0 Legislative Agenda General Assembly Session 2014 1 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act CVa. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. 3. MORATORIUM ON URANIUM MINING Background Information: Legislative Agenda General Assembly Session 2014 1' SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir, which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach, and indirectly to most of southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the federal government has little or no experience with wet climates and extreme precipitation events, and that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above - grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of southside Hampton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Request: The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining in Virginia. 4. MEDICAID EXPANSION POSITION Legislative Agenda General Assembly Session 2014 15 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL ***Please find attached a resolution adopted by City Council*** Legislative Agenda General Assembly Session 2014 16 1 A RESOLUTION REQUESTING THAT THE GENERAL 2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT 3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY 4 THE AFFORDABLE CARE ACT 5 6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care 7 Act") is a 2010 federal law which, among other things, expands the availability of health 8 care through an expansion of Medicaid; 9 10 WHEREAS, as a result of the United States Supreme Court's decision in a case 11 in which it upheld the constitutionality of the Affordable Care Act, states now have the 12 option to chose whether to accept and implement the Act's Medicaid expansion; 13 14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new 15 income eligibility criterion of 133% of the federal poverty level and provides 100% 16 federal funding for the expansion in the first three years, after which time the federal 17 funding will be reduced to no less than 90% of the cost; 18 19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal 20 dollars which will flow into the state, and Medicaid expansion will not only provide 21 citizens with greater access to health care but will also support the state's heath care 22 industry, employment, and Virginia's overall economy; 23 24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid 25 benefits, 51,730 additional adult City residents who are under the age of 65 remain 26 uninsured; 27 28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will b 29 eligible for Medicaid expansion under the federal law, including a significant number of 30 single persons and couples with incomes between $15,415 and $20,879, as -well as 31 certain families (depending on family size) with incomes up to $53,668; 32 33 WHEREAS, a significant number of uninsured Virginia Beach residents who 34 suffer from mental health or substance abuse disorders will be eligible for health care 35 coverage through Medicaid expansion; and 36 37 WHEREAS, the expansion of Medicaid will increase local employment in medical 38 services and other supportive health care industries {especially technology); 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 Legislature Agenda GeneralAssembly Session 2014 17 43 That the City Council requests that the Governor and the General Assembly take 44 the steps necessary to accept and implement in the Commonwealth of Virginia the full 45 Medicaid expansion as provided by the Affordable Care Act. Adopted by the City Council of the City of Virginia Beach, Virginia, on this i lth day of December . 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City age ee CA12482 R-2 December 5, 2012 A2 AW Legislative Agenda General Assembly Session 2014 5. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAC) EFFORT SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have been partnering to address the concerns that were raised by the Base Realignment and Closure (BRAC) Commission in 2005. This partnership has involved the cost sharing of $15 million annually to purchase properties in the APZ-1 and Clear Zone areas around Naval Air Station (NAS) Oceana and in the Interfacility Traffic Area (ITA) between Oceana and the Naval Auxiliary Landing Field Fentress. The City has established a policy of spending $7.5 million per year to comply with the BRAC Order, with the expectation that the Commonwealth will provide matching funds for expenses associated with the acquisition of land in the APZ-1 and Clear Zone areas around Oceana and in the ITA. The City will keep its commitment to the military by continuing its policy of matching dollar for dollar the state appropriation to protect NAS Oceana and requests that the General Assembly provide an amount of $5 million for FY 2015. Request: We request that the General Assembly provide $5 million in funding through the Military Strategic Response Fund in FY 2015 to the City of Virginia Beach to meet the requirements of the BRAC Compliance Plan. Providing these funds will reinforce our joint commitment and reinforce our message to the U.S. Navy that the Commonwealth and City of Virginia Beach are dedicated to preserving Naval Air Station Oceana. This positive message and the results we have achieved through the Commonwealth/City partnership will benefit not only the preservation of NAS Oceana but send a clear signal to the military about Virginia's support of all bases throughout the state. This is expected to be the last year that the City requests state funding. This is in keeping with the agreement proposed by former Fleet Forces Commander, Admiral John Harvey, that the partnership efforts continue until the next BRAC process or FY 2015, whichever came first. The City also strongly encourages state matching dollar support to the City of Chesapeake as it attempts to address encroachment around Fentress Airfield. �u Legislative Agenda General Assembly Session 2014 Requested Budget Language: Item 459.05: Secretary of Veterans Affairs and Homeland Security A. In accordance with Chapter 653 of the 2008 Virginia Acts of Assembly, this item includes $7.5 million from the general fund each year, representing the Commonwealth's contribution to addressing the encroachment upon the United States Navy Master Jet Base located at Naval Air Station Oceana in Virginia Beach and Naval Auxiliary Landing Field Fentress in Chesapeake. The amount provided by the Commonwealth shall only be used for expenditures made to (1) purchase property and development rights to remove or prevent incompatible uses in the areas described in Chapter 653 and within the AICUZ around Fentress Field in Chesapeake, (2) demolish incompatible use improvements in such areas, and (3) to otherwise convert such property to an appropriate compatible use and to prohibit new uses or development deemed incompatible with air operations at the bases. Of the total amount provided by the Commonwealth, the City of Virginia Beach shall be allocated $5,000,000 and the City of Chesapeake shall be allocated $2,500,000. Should either the City of Virginia Beach or the City of Chesapeake advise the Secretary of Veterans Affairs and Homeland Security that they will be unable to fully use its allocated amount during the term of the grant, then the portion that will not be used may be distributed to the other locality upon application to the Secretary of Veterans Affairs and Homeland Security. B. The Secretary of Veterans Affairs and Homeland Security shall develop an annual grant application which shall include, at a minimum, requirements for the Grantee to (1) report expenditures each quarter, (2) retain all invoices, bills, receipts, cancelled checks, proof of payment and similar documentation to substantiate expenditures of grant funding, (3) provide a 50 percent cash match from non -state funds, (4) return excess state grant funding within thirty (30) days after the term of the grant expires, and (5) return to the Commonwealth half of all proceeds received by the grantee during the grant term from the sale of any properties acquired using grant funds pursuant to Chapter 653 of the 2008 Acts of Assembly or Chapter 266 of the 2006 Virginia Acts of Assembly. C. 1. Prior to the distribution of any funds, any Grantee seeking funding under this Item shall submit a grant application to the Secretary of Veterans Affairs and Homeland Security for consideration. 2. Payments to Grantees shall be made in equal quarterly installments. After the initial payment, the Secretary of Veterans Affairs and Homeland Security shall make additional quarterly payments to the Grantee based on the quarterly expenditure reports. In making subsequent payments, the Secretary shall ensure the Grantee's match funding is being expensed at the appropriate rate and limit surplus state funding at the local level by withholding quarterly payments as necessary. 3. The Secretary may approve a request by the Grantee for additional state funding in a particular quarterly payment if supporting documentation is provided. D Legislative Agenda General Assembly Session 2014 4. The Secretary shall allow the term of the FY 2014 grant to extend until June 30, 2015 and the FY 2015 grant to extend until June 30, 2016, to allow time to finalize transactions, demolish structures and achieve program goals. D. The Commonwealth shall have the right to make inspections and copies of the books and records of the Grantee at any time. The Grantee shall undergo an audit for the grant period and provide a copy of the audit report to the Secretary. Legislative Agenda General Assembly Session 2014 6. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: People with serious mental illness, as well as their loved ones, face a crisis when it comes to accessing services they need. From FY 2009 to FY 2013, Virginia cut an overall total of $37.7 million, or 8.9%, from mental healthcare funding, and approved reductions in Medicaid rates for certain critical behavioral health services. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship, have exacerbated the problem. Additionally, an epidemic of post-traumatic stress disorder and other mental health issues plagues our returning combat veterans, leading to an unprecedented increase in service member suicides. An estimated one-third of homeless men in the United States are military veterans, including wounded warriors of current and previous conflicts, and a substantial number of those homeless vets are in need of mental health services. According to the Virginia Department of Behavioral Health and Development Services, nearly 4,500 Virginians are waiting to receive community-based services for mental health. The well-being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare. Request: The City requests that the General Assembly provide meaningful increases to funding for mental healthcare services and housing. Legislative Agenda General Assembly Session 2014 112' SECTION 1.2 - CITY OF VIRGINIA BEACH NEW POLICY/CODE INITIATIVES Legislative Agenda General Assembly Session 2014 Commonwealth Tratisportatio�� Board Appointments Congressional Districts - 2010 tpa Saw, I,iav W 61. 7 4.3 R,4,hM* Hat m Ffk Doke ft". J, �,j Sull 9 Kim rmmdde C. 'Virginia Beach NMI 0 Legislative Agenda General Assembly Session 2014 Commonwealth Transportation Board Appointments VDOT Construction Districts j Legislative Agenda General Assembly Session 2014 7. COMMONWEALTH TRANSPORTATION BOARD APPOINTMENTS SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR. Background Information: Currently, the Commonwealth Transportation Board is primarily composed of members from the construction districts across the Commonwealth. Hampton Roads is a district; Richmond and other areas are also districts. In the late 1920's, the construction districts were formulated and do not accurately represent the current population. As presently designated, these districts reflect areas where VDOT once had centralized operations plus the northern Virginia District. Since that time, the Commonwealth's population has coalesced along the I-95/1-64 corridor and the I -66/I- 81 corridor. The construction districts and the representation on the Commonwealth Transportation Board do not correlate with where the majority of the people in the Commonwealth live. Request: The General Assembly is requested to amend the Code of Virginia to have the Commonwealth Transportation Board primarily selected by one representative from each Congressional district and retain the current At -Large members. For instance, in Hampton Roads, this would include four members representing the 1st, 2nd, 3rd, and 4th Congressional Districts plus At -Large members residing in that region. Congressman Bobby Scott represents the 3rd District, which consists of the I-64 Corridor and southeast Virginia. Congressman Rob Wittman represents the 1st District, which is the I-64 Corridor and Route 17through to Fredericksburg. Congressman Scott Rigell represents the 2nd District, which includes the Eastern Shore, all of Virginia Beach, and parts of Norfolk and Hampton. Congressman Randy Forbes represents the 4th District, which consists of Chesapeake, the Route 58 and the Route 460 Corridor. Having the representation aligned with the Commonwealth's population is the most equitable way for Commonwealth Transportation Board to prioritize funds and programs for the Commonwealth. B Legislative Agenda General Assembly Session 2014 Commonwealth Transportation Board (CTB) Membership Current Proposed Commissioner of Transportation Commissioner of Transportation Director - Department of Rail and Public Director - Department of Rail and Public Transportation - Non -Voting Member Transportation - Non -Voting Member District Representatives based on 1920's Members from equally populated Construction Districts including Northern Congressional Districts Virginia 3 At -Large Urban 3 At -Large Urban 2 At -Large Rural 2 At -Large Rural 17 Members 19 Members *** Attached Maps - Voting Districts*** Legislative Agenda General Assembly Session 2014 1 1 7 8. JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION (JLARC) REVIEW OF THE EQUITY OF TRANSPORTATION FUNDING SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR. Background Information: Currently, the General Assembly gives the Commonwealth Transportation Board (CTB) power to allocate funds for transportation construction after maintenance and other subtractions are taken from total revenues available. The first $500 million goes into bridge and interstate maintenance, etc. By 2017, the growth in funding under HB2313 will allow allocations to again be made to the urban, secondary, and primary systems. The basis for the distribution wherein 40% of the funding goes to primary roadway allocation and 30% goes to each of the secondary and urban allocation is based on work done by JLARC in 1984. At that time, JLARC did a rigorous investigation of the needs from the various systems and recommended that the General Assembly distribute a 1/3 portion of funds to each system. This recommendation was based on a "rigorous and objective analysis of the need for construction dollars, which are the direct result of known deficiencies in the existing highway system through the year 2005." Instead, in 1984, the General Assembly changed the funding to 40-30-30 that exists to this day. This distribution formula based on data from the early 1980s is representative of the need for JLARC to engage in a new study to examine the adequacy of funding for transportation and especially how new funds to be provided through HB2313 should be most appropriately spent. Request: The General Assembly is requested to direct JLARC to undertake a study as was completed in 1984 QLARC Study #64 - The Equity of Current Provision for Allocating Highway and Transportation Funds in Virginia). This study could also look at the funding breakouts for other modes such as public transportation, ports, and airports. Also, the adequacy of roadway maintenance funding provided to localities should be included in the analysis. It may be necessary for this work, because of the complexity to be completed over a two-year period. Legislative Agenda General Assembly Session 2014 9. STATE MAINTENANCE OF TOLLED ROADWAY PROJECTS SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR. Background Information: Recently, the state has begun several public/private partnerships for transportation projects. Enhanced roads include the Elizabeth River Crossing, which is a second midtown tube and improvements to the existing Downtown Tunnel and construction of Martin Luther King Freeway and Route 460 improvements between Suffolk and I-295. As part of the agreement reached with the private contractors, the state is requiring that the contractors provide all the maintenance for these projects, which would be paid for with toll revenue. This is very unfair to the toll payers and the general public because toll payers must provide the maintenance rather than the state. The tolls are considerably higher than they would be if the Commonwealth shared in covering the maintenance burden. The state should be paying for maintenance on these projects with funds from the Highway Maintenance & Operations Fund (HMOF) as it does with all other road projects throughout the Commonwealth. Request: The General Assembly is requested to prohibit the Virginia Department of Transportation (VDOT) from requiring toll revenue to pay for maintenance on private/public partnership projects and other tolled roadways going forward. In addition, the General Assembly should encourage VDOT to reexamine the existing contracts to have HMOF monies replace toll dollars for maintenance purposes. In fairness, toll rates should be reduced by offsetting amount on projects such as for the Elizabeth River Crossing Project. Legislative Agenda General Assembly Session 2014 10. PRESERVATION OF PRIVATE RIPARIAN/LITTORAL RIGHTS (TITLE 28.2) SPONSORED BY COUNCIL MEMBER JAMES L. WOOD Background Information: The City of Virginia Beach has undertaken several sand placement projects along the Atlantic Ocean and the Chesapeake Bay, and the City will likely begin new sand placement projects to protect homes, businesses and public assets and infrastructure that are at serious risk from erosion and flooding. In Virginia, lands that are submerged belong to the Commonwealth of Virginia (Virginia Code Ann. § 28.2-1200), and it has been claimed that when sand is placed on the water's edge, the Commonwealth continues to own the strip of emerged lands caused by the sand placement, thereby severing private property owners' riparian status. Riparian and littoral property owners own property that borders on a body of water and enjoy certain rights by virtue of being waterfront property owners. "Riparian rights" (also called "littoral rights" along a bay or ocean) are property rights to use the submerged lands adjacent to an owner's waterfront property for certain purposes to maximize the waterfront nature of their land. Although the Commonwealth is the owner of the submerged lands, these lands may be used by the riparian owner for certain purposes. There are 5 recognized riparian rights in Virginia common law: 1. The right to be and remain a riparian owner and to enjoy the natural advantages of being adjacent to the water. 2. The right of access to the water, including a right of way to and from the navigable part. 3. The right to build a pier or wharf out to navigable water, subject to any regulations of the Commonwealth. 4. The right to accretions or alluvium. "Accretions" are the imperceptible additions of new land to the shore caused by natural deposits of sand or other material. "Alluvium" is the sand or other material that is deposited by natural forces such as wind and water. S. The right to make a reasonable use of the water as it flows pastor washes upon the land. Legislative Agenda General Assembly Session 2014 It is not the City's intention to sever or affect riparian or littoral rights when adding sand to public beaches. The City offers this legislation as a means to clarify the riparian status after a sand placement project and to maintain the status quo for private property rights when public projects cause the placement of sand on public beaches and easements. Although this legislation would preserve the fee interest and riparian rights of the private landowner, the newly created land will be subject to the public's right of use and maintenance. The legislation simply deems such sand placement to be treated the same as if it had occurred naturally, which does not affect riparian status. Request: The General Assembly is requested to enact a new section in Title 28.2 to clarify the riparian/littoral status of private property owners after public sand placement projects on public beaches and waterways. Requested Code Change: TITLE 28.2: Notwithstanding any provision of law to the contrary, where sand or other material is placed upon state-owned beds of the bays, rivers, creeks and shores of the sea channelward of the mean low-water mark as part of the performance of a properly permitted beach nourishment, storm protection or dredging project undertaken by a public body, and the public has an established right of use and maintenance upon the adjacent land above mean low tide, such placement shall not be deemed a severance or taking of, or to otherwise have impaired, an adjacent landowner's riparian or littoral rights, and the newly created land channelward of the former mean low-water mark shall be deemed natural accretion for purposes of ownership, but such ownership shall be subject to the public's same right of use and maintenance upon the newly created land as previously existed on the adjacent land above the mean low-water mark. Legislative Agenda General Assembly Session 2014 11. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENT SPONSORED BY COUNCIL MEMBER ROSEMARY WILSON Background Information: For the first time, the Government Accounting Standards Board (GASB) is prescribing how unfunded liabilities of cost -shared pensions should be reported. Local governments in Virginia with school divisions will find themselves burdened with more than $15 billion in unfunded liability. School divisions' liabilities will officially show up on local financial statements in FY15, and will be based on the FY14 valuation, and thus will be available to rating agencies earlier than the FY 15 deadline. In Virginia, teachers are employees of the school boards which send retirement contributions to the Virginia Retirement System (VRS). Under the new GASB rules, even though the state and the school board fund the contributions, the unfunded liability falls solely on the school boards/local government. This means the liability will be shown on the city, county, or town financial statements. There is no rationale for localities to bear full responsibility for the unfunded liability for the teacher retirement plan and have its credit rating potentially negatively impacted. The state sets standards that require a minimum number of teachers. Pensions are part and parcel of a compensation package. There is no rationale for the state not bearing a portion of the responsibility for pension costs, including recognition of unfunded liabilities. For more than 20 years, the state has often chosen to fund the teacher retirement plan at rates below those recommended by the VRS Board of Trustees. At the same time, the state also expanded retirement benefits by decreasing age and service requirements, allowed for purchase of service, and required health insurance credits. Consistent underfunding, benefit increases and investment losses due to the Great Recession have increased the unfunded status of the teacher retirement plan. The fund has just 60.2 percent of the assets needed to pay its liabilities. Request: The General Assembly is requested to fully fund the actuarial rate as indicated by the VRS going forward. It is recommended that the unfunded liability of the teacher retirement plan should be a responsibility shared by the state and local governments. The Commonwealth should pay at least its fair share of teacher retirement costs directly to VRS. The share of the City of Virginia Beach for the Schools Actuarial Pension Liability is $816.2 million, which would be reduced after the Commonwealth pays its portion. Legislative Agenda General Assembly Session 2014 12. REAL ESTATE TAX RELIEF — MILITARY AVIATION MUSEUM SPONSORED BY COUNCIL MEMBER BARBARA HENLEY Background Information: The Military Aviation Museum located in Virginia Beach is the home to many historic war birds. These are military aircraft that date back to the beginning of military aviation up through the post - World War II era. Some of these aircraft are the only one of their kind existent in the world. They include aircraft from major Air Forces such as the United States, French, British, German, etc. These planes show the evolution of aviation in the military from the earliest flimsy bi-planes up through the very rareP-51 Mustang and the world's only flying Mosquito aircraft. The facility is located on more than a hundred acres just south of the Pungo area in Virginia Beach. The museum includes reproduction of War World II hangers, modern exhibit space, and many other ancillary buildings. This facility hosts tens of thousands of visitors per year and is a tremendous educational tool to show students, both young and old, improvements to aviation through military usage and the "inventedness" of man. This is also a substantial tourism attraction. Request: The City of Virginia Beach requests the General Assembly amend the Code of Virginia to allow the City to provide real estate tax relief to the Military Aviation Museum located in Virginia Beach. This is expected to cost the City approximately $80,000 a year. This loss of income is more than made up by increased tourism and the educational experience provided by this facility. D 13. RECURRENT COASTAL FLOODING Background Information: Legislative Agenda General Assembly Session 2014 1 SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR. The 2012 General Assembly of the Commonwealth of Virginia unanimously passed SJR 76, 2012: Recurrent Flooding Study of Tidewater Virginia and commissioned a study to evaluate Virginia's coastal communities' current capabilities to identify and implement comprehensive adaptation strategies to mitigate recurrent coastal flooding. The study was conducted by the Virginia Institute of Marine Sciences (VIMS) and published as Senate Document No.3 January 2013 (VIMS Report). The VIMS Report concludes Virginia localities are not adequately equipped to address and implement meaningful flood mitigation strategies required for responding to predicated relative sea level rise on their own. Within the VIMS Report, there are a series of simulations that show impacted areas as influenced by: a) storm surge, b) sea level rise, and c) the recurrences of storms making land fall within the region. All of these factors both individually and collectively are anticipated to increase the frequency and the severity of coastal flooding events. This will increase damages to public and private property, amplify impacts to public safety, and increase disruption to individuals and the economy. Left unaddressed, the Commonwealth can reasonably anticipate that it will see significant and profound coastal flooding now and into the immediate planning horizon. This contention supported by the VIMS Expert Advisory Panel is that Virginia localities are overwhelmed by the magnitude of the recurrent coastal flooding challenge and do not have sufficient technical resources to define and address the coastal flooding risks. Further, Virginia local governments lack the framework and structure for responding to and planning for future significant recurrent coastal flooding events, nor the financial resources or regulation authority to implement necessary comprehensive flood mitigation solutions. To mitigate these shortfalls, the VIMS report strongly recommends that the state take a stronger leadership role to incorporate flood and sea level rise management into their purview. It also recommends the state take ownership of the necessary integration role between the localities and the appropriate federal agencies. Request: The City of Virginia Beach requests the General Assembly to establish and fund a Joint Study Committee to further investigate and make recommendations on recurrent coastal flooding in Virginia. �u e� o U � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the Strategic Plan to End Homelessness MEETING DATE: October 22, 2013 Background: In 2007, the Council adopted the City's first Ten Year Plan to End Homelessness. Because of changes and progress since then, including the Federal Hearth Act, the study of the City's homeless system, and planning for the Housing Resource Center, staff has developed and received public input on a new plan entitled, "The Strategic Plan to End Homelessness." The Council was briefed on the new plan on October 8, 2013. ■ Considerations: The proposed new plan recognizes changes since the original plan was adopted. These changes are appropriate to help staff and the community move forward to most effectively address the challenge of homelessness. In addition, having an updated plan helps communicate to the United States Department of Housing and Urban Development ("HUD") our community's continued efforts to address HUD's recommended and/or required steps for Federal funding. ■ Public Information: Public input was sought for draft versions of the proposed plan throughout August, 2013, via the Virtual Town Hall software. On August 21St, a public meeting was attended by over 30 people. Finally, draft versions of the proposed plan were presented and discussed at the regular monthly meetings of the BEACH Community Partnership on August 20 and September 17, 2013, which resulted in the BEACH Planning Committee's endorsement of the plan at its September 17 meeting. ■ Alternatives: If a new plan is not adopted, the existing plan would continue in force. ■ Recommendation: Approve the attached resolution. ■ Attachments: Resolution; "The Strategic Plan to End Homelessness" Recommended Action: Approval Submitting Department/Agency: Hoeg and Neighborhood Preservation City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A RESOLUTION ADOPTING THE STRATEGIC PLAN TO END HOMELESSNESS WHEREAS, the City of Virginia Beach's vision of Community for a Lifetime includes all residents; and WHEREAS, addressing the problem of homelessness is a part of achieving that vision; and WHEREAS, the City seeks to update and improve its previous plan to end homelessness; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Strategic Plan to End Homelessness (the "Plan"), attached hereto and incorporated, is hereby adopted; and 2. That the City Council asks all those with an interest in ending homelessness to work cooperatively with the City in alignment with the Plan; and 3. That the City Council hereby authorizes and directs the City Manager to submit the Plan to the U.S. Department of Housing and Urban Development (HUD) and other interested groups on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'i De0adment"bf-Housing and Neighborhood Preservation CA12799 October 10, 2013 R-1 City Atto Heys Office CITY OF VIRGINIA BEACH STRATEGIC P"O -9-1,naNA!7w I, F -�k r -, I NESS -am,, S October 2013 1 Developed by: vIRGiN1,A BEACH HOUSING & NEIGHBORHOOD PRESERVATION Bringing an End to All City Homelessness This plan is intended to represent the vision of the entire Virginia Beach community to end homelessness. It is the collective work of the BEACH Community Partnership, private citizens, city government, and numerous faith -based, nonprofit and private organizations. This plan is intended to serve the needs of all who experience a housing crisis or homelessness including families, individuals, youth, veterans and people transitioning from institutional living. Organizations that made contributions and commented on this document include the following: • Access -Aids • BEACH Community Partnership • City of Virginia Beach Departments of Health, Human Services, Housing and Neighborhood Preservation • Community Alternatives Management Group • The Endependence Center • Judeo-Christian Outreach Center • PIN Ministry • Potters House • The Planning Council • Samaritan House • Seton Youth Shelters • Stand Up For Kids • VetsHouse • Virginia Beach Community Development Corp • Virginia Beach Public Schools • Virginia Organizing • Virginia Supportive Housing • Volunteers of America COEDITS Lynne Carruth, a consultant working for the city, was the main author of this plan. John Boylan, Homeless Policy and Resource Coordinator in the Dept. of Housing and Neighborhood Preservation (DHNP), contributed significantly to the content and review. The final plan was edited by Andrew Friedman, director of DHNP. rONTENTS Homelessness in Virginia Beach Today 1 Understanding the Scope of the Problem 1 The Context for Our Plan 3 Achievements to Date 6 The Challenges that Remain 7 Goals and Objectives 13 Action Plan 17 APPENDIX 1: ACRONYMS AND GLOSSARY OF TERMS 31 APPENDIX 2: EXECUTIVE SUMMARY OF HOUSING CRISIS RESPONSE SYSTEM REPORT APPENDIX 3: WEBSITE RESOURCES 34 HOMELESSNESS IN VIRGINIA BEACH TODAY There are many reasons why families and individuals become homeless: job loss; mental illness; family breakup; inability to afford housing costs; and health care costs. The impact of homelessness on a community is far reaching and long-lasting. The crisis of homelessness perpetuates itself in poor educational, health, employment and family outcomes for our community's most vulnerable residents. The cost to the community as a whole can be measured by expenditures for police intervention, incarceration, medical treatment and hospitalization, academic remediation and emergency assistance. It is also important to know that people move in and out of homelessness on an ongoing basis so we cannot point to a single number and say that we have successfully assisted every person or family who will ever become homeless. But what we can do and have been doing is to drastically reduce the number of people that become homeless and to shorten the length of time that they experience homelessness; that is our definition of ending homelessness. The primary sources of data about the homeless in Virginia Beach and their service needs are the annual survey of people who are homeless, known as the Point -in -Time Count (PIT), and the Homeless Management Information System (HMIS), a computerized data collection system used by service providers. The PIT, conducted over a 24-hour period in January of each year, provides an unduplicated count of individuals and families in shelter as well as those living on the street. Data from the January 2013 PIT provides the following information: Snapshot: Number of Homeless People Counted in January, 2013 • 389 Sheltered (people in shelters or transitional housing) • 67 Unsheltered (people actually on the street or not in any type of housing or shelter) • 456 Total People Of these o 201 Persons were in Households with children (including 123 children) o 255 Persons in Households without children VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE • Chronically Homeless Individuals: People who were continually homeless for a year or more; or have had multiple episodes of homelessness over the past 3 years o Approximately 20% of all homeless persons in Virginia Beach were considered chronically homeless —93 individuals and members of families. o This is higher than the national rate of 16%. o Approximately 33% were unsheltered — this means about 30 people were chronically homeless and unsheltered. The following chart depicts subsets of the total homeless population: Homeless Subpopulation Groups Identified During the 2013 PIT Count note: some persons are counted in more than one category in this chart. shelters, transitional housing and safe havens Total Number of Veterans 69 9 78 (including female Veterans) Number of Female Veterans 12 0 12 (subset of all Veterans) Severely Mentally III 56 21 77 Chronic Substance Abuse 60 19 79 Persons with HIV/AIDS 4 0 4 Victims of Domestic Violence 58 17 75 Chronically Homeless Individuals 59 30 89 Chronically Homeless Families 1 0 1 (Total Number of Families) Chronically Homeless Families 4 0 4 (Total Persons in Household) In the 2011-12 school year, 637 students were identified as living in households considered homeless or at risk of homelessness. This information comes from Virginia Beach City Public Schools Project Hope, which is required to identify, assist and report on students experiencing or at -risk of homelessness. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 2 How Virginia Beach's Homelessness Compares to Other Cities Virginia Beach's rate of homelessness is about 12 persons per 10,000. Based upon a comparison of data from 2010, that is the lowest for regional cities, the state, and comparable cities in the nation. We hope that our low rate is, at least in part, a result of efforts to date, but we still recognize the need to continue to improve. The following chart compares rates of homelessness as reported to HUD in 2010: How Do e Compare to Other Cities and the U.S. as a Whole ?- 2010 - Homeless Persons per 10,0W of C;eneral Population 22 24 12 14Ft L I VS oc THE CONTEXT FOR OUR PLAN .='1 Y't--= St trs.130 =915?==1 VA St 174.cc4t The City's Role in Ending Homelessness and How our System has Worked The City has taken an active role in addressing homelessness since 1984 by working with non-profit, faith -based and regional partners to plan and implement programs addressing homelessness. Many of the existing organizations and services in Virginia Beach were started as initiatives by faith organizations who recognized that a separate non-profit was needed to carry out homeless assistance programs and obtain grants. Our system has always been a combination and/or partnership of government, faith organizations and non -profits working together. The City has played various roles in the system but, in general, our approach has been to help lead, organize and partially fund the system of services that are primarily delivered by non-profit and faith VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 3 organizations. We have been the lead agency for the Virginia Beach Continuum of Care, helping to obtain and maintain key funding received directly from HUD by many of the non-profit service providers. We have been a key funder of services, but certainly not the only one. We have been a facilitator and supporter of community planning and dialogue to address homelessness and a participant and leader in regional planning and decision-making. As we adopt this plan, we envision the City continuing to play these roles, but to also take a more active role as a catalyst and/or mobilizer of networks of organizations that will address key challenges. The City will also act as a funder of key and required elements of the more comprehensive and organized system necessary for success. Our current system of services, in many ways, has "just grown" overtime through the efforts of many groups and individuals. This is both a strength and a weakness. It is a strength because of the diversity of effort exerted, the initiative of each individual, faith congregation and non-profit and the creativity brought to address the problem. The weakness lies in the lack of consensus on the approaches and system for addressing the problems and lack of a unified decision-making process. Given that our system will always be composed of independent organizations, it will, to a certain extent, continue to depend on the good will of all involved to work cooperatively. As cooperation and coordination are also mandated for those who receive Federal funds, we expect that significant progress will be made, while striving to maintain the balance between coordination and independence. The most recent plan addressing homelessness was adopted by City Council in 2007; this update, the 2013 Strategic Plan to End Homelessness, builds upon and expands the 2007 plan. It incorporates progress to date, new research and addresses the following key items: • In May 2013, the City Council approved design funding for a Housing Resource Center to be located at 104 N. Witchduck Road. • A new Federal law called the HEARTH Act requires that certain changes to every city's homeless services system be in effect by August 2014. • A study of the city's housing crisis response system, completed in spring 2013, recommended changes to how our system is organized and operated. Other Plans In addition to the items listed above, this plan has been developed and will be executed in the context of overall city goals and plans including related plans for housing. This is a major consideration that will support the overall success of multiple city goals. These relevant city plans and guidance documents include the annually -developed City Council Priorities and the Comprehensive Plan — especially Chapter 10 - the Housing and Neighborhood Plan. These documents define key city goals, including housing options that serve people at all income levels and life stages. Additional plans and programs that are relevant include: VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 4 • The HUD Consolidated Plan, which identifies priorities, funding and programs to meet the housing needs of low and moderate income persons. • The Homeless Continuum of Care strategy, which defines our current system of services for the homeless and provides significant funding for them. • The regional "Housing Opportunities for People with AIDS" plan, which guides the use of Federal HOPWA funds. • The Workforce Housing Program designed to enhance affordable housing opportunities so that vital members of the workforce can afford to live and work in Virginia Beach. In addition, since so much of the funding for homeless services and affordable housing is federal, federal housing funding and regulations play a significant role in determining what can be done. Regional Relationships Regional cooperation is an essential element in addressing homelessness because we have a regional housing market; because we have organizations that work throughout the region; because people seeking housing don't care about city boundaries; and because, through regional cooperation, we can solve problems by sharing resources and costs and thereby reduce the costs to individual localities and taxpayers. Virginia Beach has been an active participant in the South Hampton Roads Regional Taskforce on Ending Homelessness since 2005, when it was created. The Task Force consists of the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach, and Isle of Wight County, The Planning Council and the United Way of South Hampton Roads. The taskforce develops and implements regional activities. The best example of the success of regionalism has been the creation of efficiency apartment developments for formerly homeless people. Since 2006, four apartment developments consisting of a total of 240 units have been developed and are occupied by formerly homeless single people. These developments were built by Virginia Supportive Housing, a statewide non-profit and received financial support from multiple cities. For example, the most recent development, Heron's Landing in Chesapeake, received financial support from Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach. By supporting these projects jointly, the cities have created far more housing than they could have individually. The regional nature of the projects has also attracted additional federal, state and private funding, so that millions of dollars of non -city funding has been leveraged to help build and operate these developments. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 5 In 2009, Congress enacted the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act which requires significant changes in the way communities plan and deliver services. Communities must now operate as a coordinated service delivery system rather than as a collection of individually funded projects. Specific requirements include a coordinated assessment process, performance-based funding, a focus on homeless prevention and permanent housing and an inclusive governance structure with representation from all service providers, not just those receiving federal funding. Implementation of HEARTH Act requirements is critical to ensuring the continuation of annual federal funding of approximately $1.4 million. The Housing Resource Center The Housing Resource Center will replace and expand upon the services currently offered at the Lighthouse Center. The Housing Resource Center will serve as the focus for our community's effort to end homelessness through coordination of intake, assessment, services and referrals for families and individuals. Currently in the planning stage, the center will be located at 104 North Witchduck Road. Facilities and services will include day services and emergency shelter for families and individuals. Permanent affordable housing may also be included on the site. The center is expected to be operational by the fall of 2017. ACHIEVEMENTS TO DATE Significant progress has been made since the first receipt of federal emergency shelter grant funding in 1984. Many major projects and programs have successfully enhanced what existed over 30 years ago to create what we have today. There are multiple major milestones that have been achieved by all involved agencies. The development of this plan is intended to build on and improve what has been created to date. A few of the key dates and important achievements are highlighted below: • 1984: First receipt of Federal Emergency Shelter Grant funding—used to help fund the Winter • Shelter program, a partnership of faith congregations, a non-profit and the city, which provides shelter at city churches from October through April. This program has now been operational for 29 years, and for the last 20 has been operated by Volunteers of America. • 1984: Samaritan House, providing shelter to victims of domestic violence and homeless families, is organized. • 1985: Mother Seton House, now called Seton Youth Shelters, is formed. It provides shelter to homeless and runaway youth. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 6 • 1985: Virginia Beach Community Development Corporation (VBCDC) is formed by the City Council. VBCDC provides affordable housing and homeless services, and now owns over 300 units of affordable housing. • 1986: Fire Escape on 17th & Pacific opens; later becomes Judeo-Christian Outreach, which provides shelter for the homeless as well as a daily dinner for all those in need, in partnership with area churches. • 1988: Community Alternatives, a non-profit to serve the housing needs of mentally ill and substance abuse persons, including the homeless, is formed; it now houses participants in Dept. of Human Services programs as well as others. • 1994: City coordinates the first continuum of Care application to HUD and is successful in receiving Federal funds; the application has been successfully submitted and funded each year since then. • 1996: The Lighthouse Center construction is completed. The Center becomes the gathering site for the Winter Shelter and provides daytime services such as laundry, showers and access to services. • 2005: The South Hampton Roads Regional Task Force to End Homelessness is chartered by Southside Mayors and Chairs and begins work. • 2006: Gosnold Apartments (60 apartments) opens, the first of four regional efficiency apartment developments for the homeless. • 2007: City council adopts the city's first Ten Year Plan to End Homelessness . • 2008: Cloverleaf Apartments (60 apartments), the 2"d efficiency apartment development, opens in Virginia Beach. • 2009: The BEACH Community Partnership is formed. • 2010: South Bay Apartments (60 apartments) in Portsmouth opens, the third regional project. • 2011: Judeo Christian Outreach opens 22 units of permanent and transitional housing for veterans. • 2013: Study of Virginia Beach's homeless services system by OrgCode, Inc. completed. • 2013: City Council authorizes design funding for the Housing Resource Center. • 2013: Heron's Landing Apartments (60 apartments) in Chesapeake opens. • 2013: City Council rezones property for Crescent Square Apartments (80 apartments). • 2013: Cedar Grove Apartments opens, providing 32 units of permanent housing for veterans. THE CHALLENGES THAT REMAIN Despite the many successes achieved both in Virginia Beach and regionally, we recognize that challenges remain. There are still hundreds of people who are homeless and families who face housing crises daily. This plan is designed to address many of those challenges and accelerate our progress. Among those challenges, as identified in the study of our system conducted by OrgCode in 2013, are the following: VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 7 1. We do not have a fully integrated system of services. There are no clearly defined pathways to obtain services and there are multiple access points, some of which work more efficiently than others. 2. Data on homelessness and homeless services is not as accurate or complete as it could be. 3. Providers do not use a common assessment system to determine the needs of homeless persons. As a result, consistent and appropriate service plans and referrals are not done as frequently as they could be and service plans may not be as effective as possible. 4. Providers across the system are not necessarily aware of or have easy access to information about all components of the system which limits their ability to assist persons they encounter. 5. Our system does not yet comply with the requirements of the federal HEARTH Act. 6. We need to implement best practices in addressing homelessness, both at the program level and in individual capability, through training about available tools and approaches. 7. There have been significant reductions in funding of federal housing and homeless programs that reduce the resources available to achieve our goals VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 8 An effective plan requires a vision of what we're trying to achieve and principles that guide how decisions are made. This vision and principles are proposed based on discussions and decisions made by the BEACH Community Partnership as well as on how work is already done: Our Vision Realizing our personal and collective responsibility to our fellow man, we mobilize our community to prevent and end homelessness. We envision a future where everyone in Virginia Beach will be able to live in safe, decent and affordable housing. The Principles that Guide this Plan and Our Work • We believe that we can prevent and end homelessness in Virginia Beach for individuals and families. This means that we can drastically reduce its occurrence and shorten the length of time that people are homeless. • Homelessness creates both direct and indirect costs to our community; ending homelessness will both reduce those costs and create other benefits for the entire community. • We will end homelessness through the active collaboration of all sectors of our community. The BEACH Community Partnership represents our community's coordinated effort to do this. • We must invest our resources in solutions that are shown to be effective and sustainable. • We will work cooperatively with our local and regional partners to ensure that we do the most effective work with the lowest possible cost to taxpayers and other funders. Our regional work will focus on what can best be achieved together, while recognizing that some efforts require a local approach. • We will focus our efforts on prevention of homelessness, diversion to other community and family supports and rapid rehousing; our programs will provide the least amount of assistance necessary to ensure housing stability. • Our community will provide opportunities to help people avoid and end homelessness and we rely on those who experience it to take maximum advantage of those opportunities. • Our service system will be person -centered, ensuring that homeless families and individuals play an active role in defining their needs and wants and are supported to obtain services that best achieve those goals. The person, not the system, is in charge of defining the direction for their lives. This includes ensuring that the needs of special populations are met and that all who need opportunities to avoid or end homelessness are served appropriately. • We will use defined and measurable outcomes to determine the results of our work and how it can be improved. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 9 Our plan is organized around four broad goals designed to have a significant impact on homelessness. Together, these goals represent a comprehensive approach to ending homelessness by developing a more efficient, effective and coordinated delivery system for services and housing. Accompanying each goal is a discussion of why it is important and its expected impact. A more detailed look at the goals, with objectives and action steps, is presented in Section 4. GOAL 1: INCREASE LEADERSHIP, COLLABORATION, INNOVATION AND CIVIC ENGAGEMENT IN OUR COMMUNITY EFFORTS. Rationale: Ending homelessness only occurs where there is a strong, informed community commitment and partnership evidenced by the involvement and support of business and civic leaders, public officials, faith -based volunteers and providers of housing, human services and health care. Although significant progress has been made, collaboration across all sectors must be increased to establish and implement action plans that will end homelessness. There must also be additional ongoing opportunities for citizen engagement through educational programs, volunteerism and public-private partnerships. Innovation - in the use of resources, interaction with our partners and how we work with our homeless citizens - has been a key factor in development of model programs, such as creation of four regional efficiency apartments and must continue to inform our work. What impact will achieving this goal have? Greater involvement, better coordination and more innovation will generate new ways to achieve our goals and more support for achieving them. GOAL 2: CREATE A COLLABORATIVE SYSTEM OF SERVICE DELIVERY AND ACCESS THAT EFFECTIVELY AND EFFICIENTLY CONNECTS PEOPLE TO SERVICES THAT MEET THEIR BASIC NEEDS AND SUPPORT HOUSING STABILITY. Rationale: For this plan to be successful it is necessary that services for persons who experience homelessness operate as a cohesive, comprehensive system. The system must incorporate all services in the community, whether they are part of the non-profit, government or non-governmental sector. The assistance provided must also ensure that the basic needs for shelter and food are met as well as access to stable housing. The federal HEARTH Act creates some of the rationale for this goal. The HEARTH Act requires significant changes to the way localities deliver homeless services. Communities must now operate as a service delivery system rather than as a collection of individually funded projects. Funding will be predicated on VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 10 meeting specific performance measures. Our current system is moving in the direction of better collaboration but additional improvements can be made. A successful model for coordinated service delivery is through networks of agencies and community volunteers who collaboratively provide services to address specific issues such as chronic homelessness, homeless families or healthcare. Some challenges to achieving this goal are the number of current service providers, multiple service locations and multiple access points with limited coordination and data -sharing among them. There is no single pathway for a person to follow to obtain the services they need nor is there a coordinated assessment process and provision of referrals. This results in duplication of effort as clients must be re- assessed at every entry point. Additional barriers to service include lack of standard criteria for program entry, limited prevention funds and inadequate emergency shelter space. What impact will achieving this goal have? People experiencing homelessness will find an organized system that is easy to access, easy to navigate and efficiently directs them to available services and housing. Service providers will more effectively and efficiently connect clients with needed services by having a defined system of services and access to accurate, real time information. GOAL 3: INCREASE AND MAINTAIN THE SUPPLY OF AND ACCESS TO PERMANENT, ACCESSIBLE AND AFFORDABLE HOUSING. Rationale: One of the fundamental causes of homelessness is the gap between a household's income and the cost of housing. People are generally extremely poor at the time they become homeless. An adequate supply of housing that is affordable is a permanent, cost effective solution to homelessness that provides benefits to the entire community. The relatively high cost of housing In Virginia Beach poses a significant challenge to lower income families. 2011 data indicates that nearly 42% of all households are cost -burdened — paying more than 30% of their income for housing, the accepted standard for housing affordability. For very low-income households living in rental units, with incomes of $20,000 or less, the challenge is even greater; 94% of these households are paying more than one third of their income for rent. Such households are at risk of homelessness through a single event such as loss of employment or a medical emergency. Compelling evidence of the housing affordability crisis was demonstrated in September 2012, when applications were accepted for Virginia Beach Housing Choice vouchers, a federally funded rental subsidy. In one week, approximately 5,000 applications for assistance were received from residents of Virginia Beach alone. What impact will achieving this goal have? There will be an increase in the number of affordable housing opportunities available to people who were previously homeless or at risk of homelessness. This will help reduce the number of people who are homeless. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 11 GOAL 4: DEVELOP SUSTAINABLE RESOURCES TO SUPPORT OUR ONGOING COMMUNITY EFFORT. Rationale: Predictable and sustainable funding for programs is required to achieve the goals of our plan. In an era of diminished federal funding and economic uncertainty, it is important to identify new and diversified revenue sources, redirect existing funding to support high performance programs and create partnerships to leverage new resources. What impact will achieving this goal have? A net increase in funding for homeless programs and services creating a level of services and housing more closely aligned with community needs. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 12 OUP GOALS AND OBJECTIVES Presented here, again, are the four broad goals that must be achieved to end homelessness in Virginia Beach. We have added specific objectives that break down the goal into manageable parts. In a separate section, a detailed action plan lists steps to achieve each objective and identifies the lead agency and a timeline for the action. Goal 1: Increase leadership, collaboration, innovation and civic engagement in our community efforts. Rationale: Ending homelessness only occurs where there is a strong, informed community commitment and partnership evidenced by the involvement and support of business and civic leaders, public officials, faith -based volunteers and providers of housing, human services and health care. Although significant progress has been made, collaboration across all sectors must be increased to establish and implement action plans that will end homelessness. There must also be additional ongoing opportunities for citizen engagement through educational programs, volunteerism and public-private partnerships. Innovation - in the use of resources, interaction with our partners and how we work with our homeless citizens - has been a key factor in development of model programs, such as creation of four regional efficiency apartments and must continue to inform our work. Objective 1.1 Strengthen the capacity of key public and private organizations to prevent and end homelessness. Objective 1.2 Increase community knowledge about homelessness and our community's efforts, successes and challenges. Objective 1.3 Maintain and expand partnerships with all those who wish to be part of the effort. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 13 Goal 2: Create a collaborative system of service delivery and access that connects people to services that meet their basic needs and support housing stability. Rationale: For this plan to be successful, it is necessary that services for persons who experience homelessness operate as a cohesive, comprehensive system. The system must incorporate all services in the community whether they are part of the non-profit, government or non-governmental sector. The assistance provided must also ensure that the basic need for shelter and food are met as well as access to stable housing. The federal HEARTH Act creates some of the rationale for this goal. The HEARTH Act requires significant changes to the way localities deliver homeless services. Communities must now operate as a service delivery system rather than as a collection of individually funded projects. Funding will be predicated on meeting specific performance measures. Our current system is moving in the direction of better collaboration but additional improvements can be made. A successful model for coordinated service delivery is through networks of agencies and community volunteers who collaboratively provide services to address specific issues such as chronic homelessness, homeless families or healthcare. Some challenges to achieving this goal are the number of current service providers, multiple service locations and multiple access points with limited coordination and data -sharing among them. There is no single pathway for a person to follow to obtain the services they need nor is there a coordinated assessment process and provision of referrals. This results in duplication of effort as clients must be re- assessed at every entry point. Additional barriers to service include lack of standard criteria for program entry, limited prevention funds and inadequate emergency shelter space. Objective 2.1 Adapt our current system to ensure that it incorporates all components required by the federal HEARTH Act using recognized best practices. Objective 2.2 Replace and enhance the services provided by the Lighthouse Center by creating a Housing Resource Center as the focus for our community's effort to end homelessness through coordination of intake, assessment, services and referrals for families and individuals. Objective 2.3 Mobilize and support the coordination of community providers, volunteers and institutions to create or strengthen networks that address critical components of the services system such as chronic homelessness, homeless families or healthcare. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 14 Objective 2.4 Ensure that the system reaches and effectively serves all those in need, including special needs populations, using person -centered principles and practices. Objective 2.5 Continually enhance the professionalism, effectiveness and accountability of the services system. Objective 2.6 Provide appropriate shelter and survival assistance to ensure that the homeless are safe and protected as they transition from homelessness to stable housing. Foal 3: Increase and maintain the supply of and access to permanent, accessible and affordable housing. Rationale: One of the fundamental causes of homelessness is the gap between a household's income and the cost of housing. People are generally extremely poor at the time they become homeless. An adequate supply of housing that is affordable is a permanent, cost effective solution to homelessness that provides benefits to the entire community. The relatively high cost of housing in Virginia Beach poses a significant challenge to lower income families. 2011 data indicates that nearly 42% of all households are cost -burdened — paying more than 30% of their income for housing, the accepted standard for housing affordability. For very low-income households living in rental units, with incomes of $20,000, the challenge is even greater; 94% of these households are paying more than one third of their income for rent. Such households are at risk of homelessness through a single event such as loss of employment or a medical emergency. Compelling evidence of the housing affordability crisis was demonstrated in September 2012, when applications were accepted for Virginia Beach Housing Choice vouchers, a federally funded rental subsidy. In one week, approximately 5,000 applications for assistance were received from residents of Virginia Beach alone. Objective 3.1 Continue to develop affordable housing units through new construction and conversion of existing transitional housing to permanent housing, as determined by community needs. Objective 3.2 Avoid losses of existing affordable housing units through ongoing review of rehabilitation needs and financing and program requirements. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 15 Objective 3.3 Increase financial su Objective 3.4 Continue to create partnerships with non-profit and private sector housing developers for development of affordable housing. Objective 3.5 Ensure an adequate supply of housing that is appropriate for special needs populations. Goal 4: Develop sustainable resources to support our ongoing community effort. Rationale: Predictable and sustainable funding for programs is required to achieve the goals of our plan. In an era of diminished governmental funding and economic uncertainty, it is important to identify new and diversified revenue sources, redirect existing funding to support high performance programs and create partnerships to leverage new resources. Objective 4.1 Increase the availability of funding for proven assistance programs and new initiatives that end homelessness. Objective 4.2 Identify and obtain new non -monetary resources. Objective 4.3 Partner regionally and statewide in resource development in order to ensure a net increase in available funding. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 16 ACTION PLAN This part of the plan proposes specific actions, lead actors, benchmarks to measure their achievement and dates by which they should be achieved. GOAL 1: INCREASE LEADERSHIP, COLLABORATION, INNOVATION AND CIVIC ENGAGEMENT IN OUR COMMUNITY EFFORTS. Objective 1.1: Strengthen the capacity of key public and private organizations to prevent and end homelessness. Action Steps Lead Benchmark Date Increase city staff support for the DHNP Hire Homeless Coordinator. October community's efforts to prevent and end AmeriCorps volunteer 2013 and homelessness. starts. February 2014 Continue to support BEACH as the DHNP BEACH is viewed by Ongoing organization where we plan to end stakeholders as the place homelessness in Virginia Beach. where plans and issues are discussed. Strengthen the community governance DHNP A new governance system June system to enhance coordination, meeting HEARTH Act 2014 collaboration and insure compliance with BEACH requirements and the HEARTH Act. Ensure broad community Continuum of community needs is membership including schools, Police, key Care (CoC) created. health care providers and workforce development organizations. Ensure that BEACH has full representation BEACH Exec. BEACH membership reflects January from all key groups, including homeless Committee this. 2014 and/or formerly homeless persons. Expand use of the Charity Tracker data BEACH New faith communities Ongoing collection system in the faith -based begin and continue using community. the system. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 17 Ensure the availability of high quality, timely VBCDC and Monthly reports based on Ongoing data on homelessness to facilitate targeting CoC HMIS HMIS created and interventions, evaluating results, strategic Committee distributed. planning and resource allocation. Objective 1.2: Increase community knowledge about homelessness and our community's efforts, successes and challenges Action Steps Lead Benchmark Date Enhance the BEACH website to serve as the DHNP Website complete. November primary online information source about Information regularly 2013 preventing and ending homelessness. updated. Publish and widely disseminate quarterly DHNP Reports created, January and annual reports documenting progress distributed and posted on 2014 toward achieving plan goals. Consider a DHNP and BEACH monthly report of numbers of people websites. housed consolidating info from all agencies. Provide ongoing opportunities for people to DHNP Regularly scheduled ongoing engage in and learn about our efforts. events and publications BEACH about homeless issues. Objective 1.3: Maintain and expand partnerships with all those who wish to be part of the effort. Action Steps Lead Benchmark Date Create a Community Advisory Committee to DHNP Committee appointed; December provide community input on development Regular meetings 2013 of the Housing Resource Center. scheduled. Create partnerships with higher education DHNP and Agreements and March 2014 institutions to provide interns and other programs with local volunteers to support the system and key stakeholders institutions developed. services. Develop an employment and training DHNP and Employment program 2015 program in partnership with the Regional key developed. Task Force to End Homelessness. stakeholders VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 18 Continue active participation in the DHNP Development of regional Ongoing Regional Taskforce to End Homelessness. Action Steps projects and programs Benchmark Date Create a comprehensive system plan to that have win/win results Individual component plans August address HEARTH requirements, including for the city. Projects adopted throughout early 2014 governance, coordinated intake and initiated include: 2014. assessment, consistent standards for The Healing Place; service and a performance assessment employment and Full system plan adopted system. training; HMIS; and and implemented by regional conferences. August, 2014 GOAL 2: CREATE A COLLABORATIVE SYSTEM OF SERVICE DELIVERY AND ACCESS THAT CONNECTS PEOPLE TO SERVICES THAT MEET THEIR BASIC NEEDS AND SUPPORT HOUSING STABILITY. Objective 2.1: Adapt our current system to ensure that it incorporates all components required by the federal HEARTH Act using recognized best practices. Action Steps Lead Benchmark Date Create a comprehensive system plan to DHNP and Individual component plans August address HEARTH requirements, including BEACH CoC adopted throughout early 2014 governance, coordinated intake and Committee 2014. assessment, consistent standards for service and a performance assessment Full system plan adopted system. and implemented by August, 2014 Improve and enhance efforts for diversion, DHNP A central system September prevention, short-term emergency housing, implementing these 2015 access to mainstream resources and activities will be in place. housing -focused case management. September 200 individuals or families 2016 are diverted and assisted with less than 5% recidivism. Reposition shelters to provide short-term DHNP Emergency shelter usage is 2018 housing only with reduced barriers to consistently less than 250 access, unified standards and procedures unique individuals annually and a focus on accessing permanent and lengths of stay do not housing. exceed 3 months. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 19 Support and invest in "Housing First" and DHNP Housing First and Rapid Re- 2016 Rapid Re -Housing models for homeless Housing programs families and individuals that provide implemented. housing -focused case management and resources necessary for housing placement. Enhance and expand the regional Homeless The Timely, accurate data and April 2014 Management Information System to Planning reports are available to improve client data and support service Council service providers. delivery, evaluation and communication between providers. VBCDC BEACH COC HMIS Committee Objective 2.2: Replace and enhance the services provided by the Lighthouse Center by creating a Housing Resource Center as the focus for our community's effort to end homelessness through coordination of intake, assessment, services and referrals forfamilies and individuals. Action Steps Lead Benchmarks Date Develop the Housing Resource Center. DHNP Housing Resource Center Fall 2017 constructed and operational. Develop services plan for relocation of DHNP and all Services plan developed. March appropriate current services and creation stakeholders Services plan implemented. 2014 of new services for the Housing Resource Center, to include physical and virtual Fall 2017 access. Work with churches and providers to DHNP Oceanfront services to the 2015 modify the system of assistance in the homeless are assessed and Oceanfront area to reduce the impact on modified to maximize area neighborhoods and increase collaboration, efficiency and coordination and effectiveness of services. a reduction in homelessness. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 20 Work with the VB Police Department to VB Police Non -enforcement outreach April 2014 enhance non -enforcement outreach and staffing is developed and engagement efforts to homeless persons in DHNP assigned to work in the Oceanfront area. DHS collaboration with DHNP and DHS Objective 2.3: Mobilize and support the coordination of community providers, volunteers and institutions to create or strengthen networks that address critical components of the services system such as chronic homelessness, homeless families or healthcare. Action Steps Lead Benchmark Date Identify new and existing key networks as DHNP Key networks and members 2013 well as current and potential members of identified. each network. DHS DH Develop a plan for each identified network DHNP Plans drafted and actions 2014 that defines the goals and activities of begun. Key networks: those networks in detail. Family homelessness with VB public school participation; Oceanfront homelessness issues; Disconnected youth. Objective 2.4: Ensure that the system reaches and effectively serves all those in need, including special needs populations, using person -centered principles and practices. Action Steps Lead Benchmark Date Expand and enhance outreach using DHNP 32 individuals annually 2014 appropriate staffing and skills to reach access housing and support chronically homeless persons and families, DHS directly from the street. individuals exiting institutions and nursing homes, veterans, disconnected youth and homeless vets annually other special needs populations. access VA benefits with ac 80% accessing supportive housing. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 21 Enhance existing and create new BEACH CoC Memoranda of Agreement 2016 partnerships with the corrections, and other protocols behavioral health, health and foster care developed. systems to prevent people being discharged to homelessness. Include reviews of discharge policies and pre -discharge housing planning. Assist persons experiencing homelessness DHNP Behavioral and physical 2016 and those at -risk to access all available health services available as behavioral and/or physical health services DHS needed. for which they are eligible. DH Develop a plan to provide medical respite DHNP 5 respite shelter beds 2017 shelter beds. provided. DH Other health stakeholders Develop The Healing Place to serve the The Planning The Healing Place 2018 chronically homeless with substance abuse Council developed. issues. The Healing Place, Inc. Objective 2.5 Continually enhance the professionalism, effectiveness and accountability of the services system. Action Steps Lead Benchmarks Date Create a regional professional development DHNP Training program March curriculum that addresses key knowledge launched. 2014 gaps, including housing -focused case Hampton management, outreach for special needs Roads populations and person -centered planning Community and support. Foundation The Planning Council City of Norfolk VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 22 Develop a partnership, or contract, for an DHNP Agreement or contract in June 2014 external monitoring/ evaluation process place. that provides regular, objective and data - based analysis and evaluation of individual programs and overall system performance. Ongoing evaluation reports begin. DHNP Report developed, December reviewed and circulated. 2014 Objective 2.6: Provide appropriate shelter and survival assistance to ensure that the homeless are safe and protected as they transition from homelessness to stable housing. Action Steps Lead Benchmarks Date Implement Family Emergency Shelter Pilot BEACH Family Program operational. March Program. Committee 2014 Create shelter beds for families and DHNP Shelter beds available at 2017 individuals in the Housing Resource Center. Housing Resource Center. Unsheltered homeless decrease by a minimum of 2018 50%. Expand the current faith -based Winter DHNP City Council approves January Shelter Program to a 12 month program on funding to establish 12 2014 an interim basis, pending construction of month program. the Housing Resource Center. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 23 GOAL 3: MAINTAIN AND INCREASE THE SUPPLY OF, AND ACCESS TO, PERMANENT, ACCESSIBLE AND AFFORDABLE HOUSING. Objective 3.1: Continue to develop affordable housing units through new construction and conversion of existing transitional housing to permanent housing, as determined by community needs. Action Steps Lead Benchmarks Date Ensure completion of Crescent Square Va. Supportive 80 efficiency apartments March Apartments. Housing for individuals built and 2015 occupied. Facilitate completion of Baker Woods Lawson 96 apartments for families March Apartments. Company built and occupied. 2015 Assess existing transitional housing and BEACH CoC Units converted to 2016 identify units appropriate for conversion to permanent housing, as permanent rental housing. determined by assessment Develop affordable housing in conjunction DHNP Permanent affordable 2018 with the Housing Resource Center. housing developed. Continue to work with regional and local DHNP 80 additional SRO and other 2016 partners to develop SRO projects and other affordable housing units scattered site housing. City of Norfolk developed; re -assess need to ensure supply is matched to need. Review the zoning and other housing- DHNP Review conducted and code 2015 related codes to identify barriers to amendments made, as affordable, accessible housing. appropriate. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 24 Objective 3.2: Avoid losses of existing affordable housing units through ongoing review of rehabilitation needs and financing and program requirements. Action Steps Lead Benchmarks Date Conduct regular reviews of existing DHNP No net loss of affordable Ongoing affordable housing to identify and address housing units. deficiencies or potential loss of units. Objective 3.3: Increase financial subsidies and other support for access to rental housing. Action Steps Lead Benchmarks Date Explore use of TANF to support rapid re- DHS Review conducted. June 2014 housing programs. DHNP Use HOME and other funds for temporary DHNP HOME and other funds Ongoing rental subsidies targeted to very -low allocated. income households and/or persons with disabilities. Ensure the availability of housing broker DHNP Housing broker services 2015 services to support rapid rehousing established with regional programs. partners. Identify a non-federal, ongoing source of DHNP Conduct research to 2014 funds for a short-term "Housing First" identify sources. program that helps potential renters overcome one-time barriers to renting existing market rate housing units. Objective 3.4: Continue to create partnerships with non-profit and private sector housing developers for development of affordable housing Action Steps Lead Benchmarks Date Continue to provide financial support and DHNP Additional affordable Ongoing incentives to promote development of housing units developed. affordable housing. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 25 Encourage developer interest in affordable DHNP Increase in builder interest Ongoing housing development and workforce in affordable housing housing program. Planning development. p Promote private development of affordable DHNP Create and implement 2014 housing through outreach and education of educational presentations housing industry professionals BEACH for housing industry. Ongoing HR Housing Consortium Objective 3.5: Ensure an adequate supply of housing that is appropriate for special needs populations Action Steps Lead Benchmarks Date Provide permanent supportive housing to DHNP Permanent supportive 2018 prevent and end chronic homelessness housing units increase by using Housing Choice vouchers when 120 units. feasible and available. Target permanent supportive housing to BEACH CoC Assessment criteria August frequent users of emergency shelters and established that prioritize 2014 public institutions including mental health Committee housing for frequent users facilities, hospitals, jails and prisons. of services. Provide opportunities for permanent BEACH CoC Tenants transition to Ongoing supportive housing residents to transition community based housing. to community based housing. Committee Increase scattered -site housing options in DHNP Relationships with private 2016 market rate units with supports provided in landlords established. the community or in the home. DHS Create and implement plans to address DHNP Plans developed 2015 permanent housing needs and funding for: DHS Funding identified • disconnected youth • very low-income families BEACH 18 unaccompanied • veterans and their families Committees homeless youth annually access housing or family • People discharged from prisons, health reunification, as care and mental health care facilities. appropriate. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 26 Promote or incentivize inclusion of DHNP Increase in the number of 2014 Universal Design and visitibility features in Lead affordable, accessible units. Date affordable housing units. DHNP Research conducted and 2014 GOAL 4: DEVELOP SUSTAINABLE RESOURCES TO SUPPORT OUR ONGOING COMMUNITY EFFORT. Objective 4.1: Increase the availability of funding for proven assistance programs and new initiatives that end homelessness. Action Steps Lead Benchmarks Date Identify diverse and flexible funding that DHNP Research conducted and 2014 can respond to identified needs without sources identified. regard to program requirements such as a Housing Investment Fund. Integrate homeless funding with DHS Eligibility for mainstream 2014 mainstream resources such as TANF and VA resources is determined at benefits. DHNP assessment. Develop and implement outcome -based DHNP Outcomes established to August funding requirements so that funding is guide fund allocation. 2014 directed to the most effective programs. Review feasibility of Social Impact Bonds. DHNP Develop a briefing paper for 2014 review by BEACH, city agencies and Hampton Roads Community Foundation. Support and participate in policy and DHNP State resources allocated to 2014 and resource development initiatives at the homelessness are annually state level to promote resources that will maintained or increased support plan objectives. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 27 Objective 4.2: Identify and obtain new non -monetary resources. Action Steps Lead Benchmark Date Seek to establish social enterprises as part BEACH Programs initiated. 2018 of or in conjunction with the Housing Resource Center and The Healing Place. The Healing Place, Inc. Objective 4.3: Coordinate and increase resource development activities for homeless services in the City, Region and State to ensure a net increase in available funding. Action Steps Lead Benchmark Date Support the Virginia Beach fund raising DHNP $1 million raised in support 2016 effort for the Housing Resource Center of the Center. Exchange information about fundraising Regional Task Regular information ongoing plans and activities. Force to End exchange at meetings. Homelessness and BEACH Implement collaborative fundraising Regional Task Grants developed and ongoing activities and grant applications, as Force to End submitted. appropriate. Homelessness and BEACH Seekto establish coordinated funding DHNP Grant requests are 2014 decision-making among regional funders to coordinated and aligned promote effective support of key programs with system goals. and to ensure that grant proposals align with Virginia Beach system goals. Support state -level efforts to stabilize or DHNP State funding is stable or 2014 and increase funding for homelessness. increased annually VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 28 �IMPLEWENTATION, MONITORI.I Successful implementation of this plan will require the participation of multiple partners who will be engaged in a wide variety of service activities, policy development and program initiatives. An appropriate governance structure will be necessary to coordinate and oversee plan efforts, review and refine plan contents, evaluate results and develop the resources needed for the proposed actions. A revised governance structure for BEACH that incorporates federal requirements as well as community desires is under discussion and will be developed and approved in early 2014. The hiring of a new Homeless Coordinator at the Department of Housing and Neighborhood Preservation will provide enhanced support for all the functions of the system. An AmeriCorps volunteer will also provide support for one year beginning in February 2014. A monitoring, evaluation and reporting process will be necessary to measure progress and create support for the ongoing work of the system. This evaluation process will also determine if changes are needed to the plan to reflect goals completed or new initiatives and funding. Quarterly progress reports will be developed and widely circulated. A more detailed annual review will be conducted using a reviewer external to the system. This in-depth annual review will incorporate any needed amendments to the plan. These activities are planned so that the first report will be provided in December, 2014. An additional evaluation is conducted as part of the annual Continuum of Care funding process. Agencies requesting renewal of existing grants will undergo a rigorous performance review to determine if additional funding is warranted. The evaluation process is informed by the quantity and quality of data collected on system activities. A comprehensive and accurate Homeless Management Information System will be essential to the evaluation process. This system will be significantly enhanced in the spring of 2014 when several local systems will be merged into a regional Homeless Management Information system. Data and reporting will be available on a regional basis allowing better coordination of services as well as improved performance monitoring. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 29 APPENDIX 1 ACRONYMS AND GLOSSARY OF TERMS APPENDIX 2 EXECUTIVE SUMMARY HOUSING CRISIS SYSTEM RESPONSE REPORT PREPARED BY ORGCODE, INC. APPENDIX 3 WEBSITE RESOURCES Pion Elements to be Created Following Adoption: Appendix 3: 6 page executive summary Housing Crisis System Report Appendix 4: Maps of Our System: Participant contact map; funding map; inventories of housing, organizations and programs Other additions: Detailed sub -plans for system elements will be created as identified in the plan body. Once created, these will be added to the plan as future appendices. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 30 APPENDIX 1: ACRONYMS AND GLOSSARY OF TERMS BEACH Bringing an End to All City Homelessness is a Virginia Beach community -wide partnership between citizens, faith, business, non-profit and city organizations working to address homelessness. A committee of BEACH facilitates the Continuum of Care process. Continuum of Care (CoC) A collaborative, community funding and planning process for a range of housing and services addressing the needs of homeless families and individuals. A grant application is submitted annually to the US Department of Housing and Urban Development for funding to implement the community plan. The group of community partners involved in this process is often referred to as the "Continuum of Care". Chronic Homelessness Refers to a family or individual who has been continually homeless for a year or more; or has had four or more episodes of homelessness in the past 3 years. Diversion from Homelessness A strategy that prevents homelessness for people seeking shelter by helping them identify and access alternative housing arrangements and supports. Diversion programs reduce the number of families and individuals becoming homeless, the demand for shelter beds and the size of program wait lists. DH Virginia Beach Department of Health DHNP Virginia Beach Department of Housing and Neighborhood Preservation DHS Virginia Beach Department of Human Services HEARTH The federal Homeless Emergency Assistance and Rapid Transition to Housing Act, adopted in 2009, requires significant changes in the way communities plan and deliver services. Communities must now operate as a coordinated service delivery system rather than as a collection of individually funded projects. Specific requirements include a coordinated assessment process, performance-based funding, a focus on homeless prevention and permanent housing and an inclusive governance structure with representation from all service providers, not just those receiving federal funding. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 31 Homeless Management Information System (HMIS) A computerized data collection application that records and stores information on homeless individuals and families who use residential or other homeless services. Homeless Prevention A program that diverts households from homelessness by providing targeted, limited assistance to households who are likely to become homeless if not assisted. Housing Affordability The generally accepted definition, established by the US Department of Housing and Urban Development, that a household pay no more than 30% of its annual income for housing. Housing First An approach to homeless assistance that provides immediate access to housing followed by the supportive services that may be needed to foster long-term stability and prevent a return to homelessness. Housing Resource Center (HRC) The Housing Resource Center will replace and expand upon the services currently offered at the Lighthouse Center in Virginia Beach. The Housing Resource Center will serve as the focus for our community's effort to end homelessness through coordination of intake, assessment, services and referrals for families and individuals. Currently in the planning stages, the Housing Resource Center will be located at 104 North Witchduck Road with a projected completion date of fall 2017. Facilities and services will include day services and emergency shelter for families and individuals. Permanent affordable housing will also be included on the site. Permanent Supportive Housing (PSH) Permanent housing that is coupled with services intended to support housing stability and independence. PSH is often targeted to those most at -risk of homelessness including individuals and families with substance abuse issues, mental illness and other disabling conditions. VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 32 Point -in -Time Count (PIT) A one day (24 hours), statistically reliable, unduplicated count of sheltered and unsheltered homeless families and individuals within a defined geographic area. Rapid Re -Housing A service model designed to immediately return those who are losing or have lost their home back to permanent housing as well as shorten the length of shelter stays. Single Room Occupancy Housing (SRO) Permanent multi -family housing that consists of efficiency apartments, often developed with supportive services available to the tenants. Universal Design Universal Design is the design of products and environments to be useable by all people, to the greatest extent possible, without the need for adaptation or specialized design. Visitability Refers to housing designed and constructed so that it can be occupied or visited by individuals with mobility impairments. A home is visitable when it meets three basic requirements: • One zero step entry • Doors with 32 inches of clear passage space • One bathroom on the main floor with sufficient maneuvering space (a rectangular space no less than 30" by 48" is available adjacent to the tub or shower, the commode and the sink). APPENDIX 2: EXECUTIVE SUMMARY OF HOUSING CRISIS RESPONSE SYSTEM REPORT VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 33 Apil 1=:e, 2 OUR Np" �remrYw« HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 Contents ExecutiveSummary............................................................................................ Acknowledgments.......................................................................................... Authorship...................................................................................................... 1 7 8 Introduction...................................................................................................................................................... 9 Homelessnessin Virginia Beach.............................................................................................................10 The HEARTH Act and Its Impact on Homeless Service Delivery.................................................17 The Homeless Service Delivery System and What it Means for Virginia Beach ............................19 CommunityStrengths............................................................................................................................... 21 Crisis Response System I Current Reality 2013.................................................................................. 23 The Emphasis on Housing with Supports in Community................................................................. 25 Strategic Priorities to Improve the Housing Crisis Response System ................................................... 29 What These Strategic Priorities Mean for Service Delivery in Virginia Beach ..................................... ) 1 Amendment to Shelter Access and Services........................................................................................ 31 Solution -Focused Outreach and Day Services..................................................................................... 31 Making the Most out of Prevention and Diversion Opportunities.................................................. 32 Enhancing Access to Professional Resources and Professional Development .............................. 33 Setting Benchmarks to Monitor Improvements in the Crisis Response System .................................. 34 Conclusion...................................................................................................................................................... 37 Appendices...................................................................................................................................................... 38 Appendix A: Approach to Engagement................................................................................................ 39 AppendixB: Glossary of Terms............................................................................................................ 41 Appendix C: Population Characteristics of Homeless Persons Surveyed.......................................44 Appendix D: Extensive Service Use by Homeless Respondents......................................................45 Appendix E: The Opportunities Presented by Having a Centralized Facility Like the Housing Resource Center..................................................................... 46 Appendix F: Using the "4 A's" to Create a Clear Service Delivery Pathway ................................... 49 Appendix G: Possible Service Pathway from Point of Access through to Success Service Intervention............................................................................................... 51 Appendix H: Rapid Re -Housing Triage Tool....................................................................................... 52 Appendix I: Detailed Actions for Strategic Priorities......................................................................... 53 Appendix J: Professional Development Agenda ................................................. Appendix K: Service Prioritization Decision Assistance Tool — SPDAT v3 ................................ 62 Endnotes......................................................................................................................................................... 63 WorksCited..................................................................................................................................................... 65 PAGE I I HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 Executive Summary Over the course of a year, almost 1,000 different people make use of homeless services in Virginia Beach'. At any single point in time, over 450 people experience homelessnessz. One in five is chronically homeless3. In recent years, even with the downturn in the economy, the community has seen slight decreases in the homeless population, but more work remains to be done. Virginia Beach has a long-standing history of the faith -community, non-profit service providers, government, and funders working together to address homelessness. Improving the Housing Crisis Response System in Virginia Beach will require these groups to continue to work collaboratively, while also collectively embracing some different approaches to service delivery. Federal requirements are shifting because of compelling, applied research combined with demonstrated results in ending homelessness. This will cause a significant change in practices within local communities like Virginia Beach from those used in the past. The Homeless Emergency Assistance and Rapid Transition to Housing Act (frequently known as the HEARTH Act) was signed by President Obama in 2009. Moving forward, communities need to demonstrate: That they are functioning as a homeless delivery system, not as a collection of funded projects. There is an expectation of interconnectivity across homeless services. This expectation is to be realized through coordinated access and common assessment tools across service providers. That funding is allocated competitively with a strong emphasis on funding those service providers with a proven record in working towards ending homelessness. Funding is not "business as usual'; nor is it intended to ensure those service providers that have always received funding continue to receive funding. Preference is to fund those service providers most likely to decrease the length of time that people experience homelessness, reduce recidivism (returns to homelessness), as well as meet a range of other prescribed performance indicators. That they have embraced "performance excellence" not just for specific service providers, but for all service providers within the system of service delivery. Data are expected to inform real-time decision-making about the availability of spaces in programs, as well as to help inform strategic changes in the system. Because of HEARTH, some changes in Virginia Beach are required. Homeless service delivery has developed organically in the community over time. There are multiple ways in which an individual or family that is homeless may try to access services, and no comprehensive way of managing or monitoring this work. As a result, the organization of services may be best described as well intentioned, but fragmented and inefficient. PAGE 1 1 HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 Finally, the performance expectations that HEARTH places on communities exceed the current data analysis and program -monitoring infrastructure within Virginia Beach. One of the changes that HEARTH requires is increased personnel and expertise to capture, analyze and report out on homeless service delivery data. Not doing so may place almost $1.4 Million in funding for local homelessness programs at risk. It would be inaccurate to think all of the changes necessary in Virginia Beach are solely a result of the HEARTH Act. Improving the Housing Crisis Response System in the community also means embracing proven practices to service delivery that are not readily practiced throughout homeless services in the community. As outlined in detail in this report, there is a compelling volume of research that proves getting people into housing as the first step in a service intervention and then supporting them in that housing gets better long-term housing outcomes and costs much less than a "treatment first" or compliance- based approach to service delivery. The proven practices, supported by compelling academic literature, turns on end quite a bit of traditional thinking when it comes to homeless service delivery. What this means for Virginia Beach is: As the first step in re -orienting the system, service delivery must be focused on people who are experiencing the most acute, complex needs. Their needs will be determined through evidence -informed assessment rather than a "first come, first served" approach or "gut instinct" feelings about who might be successful in any particular program. Across all of the services in Virginia Beach, there must be coordinated access and common assessment protocols to enable meaningful triage based on needs. Shelters should be oriented toward short-term emergency use where people are supported to get out of shelters as quickly as possible, into housing. Currently, there is significant programming offered within shelters. The offer of programming to people experiencing homelessness has to change because it has the unintended consequence of keeping people homeless longer—research shows that having quick access to housing with supports produces better long-term outcomes and is less costly. • Neither sobriety not active engagement with mental health services are compulsory conditions for people to gain access to housing with supports. Research supports that problematic substance use and mental health are likely to improve once in housing, and that people who are housed first will stay housed longer than those expected to get treatment or access mental health assistance as a pre -condition to being housed. • Street outreach and day services can focus increasingly on directly housing people rather than having homeless people work through a continuum of services first. People do not need to move from the street or day center to a shelter, from a shelter to transitional housing, and from transitional housing into permanent housing. People can move directly into permanent housing when provided the right supports relative to their needs. • Supplementing the current network of service delivery agents with additional professional development opportunities, as well as making more professionals available to assist with behavioral health and intensive case management. PAGE 1 2 HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 'LU1S • Carefully and respectfully considering the barriers that are in place that make it difficult for often very vulnerable and marginalized persons from accessing services because of the likes of behavior, substance use, criminal record, or propensity for violence. From the increased awareness of barriers, service delivery needs to focus more on reducing risks and providing emotional and physical safety to everyone instead of barring services to some people. Realizing the opportunities to improve the lives of people who are homeless, decrease costs associated with homelessness, leverage strengths of service providers, and provide a more efficient and effective Housing Crisis Response System, means working hard to implement actions across four strategic priorities. These strategic priorities and associated goals are: I. Build a Systems Approach to Ending Homelessness With Clear Leadership & Accountability Goal: Create a "systems of care" approach to ending homelessness with public and private systems working collaboratively, with clear leadership and accountability. II. Enhance the Crisis Response System Goal: Create an effective crisis response system that works to divert people from homelessness when appropriate, and rapidly returns people experiencing a housing crisis back into housing. III. Increase Access to Appropriate Housing Options Goal: Increase access to market and permanent supportive housing sufficient to rapidly re -house homeless individuals, families, and youth, as well as meet the housing and support needs of individuals and families with higher acuity. IV. Ensure That Needs of Special Populations Are Met Goal: Create a comprehensive array of services and housing for the needs of special populations, including the subpopulations of unaccompanied youth, veterans, rough -sleeping chronically homeless people, and families. Getting to the desired future state of a highly effective homeless service delivery system where these strategic priorities are met will come with appropriate professional development and training for those that labor in the homeless delivery sector. These professional development opportunities need to be made available to volunteers and paid staff within service organizations. Furthermore, additional professionals to assist frontline volunteers and workers in the field will be of great assistance in seeing results with the strategic priorities. Virginia Beach has considerable strengths that can be leveraged to make the changes necessary to improve the Housing Crisis Response System. The improvements recommended in this report do not constitute "throwing the baby out with the bath water". Instead, the process of making improvements to the Housing Crisis Response System builds upon decades of hard work and lessons learned, existing partnerships, a strong record of developing housing, and an understanding of the needs of subpopulations like youth, single parent, female -led families and veterans. PAGE. 13 HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, ZU13 This report is not a list of "nice to haves" for the Virginia Beach homeless services continuum. Through thoughtful analysis, the report attempts to maximize existing resources by using them in new ways or redirecting their focus. There is no expectation that millions of dollars in new funds will suddenly appear to realize the improvements in the Housing Crisis Response System. The dominant approach to service delivery in Virginia Beach is not currently geared towards helping all homeless people gain quick access to housing. For example, over time, programs in shelters have been developed that provide sober -living arrangements, access to employment training and education and life -skills classes. This programming has created two unintended consequences: 1) vulnerable people who use alcohol or other drugs are left disconnected from shelter services and predominately live outdoors; and, 2) people who gain access to a shelter with this intensive amount of programming stay homeless for a longer period of time. No homeless and housing service delivery can change overnight. Attempts to do so would be far too disruptive to the homeless people that the services aim to assist and to the many organizations, staff and volunteers that provide the assistance. As a compendium to this document, there is an Implementation Plan which outlines the sequence of activities necessary to realize the changes outlined for the Housing Crisis Response System. Improvements to the Housing Crisis Response System come with considerable accountability. A series of metrics are outlined in this report that will help track the intended changes to the service delivery system. The metrics also provide a blueprint for what the community can expect to achieve related to the HEALTH Act performance indicators. Overall, by following the recommended improvements to the Housing Crisis Response System, Virginia Beach can expect to see: • Reductions in the number of homeless people sleeping outside • More chronically homeless people accessing housing with the supports they need to stay housed • A reduction in the number of unique individuals accessing shelter each year • More permanent supportive housing for those individuals and families that have more complex needs and require a higher level of support to stay housed • More homeless veterans accessing the resources • Fewer people becoming homeless and fewer people experiencing repeated episodes of homelessness in the future • Homeless and disconnected youth better connected to services that can resolve their housing crisis • Decreased length of time a household spends in a homeless shelter • More people diverted from shelter services back to friends and family in their natural support network Achieving these results requires shared accountability across the community. Achieving these results is not something a Continuum of Care, funder, City Government, faith -group or service provider can do on their own. The collective will of the community will be required to make the improvements to the Housing Crisis Response System a reality. PAGE 1 4 HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 In summary, there are nine (9) overriding recommendations that have resulted from the Housing Crisis Response System Study. These are outlined in the table below and cross-referenced to the requirements of the HEARTH Act as well as to best practices in other communities. Virginia Beach Housing Crisis Response System (CRSS) Summary of Recommendations PAGE 1 5 Best Practice Reference/ Recommendation Requirement 1. Create a system of care, Communities are required to See Endnote 7. with clear leadership and organize services and offer services accountability. as a system rather than a collection of programs. 2. Divert people from Communities are expected to See Endnotes 27, 28. homelessness when decrease first-time homelessness. appropriate and possible to do so. 3. Orient shelters to short-term • A reduction in length of time Cost benefit and service outcomes use that focus on getting homeless is expected. of housing orientation — people out of shelter and into Endnotes 17, 22, 23, 24, 25, 26. housing. 4. Implement coordinated access • Coordinated access and common See Endnotes 14, 15. and common assessment assessment is a requirement of the across the service delivery HEARTH Act. system, using evidence, and focusing on those with the most acute needs first. 5. Focus on housing access in A reduction in length of time See Endnotes 17, 22, 23, 24, 25, all program areas, including homeless and reductions in returns 26. street outreach, rather than to homelessness, are both expected. a continuum approach. In addition, implement Housing First and Rapid Re -housing services 6. Enhance professional Without professional development development opportunities opportunities, service providers are and increase the number of unlikely to successfully implement professional resources available key HEARTH requirements like to help service providers. coordinated assessment, nor will the practice of Housing First and Rapid Re -Housing be as successful as the evidence suggests it can be. PAGE 1 5 HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 PAGE 1 6 Best Recommendation HEARTH Act Requirentelit Additional Rationale Reduce barriers to service See Endnotes 17, 21, 22, 23, 24, access especially as it relates to 25, 26. substance use, criminal record, propensity for violence, and/ or, behavior, as these are not proven, pre -determinants for success in housing. 5. Address the service Throughout the project the needs gaps experienced by of some sub -populations emerged subpopulations. as more acute than others in the current service delivery framework. These included veterans, youth, families, and chronically homeless persons living outside. See Endnotes 1, 2, 3, 4 5. 9. Consider taking advantage of \ [any of the Works Cited in this the opportunity to develop CRSS report invokes the need for a a Housing Resource Center comprehensive "system" approach (HRC) as part of the "system" as a proven methodology to end approach to a complete homelessness in communities. housing solution that serves the needs of clients with the highest acuity through to See Endnotes 15, 16, 29. prevention: those individuals and families at risk of losing their housing or precariously housed. PAGE 1 6 HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 ACKNOWLEDGMENTS This report was made possible because of the financial contribution of the Hampton Roads Community Foundation. The authors wish to thank City of Virginia Beach staff for providing access to data and information on homeless service delivery, both current and historic. The authors further wish to thank the non- profit service providers, faith -based groups, government officials, school employees, and others that provided input and perspectives related to this project. There were five meetings of the Guidance Committee during this project. The Guidance Committee is composed of the following people: • Andrew M. Friedman, Director of Housing and Neighborhood Preservation, City of Virginia Beach • Tim McCarthy, Chair BEACH Community Partnership • Katrina Miller -Stevens, Assistant Professor, ODU • Sarah Paige Fuller, Former Director, Norfolk Office to End Homelessness, Director, Community Services Board • Bill Reid, COO, United Way of SHR • Shernita Bethea, Housing/Human Services Administrator, Hampton Roads Planning District Commission • Terry Jenkins, Community Leader • Suzanne Puryear, President, The Planning Council • Leigh Davis, Director, Hampton Roads Community Foundation The authors also presented an overview of the study to the Steering Committee members: • Louis Jones, Vice Mayor, City of Virginia Beach • Dr. Deborah DiCroce, President & CEO, Hampton Roads Community Foundation • John Malbon, Board Member, Hampton Roads Community Foundation We appreciate the guidance and feedback provided by both the Guidance Committee and the Steering Committee. In a very special and heartfelt way, the authors also wish to express tremendous gratitude to the 81 people experiencing homelessness that were interviewed for this study. The voice of these individuals, unfiltered through others, is exceptionally valuable input into how best to improve the Housing Crisis Response System in Virginia Beach. PAGE. HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013 AUTI30RSI IIP This report was authored by OrgCode Consulting, Inc. Research, analysis, writing, interviewing, fact - checking, editing and community engagement was undertaken by: • Iain De Jong, President & CEO • John Whitesell, COO & Founding Partner • Ali Ryder, Planning Associate Lead • Gwen Potter -King, Planning Associate • Kieran Williams, Planning Associate • Pawel Nurzynski, Planning Associate An outline of the approach to engagement with community members used by the authors in the preparation of this report is outlined in Appendix A: Approach to Engagement. PAGE 1 8 APPENDIX 3: WEBSITE RESOURCES 2013 Virginia Beach Point -in -Time Count www.vbgov.com/2013-PIT-Count BEACH www.beach-cp.org Federal Strategic Plan to Prevent and End Homelessness www.usich.gov/opening doors/ Virginia Beach Department of Housing and Neighborhood Preservation www vbgov com/government/departments/housing-neighborhood-preservation Virginia Coalition to End Homelessness www.viceh.org National Alliance to End Homelessness www.naeh.org VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 34 O < r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Applications for the FY 2014-15 Virginia Department of Transportation (VDOT) Transportation Alternatives Program (TAP) MEETING DATE: October 22, 2013 ■ Background: On July 6, 2012, the new transportation bill "Moving Ahead for Progress in the 21st Century" (MAP -21) was signed into law. MAP -21 established the Transportation Alternatives Program (TAP) which combined several programs including the prior Transportation Enhancement (TE) program, the Recreational Trails program and the Safe Routes to School (SRTS) program. The TAP funding focuses on providing funding for pedestrian and bicycle facilities, community improvements and mitigating the negative impacts of the highway system. This program provides Federal funding for an 80/20 match up to $1 Million. The following five (5) projects have been identified as candidates for this funding: 1. Buckner Boulevard Shared -Use Path — This project will provide a 10 -ft wide shared -use path along the south side of Buckner Boulevard from Rosemont Road to the western intersection of Rica Drive, a distance of approximately 0.6 miles. The path will tie in to an existing sidewalk that connects to Tidewater Community College at Student Avenue. A new crosswalk will be constructed on the south side of the Rosemont Road/Buckner Boulevard intersection. The shared -use path will be located within the existing right-of-way. This project will greatly improve safety for pedestrians and bicyclists. The Total Project Cost is approximately $670,000. The City will provide the 20% match ($134,000) and request the remaining 80% ($536,000) in TAP funds. 2. Shore Drive Shoulder Widening for On -Road Bike Facility — This project will provide a 4 -ft wide paved shoulder along both sides of Shore Drive from Diamond Springs Road to Greenwell Road, a distance of approximately 3.5 miles. The design includes adding 4 -ft of paved shoulder to each side of the existing pavement where there is currently grass or gravel shoulders, and 5 -ft of paved shoulder where guardrail exists. The shoulder will be located within the existing right-of-way. This project will greatly improve safety for bicyclists traveling Shore Drive. This project will be constructed in phases. Phase I will include the design of the shoulder for both sides of the road and construction of the eastbound shoulder. The Total Project Cost for this phase is $1,179,080. The City will provide the 20% match ($235,816) and request the remaining 80% ($943,264) in TAP funds. The City will request funds for Phase II, which includes construction of the westbound shoulder, in the next TAP funding cycle. 3. Greenwell Road Shared -Use Path/Sidewalk — This project will provide an 8 -ft wide asphalt path along the west side of Greenwell Road from First Court Road to Delco Road and a 5 -ft wide concrete sidewalk from Delco Road to Shore Drive, a total distance of approximately 0.5 miles. The asphalt path will tie in to an existing asphalt path that connects the Bayside Recreation Center. This project includes piping the existing ditch, new curb and gutter, tree removal and driveway replacement. The asphalt path and concrete sidewalk will be located within the existing right-of-way. This project will greatly improve safety for pedestrians traveling to the recreation center. The Total Project Cost is approximately $415,000. The City will provide the 20% match ($83,000) and request the remaining 80% ($332,000) in TAP funds. 4. Cypress Avenue and Mediterranean Avenue Sidewalks — This project will provide a 5 -ft wide concrete sidewalk along the west side of both Cypress Avenue and Mediterranean Avenue from 22nd Street to 24th Street, a total distance of approximately 0.26 miles. Both concrete sidewalks will tie in to existing sidewalks along 24th Street that connects to Virginia Beach Middle School. This project includes piping the existing ditch, new curb and gutter, tree removal as well as driveway replacement. The concrete sidewalks will be located within the existing right-of-way. This project will greatly improve safety for pedestrians traveling to Virginia Beach Middle School. The Total Project Cost is approximately $538,000. The City will provide the 20% match ($107,600) and request the remaining 80% ($430,400) in TAP funds. 5. Kendall Street Sidewalk — This project will provide a 5 -ft wide concrete sidewalk along the west side of Kendall Street from Admiral Drive to the Cape Henry Trail and a 5 -ft wide concrete sidewalk along the east side of Kendall Street from the Cape Henry Trail to Shore Drive, a total distance of approximately 0.2 miles. This project includes accessible curb ramps, tree removal as well as driveway replacement. Right-of-way will be required from the state park. This project will greatly improve safety for pedestrians traveling to Shore Drive to access the Beach. The Total Project Cost is approximately $305,000. The City will provide the 20% match ($61,000) and request the remaining 80% ($244,000) in TAP funds. ■ Considerations: The Transportation Alternatives Program is not a grant program and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. In addition, the locality must provide a 20% match. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Alternatives: Without the TAP funding from VDOT, these projects would remain in the Traffic Safety Improvements (TSI) program and be designed and constructed as funds become available. ■ Recommendations: Adopt the resolution to support the City's Application for the FY 2014-15 Virginia Department of Transportation, Transportation Alternatives Program and authorize the City Manager to enter into any necessary agreements for project development and construction. ■ Attachments: Location Map, Resolution Recommended Action: Approval Submitting Department/Agency: Public Works Engineering A -L City Manager: 0 1 c)CV,\ 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE FY 2014-15 VIRGINIA 3 DEPARTMENT OF TRANSPORTATION (VDOT) 4 TRANSPORTATION ALTERNATIVES PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation Fiscal Year 2014-15 Transportation 8 Alternatives Program providing pedestrian and bicycle facilities; and 9 10 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in 11 federal pass-through funding and must provide the remaining 20% local match for each 12 project; and 13 14 WHEREAS, the City's has identified five high-priority projects as candidates for 15 this funding. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City of Virginia Beach City Council hereby supports the following 21 applications totaling $3,107,080, with $2,485,664 in federal funding and the remaining 22 $621,416 in local funds. 23 24 a. A total of $670,000 for the Buckner Boulevard Shared -Use Path, with 25 $536,000 from federal funds and $134,000 in local funds. 26 b. A total of $1,179,080 for the Shore Drive Shoulder Widening form On - 27 Road Bike Facilities, with $943,264 in federal funds and $235,816 in local 28 funds. 29 c. A total of $415,000 for the Greenwell Road hared -Use Path/Sidewalk, 30 with $332,000 in federal funds and $83,000 in local funds. 31 d. A total of $538,000 for the Cypress Avenue and Mediterranean Avenue 32 Sidewalks, with $430,400 in federal funds and $107,600 in local funds. 33 e. A total of $305,000 for the Kendall Street Sidewalk, with $244,000 in 34 federal funds and $61,000 in local funds. 35 36 2. That the required matching funds will be provided from within capital 37 project appropriations -to -date. 38 39 3. That the City Manager is hereby authorized to execute on behalf of the 40 City of Virginia Beach all necessary project agreements for project development and 41 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA12809 R-2 October 10, 2013 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance Property Located on Lynnhaven Parkway Drive (GPIN 1465-53-3133), in Fee Simple, Association. MEETING DATE: October 22, 2013 of a Dedication of 0.658 acres of Near the Intersection of Stewart from the Lake Christopher Homes ■ Background: The Lake Christopher Homes Association (the "HOA") owns an unimproved parcel of land located near the intersection of Lynnhaven Parkway and Stewart Drive (GPIN: 1465-53-3133) (the "Property"). The developer of Lake Christopher dedicated the Property to the HOA in 1979. The residents of the neighborhood want to divest themselves of the Property because it is rarely used. On May 31, 2013, the president of the HOA contacted the City of Virginia Beach (the "City") about dedicating the Property to the City. The City would maintain the Property as open space. The Commonwealth of Virginia owns six residential parcels adjacent to the Property. It is the City's policy to request that VDOT convey rights-of-way and remnants of unused property to the City upon completion of road projects. The HOA will retain another neighborhood open space parcel of land located on the opposite side of Lynnhaven Parkway. ■ Considerations: The HOA has agreed to dedicate the Property to the City. ■ Public Information: Advertisement of City Council's Agenda. ■ Alternatives: Decline the proposed dedication. ■ Recommendations: Approval ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Deputy City Manager / Public Works mp City Manager: V,,� ,g. a'I'k't 1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE 2 OF A DEDICATION OF 0.658 ACRES OF PROPERTY 3 LOCATED ON LYNHHAVEN PARKWAY NEAR THE 4 INTERSECTIN OF STEWART DRIVE (GPIN: 1465-53- 5 3133), IN FEE SIMPLE FROM THE LAKE 6 CHRISTOPHER HOMES ASSOCIATION 7 8 WHEREAS, Lake Christopher Homes Association (the "HOA") owns 0.658 +/- acres 9 of property located on Lynnhaven Parkway, near the intersection of Stewart Drive (the 10 "Property"); 11 12 WHEREAS, the HOA, has offered to dedicate the Property to the City of Virginia 13 Beach; and 14 15 WHEREAS, the Department of Parks and Recreation has determined that the 16 Property will further the recreational needs of the City and that the Property will remain as 17 open space. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City Council authorizes the acceptance of the dedication of 23 the Property by the Lake Christopher Homes Association to the City of Virginia Beach by 24 Deed of Dedication. 25 26 2. That the City Manager or his designee is authorized to execute all 27 documents that may be necessary or appropriate in connection with accepting the 28 dedication of the Property, so long as such documents are acceptable to the City Manager 29 and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 , 2013. CA12745 PREPARED: October 7, 2013 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d026\p016\00089331.doc APPROVED AS TO CONTENT U LIC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CIT TO NE a) T 03 C4 w 4 C) o CD Z m m 0 Oo > X DG) (A (A 0 0 Z 0 0 > > CD m 0 Z C) (D 3 4 rG�W �c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Four Boats to the Sister Cities Association of Virginia Beach, Inc., for the City of Olongapo, Philippines MEETING DATE: October 22, 2013 ■ Background: Sister Cities International is a diplomacy network that creates and strengthens partnerships between U.S. and international communities. By building global cooperation at the municipal level, Sister Cities promotes cultural and business understandings. For the City of Virginia Beach, the Office of the City Clerk provides the point of contact with regard to this program. Virginia Beach's Sister Cities include Moss, Norway, Miyazaki, Japan, and North Down Borough Council (Bangor), Northern Ireland. The City of Olongapo, Philippines, is a "friendship city," which is a step in the process toward becoming a sister city. This city is located in a low-lying part of the Philippines, and it would benefit from the use of any boats that the City is willing to donate. The Virginia Beach Department of Public Works has identified four vessels that the department is in the process of replacing. Representatives from Olongoapo indicate that making repairs to the identified vessels is not an undue burden. The Sister Cities Association of Virginia Beach has agreed to serve as a partner in the donation. ■ Considerations: Planning for the transport of the four boats should not involve any direct costs to Virginia Beach. This transport will be a joint effort of the Commonwealth of Virginia, through Delegate Villanueva, the U.S. State Department, and the Ambassador of the Phillippines. ■ Public Information: Advertisement will be as part of the City Council agenda. ■ Attachments: Ordinance; Four Information Sheets (one for each boat) Requested by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 AN ORDINANCE TO DONATE FOUR BOATS TO THE 2 SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, 3 INC., FOR THE CITY OF OLONGAPO, PHILIPPINES 4 5 WHEREAS, the Sister Cities Association of Virginia Beach, Inc., seeks to foster 6 international understanding, friendship, and cooperation through the forging of 7 continuing relationships and the promotion of people -to -people exchanges between 8 Virginia Beach and its sister cities; and 9 10 WHEREAS, the City of Olongapo, Philippines, is currently a "friendship city," 11 which is a step in the process toward becoming a sister city; and 12 13 WHEREAS, the City of Virginia Beach has identified four boats that it is in the 14 process of replacing; and 15 16 WHEREAS, the City of Olongapo is willing to undertake any needed repairs 17 required by the four boats; and 18 19 WHEREAS, the transport of the boats will be a partnership between 20 Commonwealth of Virginia, through Delegate Villanueva, the U.S. State Department, 21 and the Ambassador of the Philippines; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That four boats — a Boston Whaler, 2 Rigid -Hulled Inflatable Boats, and a Dredge 27 Skiff — are hereby donated to the Sister Cities Association of Virginia Beach, Inc., for the 28 City of Olongapo, Philippines. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: l Cit me ffice CA12813 R-1 October 11, 2013 2007 Mercury Rib Boat Model DR490 H u 11# PTVALC0499 D707 With 1998 Mercury 50HP Model 50ELPTO Serial # OG674279 1987 Long Trailer Vin# 1LGAEAM12H1D02495 Estimated Value $6000 1995 17' Hurricane Model 500 Hull#XDC53340J495 With 2003 Mercury 75HP Serial # OT733231 2009 EZLoader Trailer Model EZL90B Vin# 1ZEAAEKBX9AO01433 Estimated Value $6500 z y. 1996 Boston Whaler 24' Justice Hull # BWCLA057E696 Twin 2003 225 Mercury Optimax outboards Serial numbers OT818039 Model ME225XL OT818038 Model ME225CXL 1996 Magic Tilt Trailer Model TMCV2224 Vin# 1MSDLPW28T1087511 Estimated Value of $12500 A. �cyy� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement to Scrambled, Inc. for an Open Air Cafe in the Resort Area MEETING DATE: October 22, 2013 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: Scrambled, Inc., is seeking a one-year franchise agreement for an Atlantic Avenue Sidewalk Cafe at 910 Atlantic Avenue. The franchise agreement will expire on April 30, 2014, so as to be consistent with other franchise agreements awarded by the City. ■ Public Information: A public notice was published in The Beacon on October 13, 2013 and October 20, 2013. ■ Attachments: Ordinance, Summary Sheet Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office, City Manager: .(J • U" i 2013 OPEN AIR CAFE FRANCHISE SUMMARY SHEET ONE-YEAR TERM Scrambled, Inc., for operation of an Atlantic Avenue Sidewalk Cafe at 910 Atlantic Avenue. 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT TO SCRAMBLED, INC. FOR AN OPEN 3 AIR CAFE IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 20 Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one - 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one - 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, Scrambled, Inc., is seeking a one-year franchise agreement for an 28 Atlantic Avenue Sidewalk Cafe at 910 Atlantic Avenue; and 29 30 WHEREAS, the franchise agreement will expire on April 30, 2014, so as to be 31 consistent with other franchise agreements awarded by the City; and 32 33 WHEREAS, the Strategic Growth Area Office recommends that the above - 34 named entity be granted an open air cafe franchise agreement. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH: 38 39 That the City Council hereby grants a one-year franchise agreement to 40 Scrambled, Inc., for operation of an Atlantic Avenue Sidewalk Cafe. Adopted by the City Council of Virginia Beach, Virginia on this day of .2013. APPROVED AS TO CONTENT: AX e_ Strategic Growth Area Office APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Int aL�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia Department of Transportation to CIP 2-409 - Centervi;le Turnpike - Phase II to Provide Roadway Enhancements MEETING DATE: October 22, 2013 ■ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2013-14. The City applied for and received $10M for the Centerville Turnpike Phase II (CIP 2-409) project. The Centerville Turnpike — Phase II (CIP 2-409) project includes construction of a four - lane divided roadway within a 130 -ft right-of-way from Indian River Road to Kempsville Road, a distance of 1.85 miles. Improvements will be made at the Indian River Road intersection, including triple left turn lanes onto Indian River Road from Centerville Turnpike. In addition, this project will include sidewalk, on -street bicycle facilities, and landscaping. This project will relieve congestion in the Centerville area. The existing two lane roadway carries 20,430 vehicles per day (2012) with a capacity of 12,500 vehicles. It has a projected volume of 43,000 vehicles by the year 2034. This corridor is ranked #3 out of 60 in the 2011 Technical Ranking of Congested Roadway Segments list. The Centerville Turnpike — Phase II project is currently scheduled for to construction start in June 2017, however, with the revenue sharing funding, construction start will be advanced to July 2016. ■ Considerations: The Revenue Sharing Program provides a major source of State transportation funding for the City. Localities compete for a maximum annual allocation of $10 million, with a requirement that the locality contribute a share equal to the award amount. There is sufficient local funding in the Centerville Turnpike — Phase II (CIP 2-409) project to satisfy our required match. ■ Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for this project through the normal public involvement process. A public hearing was advertised in The Beacon on October 13, 2013. ■ Attachments: Map, Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works yp� City Manager: 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CIP 2-409 — CENTERVILLE TURNPIKE — PHASE II TO PROVIDE ROADWAY ENHANCEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $10,000,000 is hereby accepted from the Virginia Department of Transportation Revenue Sharing Program and appropriated to Capital Project # 2-409, "Centerville Turnpike — Phase II," to provide construction of a four -lane divided roadway, intersection improvements, sidewalk enhancements and on -street bicycle facilities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City t ey' Office CA12810 R-2 October 10, 2013 o: �7 rl <acar ti V'ry CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team and to Approve 2.25 Grant -Funded FTEs MEETING DATE: October 22, 2013 ■ Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. M Considerations: FEMA has awarded $1,195,154 to VA-TF2 for support of ongoing expenses for an eighteen month period from October 1, 2013 through March 31, 2015. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant provides funding for 2.25 FTEs including one full-time position (Account Clerk) and two part-time positions (Training Manager and Logistics Manager — Total of 1.25 FTE). These positions do not now appear in the Adopted FY 2013-14 Operating Budget that Council adopted May 14, 2013, but are re -affirmed through acceptance and appropriation of the FEMA Cooperative Agreement grant. The grant also funds 70% of the FEMA Program Manager position. Also, the grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA —TF2 at required performance levels. ■ Public Information: Public information will be coordinated through the normal agenda process. N Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: r'1W "� • 1d L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM FEMA FOR THE CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM AND TO APPROVE 2.25 GRANT FUNDED FTES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) Funds are hereby accepted from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the FY 2013-14/2014-15 Cooperative Agreement Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue Team in the amount of $1,195,154, and appropriated, with estimated federal revenues increased accordingly to the FY 2013-14 Operating Budget of the Fire Department. 2) That 2.25 positions, including one full-time position (Account Clerk) and two part-time positions (Training Manager and Logistics Manager totaling 1.25 FTE'S), are approved in the FY 2013-14 Operating Budget of the Fire Department, provided, however, that these positions are conditioned upon continued grant funding for the duration of the grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Budget and Management Se ices - CA12806 R-2 October 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Atto-wre0wVffice sz, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Hazard Mitigation Grant Funds to Capital Improvement Project #6-501, Auxiliary Power Program -Sewer Pump Stations — Phase III MEETING DATE: October 22, 2013 ■ Background: The Department of Public Utilities operates and maintains 406 sanitary sewer pump stations. Fifty stations have permanent emergency generators to provide back-up power when needed and another 199 stations are equipped with automatic and manual power transfer switches — otherwise known as quick connects — which allow a trailer -mounted generator to be connected to the station relatively quickly. For the remaining 157 stations, Public Utilities must either connect a by-pass pump or manually wire the station to a portable generator. Both options are time consuming and hamper emergency response during system -wide power outages. Public Utilities has been using a portion of annual capital funding to provide quick connects to those stations that do not have either a quick connect or a permanent generator. The Department has been awarded two Hazard Mitigation Grants totaling $383,200, with $287,400 from the Federal Emergency Management Agency, $47,900 from the Virginia Department of Emergency Management, and a $47,900 local match from CIP project #6-501, Auxiliary Power Program -Sewer Fump Stations — Phase III. The grant funding will enable the department to install eight additional quick connects beyond those that are planned with the annual CIP funding and will help minimize the likelihood of sewage overflows during prolonged system -wide power outages. Construction is to be completed by July 31, 2015. ■ Considerations: This project involves the installation of automatic power transfer switches, wiring, and emergency generator "quick connects" to eight of the most critical sewer pumping stations. The eight stations identified in the two grant awards are: 1. PS# 615 Three Oaks — 2506 Tree Garden Way 2. PS# 236 Kings Grant Road North — 3603 Kings Grant Road 3. PS# 351 Euclid Terrace North Ridge — 321 Osprey Street 4. PS# 557 Bellamy Plantation — 1827 Grey Friars Chase 5. PS# 563 Glenwood Belspring — 1016 Belspring Drive 6. PS# 607 Pineridge — Hunt Club Forest — 2118 Grey Fox Lane 7. PS# 608 Redmill — Newstead — 2006 Newstead Drive 8. PS# 621 Fox Fire — 2685 Bernadotte Street ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Adopt the attached CIP amendment. ■ Attachment: Ordinance Recommended Action: Approval ^^ Submitting Department/Agency: Public Utilities �R City Manager: ZLk A. awl, 0cm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECT #6-501, AUXILIARY POWER PROGRAM -SEWER PUMP STATIONS — PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $287,400 in federal pass-through funding from the Federal Emergency Management Agency is hereby accepted and appropriated, with federal revenue increased accordingly, to CIP #6-501, Auxiliary Power Program - Sewer Pump Stations — Phase III; 2. That $47,900 in State funding from the Virginia Department of Emergency Management is hereby accepted and appropriated, with State revenue increased accordingly, to CIP #6-501; and 3. That the required local match of $47,900 shall be provided from existing funding within CIP #6-501. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Man gement Services Cit,,A __,10rne<s Office CA12808 R-2 October 10, 2013 ♦ ;��r',IAO� tib` r tO�` Qn�nl! adv aDl � Irl F,I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Asset Forfeiture Equitable Sharing Funds from the Office of the Attorney General of Virginia for Crisis Intervention Team Training Events MEETING DATE: October 22, 2013 ■ Background: The Office of the Attorney General of Virginia is making funds available to state and local law enforcement agencies through a one-time transfer of Asset Forfeiture Funds. This funding has been approved for the purpose of enhancing Crisis Intervention Team (CIT) programs. CIT training teaches law enforcement and other first responders how to effectively deal with individuals suffering from mental illness and divert those individuals from the criminal justice system when possible. The funding will be used for multiple CIT training events and train approximately 2,580 participants from several City departments including Police, Sheriff, Human Services, Emergency Communications and Citizens Services and Fire, as well as staff in other localities. This funding must be spent within two years after transfer and there is no match required. Because these funds are Asset Forfeiture Funds, the use and management are governed by State and Federal guidelines. ■ Considerations: This funding provides $176,635 to be used to conduct several CIT training events including the 40 hour Core CIT training class, 24 hour CIT for Youth Classes, eight hour CIT Youth Workshops for 12 CIT programs, "Behind the Badge" training program, and provide the travel expenses and fees for speakers. Funds will also be used for training supplies, conference fees and travel expenses for three state and national CIT conferences to be attended by City employees. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department Yv-x-�-- City Manager: Z -U,`-'. AV-�) -Dct,� 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE ASSET FORFEITURE EQUITABLE SHARING FUNDS FROM THE OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA FOR CRISIS INTERVENTION TEAM TRAINING EVENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $176,635 is hereby accepted from the Virginia Office of the Attorney General and appropriated, with estimated revenue increased accordingly, to the FY 2013-14 Operating Budget of the Police Department for multiple Crisis Intervention Training events and related costs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Service ;Cit n ffice CA12800 R-2 October 10, 2013 r \N A B'pi f ter ��i js �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Edward Byrne/Juvenile Assistance Grant (JAG) (Juvenile Sex Offender Treatment Program) to the Department of Human Services and to Authorize One Grant - Funded FTE MEETING DATE: October 22, 2013 ■ Background: The Virginia Department of Criminal Justice Services (DCJS) has awarded grant funds to Virginia Beach Human Services Department to provide adequate mental health services to juvenile sex offenders reducing the risk of recidivism. This initiative will aid in building a collaborative and comprehensive continuum of care in conjunction with the Court Services Unit. The grant totals $74,960, which includes $67,465 in federal pass-through funds, and a local match of $7,495. This grant will pay for a full-time certified sex offender treatment therapist at the required Clinician III level, which will be conditioned on continued grant funding. ■ Considerations: Notification of these additional Federal pass-through funds was received subsequent to the City Council's approval of the FY 2013-14 Operating Budget. The grant addresses pressing service needs. A local cash match of $7,495 is being provided from within the Department of Human Services FY 2013-14 Operating Budget to support the program. ■ Public Information: Public information will be coordinated through the normal Council Agenda process. ■ Recommendations: Accept and appropriate $67,465 in Federal pass-through revenue from the Virginia Department of Criminal Justice Services (DCJS) and transfer $7,495 within the Department of Human Services FY 2013-14 Operating Budget. ■ Attachment: Ordinance Recommended Action: Approval vs�1�'`�--�j L.PL SNS Cly Submitting Department/Agency: Department of Human Services City Manager:qlL� A L.�L �- -Okm 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE EDWARD BYRNE/JUVENILE 3 ASSISTANCE GRANT (JAG) (SEX OFFENDER 4 TREATMENT PROGRAM) TO THE DEPARTMENT OF 5 HUMAN SERVICES AND TO AUTHORIZE ONE GRANT - 6 FUNDED FTE 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA - 9 1. That $67,465 is hereby accepted from the Virginia Department of Criminal 10 Justice Services and appropriated with estimated state revenue increased 11 accordingly to the FY 2013-14 Operating Budget of the Department of 12 Human Services for a Sex Offender Treatment Program; and 13 14 2. That $7,495 is hereby transferred within FY 2013-14 Operating Budget of the 15 Department Human Services to provide a local match; and 16 17 3. That 1.0 FTE (grant -funded Clinician III) is approved in the FY 2013-14 18 Operating Budget of the Department of Human Services, provided, that this 19 position is conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Se ices City ffice CA12803 R-3 October 11, 2013 �ihiA BLA l� bus 3>1 ,4M1is sxy�:t` tYi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Purchase of Equipment, Overtime, and Travel and Training to Enhance Efforts to Address Internet Crimes Against Children MEETING DATE: October 22, 2013 ■ Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund. This funding has been made available by the Virginia Department of Criminal Justice Services. The City of Virginia Beach Police Department (VBPD) has been approved as a sub -recipient for $55,000 of this funding. This grant will fund equipment needed for ICAC investigations, overtime for ICAC related travel, training or other approved events, and training needed to investigate ICAC cases. As the lead agency of District Two of the Southern Virginia ICAC Task Force, the VBPD will also be responsible to pass through payments to other affiliates within the district. The grant period is from July 1, 2013 through June 30, 2014. ■ Considerations: There is no local match requirement for this grant. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department CC f''7 ~_W�� City Manager: (� ,8, u�' �Gv� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE PURCHASE OF EQUIPMENT, OVERTIME, 3 AND TRAVEL AND TRAINING TO ENHANCE EFFORTS TO 4 ADDRESS INTERNET CRIMES AGAINST CHILDREN 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 $55,000 is hereby accepted from the Virginia Department of Criminal Justices 8 Services via the Bedford County Sheriff's Office and appropriated, with estimated state 9 revenues increased accordingly, to the FY 2013-14 Operating Budget of the Police 10 Department to provide equipment, overtime pay, and specialized training and related travel 11 to the Police Department, which will enhance efforts to address internet crimes against 12 children. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT r� C", . Budget and Management Se ices CA12804 R-2 October 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: � 7 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Replacement of Electronic Systems in Three Police Marine Patrol Vessels MEETING DATE: October 22, 2013 ■ Background: The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency has awarded the Virginia Beach Police Department (VBPD) $45,000 in federal grant funds under the FY 2013 Port Security Grant Program. The purpose of the grant is to strengthen the nation's critical infrastructure against risks associated with potential terrorist attacks. To be eligible for this funding, agencies must be members of an Area Maritime Security Committee and provide port security services. The VBPD is the primary responder in the region and is the only local agency to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay. Specifically, this grant will fund the replacement and upgrade of the electronic components for three Donzi Police vessels. These vessels were obtained with funding from the 2004 Department of Homeland Security Grant Program, and the electronics have become outdated and need to be replaced. The replacement electronic system will be integrated with and be able to use the full capabilities of the boats' automated information systems equipment provided by the Virginia Port Authority, which will enhance operational capabilities including port protection and terrorism prevention, enforcement of boating laws, search and rescue, and response to calls for service. The upgrade includes the purchase of equipment and related software, labor, rigging and testing. The upgraded system is anticipated to last ten years. ■ Considerations: The grant provides $45,000 of DHS funding and requires a $15,000 match, which will be funded through a transfer from the FY 2013-14 General Fund Reserve for Contingencies. As of October 2, 2013, the balance in the General Fund Reserve for Contingencies is $1,077,410. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department /,cc DIV— City Manager: Zk,4-A 1. �"� -Oc,m 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR THE 3 REPLACEMENT OF ELECTRONIC SYSTEMS IN THREE 4 POLICE MARINE PATROL VESSELS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 9 10 11 12 13 14 15 16 17 18 1. $45,000 is hereby accepted from the Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2013-14 Operating Budget of the Police Department to purchase replacement electronic systems for three Marine Patrol Unit vessels that will enhance the response capabilities of the Marine Unit; and 2. $15,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2013-14 Operating Budget of the Police Department to provide the local grant match; and 3. The equipment purchased with these grant funds is not guaranteed to be replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT J) " � Q� Budget and Management Servi s CA12802 R-2 October 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: "ney's Office .P.'t4 til CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Land Conservation Foundation to Partially Reimburse the Cost of Monitoring and Enforcing Conservation Easements MEETING DATE: October 22, 2013 ■ Background: In FY 2011-12, the City accepted donated land interests for which a land preservation tax credit has been claimed. On October 12, 2012 the City was notified by the Virginia Department of Conservation and Recreation that it would be receiving funds from the Commonwealth of Virginia's Land Conservation Foundation to support its ongoing land conservation stewardship efforts. The Land Conservation Foundation awarded the City of Virginia Beach $7,191 to help support monitoring and enforcement of the conservation and preservation purposes of the donated land interests. The funds were received and temporarily placed in the Agriculture Reserve Program Special Revenue Fund, until a final decision would be proposed to City Council for appropriation. After further analysis, it was determined that a more proper place for the funds is in the Environment and Sustainability Budget Unit of the Planning Department. On October 11, 2013 the City was notified of another award from the Foundation totaling $4,628. The combined awards total $11,819. ■ Purpose/Considerations: The attached ordinance will accept and appropriate $11,819 of state funding from the Virginia Land and Conservation Foundation to the Environment and Sustainability budget unit in the Planning Department. The appropriation will help reimburse the costs incurred for monitoring and enforcing donated conservation easements. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture,�� City Mana er:LWIK-)CWk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA LAND CONSERVATION FOUNDATION TO PARTIALLY REIMBURSE THE COST OF MONITORING AND ENFORCING DONATED CONSERVATION EASEMENTS WHEREAS, the Commonwealth of Virginia's Land Conservation Foundation has awarded $11,819.75 to the City of Virginia Beach to help support monitoring and enforcement of the conservation and preservation purposes of donated land interests. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,819 is hereby accepted from the Commonwealth of Virginia's Land Conservation Foundation and appropriated with estimated state revenue increased accordingly to the Planning Department's Operating Budget to help reimburse the cost of monitoring and enforcing donated conservation easements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Budget and Management Service CA12805 R-2 October 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City A 'sice { =i a.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,300,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund to the Convention and Visitors Bureau for Advertising and Marketing Efforts MEETING DATE: October 22, 2013 ■ Background: In August, 1995, the City Council of Virginia Beach established the Tourism Advertising Program (TAP) Special Revenue Fund with the intent to utilize the TAP Fund for the City's advertising program. This fund collects revenues dedicated from one cent of the percentage -based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. The Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for the City's advertising and marketing program to promote and increase tourist and convention visitation to the City, the operation and maintenance of the Visitor Information Centers, and additional national and regional advertising for the City with increased emphasis on marketing through the City's website, www.visitvirginiabeach.com. ■ Considerations: At the close of FY 2012-13, the TAP Fund had an un- appropriated fund balance of $1,457,700. The fund balance results from previously appropriated funds that lapsed at the end of the fiscal period, accumulated interest, and revenues from the previous fiscal year that exceeded estimates. After review of the available fund balance, the CVB requests the appropriation of $1,300,000 from fund balance for the following marketing purposes - 1 . urposes: 1. Increase investment in domestic leisure, international leisure, and participatory sports events advertising and marketing programs, which will take advantage of new opportunities and counter more aggressive programming by the City's competitors ($550,000); 2. Underwrite new research on potential visitor perceptions of Virginia Beach as a leisure destination and how these perceptions vary from key competitive destinations along the Eastern Seaboard, and a separate study of how, when and why users of the tourism and travel website convert or fail to convert to accommodations and attraction purchasers ($175,000); 3. Continue to increase functionality of the customized, web -based mobile phone and tablet informational and promotional solution — the WebApp — for leisure transient and group, convention sales, convention center, and sports marketing ($75,000); 4. Enhance CVB-specific social media marketing programs ($75,000); 5. Continue to enhance the new Live the Life/Love the Moment advertising creative evolution to further support the City's leisure brand in the domestic marketplace ($100,000); 6. Develop and implement a custom marketing results data system to provide real-time analysis of individual feeder market spending data with online inquiry and, potentially, booking results. The system will allow for real-time adjustments of marketing investment in response to then -current changes in various markets ($125,000); and 7. Provide funding for quick responses to natural or man-made disasters, or unanticipated opportunities ($200,000). If approved, the TAP Fund will have a fund balance of $157,700. This balance serves as an additional emergency reserve, and it could be used, subject to appropriation, for capital funding for the Visitor Information Center as needed. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: y �� �C �N►. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE $1,300,000 FROM THE FUND BALANCE OF THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND TO THE CONVENTION AND VISITORS BUREAU FOR ADVERTISING AND MARKETING EFFORTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,300,000 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund is hereby appropriated, with estimated revenue increased accordingly, to the FY 2013-14 Operating Budget of the Convention and Visitors Bureau for advertising and marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 3 ovi'l All C� Budget and Management Servi es Q it y A fti 516ne ffice CA12793 R-1 September 25, 2013 c C J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funding to Expand the Pilot Live Oak Program MEETING DATE: October 22, 2013 ■ Background: The City of Virginia Beach established a Maritime Forest Trust Fund to collect donations to be used to restore or enhance trees and habitat (e.g., tree planting, tree transplanting, tree protection, and other related activities) in the City's Atlantic and Chesapeake Bay coastal maritime forest areas. The fund protects losses to maritime forest areas threatened by urban development and redevelopment activity. The Trust's current fund balance is $45,110, all from private donations. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed a Live Oak strategy to implement recommendations in the City's Comprehensive Plan, with assistance from various State agencies and the Friends of Live Oaks community organization. The Friends of Live Oaks is developing a program to reintroduce live oaks throughout the City as a signature tree species (maritime forest habitats are among the most threatened and rare ecosystem areas in the world). This program is also in keeping with City Council's designation of the Live Oak as the City's Official Tree and a goal of the Envision Virginia Beach 2040 Plan to increase our tree canopy. ■ Considerations: City staff has developed a cost sharing arrangement with the Friends of Live Oaks community organization as part of the Live Oak strategy to accomplish multiple outcomes. First, the implementation of a previous live oak planting project by the City and Friends of Live Oaks has established a sound model for continued future live oak restoration efforts in the City, and has helped reestablish community interest and awareness of this unique tree in the City. Second, the Live Oak strategy represents a significant effort by the City to address restoration of unique maritime forest habitat, and shows local commitment to helping achieve the objectives of both Virginia and the federal government towards restoration of natural habitats and contributions to improving both air and water quality. Third, expanding the pilot live oak program links directly to a major step forward for this integrated strategy which has been developed for environmental restoration of a special City ecosystem. This will prioritize restoration efforts within those areas of the City that exhibit the highest potential for restoration of maritime forest habitat. The current project expands the pilot live oak program initiated in 2011 between the City and the Friends of Live Oaks community organization. The project cost is $13,500. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting De a ent/Agency: Department of Planning and Community Development City Manager: t � 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE FUNDING TO EXPAND THE PILOT LIVE OAK PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $13,500 is hereby appropriated from the Maritime Forest Trust Fund to the FY 2013-14 Operating Budget of the Department of Planning and Community Development to expand the Pilot Live Oak Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT 1 Budget and Management Service CA12807 R-2 October 10, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City A 's, ice NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, October 22, 2013, at 6:00 P.M., at which time a Public Hearing to consider the following applications will be held: PRINCESS ANNE - DISTRICT 7 Five Mile Stretch Associates, LLC Application: Conditional Chan>re of Zonin from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD - H2 Planned Unit Development Overlay) at 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494485388; 1494479615; 1494461695). Proposal is for 112 dwellings (3 units per acre). Comprehensive Plan: Special Economic Growth Area 4 - Princess Anne. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon October 6 & 13, 2013 23782845 J. PLANNING 1. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD -1-12 Planned Unit Development Overlay) re dwellings in the 2800 to 2900 Block of Princess Anne Road (Deferred August 27, 2013) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL Nu °Fic CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIVE MILE STRETCH ASSOCIATES, LLC (Applicant & Owner), Conditional Change of Zoning, , AG-1/AG-2 Agricultural to Conditional PD -H2 Planned Unit Development (R -5D Residential District). 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494485388; 1494479615; 1494461695). PRINCESS ANNE DISTRICT. MEETING DATE: October 22, 2013 ■ Background: The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to PD -H2 Planned Unit Development District (R -5D Residential). The applicant has consolidated parcels of formerly cultivated land on the north side of Princess Anne Road for the purpose of developing a single- family residential community. The City Council indefinitely deferred this application on August 27, 2013 to provide the applicant an opportunity to meet with residents in the Christopher Farms neighborhood regarding the proposal. The applicant has met with and had further discussion with the residents. Based on those discussions, the applicant revised the proffers submitted with the application pertaining to the floor area of the dwelling units; the revision is described below in the Considerations section. The applicant contacted Planning Department staff and requested that this item be returned to the City Council for consideration. Accordingly, staff scheduled the item for the earliest available City Council meeting, allowing for time necessary to advertise the request, contact adjacent property owners, and post the property with the required public notice signs as required by the City Zoning Ordinance. ■ Considerations: The development site is uniquely shaped due to the configuration of the existing consolidated parcels as well as a 66 -foot wide right-of-way owned by Dominion Virginia Power. The proposed plan shows112 lots (density of 3.02 units per acre), which is compatible to the density of the closest residential developments. The proposal also includes the dedication to the City of Virginia Beach of 2.06 acres of future right-of-way for London Bridge Road Extended and a 1.17 -acre area of mature trees adjacent to the Christopher Farms neighborhood. The proposed plan also designates 13 acres of open space, some of which includes areas of non -tidal wetlands and a tree preservation area. Five Mile Stretch Associates, LLC Page 2of4 Primary vehicular and pedestrian access will be directly from Princess Anne Road via one street and one dedicated access for emergency vehicles. The proposed plan also shows a second access and connectivity point to the future London Bridge Road Extended, which is not currently programmed in the Capital Improvement Program. Landscaping in this area will be consistent with the landscaping planting for the Princess Anne Road project, currently being constructed. The site design demonstrates good street connectivity within the neighborhood and to adjoining existing or planned roadways. The parcels have been clustered to enable greater integration of and access to open space. Wherever feasible, existing larger stands of trees or natural features should be preserved. The proposed building design and materials are good quality and consistent with the general character of the surrounding neighborhoods. The continuance of quality development in this area is ensured with this design. In regard to the floor area of the dwellings, Proffer 4 of the Conditional Zoning Agreement provided to City Council on August 27 noted that one-story houses would have a minimum of 1,500 square feet of enclosed living area, excluding garage space, and a two- story house would have a minimum of 1,900 square feet of enclosed living area, excluding garage space. After the applicant had further discussion with residents of Christopher Farms, a revision to Proffer 4 was submitted. The revision results in the one-story floor area increasing to 1,750 square feet and the two-story floor area increasing to 2,150 square feet. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following proffers: PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than one hundred twelve (112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable Five Mile Stretch Associates, LLC Page 3 of 4 to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1750 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 2150 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Five Mile Stretch Associates, LLC Page 4 of 4 Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. The City Attorney's Office has reviewed the proffer agreement dated March 23, 2013, and found it to be legally sufficient and in acceptable legal form. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planniing(Depa�rtmen City Manager: PRINCESS MINE flak M un-yMu 4 July 10, 2013 Public Hearing APPLICANT: FIVE MILE STRETCH ASSOCIATES, L.L.C. PROPERTY OWNER: FIVE MILE STRETCH ASSOCIATES, L.L.C. , JOSEPH A. WALTON, JR., JSW HOLDINGS, LLC, ESTATE OF ANNIE B. BROWN K. SETZER STAFF PLANNER: Karen Prochilo REQUEST: Change of Zoninq -- AG1 / AG2 Agricultural Districts to Conditional PD -H2 Planned Unit Development District (R -5D District) ADDRESS / DESCRIPTION: 2800-2900 Block of Princess Anne Road GPIN: ELECTION SITE SIZE: AICUZ: 14944703100000;14944616950000 DISTRICT: 37.08 acres 65 dB to 70 dB DNL 14944718770000;14944646660000 PRINCESS ANNE Sub -Area 2 14944755020000;14944758470000 14944853880000;14944796150000 BACKGROUND / DETAILS OF PROPOSAL The applicant has consolidated eight parcels of undeveloped agricultural land on the north side of Princess Anne Road to develop a single-family residential development. The applicant proposes to conditionally rezone the existing AG -1 and AG -2 Agricultural properties to Conditional PD -1-12 Planned Unit Development District (R -5D District). The development site is uniquely shaped due to the FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 1 configuration of the consolidated parcels and the fact that the site is also bisected by a 66 -foot wide right- of-way owned by Dominion Virginia Power. The proposed plan includes'! 12 lots (density of 3.02 units per acre), which is compatible to the nearby residential developments. The proposal also includes the dedication to the City of Virginia Beach of approximately 2.06 acres of future right-of-way and a 1.17 -acre area of mature trees adjacent to the Christopher Farms neighborhood. The proposed plan also designates 13 acres of open space, some of which includes areas of non -tidal wetlands and a tree preservation area. Primary vehicular and pedestrian access will be directly from Princess Anne Road via one street and one dedicated access for emergency vehicles; the proposed plan does provide a second access and connectivity point to the future London Bridge Road Extended, which is not currently programmed in the Capital Improvement Program. Landscaping in this area will be coordinated with the Princess Anne Road project, currently being constructed. Also shown on the plan but not part of this rezoning is a parcel owned by the applicant adjacent to the proposed road link. This parcel is designated as potential commercial. The vision for this area is to encourage, carefully plan, and integrate neighborhood serving non-residential development. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: . Princess Anne Road • Golf course, residential dwelling and undeveloped land / AG -1 & AG -2 Agricultural District East: . Undeveloped land / AG -1 & AG -2 Agricultural District West . Undeveloped land / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND This site is within the Southern Watershed Management Area. The owner, CULTURAL FEATURES: developer and/or consultant are responsible for contacting the Department of Conservation and Recreation (DCR) and/or the U.S. Army Corps of Engineers regarding State construction site stormwater permits and the potential presence of jurisdictional non -tidal wetlands, respectively. The City of Virginia Beach does not issue Virginia Stormwater Management Program (VSMP) permits or make non -tidal wetland determinations or regulate these environmentally sensitive areas. The Dominion Power right-of-way to the north of this subject property has been identified in the Virginia Beach Outdoors Plan as a future bike/pedestrian trail. COMPREHENSIVE PLAN: The subject site is identified as being within the Princess Anne Special Economic Growth Area (SEGA 4) - North Princess Anne Commons. The guiding plan for Princess Anne SEGA 4 is the Interfacility Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan). The site is also with Sub -Area 2 of the Princess Anne Corridor Study, which is adopted by reference as a component of the Comprehensive Plan. Accordingly, the Comprehensive Plan provides two distinct but complementary set of planning policies for the site. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 2 The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of Princess Anne Road and west of Dam Neck Road, for which the Comprehensive Plan either had previously provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific policies, such as the Sub -Areas in the Princess Anne Corridor Study. Accordingly, development proposals for the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well as the Princess Anne Corridor Study. Despite the land use compatibility constraints of the AICUZ and Interfacility Traffic Area (ITA), Princess Anne SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The Comprehensive Plan provides two sets of recommendations for Princess Anne SEGA 4. There are general recommendations provided for Princess Anne/Transition Area (pages 4-3 and 4-4 of the Policy Document) and there are general recommendations specific to Princess Anne SEGA 4. The recommendations for SEGA 4 are listed below, as they are the recommendations most applicable to the subject site. Unless otherwise specifically addressed by other Comprehensive Plan policies and recommendations, developments proposed in the Princess Anne SEGA 4 should conform to the following planning recommendations: • Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity; • Protection of most sensitive land; • Mixed use town center style development in the Municipal Center and Historic/Cultural District; • Low -impact campus style development for work, education, research, recreation and worship (remainder of ITA and Vicinity Area); • Guidelines for building types to ensure appropriate quality and character; • Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south of Indian River Road; • Development remains limited along existing unimproved infrastructure; and, • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center, (p. 4-7, Policy Document). The general goals for land uses of the Princess Anne SEGA 4 - North Princess Anne Commons are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. An important general recommendation for any development within this area is that direct private access to Princess Anne Road will not be permitted, due to its designation as a Controlled Access Roadway in the City's Master Transportation Plan, except when the property in question has no other reasonable access to the circulation system. The Interfacility Traffic Area and Vicinity (ITA and Vicinity) Master Plan states that development should be directed first along existing developed nodes with infrastructure and, for those areas outside of restricted AICUZ, development should consist of mixed-use districts. The intent is to reinforce and infill developed nodes or urbanized campuses with commercial, institutional, and residential uses so people can live, work, and recreate within walking distance to services and gathering spaces, (p.3, ITA and Vicinity Plan). As noted at the beginning of this section, the Princess Anne Corridor Study provides land use policies and recommendations that are specific to the subject site and the immediately surrounding area, which the Study designates as Sub -Area 2. This Sub -Area consists of approximately 100 acres and includes 27 privately owned parcels with a few single-family residences (p. 10, Corridor Study). The 'viewshed' of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use; of FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 3 planting and design guidelines for adjacent future development. Buffer plantings between Sub -Area 2 and the adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer area to allow year-round screening of the proposed developments (p. 16-17, Corridor Study). It is important that these policies ensure neighborhood compatibility, protecting the neighborhoods from unwanted intrusive uses or activities. The Corridor Study provides two 'critically important objectives' applicable to all of the area encompassed by the Study: (1) The need to accomplish land parcel consolidation that is large and well configured in order to promote a coordinated and unified, as opposed to piecemeal, development. (2) The need to limit the number and location of roadway and driveway accesses to Princess Anne and Dam Neck Roads for that segment within this corridor area (p. 19, Corridor Study). The study provides incentives consistent with the City's Oceana Land Use Conformity program that support these objectives, stating that there may be occasions when the efforts of individual property owners to comply with the provisions of this plan are frustrated by physical constraints or factors beyond their control. Some weight should be given to this determining the allowable density. The baseline density recommended by the Corridor Study is 2 units per acre for property zoned Agricultural, if no rezoning is proposed. Prior to the 2005 revisions to City plans and ordinances that were adopted in response to the potential closure of NAS Oceana by BRAC, the baseline density for the Sub -Area 2 was 6 units per acre. In instances where providing street ties to adjoining properties is recommended in order to merit higher density, the provision of such connections should result in density bonus (p. 20, Corridor Study). The Princess Anne Corridor Study states that proposed development in this area should embody exceptional open space areas and vistas, reverse frontage and interior access roads. Access to Princess Anne Road should be provided by an attractive, planned collector road connecting Holland Road to the golf course entrance. A heavily landscaped buffer approximately 100 feet in width between the collector road and Christopher Farms neighborhood should be included. Every effort should be made to save a wide area of undisturbed mature trees that is located adjacent to the Christopher Farms (see Figure 14, page 25, Corridor Study). Building design elements must maintain the character of the area. Planted vegetation should be used to 'soften' the appearance of the built environment and such vegetation should blend in with the natural features of the site. Open space should be included as part of development and located to create a continuous connector park. Whenever possible, the design of stormwater retention and detention systems should have irregular features versus geometric features. Chain link fences are not encouraged as an enclosure around stormwater management pond facilities and should be avoided (p. 11-14, Policy Document). Low impact development techniques are encouraged as a means of managing stormwater. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently undergoing construction to widen it from a two lane undivided typical section to a four lane divided typical section with parallel multi -use trails. The subdivision entrance is at the location of a designed median break and will displace a private street serving three houses; this private street traffic will be rerouted FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 4 through the new subdivision. The proposed plan also shows a second access point to a future roadway, London Bridge Road Extended, which has been shown in the Comprehensive Plan and ITA Vicinity Master Plan but does not have an active CIP project. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 21,000 ADT Up to 17,000 ADT (Level Existing Land Use — Road (Existing) (2011 — Road of Service "D") Capacity 10 ADT AG -1 properties has not been Up to 18,400 ADT' (Level 30 ADT: 2 AM Peak Hour counted due to of Service "E") Trips & 3 PM Peak Hour construction) Trips Princess Anne Up to 32,500 ADT (Level Road (Build -out) of Service "C") Proposed Land Use — Up to 34,900 ADT' (Level 1,276 ADT: 97 AM Peak of Service "D" - Capacity) Hour Trips & 128 PM Peak Hour Trips Average Daily Trips 2 as defined by 36.73 acres AG -1 & 3 houses on private street 3 as defined by 122 housing development plus 3 houses on private street of through traffic 1. Traffic Engineering requires a right -turn lane on Princess Anne Road for this subdivision. I he turn lane shall have 150 feet of storage and a 150 foot taper. 2. Traffic Engineering opposes the installation of a driveway apron on Princess Anne Road for emergency access. An apron has already been installed approximately 175' away for a BMP maintenance drive with the Princess Anne Road widening and this drive can be extended to the subdivision street next to Lot 14 to provide a second access point for emergency vehicles. 3. All traffic to the private lane on the west side of the development must use the subdivision streets. PARKS and RECREATION: Request the developer to consider additional dedication of the open space south of the Dominion Power right-of-way and east of the houses to the City of Virginia Beach. This would require less maintenance for the Home Owners Association which generally struggle to keep up with maintenance of large open spaces long-term. If dedicated this area would then be public and could connect to parcels to the east that may be developed with similar residential uses. This would maximize the benefits of open area as envisioned in the PA Corridor Study for Sub Area 2. WATER: This site must connect to City water. Water does not front the proposed lots, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. There is a 20 -inch City water main in a 66 -feet wide right-of-way. SEWER: This site must connect to City sanitary sewer. City sanitary sewer does not front this site. City sanitary sewer is not available to the proposed lots. Plans and bonds are required for construction extension of sanitary sewer system. FIRE: No comments at this time. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity will have to be addressed in accordance with Southern Watershed Management Ordinance, Virginia Stormwater Management Handbook and the Performance based water quality calculations outlined in the Virginia Stormwater Management Handbook. On-site retention will be required and an adequate outfall must be verified in conjunction with this development. A hydrology study will be required to establish any onsite and downstream drainage requirements and easements. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 5 A copy of written permission will be required for all proposed work and improvements located with the existing 66' VEPCO right-of-way. All proposed right-of-way improvements along Princess Anne Road must be coordinated with COVB Roadways CIP #2-305. VIRGINIA NATURAL GAS: There is an 8 -inch steel gas main that runs in an easement in the Dominion Power right-of-way. A signed encroachment agreement for the work that will take place over the easement will be required. SCHOOLS: School Current Capacity Generation Change 2 Enrollment Christopher Farms 663 737 35 1 Landstown Middle 1,482 1,692 21 0 Landstown High 2,196 2,332 29 1 _7 generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION AND RECOMMENDATION The applicant has clearly attempted to assemble as many parcels as is feasible to meet the goals of the Comprehensive Plan and has presented a development plan that is generally consistent with the goals for this site. Even though the ITA Plan recommends mixed-use for this site, mixed use is the goal for the larger area on the north side of PA Road inclusive of this site. Therefore, a residential neighborhood would be consistent with the land use goals for this area, assuming other forms of future development will be encouraged to be of more diverse, mixed use character. The nearby surrounding residential density is similar to the density planned. The design features of the site, striving to achieve the goals in the Comprehensive Plan, warrant support for the proposed density under these conditions. The proposed density is less than that which was originally proposed as well as less than that allowable prior to the City's 2005 BRAC Response. The Navy -City Joint Staff Group (JSG) evaluated the proposal pertaining to consistency with the provisions of Section 1804(c)(3) of the Zoning Ordinance, and found the following: The proposed density of 3.02 dwelling units per acre can be determined to be consistent with the provisions of Section 1804(c)(3) of the City Zoning Ordinance only if the City Council, during their consideration of the current Change of Zoning request, determines that the Performance Criteria for the 'Incentive Development Option' have been met. Should the City Council find that the Performance Criteria have not been met, Section 1804(a) of the Zoning Ordinance states that the City Council shall not approve the Change of Zoning request. In such case, a proposed development utilizing the "Baseline Development Option" of 2 dwelling units per acre would be consistent with Section 1804(c)(3), as that is the density specifically recommended by the Comprehensive Plan. While direct access from Princess Anne Road is not consistent with the Controlled Access Roadway policy, the applicant has been able to assemble some property up to the adjacent planned right-of-way for London FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 6 Bridge Road Extended. A future connection to London Bridge Road is shown on the site plan. Therefore, a primary point of access is proposed along Princess Anne Road at a proposed median break that has been determined to be acceptable to Public Works. While an argument could be made that the proposal is not ready and should wait until such time as London Bridge Road Extended is constructed, a reasonable and acceptable interim solution has been provided. Therefore, given the information available for this proposal, a finding of consistency with the Comprehensive Plan's policy regarding adequacy of existing or planned infrastructure improvements within Princess Anne SEGA 4/Transition Area can be made. Open space has been incorporated into the plan and the proposed layout reinforces a developed node with a proposed density and character respectful of and sized appropriately for the area. The development plan provides 37% of open space, with easy access from the surrounding residences and streets. No provisions are made at this time for pedestrian pathways to be linked with bike/pedestrian trail proposed along the Dominion Virginia Power right-of-way (ROW) or within the proposed open space areas. Bike/pedestrian trails within the neighborhood's planned open space areas are encouraged. There is a good connection with the Princess Anne Road multi -use path through the proposed neighborhood entrance at Princess Anne Road. The site design demonstrates good street connectivity within the neighborhood and to adjoining existing or planned roadways. Sidewalks have been provided throughout the neighborhood. The parcels have been clustered to enable greater integration of and access to open space. Wherever feasible, existing larger stands of trees or natural features should be preserved. Based on staff's evaluation of the request, as provided above, staff recommends approval of this request as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than one hundred twelve (112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be from the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 7 depicted and described on the ten (10) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 15091750 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 4999 2150 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER & Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. FIVE MILE STRETCH ASSOCIATES, L.L:C. Agenda Items 4 Page 8 STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of certainty in terms of the site's layout, the architecture and building materials to be used. The City Attorney's Office has reviewed the proffer agreement dated March 23, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 9 11 o s ] I Ill IN, � t E u � M N a+ N t ��'` i• U Q Q W l% O MNcr� O Q siaxj rr a I� �• Q 4111 vrn'rn a n� E E cN °aa o ;rx g<� r m C! v D v° n na as oo a o> m m E` n -S. Ut N c t m V 0 O.Eo`cca avozon`.a3Z)oo3 �mG 10 8 V O / / �•., s IR si //i "_-- G •� \ ��j 'ij� R R -RR s p g: ?R =; O � 17y'i� : j i t tt tt si^ ��•3" ad! 6t A In U ; U = L o x CG 0. rY U L V) O 0 Q w Z O a a w 0 0 z a PROPOSED SITE PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 11 WW" a reapLs \ PARCEL 0 dir�wrara.�BE C 1 ' rnwmr 11 \ dTTP -- !GW 1.0m,N. • LILLUN 4 11 ri NCL A �`1 1 CHRISTOPHER FARMS ELEMENTARY SCHOOL 1 1 � 1 l I " 1 \ \ NOrtAAD 0. ENwCSS v � f s "'t 2.06 ACRES OF RIGHT -OF —TO BE DEDICATED TO CITY OF VIRGINIA BEAD 7.17 ACRES TO BE DEC CITY OF \ / PYA � � RGf.1yr Apr[ 1 � t \ o \ \ p° 0 \ u \ \ \\ ffa „LE S1ROW, \ \ PolenO \ \ Cp me PRINCESS ANNE ROAD wamwmwaw LAND USE PLAN FOR PRINCESS ANNE MEADOWS March 22, 2013 Prepared by Kotorides Developers PROPOSED DEVELOPMENT PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. , Agenda Items 4 }„'> Page 12 1' a� `A 2.06 ACRES OF RIGHT -OF —TO BE DEDICATED TO CITY OF VIRGINIA BEAD 7.17 ACRES TO BE DEC CITY OF \ / PYA � � RGf.1yr Apr[ 1 � t \ o \ \ p° 0 \ u \ \ \\ ffa „LE S1ROW, \ \ PolenO \ \ Cp me PRINCESS ANNE ROAD wamwmwaw LAND USE PLAN FOR PRINCESS ANNE MEADOWS March 22, 2013 Prepared by Kotorides Developers PROPOSED DEVELOPMENT PLAN FIVE MILE STRETCH ASSOCIATES, L.L.C. , Agenda Items 4 }„'> Page 12 1' v "MURMUF V.m116%..11b �Immlmr_' ;t; PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 14 N mm Plubi - 0 AL k l F 777771 ISI 2 e (� s PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 17 IM 1% _ ami S r i .y i � I PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 19 PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 20 PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 21 PROPOSED ELEVATION FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 22 PRINCESS ANNE �-.. ,. ,r•� cam. _. _�_ ♦ T T � 1 l tr; i j oXIf M� 'Zoning with Conditions Rroffers, Open Change of Zoning from AG-1/AG-2 to PD -H2 Space Promotion or PDH -2 Overlays iTA= Interfacility Traffic Area underlying R -5D ZONING HISTORY # DATE REQUEST ACTION 1 01/09/2007 Conditional Use Permit Outdoor recreation — golf course Approved 2 03/14/2000 Conditional Use Permit Outdoor recreation — golf course Approved 3 05/27/1997 Subdivision Variance Approved FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 23 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the ldk wtng: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach listfnecessary) Five Mile Stretch Associates LLC R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent-subsidtary' or affiliated business entity2 relationship with the applicant: (Attach Fist it necessary] McGinnis Realty and Development Company ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ifproperty owner is drlf inwi from appficant tf the property owner is a corpoiation, partnership, firm, business, or other unincorporated organization, complete the hollowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (A(tach list if necessary) Five Mile Stretch Associates LLC, R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent -subsidiary or affiliated business entityz relationship with the applicant: (Aitech list if necessary) McGinnis Realty and Development Company ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See rwd page for rbohx** Does an ofiaal or employee of the City of Virginia Beach have an interest in the subject land? Yes ,_ No RJ If yes, what is the name of the official or employee and the nature of their interest? Cww*bW RWMkV Appliouon PqP 11 or 12 PSAW 1 Ill &12= DISCLOSURE STATEMENT R FIVE MILE STRETCH ASSOCIATES, L`:L.C. Agenda Items 4 Page 24 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with reaped to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list N necessary) Harry R. Purkey, Jr., P.C., Attorney Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning "Parent -subsidiary relationship' means's relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2'Aflillated business entity relationship' means 'a relationship, other than parent. subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, M a controlling owner In one entity is also a controlling owner in the other entity, or flit) there Is shared management or control between the business entities. Factors that should be considered in deterniirft the existence of on affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets the business entities share the use of the some omens or wriplayees or otherwise sham activities, resources or personnel on a regular basis; or there is otherwise a does working relationship between itis entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is hue and accurate. I untlarstan d that, upon receipt of noti8c oon (posiowd) that the application has been scheduled for public hearing, i am responsk* for obtaining and posting the required sign an the subject property at least 30 days prior tc the sdeduled public hearing oowmlk g to the instructions in this package. The undersr g toalso consents to photographand viewwtthesite for purposes the sub)ed pof roperty by oldemployevevakmting 0* appicetbrrof the ct . Five e S etch Associa s, LLC I��_ A*1ceWs&dnature Ma aging Member Print Narne Property Owner's Signature (H different than applicant) Print Name CWW JNW Rr wftAPPGMV n Pop PAVb 713 m DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIi4TE% L.L.C. Agenda Items 4 Page 25 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) Five Mile Stretch Associates LLC R.J. McGinnis, Managing Member McGinnis Realty and Development Company, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) McGinnis Realty and Development Company ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only If property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Estate of Annie B. Setzer and Brown K. Setzer C/O James T. Cromwell, Special commissioner 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach fist if necessary) ® Check here N the property owner Is NOT a corporation, partnership, firm, business, or other unincorporated organization. & see next page for foobwtes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 0 No If yes, what is the name of the official or employee and the nature of their interest? Cond6lonal Remnrw Apglueon Page 11 of 12 Revl"d 11/188006 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 26 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attorney Sykes, Bourdon, Ahem & Levy, P.C., Attorneys Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning ' 'Parent -subsidiary relationship' means -a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'Affiliated business entity relationship' means 'a relationship, other than pared - subsidiary relationship, that exists when () one business entity has a controlling ownership Interest In the other business entity, (IQ a controlling owner in one entity is also a controlling owner in the other entity, or (1111) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entitles share the use of the some offloss or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that on information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obfainir,g and poorg the required sign on the subject property st least 30 days prior to the scheduled public hearing aocorctng to the Instructions in this pact age. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Fiv iA Stretch Associates, LLC Awlcva Signature Managing Member Print Name of is Sion di fererd than aftficantl Print Name James T. Cromwell, Special Commissioner Estates of Annie B. and Brown K. Selzer CondkbndRmmhgApptfa don Pyre 12 of 12 Rwiwd 7132007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 27 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractor or businesses that have or will provide services with reaped to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attorney Gallup Surveyors & Engineers, LTD Kotarides Developers, Land Planning 'Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2'Afflliated business entity relationship" means's relationship, other than parent - subsidiary relationship, that exists when C) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or (hit) there is shared martagernent or control between the business entities. Factors that should be considered in determining the existence of an alfilialed business entity relationship include that tare same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (posh that the application has been uled for public hearing, I am responsible for obtaining and posting the required sign an the subject property at least 30 days prior to the adredrrled public hearing according to the irretructions in tiffs package. The undersigned also consents to entry upon the subject property by employees of the Department of M-11119to and view the site for purposes of processing and evaluating this application. e it trey tcchh A dates, LLC s ' net gl mer tint Name � Jjy6 k k/a/.{,,,�J�. P Ofi0hers Sig ature ( nt than applicant) Print Name Walton CondMonal RmmkV AppOodion Pyla 12 or 12 Review) M2007 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 28 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with resped to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Harry R. Purkey, Jr., P.C., Attorney Gallup surveyors & Engineers, LTD Kotarides Developers, Land Planning 1 'Paerd-subsidnary relationship' means 'a relationship that exists when one corporation directly or indlredly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. I 'Affiliated business entity relationship' means 'a relationship, other than parert- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, Qq a controlling owner In one entity is also a controlling owner in the other entity, or (til) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiNabed business entity relationship include that the same person or substantially the sane person own or manage the two entities; there are common or commingled funds or assets, the business entNes share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose workfg relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the infomation contained herein is true and gate. I undastatd that, upon receipt of notification (postcard) that the application has been Kheduled for public hearing, I am responsible for obtaining and posting the required sign an the subject property at least 30 days prior to the scheduled public hearing according lo the instructions in this package. The undersigned also consents to entry upon the subject properly by employees of the Depertrnent of Planning to Rhotograph and view the sits for purposes of processing and evaluating this appketfon. Five batch Associates, LLC A ll S nu aging memDer Print Narne Josyti y,,/,c�„ Property er's i9 a (if different than aWricant) Print Name Ing Joseph F ncis alton, Managing Member CondkbrW RumingAppkradon Paye 12 or 12 fWeed 713rlco7 DISCLOSURE STATEMENT FIVE MILE STRETCH ASSOCIATES, L.L.C. Agenda Items 4 Page 29 Item #4 Five Mile Stretch Associates, L.L.C. Conditional Change of Zoning 2800-2900 Block of Princess Anne Road District 7 Princess Anne Road July 10, 2013 REGULAR An application of Five Mile Stretch Associates, L.L.C. for a Change of Zoning (AG1 / AG2 Agricultural Districts to Conditional R.5D Residential District with PD -1-12 Planned Unit Development Overlay) on property located on the 2800-2900 Block of Princess Anne Road, District 7, Princess Anne. GPIN: 14944703100000; 14944616950000; 14944718770000;14944646660000;14944755020000;14944758470000; 14944853880000;14944796150000. PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential subdivision of not more than c hundred twelve (112) single family homes, substantially in accordance with the "Land Us( Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file wit the Virginia Beach Department of Planning (the "Land Use Plan"). PROFFER 2: When the Property is developed, vehicular ingress and egress to the Property shall be frc the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side o the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planninc If relocated, the entrance will not have direct access to a median break. PROFFER 3: When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (10) building elevations designated "Fi Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have N exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors each home shall be primarily earth tone. Item #4 Five Mile Stretch Associates, L.L.C. Page 2 PROFFER 4: When the Property is developed, each one-story dwelling shall contain a minimum 1500 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 1900 square feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. PROFFER 5: When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. PROFFER 6: The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: Minimum lot area Minimum lot width Minimum front yard setback Minimum setback from public right-of-way (street) for a covered porch Minimum rear yard setback Minimum side yard setback Minimum side yard setback adjacent to a street Minimum setback for accessory structures from side or rear property line not adjacent to a street Maximum building height Maximum allowable lot coverage 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. PROFFER 7: When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000, which is under construction. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and Item #4 Five Mile Stretch Associates, L.L.C. Page 3 administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Christine Riley, Lisa Hartman, and Carl Neidhold appeared before the Commission in opposition. In Reply Refer To Our File No. DF -8702 TO: Mark D. Stiles FROM: B. Kay Wilso *LD CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: October 16, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Five Mile Stretch Associates, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 22, 2013. 1 have reviewed the subject proffer agreement, dated August 5, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen PREPARED BY: 53M SYK£S, BOURDON, MH A11£1IN & L£VY, R� . FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER AND BROWN K. SETZER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 5th day of August, 2013, by and between FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, party of the first part, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER AND BROWN K. SETZER, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 23.23 acres designated as Parcels One, Two, Three and Four in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels One, Two, Three and Four, along with the other pieces and parcels of land described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and GPIN: 1494-47-0310 (Parcel 1) 1494-46-1695 (Parcel 1) 1494-47-1877 (Parcel 2) 1494-46-4666 (Parcel 3) 1494-47-5502 (Parcel 4) 1494-47-5847 (Parcel 5) 1494-48-5388 (Parcel 6) 1494-47-9615 (Parcel 7) Prepared By & Return To: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #2216o 1 PREPARED BY: OM SYUS, R®UPDON, WE A1110 & LtVY, IT. WHEREAS, the party of the second part by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey, et al in Chancery No. CHor-io96, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 13.5 acres designated as Parcels Five, Six and Seven in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels Five, Six and Seven, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the owner and the contract purchaser of the assembled property containing approximately 37.12 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG -1 and AG -2 Agricultural District to Conditional PDH -2 District with an underlying R - 5D Residential 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 party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH -2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and PC PREPARED BY: b3 : SYLES. BOURDON, Oil A1IEPN & LLVY, P.C. 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 Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of not more than one hundred twelve (112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan"). 2. When the Property is developed, vehicular ingress and egress to the Property shall be from Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot be approved and developed due to the existing "gravel lane" within an existing easement located immediately adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If relocated, the entrance will not have direct access to a median break. 3. When the Property is developed, the homes will have the quality and architectural design substantially as depicted and described on the ten (1o) building elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement fiber), premium vinyl siding, wood, stucco, hardboard, and masonry. The colors on each home shall be primarily earth tone. 4. When the Property is developed, each one-story dwelling shall contain a minimum 1750 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 2150 square feet of enclosed living area, excluding 3 PREPARED BY: OM SYKES, BOURDO N, ME AFIERN & LtVY. iT. garage; and each dwelling shall have at least a one -car garage and two (2) off-street parking spaces. 5. When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions establishing a mandatory membership Property Owner's Association. The areas designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the Property Owner's Association which shall be responsible for their maintenance. 6. The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows: • Minimum lot area • Minimum lot width • Minimum front yard setback • Minimum setback from a public right of way (Street) for a covered porch • Minimum rear yard setback • Minimum side yard setback • Minimum side yard setback adjacent to a street • Minimum setback for accessory structures from side or rear property line not adjacent to a street • Maximum building height • Maximum allowable lot coverage • Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance. 5,000 square feet 50 feet 20 feet 12 feet 20 feet 5 feet 15 feet 5 feet 37 feet 45% 7. When the Property is developed, the party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road that will be in addition to the PREPARED BY: MM SYKES, BOURDON, Wil MEIN & LEVY, P.C. proposed landscaping to be completed as part of the Princess Anne Road Project -Phase IV, Capital Project 2.305.000, which is under construction. 8. Further conditions may be required by the Grantee during Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees 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; 5 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: OM SUES. R®URDON. Wig Al (ERN & LEVY, P.C. M WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virgini ited liability company gyp% (SEAL) McGinnis, anaging Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 6th day of August, 2013, by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: WO SYKES, BOURDON, 01 Al TERN & LWY, P.C. 7 WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer and Brown K. Setzer By; (SEAL) Ves'T. tromwell, h1ecial Commissioner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 6th day of August, 2013, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer and Brown K. Setzer, Grantor. 14 otary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: IBM SYKLS. BOURIDO N, 90 AIILRN & LEVY, IT. PREPARED BY: 0,M SUFS, BOURDON, dIN AIII RN & LEVY, P.C. EXHIBIT 'W' PROPERTY DESCRIPTION Parcel 1: ALL THAT certain tract, piece, or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of "the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "3o Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 3o Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof: (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of the property entitled Survey for Mrs. John T. Brown, 3o Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale 1"=1oo' — June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. GPIN: 1494-47-0310 1494-46-1695 Parcel 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to -wit: BEGINNING at a pin in the southwestern line of the Norfolk -Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21°44'20" W 54.48 feet to a point; thence along a center line of a ditch N 57053'W 345.32 feet on a pin; thence along the centerline of a ditch N 7024'3o" E 251.33 feet to a pin in the southwestern line of the Norfolk -Southern Railroad Right of Way; thence along said right of way S 36°15' E 473.95 feet to the point of beginning. GPIN: 1494-47-1877 C PREPARED BY: Q.: S)TES, BOURDON, Oil A]IERN & LLYK RC. Parcel 3: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Tract F 6.1 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 18lo in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-46-4666 Parcel 4: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "G1 2.o Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-5502 Parcels 5 & 6: ALL THAT certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and Tract "G-3 4.7 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-5847 (Parcel 5) 1494-48-5388 (Parcel 6) its] PREPARED BY: OM SYKES, BOU12DON, 001 Al MINT & LEVY. P.C. Parcel 7: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Tract D2 7.5 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. GPIN: 1494-47-9615 H:\AM\Conditional Rezoning\Five Mile Stretch\Proffer_Final 8-05-13.doc 11 L. UNFINISHED BUSINESS K. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP M. NEW BUSINESS N. 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 CITY COUNCIL/SCHOOL BOARD JOINT MEETING 1. FIVE-YEAR FORECAST 2.2015 EMPLOYEE HEALTH CARE TUESDAY, NOVEMBER 19, 2013 2:30 P.M. 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30A.M-5.-00P.M Monday, January 6th' and Tuesday, January 7 1h , 2014 2013 CITY HOLIDAYS ['eterans Dal, - .11onday, Noveinber I/ Tltanks,gr,,iving Da, and Day after Thanki�givinq Thursday, November 28 and Friday, N7oveinber 29 Christmas Eve (half -derv) - Tuesthv, December 24 Christmas Dery - ffednesda.r, December 25 CITY OF VIRGINL4 BEACH BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. STRATEGIC PLAN re Andrew Friedman, R Director, Housing O and Neighborhood S DATE: 10/08/2013 PAGE: 1 Preservation S- D Tim McCarthy, H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I Community A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M I O O S H R Y S S D S N N D I. BRIEFINGS A. STRATEGIC PLAN re Andrew Friedman, HOMELESSNESS Director, Housing and Neighborhood Preservation Tim McCarthy, Chairman, BEACH Community Partnership B. AQUARIUM — Agreement Lynn Clements, Amendment Director, Museums C. PAID LEAVE FOR CITY Regina Hilliard, EMPLOYEES Director, Human Resources C. ARREARS PAYROLL City Council Discussion H/III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI -E SESSION F. MINUTES September 24, 2013 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H. MAYOR'S PRESENTATIONS 1. NATIONAL COMMUNITY Jack Whitney, PLANNING MONTH — Proclamation Director, Planning 2. OCEANS 12 Recognizing: Ray Toll, Chairman Jim Ricketts, Director, Convention Bureau Sally Noona, Marketing and Sales Coordinator Lynn Clements, Director, Museums I. PUBLIC HEARING 1. Byrne Memorial Justice Grant No Speakers Allocation 2. Community Legislative Agenda 1 Speaker J/1. Resolutions AUTHORIZING 2013 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y issuance of $46,060,000 in Water/Sewer CONSENT Revenue Bonds 2. Ordinance to AUTHORIZE ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y AMENDMENT to Agreement with the Aquarium Foundation re "Aerial Adventure Attraction" CITY OF VIRGINL4 BEACH Ordinance to ESTABLISH "Thalia ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Station Revitalization and Conversion" CONSENT R O TRANSFER/APPROPRIATE $735,000 S DATE: 10/08/2013 PAGE: 2 DISTRICT 5 - LYNNHAVEN S- D 4 Ordinance to APPROPRIATE donated ADOPTED, BY 11-0 H S Y Y Y AGENDA Y E Y H Y A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I A T D N O M M S H L W 5 V E Y L N O O O R S O Y I P E E E S N M I O O S H R Y S S D S N N D 3 Ordinance to ESTABLISH "Thalia ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Station Revitalization and Conversion" CONSENT for an EMS station/ TRANSFER/APPROPRIATE $735,000 DISTRICT 5 - LYNNHAVEN 4 Ordinance to APPROPRIATE donated ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $600 to Fire Station No. 01- DISTRICT 5 CONSENT -LYNNHAVEN 5 Ordinance to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE Grant from CONSENT Edward Byrne Justice Assistance: a. $15,120 to the Sheriff b. $32,000 to the Police c. $62,117 to Parks/Recreation for Youth Opportunities K/1. STEPHEN L./LYNETTE M. APPROVED/ 10-1 Y Y Y Y N Y Y Y Y Y Y ROHRING, re Variance to Subdivision CONDITIONED, Regulations, §4.1 (m)(1) of the CZO r -o -w BY CONSENT for streets/Special Exception, under Form -Based Code, for a nonconforming structure at 423 20" Street - DISTRICT 6 —BEACH 2 BEACH MUNICIPAL FEDERAL APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y CREDIT UNION/SISTERS II, LLC PROFFERED, BY Conditional COZ from AG -2 to B-2 re full CONSENT service Credit Union at 2440 Princess Anne Road- DISTRICT 7 — PRINCESS ANNE 3 COMMONWEALTH APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIESAB APT LAND, L.C. for PROFFERED, BY a Conditional COZ from A-18 to CONSENT Conditional A-36 at 4585 Wicklow Place DISTRICT 3 — ROSE HALL 4 REED ENTERPRISES at Holland and APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Dam Neck Roads: DISTRICT 7 - PROFFERED/ CONDITIONED, PRINCESS ANNE BY CONSENT a. Conditional COZ from AG -2 to Conditional B-2 b. CUP: auto repair/bulk storage CITY OF VIRGINIA BEACH SANDPIPER, LLC/JERRY J. APPROVED AS 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y COLLIER Conditional COZ from B-2 to PROFFERED, BY R CONSENT O Drive - DISTRICT 4 — BAYSIDE S DATE: 10/08/2013 PAGE: 3 APPOINTMENTS S- D PARKS and RECREATION Appointed Unexpired + 3 Years 11-0 H S Y Y Y AGENDA Y E Y H Y A E W ITEM # SUBJECT MOTION VOTE D S E J M S U I Michael H. A T D N O M M S H L W V E Y L N O O O R S O I P E E E S N M I O O L— S I H I R I Y I S I S I D I S I N I N I D I I 5 SANDPIPER, LLC/JERRY J. APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y COLLIER Conditional COZ from B-2 to PROFFERED, BY Conditional H-1 at 4800/4802 Alicia CONSENT Drive - DISTRICT 4 — BAYSIDE L. APPOINTMENTS PARKS and RECREATION Appointed Unexpired + 3 Years 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION to 8/21/17 Michael H. Levinson N/O/P ADJOURNMENT 6:17 P.M. PUBLIC COMMENTS Five Speakers 6:17-6:34 P.M. CITY COUNCIL WORKSHOP CANCELLED November 5, 2013 2013 CITY HOLIDAYS Veterans Day - Monday, November 11 Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - Wednesday, December 25