OCTOBER 21, 2014 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WlLLlAMD. SESSOMS, JR., At-Large
VICE MAYOR LOU/S R. JONES, Bavside - Disti-ict 4
ROBERT M. DYER, Centeivil[e - Disti-ict 1
BARBARA M. HEM,EY, Princess Anne - Disti-ict 7
SHANNON DS KANE, Rose HaU - Disti-ict 3
BRAD MART/N, P.Li., At Lm•ge
JOHN D. MOSS. At Lnrge
AMELIA ROSS-HAMMOND, Kempsvi!le - Disti-ict 2
JOHN E. UHR/N, Beach - District 6
ROSEMARY WlLSON, At-Large
JAMES L. WOOD, Lvmihnveit -Dish•ict 5
CITY COUNCIL APPOINTEES
C/TY MANAGER JAMES K. SPORE
C/TYATTORNEY- MARKD. STILES
CLTY ASSESSOR - JERALD D. BANAGAN
ClTYAUD/TOR-LYNDONS. REMIAS •
ClTY CLERK - RUTN HODGES FRASER, MMC
CITY COUNCIL AGENDA
21 OCTOBER 2014
MAYOR WILLIAM D. SESSOMS, JR.
PRESIDING
CITYHAGL BUILDING'
2401 COURTHOUSE DRIVE
VlRGINIA BEACH, VIRGINlA 13456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1. CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING -Building 19- 3:30 PM
A. SCHOOL CONSTRUCTION PROGRAM
Anthony Arnold, Director of Facilities,
Planning and Construction, Schools
II. CITY COUNCIL COMMENTS -Conference Room- 4:00 PM
IIL CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Kamil Cak
Chaplain and Director of Bioethics
Children's Hospital of the Kings Daughters
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
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATIONS
1. RESOLUTION: ADMIRAL WILLIAM "BILL" E. GORTNEY DAY
1. PUBLIC HEARINGS
October 7, 2014
1. AMENDMENT TO THE FY 2014-15 CAPITAL BUDGET
a. Roadway Projects and the City's Applications for the VDOT Transportation
Alternatives Program
2. SALE OF EXCESS CITY-OWNED PROPERTY
a. 5161 Princess Anne Road
3. FRANCHISE OF CITY-OWNED PROPERTY
a. "15t" Street Pier"
4. LICENSE OF CITY-OWNED PROPERTY
a. 4535 Commerce Street (Town Center - Block 7)
5. PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP
a. 4369 and 4384 Charity Neck Road
J. ORDINANCES/RESOLUTIONS
1. Resolution to SUPPORT the City's 2015 LEGISLATIVE AGENDA with City Council's
Goals and Objectives
2. Resolution to REQUEST the General Assembly fund the construction of a Veterans Care
Center
3. Ordinance to DECLARE City-owned property as EXCESS and AUTHORIZE the City
Manager to SELL same - 5161 Princess Anne Road
DISTRICT 2 - KEMPSVILLE
4. Ordinance to AWARD a License for a portion of City-owned property at 4535 Commerce Street
re communications and information needs
5. Ordinance to GRANT a Franchise to Entertainment, Inc. for property at the Oceanfront and 15t'
Street re operation of the Fishing Pier
6. Resolution to AUTHORIZE the establishment of Cardinal Ambulance Service, Inc. with an
annual EMS Permit re private ambulance Services
7. Ordinance to AUTHORIZE, ACCEPT and DEDICATE an easement located at 4017 and 4025
Wheelgate Lane re drainage improvements at Saw Pen Point
Ordinances to AUTHORIZE and EXECUTE:
a. A Cost Participation Agreement with Green Hill by the Bay Condominium Owners
Association re private sewer conversion to the City's system
b. A Feasibility Cost Sharing Agreement with the Army Corps of Engineers re a study of
Lynnhaven Inlet Jetties
9. Ordinances to AUTHORIZE the acquisition of two (2) Agricultural Land Preservation (ARP)
easements at Charity Neck Road, owned by the Betty Whitehurst Trust
DISTRICT 7 - PRINCESS ANNE
10. Ordinance to AUTHORIZE temporary encroachments into City-owned property to Michael
and Lynda Tubridy re maintain an existing walk, construct and maintain a fence and
landscaping at 205 Aqua Lane (Staff recommends: DENIAL)
DISTRICT 6 - BEACH
11. Resolutions to SUPPORT FY 2015-16 Virginia Department of Transportation (VDOT):
a. Transportation Alternatives
b. Revenue Sharing
12. Ordinances to ACCEPT and APPROPRIATE:
a. $10,000,000 - VDOT Revenue Sharing Program
1. 7,000,000 - First Colonial Road/Virginia Beach Boulevard
2. 3,000,000 - Rosemont Road - Phase V Project
b. $ 1,361,925 - VDOT to TAP for Traffic Safety
1. $455,668 - Buckner Boulevard Shared-Use Path
2. $331,969 - Greenwell Road Sidewalk
3. $120,957 - Kendall Street Sidewalk
4$453,331 - Shore Drive Bike Facilities
c. $1,040,292 Tourism Advertising Program Special Revenue Fund re advertising and
marketing
d. $ 850,000 State Funds to ESTABLISH the Assertive Community Treatment Team and
add positions in the Department of Human Services
e. $ 26,250 - U.S. Department of Homeland Security (DHS) 2014 Port Security Grant re
Towfish sonar device for the Fire Marine Division
f. $ 23,000 - U.S. Department of Homeland Security (DHS) Federal Management
Agency re dry suits for the Police Marine Patrol
K. PLANNING
1. Application of JACKIE S. BLOXOM for a Variance to Sections 4.4(b and 4.4(d of the
Subdivision Regulations re access to a public street at 2948 Shirley Lane
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
2. Applications for an Enlargement of Non-Conforming Uses:
a. S& W SIMPSON, LLC - 1608 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
b. C and C DEVELOPMENT- 400 58`" Street
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION APPROVAL
3. Application of DEBBIE BRIGHT for a Conditional Use Permit re commercial kennel at 5513
Buzzard Neck Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. An Ordinance to AMEND Section 216 of the City Zoning Ordinance (CZO) conforming City
Code references to the Virginia State Code
RECOMMENDATION
APPROVAL
5. Applications of the CITY OF VIRGINIA BEACH:
a. Conditional Change of Zoning from R-10 and unspecified to Conditional AG-1
Agricultural re Lynnhaven Aquaculture Center (oyster seeding) at Broad Bay Road
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION
APPROVAL
b. Conditional Use Permit re a drive-through Drugstore at Princess Anne and South
Witchduck Roads (deferred from March 25, 2014 and April 22, 2014)
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
L. APPOINTMENTS
APPROVAL
TASKFORCE TO STUDY THE ELDERLY and DISABLED REAL ESTATE TAX RELIEF
M UNFINISHED BUSINESS
N. NEW BUSINESS
0. 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
*?*****??*?****??******??*??***
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NQVEIIBER CQUNCII. MEETIlVG SCHEDULE
NOVEMBER 4TH - RESCHEDULED
TO NOVEMBER 25TH
NOVEMBER 11TH - CANCELLED
:..e..o.e.e..Q.....,.k.,..e.....Qa..a- ...oo..e.o.....s....0e...ee.e..m..ea.,
VML REGIONAL DINNER
November 6, 2014
Cost - $35.00
Reception 6: 00 PM
Dinner 6:30 PM
Program 7: 00 PM
4525 Main Street
Suite 700
Town Center
CITY COUNCIL
COMMUNITY CONVERSA TION
CONVENTION CENTER MEETING ROOMS
2nd FLOOR
6:30-8:OOPM
MONDAY, NOVEMBER 24, 2014
CITY COUNCIL WINTER RETREAT
Economic Development Conference Room
Town CenteY
Suite 700, 4525 Main Street
February 5-6, 2015
8:30 AM to 5: 00 PM
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE l, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZENDIALOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM
2014 CITYHOLIDAYS
Vetercrrts Da,}, _ Tceesrlur, NovemheY 11
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77ardxsdt?y,YN"ovember 27 arzrf Fr•pdcq, November 28
E`lrristmas F`ve {hcrlf-drrj) - Tf'ednoclfer, Deceprabei- 24
Cfcristmcrs l}rry - F`hur•brfery,1)eeetaaher 25
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 21, 2014
Mayor William D. Sessoms, Jr., called to order the JOINT CITY COUNCIL/SCHOOL BOARD
BRIEFING, in Building 19, Tuesday, October 21, 2014, at 3: 30 P.M.
Council Members Present:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and .Iames L. Wood
Council Members Absent.•
None
School Board Members Present:
Beverly M. Anderson, Vice Chairman William J. Brunke, IV, Emma
L. "Em " Davis, Chairman Daniel D. Edwards, Dorothy M. Holtz,
Joel A. McDonald, Bobby Melatti, Sam Reid, Elizabeth E. Taylor
and Leonard C. Tengco
School Board Members Absent:
Carolyn D. Weems
October 21, 2014
-z-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
3:30 P.M.
Mayor Sessoms welcomed Tony Arnold, Director of Facilities, Planning and ConstYUCtion- VBCPS. Mr.
Arnold expressed his appreciation to City Council and School Board Members for their continued
support of the Modernization Committee.
Below are the Modernization Committee Members:
October 21, 2014
-3-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
VBCPS has over 68, 000 students with 92 schools.•
Linkhorn Puk ES i955
.. ? 1998
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.... ?965
.. zooq .
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.
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? Pem6roke:Meadows ES i969
? 2oo6
Ba}tide ES iW zooo Sclrool PIanU$upply i937 zooy
: Cxeeds? ES ? ..:. 1939
...? YJ'mdsoi Woods ES
.... ?.: ?. i966
. zoog ..
$helton Pdrk ES ?954 zool Hraokwood ES 1968 2007
Thalia b5: ?. ?
. ..; I ?956
.
...
. . Newtowrt ES ?:
. .. i97o
... ?? mo8 ..
6uxford ES ?96i zooz Windsor Oaks ES ?970 . zooq
Kemps Mdws ES ??. ?+959
? aooz . Rmaissance Academy ?. i96o zmo .
Woodstock ES 1957 zooz Y'ginia 8each MS ?952 zoio
KemMiUe E$ i96i. zoo; Pupil'IYansparSatioa . ??.. ?936 ? wn .
Malibu ES 1962 zoo; Cdlege Park E.S ?973 2011
}kmbrokt ES i96a . aooq Gteat Netk MS iq&, .. 2012
Lynnhaven ES ?963 zooq Kellam High $chuol ?962 2014
Trantwood ES 196; ? ? . aooq .. .
October 21, 2014
-4-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTR UCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below are the current projects under design and/or under construction:
'Const Construction
CIP #
Start School Complete
Kemps Landing/Old Donation
1-233 2°14 School 201?
John B. Dey Elementary School
i-o35 , zoi7 Mc?dernization 2O?9
Total a Facilities/3 Schools -$87 Million
Kellam High School was a$102-Million project that was complete three (3) months ahead of schedule.
The Football Stadium and Field were finished nine (9) months ahead of schedule. This is the School's 8`"
LEED Certified building and is a great place foY 21S` Century teaching and learning.
October 21, 2014
-5-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
With the opening of Kellam High School, it provided "swing" space. Princess Anne Middle School
moved to "old " Kellam in April 2014; and, in turn, Kemps Landing/Old Donation moved to "old "
Princess Anne Middle School this Fall. Princess Anne Middle School is not currently funded in the CIP
and, therefore, "old " Princess Anne Middle School will be vacant in 2017:
Princess Anne Middle Old Kellam High Srhool -
April aoiy
Holland Rd
Kemps Landing/Old Old Princess Anne Middle Fall zoiq
Donation School - Seaboard Rd
Kemps Landing/Old New Kemps Landing/Old ' Fall zoi7*
Donation DonaUon
Thoroughgood Elementary Old Aragona Summer 2oi8
Thoroughgood Elementary NewThoroughgood Falt aozo
Elementary ,
Princess Anne Middle New Princess Anne Middle Unknown"
VBCPS is recognized as the "Best Green School District" nationwide. Kemps Landing will be the 9`''
LEED project:
October 21, 2014
-6-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below is the Historical/Projected Funding over the past ten (10) years. Seven or eight years ago, the
Capital Funding was approximately $60-Million; however, the funding has been reduced to just a little
over $30-Million:
Below is the current funding source for the CIP:
CI1drLEf BOI1d5 $ 32,300,000 $ 32,300,000 $ 32,300,000 $ 32,300,000.$ 32,300,000 $ 32,300,00
Sandbridge $ 1,591,000 $ 2,591,000 $ 2,591,000 $ 3,591,000 $ 3,591,000 $ 3,591,00
Public Facility Revenue $ - $ - $ - $ - 5 $
-
Bonds
PayGo $ - $ 1,000,000 $ 1,000,000 $ 1,500,000 5 2,000,000 $ 2,000,00
Interest/Sale of Property $ 675,000 $ - $ - $ - $ -' $ -
Unencumbered Funds/ $ - $ - $ - $ - $ - $
-
Completed Projects
- 5 - S -
State Construction Grants $ - 5 - S - $
-
Lottery Funds $ - $ - $ 5 - $ - $
TOtal . $34,566,000 $35,897,000$35,891,000$37,391,000..$37,891,000 $37,891,00
October 21, 2014
-7-
.IOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below is a comparison of the CIP from 2007 and the current 2015:
2005-06 $5A $0.0 0%
2006-07 $14.7 $2.9 20%
2007-08 $33.1 ' $1.8 ' S%
2008-09 $14.9 $0.0 0%
2009-10 $14.9 $0.6 - 4%
2010-11 $11.5 $0.0 0%
2011-12 $15.9 $0.0 0%
2012-13 $18.8 $0.0 0%
Totals $129.2 $5.3 4.1%
October 21, 2014
-8-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Princess Anne Middle School and Princess Anne High School are both projects that are outside the Six
(6) Year window:
Below are the projects that were completed over the past two (2) Summers:
October 21, 2014
-9-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below is the Long Rang Facilities Master Plan for VBCPS:
October 21, 2014
-10-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
In 2020, fourteen (14) of the Elementary Schools will be forty (40) years old or older. Interestingly,
Elementary school buildings are much less expensive than secondary education buildings:
October 21, 2014
-11-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below are the boundaries for the Middle Schools. In 2020, seven (7) of the thirteen (13) schools will be
forty (40) years old or older:
Also, in 2020, five (5) of the eleven (I1) High Schools will be forry (40) years old oY older with four (4)
averaging fifty (50) years:
October 21, 2014
-12-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
The Committee was asked to provide CIP options. Below is the $SD-Million per year option. This option
moves the completion of Princess Anne Middle School to 2020, Princess Anne High School to 2024 and
B.F. Williams Elementary to 2024:
The second option, $60-Million per year advances the completion of Princess Anne High School up two
(2) years, B. F. Williams Elementary School up one (1) year and provides funds for the design of
Kempsville High School.•
October 21, 2014
-13-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
The third option is $80-Million per year. This option would advance the completion of each project by at
least one (1) year. This option would provide funding to replace/modernize seven (7) schools in four (4)
years versus four (4) schools in seven (7) years:
October 21, 2014
-14-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below are additional Revenue options and ideas for the Ciry Council to consider:
VBCPS takes great pride that the school buildings are more than just schools. When schools are built,
they become the center of a community and, as such, become a community asset. Below are a few
exumples ofjoint uses:
October 21, 2014
-15-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATIDN
COMMITTEE UPDATE
ITEM #64224
(Continued)
Below is the street view of the curYent Princess Anne High School:
Below is the Committee 's Vision for a new Princess Anne High School:
October 21, 2014
-16-
JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING
SCHOOL CONSTRUCTION/MODERNIZATION
COMMITTEE UPDATE
ITEM #64224
(Continued)
Mayor Sessoms expressed his appreciation to Mr. Arnold and the entire Committee for their continued
work.
October 21, 2014
-17-
,fj1?"
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L-r? 04'N NASA?.,6
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 21, 2014
Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session in the City Council
Coizference Room, Tuesday, October 21, 2014, at 4:25 P.M.
Council Members Present:
Robert M. Dyer, Barbara M.
Shannon DS Kane, Brad MG
Hammond, Mayor William D.
Wilson and James L. Wood
Henley, Vice Mayor Louis R. Jones,
rtin, John D. Moss, Amelia N. Ross-
Sessoms, Jr., John E. Uhrin, Rosemary
Council Members Absent.•
None
October 21, 2014
-18-
CITY COUNCIL COMMENTS
ITEM #64225
4:25P.M.
Councilman Moss requested after the Five Year Forecast is pYesented, City Council discuss the need for
tuition Yeimbursement.
October 21, 2014
-19-
CITY COUNCIL COMMENTS
ITEM #64226
Councilman Moss suggested establishing a group of Citizens and City Employees to evaluate and
prioritize citizen suggestions/requests for small project proposals that could be funded with internal funds
not currently dedicated for City purposes. Mr. Moss feels this process would drive innovation and
promote citizen involvement.
October 21, 2014
-20-
CITY COIINCIL COMMENTS
ITEM #64227
Council Lady Henley advised she attended the Forum on Sea Level Rise hosted by Virginia Coastal
Coalition. With the City of Norfolk being awarded a Grant through Rockefeller Philanthropy Advisors,
Inc., much of the information was focused on their City; however, this is an issue we are going to have to
address on a Regional level. Council Lady Henley requested maps be displayed at the Comprehensive
Plan Open Houses to allow Citizens to see exactly where See Level Rise is expected to impact. She also
suggested the City's Planning begin focusing on the fact that certain areas are more prone to flood than
others and consider the impact on insurance.
Mayor Sessoms believes the City is in a position to be a leader in this area. He expressed concerns about
properties. He feels there have been extensive studies conducted and he commended Old Dominion
University for the great job done thus far. Mayor Sessoms suggested the Ciry take the studies and begin
taking action. This will be establishing partnerships with non profzt organizations and educational
institutions. He recommended this begin at the Planning District and work together to move the City
forward.
Council Lady Henley advised the Forum was focused on businesses. Approximately seventy (70) business
owners attended. They each expressed concern regarding attracting companies to move their businesses
with the threat of Sea Level Rise. Council Lady Henley agrees the City should begin taking action to be
better prepared, and in turn, can reassure businesses for future economic investment.
Councilinan Moss agrees the City should take the studies and start taking action. He recommended the
City consult the people who charge the premiums for underwriting the risks and then communicate to
residents what can be done to receive the biggest premium reductions.
Ciry Manager Spore advised one of the main focuses in updating the Comprehensive Plan is Sea Level
Rise.
October 21, 2014
-z1-
CITY COUNCIL COMMENTS
ITEM #64228
Councilman Dyer advised last Saturday he and Council Lady Kane attended the 14"' Annual Harvest Fair
at the Farmer's Market, along with about 2,000 Citizens. The Farmer's Market is a great asset to the
City and commends everyone involved for a job well done.
October 21, 2014
-22-
CITY COUNCIL COMMENTS
ITEM #64229
Council Lady Wilson requested Mayor Sessoms forward a letter to the Governor requesting additional
Stormwater Local Assistance funding in the State's Budget:
October 21, 2014
-23-
CITY COUNCIL COMMENTS
ITEM #64230
Council Lady Wilson advised she attended the Development Authority's meeting and is pleased to report
the City, this month alone, added 400 new jobs.
Mayor Sessoms advised over the past 60-90 days, he has attended more Ribbon Cutting/Opening
Ceremonies than ever before. This has been for opening of new business and expansion of current
businesses. The Navy Exchange is expanding and will be adding 150 new jobs.
October 21, 2014
-24-
CITY COUNCIL COMMENTS
ITEM #64231
Council Lady Ross-Hammond advised she and Robert Matthias accepted, on behalf of the City, the
VML 's "Going Green " Platinum Award.
October 21, 2014
-25-
CITY COUNCIL COMMENTS
ITEM #64232
Council Lady Wilson advised VML is hosting a"Regional Supper" in the City on November 6`* and
encouraged City Council Members to attend.
October 21, 2014
-26-
CITY COUNCIL COMMENTS
ITEM #64233
Council Lady Ross-Hammond advised she attended the recent African American Roundtable, with over
40 individuals in attendance. The group formed a Community Advisory Board and held their first
meeting on October 13"', where she was elected ChairpeYSOn. She is hoping the City Manager can attend
the next meeting and provide an overview of the City's Vision and projects.
October 21, 2014
-27-
CITY COUNCIL COMMENTS
ITEM #64234
Council Lady Ross-Hammond advised she had a request from Ebenezer Baptist Church for a sidewalk
from the parking lot and expressed appreciation to Vice Mayor Jones and Phil Davenport for their work
on this project.
October 21, 2014
-zs-
CITY COIINCIL COMMENTS
ITEM #64235
Council Lady Kane advised the Minority Business Council's Conference and Expo will he be held on
November 6`h at the Convention Center.
October 21, 2014
-29-
AGENDA REVIEW SESSION
4:35 P.M.
ITEM #64236
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOL UTIONS
Resolution to SUPPORT the City's 2015 LEGISLATIVE AGENDA with City Council 's
Goals and Objectives
2. Resolution to REQUEST the General Assembly fund the construction of a Veterans Care
Center
3. Ordinance to DECLARE City-owned property as EXCESS and AUTHORIZE the City
Manager to SELL same - 5161 Princess Anne Road DISTRICT 2- KEMPSVILLE
4. Ordinance to AWARD a License for a portion of City-owned property at 4535
Commerce Street re communications and information needs
5. Ordinance to GRANT a FYanchise to Entertainment, Inc. for property at the Oceanfront
and 1 S"' Street re operation of the Fishing Pier
6 Resolution to AUTHORIZE the establishment of Cardinal Ambulance Service, Inc. with
an annual EMS Permit re private ambulance Ser-vices
Ordinance to AUTHORIZE, ACCEPT and DEDICATE an easement located at 4017
and 4025 Wheelgate Lane re drainage improvements at Saw Pen Point
8. Ordinances to AUTHORIZE and EXECUTE:
a. A Cost Participation Agreement with Green Hill by the Bay Condominium
Owners Association re private sewer conversion to the City's system
b. A Feasibility Cost Sharing Agreement with the Army Corps of Engineers re a
study of Lynnhaven Inlet Jetties
9. Ordinances to AUTHORIZE the acquisition of two (2) Agricultural Land Preservation
(ARP) easements at Charity Neck Road, owned by the Betty Whitehurst Trust DISTRICT
7 - PRINCESS ANNE
10. Ordinance to AUTHORIZE temporary encroachments into City-owned property to
Michael and Lynda Tubridy re maintaining an existing walk, construct and maintain a
fence and landscaping at 205 Aqua Lane (Staff recommends: DENIAL) DISTRICT 6-
BEACH
11. Resolutions to SUPPORT FY 2015-16 Virginia Department of Transportation (VDOT):
a. Transportation Alternatives
b. Revenue Sharing
12. Ordinances to ACCEPT and APPROPRIATE:
a. $10,000,000 - VDOTRevenue SharingProgram
1. 7, 000, 000 - First Colonial Road/Virginia Beach Boulevard
2. 3, 000, 000 - Rosemont Road - Phase V Project
October 21, 2014
-30-
AGENDA REVIEW SESSION
ITEM #64236(Continued)
b. $1,361, 925 - VDOT to TAP for Traffic Safety
1. $455, 668 - Buckner Boulevard Shared-Use Path
2. $331,969 - Greenwell Road Sidewalk
3. $120, 957 - Kendall Street Sidewalk
4$453, 331 - Shore Drive Bike Facilities
$1,040,292 Tourism Advertising Program Special Revenue Fund re advertising
and marketing
d. $ 850,000 State Funds to ESTABLISH the Assertive Community Treatment
Team and add positions in the Department of Human Services
e. $ 26,250 - U.S. Department of Homeland Security (DHS) 2014 Port Security
Grant re Towfish sonar device for the Fire Marine Division
f. $ 23,000 - U.S. Department of Homeland Security (DHS) Federal
Management Agency re dry suits for the Police Marine Patrol
ITEM #1 WILL BE CONSIDERED SEPARATELY
COUNCILMANMOSS WILL VOTE VERBAL NAYONITEM#9
ITEM #1 D WILL BE CONSIDERED FOR APPROVAL
VICE MAYOR JONES WILL ABSTAIN ON ITEM #11 a/b
COUNCILMAN WOOD WILL ABSTAIN ONITEM #12c
October 21, 2014
-31-
AGENDA REVIEW SESSION
ITEM #64236(Continued)
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K. PLANNING
Application of JACKIE S. BLOXOMfor a Variance to Sections 4.4(b) and 4.4(d) of the
Subdivision Regulations re access to a public street at 2948 Shirley Lane DISTRICT 7-
PRINCESS ANNE
2. Applications for an Enlargement of Non-Conforming Uses:
a. S& W SIMPSON, LLC - 1608 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
b. C and C DEVELOPMENT- 400 5e Street
DISTRICT S - LYNNHAVEN
3. Application of DEBBIE BRIGHT for a Conditional Use Permit re commercial kennel at
5513 Buzzard Neck Road DISTRICT 7- PRINCESS ANNE
4. An Ordinance to AMEND Section 216 of the City Zoning Ordinance (CZO) conforming
City Code references to the Virginia State Code
Applications of the CITY OF VIRGINIA BEACH:
a. Conditional ChanQe ofZoninQfrom R-10 and unspecified to Conditional AG-1
Agricultural re Lynnhaven Aquaculture Center (oyster seeding) at Broad Bay
Road DISTRICT 5 - LYNNHAVEN
b. Conditional Use Permit re a drive-through Drugstore at Princess Anne and
South Witchduck Roads (deferred from March 25, 2014 and April 22, 2014)
DISTRICT 2 - KEMPSVILLE
ITEM #Sa WILL BE CONSIDERED SEPARATELY
October 21, 2014
-32-
ITEM#64237
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3 711 (A) (3).
Beach District
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope
of such contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body
pursuant to Section 2.2-3 711 (A)(30)
Town Center - Phase VI
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff inembers or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3 711 (A) (7).
City of Virginia Beach v. Munden & Associates, L.P.
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officef-s, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
October 21, 2014
-33-
ITEM#64237
(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 4: SO P.M.
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, BarbaYa M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
(Closed Session 4: SO P.M. - S: 50 P.M.)
October 21, 2014
-34-
FORMAL SESSION
VIRGINIA BEACH CITY CO UNCIL
October 21, 2014
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, October 21, 2014, at 6: 00 P.M.
Council Members Present:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Kamil Cak
Chaplain and Director of Bioethics
Children's Hospital of the King's Daughters
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
tratzsactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the `Act ), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal
interest ", as defrned by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
October 21, 2014
-35-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of DiYectors of Resource Bank.
Three (3) years ago, Fulton Financial CoYporation ("Fulton Firrancial ) purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of Ciry Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Coisncil Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne
Realty ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and
the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensitre her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of August 13, 2013, is hereby rnade a part of the record.
October 21, 2014
-36-
Itent -V-E
CERTIFICATION
ITEM #64238
Upon motion by Councilman Dyer, seconded by Councilman UhYin, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad. Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
R E S 0 L U T 10 N
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #64237 Page 33, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
?
th Hodges Fraser, MMC
City Clerk
October 21, 2014
-37-
Item -V-F.1
MINUTES
ITEM #64239
Upon motion by Councilman Dyer, seconded by Councilman Martin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of October 7, 2014.
Yoting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hamrnond, Mayor William D. Sessoms, Jr., John E. Uhrin and James
L. Wood
Council Members Absent:
None
Council Members Abstaining:
Rosemary Wilson
October 21, 2014
-38-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #64240
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 21, 2014
-39-
Iteni -V-H.l
MAYOR'S PRESENTATION ITEM #64241
RESOLUTION: ADMIRAL WILLIAM `BILL"E. GORNEYDAY
Mayor Sessoms introduced and welcomed Admiral Gortney and presented him with a Resolution
recognizing him as a patriot, a statesman, a warrior, a strategic thinker, and a leader in the finest
tradition of the military ser-vices of the United States of America and to thank him foY the tremendous
contribution he has made to ensure Virginia Beach is the "best City in the world" in which to live, work
and play and that all citizens recognize Admiral Gortney's exemplary military service with October 21,
2014, being commemorated in Virginia Beach as ADMIRAL WILLIAM `BILL"E. GORTNEYDAY.
Admiral Gortney expressed his sincere appreciation to the Mayor, Members of City Council and the City
as a whole. Admiral Gormey advised he considers Virginia Beach his "home " and thanked the Citizens
for making Virginia Beach such a wonderful place to live.
October 21, 2014
RIL;??LUTION
T177ERE.-1S: Admiral Yb'illiam "Bill " Gortney graduated from Elon College in 1977 and entered the Navy as an
.4viation Offcer candiclate earning his Wings of Gold in December 1978;
I[73EREAS: Admiral Gortney served in the U. S. Central Command area of operations sarpparting Maritime
Sc:curih• and Combnt Operations for "Operations Enduring Freedom" and "Iraqi Freedom". This iricluded
n:ultiple ships and aircraft;
lf'hiEREAS: Admiral Gortney's fleet assignments include deployments on the USS Nimitz, USS Theodore
Roosevzlt, L'SS Forrestal and USS Dwight D. Eisenhower. He also served overseas as Depury for Current
Operations, Joint Task Force Southwest Asia, and multiple other international assignments. He has jlown over
5,360 mishap free flight hours, prirnarily in the A-7E Corsair II and FA-18 Hornet. He is one of the rare members
of the "Thousand Trap Club, " having successfiilly completed 1,265 carrier-arrested landings;
6i77EREAS: In nddition to his shore assignments as Aide and Flag Lieutenant to the Assistant Chief of Navnl
Operations, he is a 1996 grnrlunte of the Naval War College, earning a Master of Arts in National Security and
Strategic Studies;
WFIERE.4S: His mvnr•ds include the Defeisse Distinguished Service Medal, Navy Distinguished Service Medal,
Defense Superior Service Medal, Legion ofMerit (four awards), Bronze Star, Defense Meritorious Seivice Medal
(two ativards), Nleritorious Service Medal (three awards), Air Medal (three awards: Gold Numeral One, two
Sb-ike/Flight), Joint Service Commendation Medal (three awards), Navy and Marine Corps Commendation Medal,
Nazy and lVlnrine Corps Achievement Medal, Sea Service Ribbon (eight awards), ancl the Overseas Service Ribbon
(nvo awards);
1G77F.RE.AS: Admiral Gortney is completing his assignment as Commander, U.S. Fleet Forces Command, whose
mission is to tr-ain, certify and provide combat-ready Navy forces to Combatant Commanders that are capable of
conrlucting prompt, sustained naval, joint and eombined operations in support of U.S. national interests;
{i'HEREAS: Admiral Gortney has been a great Friend ofthe Hampton Roads region during his tenure ns Fleet
Forces Commander and performed in the best traditions of the Navy in working with the communities of Hampton
Ronds, especially the Ciry of Virginia Beach, the home of the Navy's Master Jet Base for the East Coast and Joint
Bnse Little Creek/Fort Story; and
9HERE,4S: Admiral Gortney has been nominated by President Barack Obama to lead the U. S. Northern
Connnand and North American Aerospace Defense Command, headquartered at Peterson Air Force Base,
Colorndo, whidi conducts homeland defense, civil support, and sectiriry cooperation to defend and secure the
United States and its interests, including the oper-ations of NOR.4D,
iVOiV, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to
r•ecogni=e Admiral Gortney as a patriot, a statesman, a warrior, a strategic thinker, and a leader in the finest
tradition of the militmy services of the United States of America and to thank him for the tremendous conh•ibution
he hns made to ensure Virginia Beach is the °best City in the world" in which to live, work and play and that all
citizens recognize Admiral Gortney's e,cemplary military service with Oetober 21, 2014, being commemorated in
Y'irginia Beacl: as:
ADMIRAL WILLIAM `BILL"E. GORTNEYDAY
Given under ozn- hnnds this Twenry-first day of October, Two Thousand Fourteen.
_R .M 'Bob' Dyer C unci arly? ar?
Brad_%?(artip ncifinnn5o nD.
7okn E ZIlrin Counci! Ro
Nice SYfayor Louis R ones _: S?? -
enI CouncilLady Skannon Xane
r
?ss Cou ' Lady Dr. Amelia N Ross-7fammand
?
7Nilson Co ya L. `YL'ood
titayor7Ni!!ia'm'rJ. "YL'i!!'Sessoms
-40-
Item -V-I.Ia
PUBLIC HEARINGS ITEM #64242
Mayor Sessoms DECLARED A PUBLIC HEARING:
AMENDMENT TO THE FY2014-1 S CAPITAL BUDGET
a. Roadway projects and the City's Application for the VDOT
Transportation Alternatives Program
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 21, 2014
-41-
Item -V-I.2a
PUBLIC HEARINGS ITEM #64243
Mayor Sessoms DECLARED A PUBLIC HEARING:
SALE OF EXCESS CITY-OWNED PROPERTY
a. 5161 Princess Anne Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 21, 2014
-42-
Item -V-I.3a
PUBLIC HEARINGS ITEM #64244
Mayor Sessoms DECLARED A PUBLIC HEARING:
FRANCHISE OF CITY-OWNED PROPERTY
a. "15"' StreetPier"
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 21, 2014
-43-
Itenz -V-I.4a
PUBLIC HEARINGS ITEM #64245
Mayor Sessoms DECLARED A PUBLIC HEARING:
LICENSE OF CITY-OWNED PROPERTY
a. 4535 Commerce Street (Town Center - Block 7)
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 21, 2014
-44-
Iteni -V-I.Sa
PUBLIC HEARINGS ITEM #64246
Mayor Sessoms DECLARED A PUBLIC HEARING:
PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP
a. 4369 and 4384 Charity Neck Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 21, 2014
-45-
Item -V-J
ORDINANCES/RESOL UTIONS
ITEM #64247
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, IN ONE MOTION, Items 2, 3, 4, S, 6, 7, 8a/b, 9(MOSS VERBAL NAY), 10, lla/b(JONES
ABSTAIN) and 12a/b1c(WOOD ABSTAIN)/d/e/f of the CONSENT AGENDA.
Poting.• 11-0
Council Members TTOting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
ITEM #1 WILL BE CONSIDERED SEPARATELY
October 21, 2014
-46-
Item -V-J.1
ORDINANCES/RESOL UTIONS
ITEM #64248
The following individuals registered to speak:
Reid Greenmun, 2405 Cliff Cuter Drive, Phone: 426-5589, spoke in SUPPORT of Item # 22 (Citizen
Comment at Hampton Roads Transportation Accountability Commission Meetings). Mr. Greenmun
stressed the importance of allowing citizens to comment on the future of transportation.
Mark Swingle, 2130 Bayberry Street, Phone: 496-7560, spoke in SUPPORT of Item #23 (Ban the Release
of Balloons). Mr. Swingle advised he is the Director of Research and Conservation with the Virginia
Aquarium and has worked for the City for thirty-three (33) years, twenty-seven (27) with stranded
animals. Mr. Swingle also manages the Marine Debris Plan and Cleanup. Mr. Swingle stated balloons
tYavel long distances and easily make it into the marine environment. Balloons mimic food of marine
animals and he has seen wheYe they have caused the death of many animals. He has been working with
the State on developing a Marine Debris Reduction Plan and this puts the City as the Leader in this
effort.
John Greene, 3241 Gallahad Drive, Phone: 426-6074, spoke in OPPOSITION to Item #11 (Requiring
the Reporting of Lost or Stolen Firearms). Mr. Greene does not agree with this and feels it is just a way
for the government to monitor who owns firearms.
Christina Trapani, 1329 Goose Landing, Phone: 613-5683, spoke in SUPPORT of Item #23 (Ban the
Release of Balloons). Ms. Trapani expressed her appreciation to the City for amending the item to "zero
(0) balloons ". She advised a latex balloon will burst once it reaches a certain altitude and can very
easily end up in the ocean. Ms. Trapani advised she has been studying balloon liter in the City and
Barrier Islands of the Eastern Shore for over ten (10) years and has documented hundreds of thousands
of balloons from all over the area. The City has an opportunity to serve as a Model and Leader in this
effort.
Diana HowaYd, 1057 Debaca Court, Phone: 721-5128, spoke in OPPOSITION to Item #9 (Hampton
Roads Transportation Accountability Commission ((HRTAC)) Voting. Ms. Howard does not feel it is
appropriate to allow an "alternate " vote on issues when one may not be aware of all of the facts. Ms.
Howard is also OPPOSED to Item #11 (Requiring the Reporting of Lost or Stolen Firearms). She also
spoke in SUPPORT of Item # 22 (Citizen Comment at Hampton Roads Transportation Accountability
Commission Meetings), stating the taxpayers fund transportation and have a right to comment on the
funding and construction for future transportation.
Charles Tudor, 2420 Litchfield Way, spoke in OPPOSITION to Item #11 (Requiring the Reporting of Lost
or Stolen Firearms. Mr. Tudor advised the Tidewater Libertarians Party adamantly opposes this item.
Mr. Tudor suggested delete this effort and replace it with a public service infoYming Citizens this would
be the only way a stolen firearm could be returned to the owner.
Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION to Item #4 (Medicaid
Expansion Position), stating the State's Budget gap continues to grow due to this expansion. Mr. Frost
spoke in SUPPORT of Item #I1 (Requiring the Reporting of Lost or Stolen Firearms). He owns several
guns and feels he has a responsibility to report lost or stolen firearms. When law enforcement recovers a
firearm and not able to locate the owner, then the firearm must be destroyed. This will save law
enfoYCement time in unnecessarily trying to identify the owner.
October 21, 2014
-47-
Item -V-J.I
ORDINANCES/RESOL UTIONS
ITEM #64248(Continued)
Lev Huntington, 3101 Chattingham Place, Phone: 486-1980, spoke in OPPOSITION to Item #11
(Requiring the Reporting of Lost or Stolen Firearms). Mr. Huntington advised the gun statistics
Councilman Wood and the Chief of Police are relying on are at least twenty (20) years old. Since 2011,
every State, excluding Illinois, has Concealed Weapon Laws. 1994 had the highest incident of lost or
stolen firearms; however, the number has been going down each year. In recent years, crimes involving
firearms have been reduced by 70%.
ApYil Strickland, 2217 Bayville Road, spoke in SUPPORT of Item #23 (Ban the Release of Balloons).
Ms. Strickland advised she is passionate about two (2) things: her children and the environment. She will
still allow her children to enjoy balloons but will not release them to become litter and or cause possible
harm to animals.
Robert Dean, 1204 Shawn Drive, Phone: 427-6606, representing Tidewater Libertarian Party requested
City Council follow the lead of the Beach General Assembly Delegation and use their influence to kill
Itenc #4 (Medicaid Expansion Position) . Mr. Dean is OPPOSED to Item #S (Continued Funding for
Base Realignment and Closure ((BRAC)) Efforts) as this Policy takes taxpayer money to purchase
properties at premium prices, selling them to well-known Developers at "basement prices " who then, in
turn, renovate the properties and resale them at premium prices. Next, he questions what will be
achieved in Item #7 (Commonwealth Transportation Board Appointments) as each locality falls under the
various Federally Mandated Planning Commissions. Item #8 (Joint Legislative Audit and Review
Commission ((JLARC)) Review of the Equity of Transportation Funding) causes concern as the request
for a new and updated study since HRTAC has already been formed. Mr. Dean advised the Tidewater
Libertarian Party is strongly opposed to Item #9 (Hampton Roads Transportation Accountability
Commission ((HRTAC) re Voting). If Members don't think it is important to attend meetings where
`millions of hard earned taxpayer's money will be spent, then they should forego their vote. To bring in
an alternate to vote on the future of transportation that may not have the historical backgr°ound would do
the Commission and the Region a disservice. The gYOUp is also adamantly opposed to Item #I1
(Requiring the Reporting of Lost or Stolen Firearms) as it presents the Government additional ways to
find out who owns or has owned firearms.
October 21, 2014
-48-
Item -Y-J.1
ORDINANCES/RESOL UTIONS
ITEM #64248(Continued)
Upon motion by Councilman Wood, seconded by Councilman Moss, City Council ADOPTED, Resolution
to SUPPORT the City's 2015 LEGISLATIVE AGENDA with City Council 's Goals and Objectives
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
NOTE: The Consent Yote was 11-0; however, the following "NAY" votes were verbally
stated.•
ITEM #4 (Medicaid Expansion Position) - Council Lady Kane and Councilmen
Dyer, Martin and Moss verbally stated "NAY" vote
ITEM #9 (Hampton Roads Transportation Accountability Commission
((HRTAC)) Voting) - Councilman Moss verbally stated "NAY" vote
ITEM #I1 (Requiring the Reporting of Lost or Stolen Firearms) - Council Lady
Wilson and Councilmen Dyer and Moss verbally stated "NAY" vote
ITEM #22 (Citizen Comment at Hampton Roads Transportation Accountability
Commission Meetings) - Mayor Sessoms verbally stated "NAY" vote
Council Members Absent.'
None
October 21, 2014
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A RESOLUTION ADOPTING THE CITY'S 2015
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 2015 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 2015 Legislative Agenda, which is
attached hereto as Exhibit A and is hereby incorporated by reference.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE 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 2015 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 and the
Legislative Agenda 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 21 st
day of October , 2014.
APPROVED TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
11
Cit anager's ice
City Attorney's Office
CA13121
R-2
October 10, 2014
LEGISLATIVE AGENDA
GENERAL ASSEMBLY
SESSION 2015
ADOPTED BY THE VIRGINIA BEACH CITY
COUNCIL ON
OCTOBER 21, 2014
11
PREFACE
The 2015 session of the General Assembly will be quickly upon the citizens and General Assembly
members.
The General Assembly in the past several years has had many notable successes. This includes
addressing the unfunded liability for the Virginia Retirement System (VRS). The General Assembly has
pledged to fully fund the actuarially recommended amount over the next several years. The General
Assembly is also paying back the $600 million "loan" taken from the VRS fund during the Great
Recession.
The General Assembly also, during the 2014 session, had an outstanding success for the Hampton Roads
and the Northern Virginia regions through the creation of the Hampton Roads Transportation
Accountability Commission (HRTAC) and a similar commission in Northern Virginia. The HRTAC,
which is made up of the elected officials from the fourteen localities in Hampton Roads and five
members of the General Assembly, is currently in the process of forming. The next task will be
assessing and prioritizing the projects to be funded through HRTAC funds, and then sequencing and
working with the Virginia Department of Transportation (VDOT) and the Federal Highway
Administration (FHWA) to move those projects along to construction. In fact, through the good work of
VDOT and the FHWA, the first phase of improvements to I-64 on the peninsula will begin about the
time the General Assembly convenes in January. This is a long overdue improvement that is partially
funded and moving forward because of HRTAC funds. Planning for phases 2 and 3 are also underway
and is expected that those will be completed over the next 8 years or so.
The Commonwealth Transportation Board and the local VDOT office are also to be congratulated for
the great effort expended on repairing and resurfacing Interstate 64 and Interstate 264 in Norfolk and
Virginia Beach. Again, these long overdue repairs are being accomplished through a multiyear process
and expenditure of $80 million. This will greatly improve the motoring experience for Hampton Roads
residents and visitors and business alike.
2015 will also be the last year that the City will be receiving funds for our Base Realignment and
Closure (BRAC) Response Program. Again, this is a tremendous accomplishment of partnering
between the City and the Commonwealth. By the time we expend the City and State funds appropriated
from the program's inception through 2015, over $135 million worth of properties will have been
purchased. As recognized by the Department of Defense, we have the best program in the nation for
encroachment control and rollback. The City of Chesapeake is also partnering with the Commonwealth
now, which adds to the success of this great program.
111
However, there is a cloud on the horizon, and that is the economy. State revenues have declined and are
expected to decline even more. When the joint monies committees met in August, they received a
dismal report that there would be an estimated $2.2 billion shortfall for the 2014/2016 biennium. This
has forced the state to reforecast its general fund revenues, which will likely include further reduced
payroll withholding growth expectations.
Much of this loss in revenue to the Commonwealth is due to the decrease of federal spending through
cutbacks around sequestration. Between 2000 and 2010, federal spending in Virginia grew 107%,
versus 60% in the states total gross product. However, in federal fiscal year 2013, federal spending only
grew 7/10 of 1% with military spending declining 7.2%. With the Commonwealth staring down a
substantial budget shortfall, Virginia Beach and all of the localities request that efforts be made to not
decrease funding to local governments. In fact, state K-12 funding is still well below the FY2009 peak
without adjustment. When these figures are adjusted for inflation and school membership rise, there is
an even larger decline. Localities, like Virginia Beach, are making up for this decrease in state funding
for K-12. Virginia Beach is funding education at an amount of $219 million over that required by the
standards of quality. This equates to 44 cents on the real estate tax rate (each penny on the tax rate
produces $4.9 million of revenue to the City).
Although Virginia Beach's revenues are showing some signs of growth, the decrease in federal spending
in the Hampton Roads region weighs heavily on our expectations. Approximately 43% of the economy
in Hampton Roads is related to federal spending, primarily from Department of Defense (DOD). The
decrease in federal funding will directly affect local governments, perhaps more directly than it does
state government.
The Council of the City of Virginia Beach is committed to continuing its partnership with the General
Assembly on matters of mutual interest and also we believe we are doing our part to create a stronger
economy in Virginia Beach, which will benefit Hampton Roads and the Commonwealth as a whole.
City Council wishes the General Assembly members a very productive 2015 general session of the
oldest continuous legislative body in the Western Hemisphere.
TABLE OF CONTENTS
Prefiice
CITY' OF VIRGINIA BEACH - CITY COUNCIL
iv
i
i
i
ii
vii
CITY OF V/RGIN/A BEACH - GENERAL ASSEMBLY DELEGAT/ON vii
SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITION viii
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 9
Sponsored by the Virginia Beach City Council
SECTION 1.2 - CITY OF VIRGINIA BEACH NEW POLICY INITiATIVES 10
7. COMMONWEALTH TRANSPORTATION BOARD APPOINTMENTS 11
Sponsored by Mayor William D. Sessoms, Jr.
8. JOINT LEGISLATNE AUDIT AND REVIEW COMMISSION (JLARC) REVIEW OF THE EQUTTY OF
TRANSPORTATION FUNDING 14
Sponsored by Mayor William D. Sessoms, Jr.
9. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION (HRTAC) VOTING 15
Sponsored by Mayor William D. Sessoms, Jr.
V
10. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION (HRTAC) USE OF
WELDON COOPER POPULATION INFORMATION 16
Sponsored by Mayor Williams D. Sessoms, Jr.
11. REQUIRING THE REPORTING OF LOST OR STOLEN FIREARMS 17
Sponsored by Council Member, Jim Wood
12. EXAMINATION OF THOSE UNDER A TEMPORARY DETENTION ORDER (TDO) 18
Sponsored by Council Member, Amelia N. Ross-Hammond
13. TEMPORARY DETENTION ORDER (TDO) EVALUATION REQUIRED WITHIN 24 HOURS 19
Sponsored by Council Member, Amelia N. Ross-Hammond
14. PUBLIC HEARING NOTICE REQUIREMENT 20
Sponsored by Vice Mayor, Louis R. Jones
15. PROCUREMENT PROCESS EXEMPTION FOR INVESTMENT ADVISORS 21
Sponsored by Council Member, John D. Moss
16. REMOVE THE PRE-QUALIFICATION REQUIREMENT FOR THE BOND WAIVER PROGRAM FOR
NON-TRANSPORTATION CONSTRUCTION PROJECTS UNDER $500,000 22
Sponsored by Council Member, Bob Dyer
17. EXPEDITED PAYMENT OF JOB-RELATED PENSION PAYMENTS 23
Sponsored by Council Member, John D. Moss
18. BOARD OF TRUSTEES OF ANY POOLED TRUST FOR POSTEMPLOYMENT BENEFITS M AY
SERVE AS LOCAL FINANCE BOARD 24
Sponsored by Council Member, John D. Moss
19. ENFORCEMENT OF PROMPT PAYMENT REQUIREMENTS 25
Sponsored by Council Member, Bob Dyer
20. MICRO BUSINESS PROCUREMENT PROGRAM 26
Sponsored by Council Member, Bob Dyer
21. FOLLOWING BIKES TOO CLOSELY 28
Sponsored by Council Member, Rosemary A. Wilson
22. CITIZEN COMMENT AT HAMPTON ROADS TRANSPORTATION ACCOUNTABILI TY
COMMISSION MEETINGS 29
Sponsored by Council Member, John D. Moss
23. BAN THE RELEASE OF BALLOONS 30
Sponsored by Council Member, Barbara M. Henley
24. ESTABLISHMENT OF COASTAL VIRGINIA STANDARDS FOR DAM SAFETY REGULATIONS 31
Sponsored by Council Member, Barbara M. Henley
25. AN ACT TO EXCLUDE THE LITTLE CREEK WATERSHED FROM THE JAMES RIVER BASIN F OR
PURPOSES OF THE CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN 32
Sponsored by Council Member, Barbara M. Henley
V1
26. REQUIRE THE STATE WATER CONTROL BOARD TO ESTABLISH REGULATIONS FOR
INNOVATIVE STORMWATER TREATMENT PROTOCOLS FOR LOCALITIES 33
Sponsored by Council Member, Barbara M. Henley
Vll
CITYOF VIRGINIA BEACH- CITYCOUNCIL
Mayor William D. Sessoms, Jr.
Vice Mavor Louis R. Jones - Ba side
Shannon DS Kane - Rose Hall
Brad Martin - At Large
Amelia N. Ross-Hammond - Kempsville
Bob Dver - Centerville
Barbara M. Henley - Princess Anne
John D. Moss - At Large
John E. E. Uhrin - Beach
Rosemarv Wilson - At Large
James L. Wood - Lvnnhaven
CITYOF VIRGINIA BEACH- GENERAL ASSEMBL Y DELEGA TION
Senator Lynwood W. Lewis, Jr. - Senate District 6
Senator Frank W. Wagner - Senate District 7
Senator Jeffrev L. McWaters - Senate District 8
Senator John A. Cosgrove, Jr. - Senate District 14
Delegate Ronald A. Villaneuva - House District 21
Delegate Barrv D. Knight - House District 81
Delegate William R. DeSteph, Jr. - House District 82
Delegate Christopher P. Stolle - House District 83
Delegate Glenn R. Davis - House District 84
Delegate Scott W. Taylor - House District 85
Delegate-Elect Joseph C. Lindsev - House District 90
SECTION 1.1- CITY OF VIRGINIA BEACH LONG
TERM POLICY POSITION
N
r
Legislative Agenda
General Assembly Session 2015 12
1. POST LABOR DAY OPENING FOR SCHOOLS
Background Information:
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
The total spending from the tourism industry in Virginia Beach for 2013 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.
Legislative Agenda
General Assembly Session 2015 13
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 (Va. 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.
Legislative Agenda
General Assembly Session 2015 14
3. MORATORIUM ON URANIUM MINING
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
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.
m d?
4. MEDICAID EXPANSION POSITION
Legislative Agenda
General Assembly Session 2015 15
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
***Please find attached a resolution adopted by City Council***
4Legislative Agenda
General Assembly Session 2015 16
Resolution Page 1
1 A RESOLUTION REQUEST{NG THAT 7HE GENERAL
2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT
3 7HE FULL EXPANSION OF MEDiCAIq AS PROVIDED BY
4 THE AFFORDABLE GARE ACT
5
6 WHEREAS, the Patient Pratection and Affordable Gare 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 CourPs decision in a case
11 in which it upheld .the constitutionality of the Affordable Care Act, states now have the
12 option to chose whefher to accept and implement the Act's Medicaid expansion;
13
14 WHEREAS, the Affordable Care Act's Medicaid expansion estabiishes 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 fime the federal
17 funding will be reduced to no less than 90% of the cost;
1$
19 WHEREAS, the projected cost to Virginia is dwarfed by the bi(lions af federal
20 doilars which will flow into the state, and Medicaid expansion will not only provide
21 citizens with greater access ta health care but will afso support the state's health 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 adulf Cily residents who are under the age of 65 remain
26 uninsured;
27
28 WHEREAS, an estimated additional 14,650 Virginia Beach residents wifl be
29 eligibte for Medicaid expansion under the federai 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 Med'scaid will increase local employment in medical
38 services and other supportive health care industries (especially tachnology);
39
40 NOW, THEREFORE, BE IT RESOLVED BY TNE COUNCIL OF THE CITY OF
41 VIRGINIA SEACH, VlRGlNIA:
42
Resolution Page 2
Legislative Agenda
General Assembly Session 2015 17
43 That the City Council requests that the Governor and the General Assembly take
44 the steps necessary ta accept and implement in the Commonwealth of Virginia the full
45 Medicaid expansion as provided by the Afforclable Care Act.
Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on this ll th
d2y of ecember _, 2012.
APPROVEQ AS TO CON7ENT:
.?-.
C'
City na e ice
APPROVED AS TO LEGAL
SUFFIGfENCY:
City Attarney's O1c ?
CA'! 2482
R-2
Qecember 5, 2012
Legislative Agenda
General Assembly Session 2015 18
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 has kept its commitment to the military by continuing its policy of matching dollar for dollar
the state appropriation to protect NAS Oceana.
Request:
The City wants to thank the General Assembly for its tremendous cooperation protecting this national
asset and huge economic boom for South Eastern Virginia. As agreed to, several years ago, by the then
US Fleet Forces Commander, John Harvey (now Secretary of Veterans Affair and Homeland Security),
the City will not seek funds for the BRAC program from the Commonwealth after the 2015 fiscal year
budget. The City Council has committed to provide $1 million a year in City's funds going forward to
purchase priority properties as they become available. This partnership between the Commonwealth and
the City is something for all Virginians to be proud of and is recognized as a model nationwide.
Legislative Agenda
General Assembly Session 2015
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 inental 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 additional increases to funding for mental
healthcare services and housing beyond that provided in 2014. The City supports the Virginia
Association of Community Services Board (VACSB) budget priorities for 2015-16 and requests funding
to include, but not limited to the following:
• The Mental Health and Emergency Services Councils are requesting funding to transform and
greatly enhance the CSBBHA Code Mandated Crisis continuum that currently exists in
Virginia. - Approximately $18.4 million is needed statewide
Increase sustainable housing for individuals with serious mental illness. - Approximately $3.2
million
Emergency Crisis Response Services for children - Approximately $14.3 million
SECTION 1.2 - CITY OF VIRGINIA BEACH NEW
POLICY INITIATIVES
Legislative Agenda
General Assembly Session 2015 111
7. COMMONWEALTH TRANSPORTATION BOARD APPOINTMENTS
Background Information:
SPONSORED BY MAYOR WILLIAM D. SESSOMS, 7R.
Currently, the Commonwealth Transportation Board is primarily composed of inembers from the
construction districts across the Commonwealth. Hampton Roads is a district; Richmond and other
areas are also districts. In the late 1920s, 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/I-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 1 st, 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 lst District, which is the I-64
Corridor and Route 17 through 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.
? ?.?
,,f Legislative Agenda
General Assembly Session 2015 112
Map 1
Commonwealth Transportation Boand
Appaintments
Congressional Districts - 2010
Legislative Agenda
General Assembly Session 2015 113
Map 2
Commonwealth Transpartatian Board
Appaintments
VDOT Constnactian Districts
Legislative Agenda
General Assembly Session 2015 1 14
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
(JLARC 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. Nevertheless, the report should be provided in time
for the 2016 General Assembly Session to consider the study's findings.
Legislative Agenda
General Assembly Session 2015 1 15
9. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY
COMMISSION (HRTAC) VOTING
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
Currently the legislation established by the Hampton Roads Transportation Accountability Commission
(HRTAC) requires that the Chief Elected Officer (CEO) of the governing body of each of the fourteen
counties and cities, embraced by the commission, shall be the voting member.
The Acts of Assembly state that decisions by the commission shall be by: 1) a quorum constituting a
majority of the elected officials of the Commission, 2) the affirmative vote of two-thirds of the voting
Members rp esent and voting, and 3) two-thirds of the chief elected Officers of the counties and cities
embraced by Planning District 23 who are rp esent and voting and whose counties and cities include at
least two-thirds of the population embraced by the Commission.
Since most of the chief elected Officers (i.e. mayors, chairs of the board of supervisors) also have
careers that require their attention, their elected positions are held part-time. Thus, it is reasonable that
full-time employment requirements may occasionally take priority over attendance at a HRTAC
meeting. Furthermore, a mayor or chair could be incapacitated for many months, and that jurisdiction
would, therefore, not be represented at a HRTAC meeting and to a real extent be disenfranchised.
Therefore, it is requested that the HRTAC enabling legislation be amended to allow the mayor or chair
of the board of supervisors to designate another member of his council or board to cast a vote for the
chief elected official on behalf of the locality at HRTAC meetings.
Request:
The General Assembly is requested to amend chapter 678 of the Acts of Assembly 2014 session to allow
the Chief Elected Officer of a governing body of any of the fourteen counties and cities embraced by the
commission, if he or she is unable to attend a meeting, to designate another council or board member to
represent him or her. This designation shall be made to the chair of the Hampton Roads Transportation
Accountability Commission (HRTAC) at least 48 hours before the meeting for which an alternate will
be voting and such notification to the chair shall be made through writing or electronically. Such
appointment of alternate shall be for only the upcoming meeting, which the Chief Elected Official is
unable to attend.
?
?..,._.
Legislative Agenda
General Assembly Session 2015 110. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY
COMMISSION (HRTAC) USE OF WELDON COOPER
POPULATION INFORMATION
Background Information:
SPONSORED BY MAYOR WILLIAMS D. SESSOMS, JR.
Currently the enabling legislation of the Hampton Roads Transportation Accountability Commission,
Chapter 678 of the Virginia Act of the 2014 session, stipulates that the population of the counties and
cities embraced by the commission shall be the population that is determined by the most recently
preceding decennial census, except that on July 1 St of the Sth year following the census, the population of
each county and city shall be adjusted based on population projections made by the Weldon Coopers
Center for Population Services of the University of Virginia. Several localities in Hampton Roads,
including Virginia Beach have great concern over the Weldon Cooper population projections. These
concerns have been made to the Weldon Cooper Center, but at this time, the population projection
process has not been amended. Virginia Beach, according to the Weldon Cooper population estimates,
had a population of 449,628 on January 27, 2014. Yet, the same Weldon Cooper Center projects that in
2020 the population will be 438,114. The Weldon Cooper population projections are also extended in
the future, showing a population for Virginia Beach of 430,495 in 2030 and 419,103 in 2040.
Virginia Beach disagrees with these population projections based on the growth of the city since the last
census, according to both the US Census Bureau estimates and the Weldon Cooper Center population
estimates. Also, Virginia Beach's desire to create transit oriented development in its strategic growth
areas has the potential for Virginia Beach to continue to grow well beyond the Weldon Cooper
projections.
Request:
The General Assembly is requested to amend Chapter 678 of the Virginia Act of the 2014 session to
utilize the population estimates made by the Weldon Cooper Center for Public Service of the University
of Virginia. This would mean that the decennial census numbers would be utilized during the year of
the census. Each year, thereafter, the population estimates developed by Weldon Cooper would be
utilized rather than only the mid-decennial projections.
This would likely have little change in the results of voting in the near term, but over the long term,
could have unintended consequences if the population projections proved flawed. Population estimates
of the Weldon Cooper Center are utilized as currently laid out in code for other purposes.
• -.?
Legislative Agenda
General Assembly Session 2015 1 f F'
11. REQUIRING THE REPORTING OF LOST OR STOLEN FIREARMS
SPONSORED BY COUNCIL MEMBER, JIM WOOD
Background Information:
Every year, in Virginia Beach, many guns are lost or stolen and used for criminal purposes by those that
come into possession of them. Nationally, an estimated 269,000 gun-owning household experienced a
theft of one or more firearms during 1994. The current total is likely to be considerably higher than that.
Thirty-two percent of surveyed felons had stolen their most recently acquired handguns. Undocumented
and stolen firearms have become a prime commodity on the streets of Virginia and of other
communities, to act as barter to further criminal enterprises. Seven states, includes Connecticut,
Massachusetts, Michigan, New Jersey, New York, Rhode Island, and the District of Columbia, currently
require the reporting of lost or stolen firearms to law enforcement.
The keeping of illegal firearms out of the hands of criminals is a high priority for all public safety
officials. In fact, a poll in 2009 of the National Rifle Association (NRA) and non-NRA gun owners
found support that advocated for sensible approach to gun laws that balanced personal freedoms with
measures to keep illegal guns out of the hands of criminals. We are requesting that the General
Assembly enact a law to assist in this matter.
Request:
The General Assembly is requested to amend the Code of Virginia to require owners of firearms who
lose them or have them stolen, to report to their local law enforcement agency within 48 hours of
discovery that the item is missing.
It is further suggested that willfully failing to report the loss of a firearm through theft or otherwise shall
result in a civil penalty.
??. ..:.1?
Legislative Agenda
General Assembly Session 2015 11 :°?
12. EXAMINATION OF THOSE UNDER A TEMPORARY DETENTION
ORDER (TDO)
SPONSORED BY COUNCIL MEMBER, AMELIA N. ROSS-HAMMOND
Background Information:
Currently a person can arrive at a Temporary Detention Facility under a Temporary Detention Order
(TDO), and a hearing can be legally held within a few hours. The code does not define "sufficient
period of time has passed to allow for complete examination required by 37.2-815." For example, a
consumer from the City's Community Service Board (CSB) was detained to a TDO facility, 60 miles
away, arriving at about 2am. The commitment hearing was to be held before noon the same day. The
individual was not demonstrating the level of dangerousness due to medication and drowsiness from the
stressful ordeal, hours prior. His case was dismissed and the CSB was not provided an opportunity to be
involved. Changing this law to require hospitalization for at least 24 hours prior to a hearing will allow
sufficient time to complete further psychiatric examination and allow the CSB to adequately prepare for
less restrictive and safe alternatives to the consumer when appropriate.
Request:
The General Assembly is requested to amend section 37.2-814 of the code as follows:
The commitment hearing for involuntary admission shall be held not less than 24 hours from the
execution of the temporary detention order after a sufficient period of time has passed to allow for
completion of the examination required by § 37.2-815, preparation of the preadmission screening report
required by § 37.2-816, and initiation of inental health treatment to stabilize the person's psychiatric
condition to avoid involuntary commitment where possible, but shall be held within 72 hours of the
execution of the temporary detention order as provided for in § 37.2-809; however, if the 72-hour period
herein specified terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully
closed, the person may be detained, as herein provided, until the close of business on the next day that is
not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
Legislative Agenda
General Assembly Session 2015 119
13. TEMPORARY DETENTION ORDER (TDO) EVALUATION
REQUIRED WITHIN 24 HOURS
SPONSORED BY COUNCIL MEMBER, AMELIA N. ROSS-HAMMOND
Background Information:
Community Service Board (CSB) clinicians are not capable of or equipped to take individuals into
"custody." The "duration of a Temporary Detention Order" as laid out in the code, could involve up to
24 hours from the time of issuance by a magistrate. This code places CSB in a high-risk situation as it
could require physical restraint to prevent a person from committing suicide or homicide. It is requested
that the code be amended to clarify that maintaining individuals in custody is the responsibility of law
enforcement.
Request:
The General Assembly is requested to amend the code of Virginia as follows, to require the designated
law enforcement agency to maintain control and custody of the individual.
B. A state facility may, following the notice in accordance with subsection A, conduct a search for an
alternative facility that is able and willing to provide temporary detention and appropriate care to the
individual, which may include another state facility if the state facility notified in accordance with
subsection A is unable to provide temporary detention and appropriate care for the individual. Under no
circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for
temporary detention pursuant to § 37.2-809 unless an alternative facility that is able to provide
temporary detention and appropriate care agrees to accept the individual for temporary detention. The
individual shall not during the duration of the temporary detention order, from issuance to execution, be
released from the custody of primary law enforcement or any other willing law enforcement agency that
has agreed to transport the individual to the state facility or alternative facility in accordance with the
provisions of § 37.2-810. If an alternative facility is identified and agrees to accept the individual for
temporary detention, the state facility shall notify the community services board, and an employee or
designee of the community services board shall designate the alternative facility on the prescreening
report.
?. n
Legislative Agenda
General Assembly Session 2015 12(
14. PUBLIC HEARING NOTICE REQUIREMENT
SPONSORED BY VICE MAYOR, LOUIS R. JONES
Background Information:
Currently there is a 30-day notice (public hearing requirement) of real estate assessments increases of
more than 1%. Prior to 2007, there was a seven-day window to notify the public of such increases. The
City requests this be changed to 14 days. This would be consistent with the 14 days required when the
General Appropriation Act did not occur, which is in the same code section.
We are required to have two public hearings each year for the budget. One of the public hearings is a
general public hearing. This public hearing is usually held first on a Thursday night at one of our local
high schools. We schedule our high school because the first public hearing usually has a large crowd
because it is considered the "budget" public hearing and high school auditoriums can accommodate the
crowds. It also provides a more central location away from the municipal center.
The other public hearing is required if real estate assessments increase 1% or greater, per section § 58.1-
3321. We have historically held this meeting the night of City Council's formal meeting. City Council
only has one night meeting during the budget process. Because Council has moved its formal meetings
to the lst and 3`d Tuesday of the month, we are left with unfavorable choices, which are not in the best
interest of the publia We believe the 30-day notice complicates scheduling public hearings with no
benefit. A two-week notice would provide ample opportunities for the public to be informed of real
estate tax increase.
Request:
The General Assembly is requested to amend section § 58.1-3321 in section "B," and change notice of
the public hearing shall be given at least 14 days for the date of such hearing by publication of a notice
in: 1) at least one newspaper general circulation in such county and city...
?..,..:.?
Legislative Agenda
General Assembly Session 2015 1 1'= '
15. PROCUREMENT PROCESS EXEMPTION FOR INVESTMENT
ADVISORS
SPONSORED BY COUNCIL MEMBER, JOHN D. MOSS
Background Information:
The City of Virginia Beach has a Deferred Compensation Board (the "Board"), as described in City
Code §§ 2-122 & 123. The Board includes City employees, an appointee from the City Council, a
member from the Sheriff's Office, and three members from Schools, including the Schools' chief
financial advisor and a member of the School Board. The Board reviews investments and administers
the deferred compensation investment policy, including the addition and deletion of funds from the
investment policy, for the deferred compensation plan.
The Board has two regularly contributing contractors. One contractor provides administrative services
including bookkeeping and communications with participants. The other contractor provides investment
advice and financial market information that assists in the Board's oversight of the deferred
compensation investment policy.
The Board also serves as the City's Local Finance Board for purposes of oversight of the Trust set up to
pay for Other Post-Employment Benefits (or OPEB). In its capacity as the Local Finance Board, the
Virginia Code provides an exemption from the Virginia Public Procurement Act ("VPPA") for the
selection of services related to "the management, purchase, or sale of authorized investments, including
but not limited to actuarial services." (Va. Code § 15.2-1548) The Virginia Code also authorizes an
exemption from the VPPA for the selection of services related to the management of investments by the
Virginia Retirement System (Va. Code § 51.1-124.32) and local retirement systems (Va. Code § 51.1-
803).
A 1986 opinion of the Virginia Attorney General (1985-86 Op. Att'y Gen. Va. 41) provides that a local
deferred compensation board must meet the requirements of the VPPA in the procurement of investment
services and administrative services. The requirement with regard to administrative services is
consistent with the required skills and the nature of the administrative relationship. The relationship
with the investment advisor is more complicated and requires a level of sophistication that is not as easy
to replace. Further, the existence of the exemption from the VPPA for the management of the OPEB
Trust and various other retirement systems suggests freedom from the VPPA's requirements for
investment services is sound public policy.
Request:
The City Council requests the General Assembly create an exemption from the requirements of the
Virginia Public Procurement Act for a local deferred compensation board for the selection of services
related to management and review of its investments and the Board's investment policy.
?y ¢v 3,
Legislative Agenda
General Assembly Session 2015 122
16. REMOVE THE PRE-QUALIFICATION REQUIREMENT FOR THE
BOND WAIVER PROGRAM FOR NON-TRANSPORTATION
CONSTRUCTION PROJECT5 UNDER $500,000
SPONSORED BY COUNCIL MEMBER, BOB DYER
Background Information:
Reducing barriers to entry in the procurement process will benefit the City by increasing competition in
City procurements and by avoiding the costs of obtaining bonds-costs that contractors pass onto the
City. In its 2011 Session, the General Assembly provided authority for a locality to waive bonding (bid,
performance, and payment bonds) on non-transportation construction contracts in excess of $100,000
but less than $500,000. This 2011 legislation required bond waiver procurements to include a
prequalification process.
The prequalification process is regulated by Virginia Code § 2.2-4317. This statute describes the
required process and outlines seven grounds upon which a prospective bidder may be denied
qualification. Any bidder denied prequalification has the opportunity to appeal such a decision
administratively, and subsequent to administrative review, to take a denial to circuit court for judicial
review.
Prequalification of contractors is generally a useful process for large construction projects wherein the
prequalification step removes potential bidders that do not have the required financial capacity or
relevant experience to complete the project. For these large projects, the time and effort required for
prequalification is worthwhile by saving the cost and effort of assembling a bid by an unqualified
bidder. There is an additional time savings in the City's review process because there are fewer bids
requiring full evaluation.
For construction contracts between $100,000 and $500,000, the prequalification requirement introduces
a new barrier (prequalification process) in the place of the previous barrier (the required bonds).
Because relevant experience and financial capacity are not as critical for construction contracts below
$500,000, the prequalification requirement adds a bureaucratic process that is counterproductive to the
goals of the bond waiver program that ends up adding time to the procurement process, additional works
for bidders, and additional administrative effort.
Request:
The City of Virginia Beach urges the General Assembly to amend Virginia Code §§2.2-4336 & 4337 to
allow localities the ability to waive bonding for non-transportation construction project between
$100,000 and $500,000 without having to undertake a prequalification process.
?•
Legislative Agenda
General Assembly Session 2015 1 "L;'17. EXPEDITED PAYMENT OF JOB-RELATED PENSION PAYMENTS
SPONSORED BY COUNCIL MEMBER, JOHN D. MOSS
Background Information:
When an individual sustains an on-the job injury, and ultimately cannot go back to performing the job
for which he or she was hired, that individual, if vested, can apply for VRS disability benefits.
Typically, the injured worker will have previously applied for and received workers' compensation
benefits which provide for lifetime medical benefits and the potential for up to 500 weeks of wage loss
benefits.
In many cases, when an injured worker has received wage loss benefits due to a work-related injury, the
injured worker sufficiently recovers in order to return to the work place in a limited duty or transitional
duty capacity. By providing limited duty work to the injured worker, the City of Virginia Beach assists
the injured worker in returning to the work force. Because the injured worker who returns to the work
place in a limited duty capacity receives his or her regular wages, which are greater than or equal to the
workers' compensation wage indemnity, the open award for wage loss benefits under workers'
compensation closes. In the event that the injured worker ultimately is not able to return to the job for
which he or she was hired in a full duty capacity, the City will eventually separate the employee from
employment.
At the time of the separation, the employee often will have applied for and been granted job-related
disability retirement, but not be on an open workers compensation award. VRS takes the position that
injured workers should be required to petition to reopen their workers' compensation claim and begin
receiving benefits at the time of separation instead of VRS beginning to pay job-related disability
pension benefits, even though the Code of Virginia allows for the separated employee to begin receiving
job-related disability retirement benefits. In other words, VRS will delay payment, leaving the
employee with no source of income, and thereby forcing him or her to petition anew for workers'
compensation wage loss benefits.
Request:
In cases where the injured worker is no longer on an open wage loss award, not beginning VRS pension
benefits within a reasonable period of time imposes a substantial financial burden on the injured
employee and has the effect of requiring the employee to reopen his or her workers' compensation wage
loss claim even though state law does not affirmatively allow VRS to require the injured employee to
take such action. The City of Virginia Beach urges the General Assembly to require VRS to commence
payment of approved VRS disability retirement benefits to the injured worker within 30 days of VRS
approval of the job-related disability retirement request if the worker is not on an open workers'
compensation award.
49',)
Legislative Agenda
General Assembly Session 2015 124
18. BOARD OF TRUSTEES OF ANY POOLED TRUST FOR
POSTEMPLOYMENT BENEFITS MAY SERVE AS LOCAL
FINANCE BOARD
SPONSORED BY COUNCIL MEMBER, JOHN D. MOSS
Background Information:
The governing body of any county, city, or town as well as any school board that establishes a
trust, trusts, or equivalent arrangements for postemployment benefits other than pensions must
also create a finance board to serve as trustee of such a trust, trusts, or equivalent arrangements
and to manage and invest the assets of that trust, trusts, or equivalent arrangements. Such a
finance board shall be composed of at least three members who shall include the chief financial
officer of the locality, the treasurer of the locality, and at least one other additional person who
shall be a citizen of the Commonwealth with proven integrity, business ability, and demonstrated
experience in cash management and in investments. The finance board shall meet at least four
times a year, and a majority of the members shall constitute a quorum. The local deferred
compensation board may serve as the local finance board.
The City of Virginia Beach and the Virginia Beach School Board have joined the VML/VaCo Pooled
Trust for Postemployment Benefits other than Pensions (retiree health care), and has a
representative that serves on the Board of Trustees for this entity. At this time, over $55 million in
assets are being managed on behalf of the City and Schools. Over $600 million in assets are
managed in total.
Currently the Virginia Beach Deferred Compensation Board serves as the local finance board for
retiree health care funds. The Deferred Compensation Board reviews the actions taken by the
Board of Trustees and reviews the performance of the VML/VaCo Pooled Trust. However, the
Deferred Compensation Board does not actively manage the assets in the Pooled Trust.
Request:
Amend Virginia Code Sec. 15.2-1547 to allow local governments participating in the VML/VaCo
Pooled Trust for Post-Employment Benefits to use the VML/VaCo Board of Trustees to fulfill the
requirement of a local finance board. The participating localities would receive quarterly reports
from the VML/VaCo Board of Trustees providing the information that would traditionally be made
available by a local finance board.
Legislative Agenda
General Assembly Session 2015 125
19. ENFORCEMENT OF PROMPT PAYMENT REQUIREMENTS
SPONSORED BY COUNCIL MEMBER, BOB DYER
Background Information:
The City of Virginia Beach has undertaken many efforts to further equal opportunity and
nondiscrimination in City procurement. In 1995, the City Council created the region's first Minority
Business Council (the "MBC"). The MBC has identified "prompt payment" as a component of public
contracting in need of additional regulatory oversight.
The Virginia Public Procurement Act requires prime contractors to pay subcontractors within seven days
of receipt of payment by a state agency or a local government. (Va. Code § 2.2-4354). Alternatively,
the prime contractor may notify the subcontractor and agency of its intention to withhold payment (or
partial payment) and the reason for non-payment within seven days of receipt of payment by a state
agency or a local government. Failure to meet the prompt payment requirement subjects the prime
contractor to interest charges.
When issues arise regarding payment of subcontractors, the City is limited in its remedies. There is a
statute requiring the City to pay the prime contractor promptly. Further, the City's contractual
relationship is with the prime contractor not the subcontractor. A state agency or local government risks
interfering in the contractual relationship between the prime contractor and the subcontractor if it takes
too active a role in such a situation.
There is a need for a remedy in addition to the accrual of interest. Because public funds are a
component of the flow of payments from prime contractor to subcontractor, the Office of the Attorney
General may be an appropriate watchdog and enforcer of prompt payment requirements.
Request:
The City Council requests the General Assembly provide for an oversight function of prompt payment
requirements between prime contractors and subcontractors, by strengthening § 2.2-4354 (prompt
payment provision required in contracts); and § 2.2-4356 (report by state comptroller regarding prompt
payments).
Legislative Agenda
General Assembly Session 2015 126
20. MICRO BUSINESS PROCUREMENT PROGRAM
SPONSORED BY COUNCIL MEMBER, BOB DYER
Background Information:
On July 22, 2014, The Governor signed Executive Order 20, "Advancing Equity for Small, Women, and
Minority Owned Businesses." This Executive Order establishes a program to further executive branch
agency spending to "micro businesses." For purposes of the Order, "micro businesses" are certified
small businesses that have no more than twenty-five employees and no more than $3 million in average
annual revenue over the three-year period prior to certification. The Order directs the Department of
Small Business and Supplier Diversity to implement the micro business designation by October l, 2014.
The Order directs various state agencies to seek micro businesses where available and sets aside for
micro small businesses purchases under $10,000 when the micro business quotes a fair and reasonable
price.
The City of Virginia Beach has undertaken many efforts to further equal opportunity and
nondiscrimination in City procurement. In 1995, the City Council created the region's first Minority
Business Council (the "MBC"). The MBC has worked over the years to further programs and efforts to
reduce barriers in City procurement to include:
• The City Council establishing a goal of 10% minority participation in City Contracts;
• Debundling of City contracts to better enable small, woman-owned, and minority-owned
("SWaM") businesses to compete;
• Utilization of a comprehensive database of SWaM businesses and the types of goods or services
that each business provides;
• Enactment of a Small Business Enhancement Program requiring contractors to utilize at least
50% SWaM businesses in subcontracting plans;
• Implementation of a City Administrative Directive to require solicitations of SWaM, including
minority-owned and woman-owned, vendors for City contract of less than $50,000;
• Entry into a Memorandum of Understanding with the Virginia Department of Small Business
and Supplier Diversity (through its predecessor, Department of Minority Business Enterprise) to
develop a productive and mutually beneficial working relationship;
• City Council adoption of a bond waiver program to the extent authorized by the General
Assembly.
The opportunity to utilize a"micro business" designation would further the City's efforts to reduce
barriers and further opportunity in City procurements.
????? Legislative Agenda
?;,
'General Assembly Session 2015 127
Request:
The City Council requests the General Assembly define micro small business in § 2.2-4310 of the Code
of Virginia and to amend § 15.2-965.1 of the Code of Virginia to authorize a locality, by ordinance, to
enact a program for the enhancement of "micro business" participation that mirrors the authorization
provided in Executive Order 20.
Legislative Agenda
General Assembly Session 2015 123
21. FOLLOWING BIKES TOO CLOSELY
SPONSORED BY COUNCIL MEMBER, ROSEMARY A. WILSON
Background Information:
There has been much progress in recent years in making bicycling safer for both the bicyclist and
motorist. However, there is still work to be done. An effort was made during the 2014 session, House
Bill 82, that would delete the word "motor" from the sentence, "the driver of a motor vehicle shall not
follow another motor vehicle, trailer, or semi-trailer more closely than is reasonable and prudent,
having due regard of the speed of both vehicles of traffic and the conditions of the highway at the time."
Since this language failed in the Senate, the suggestion is for a new section "B" to be added to 46.2-839
of the Code, to clearly state the intent to keep motor vehicles at a safe distance from other vehicles such
as bicycles, etc.
Request:
The General Assembly is requested to amend the Code of Virginia, section 46.2-839 by adding a section
"B" that states, "a driver of a motor vehicle shall not follow a bicycle, an electric personal assistive
mobility device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle preceding in
the same direction more closely than is reasonable and prudent, having due regard to the traffic and the
conditions of the highway at the time." Creating a separate section would make enforcement easier for
police officers and increase safety for all of those who use our highways and roads.
Legislative Agenda
General Assembly Session 2015 129
22. CITIZEN COMMENT AT HAMPTON ROADS TRANSPORTATION
ACCOUNTABILITY COMMISSION MEETINGS
SPONSORED BY COUNCIL MEMBER, 70HN D. MOSS
Background Information:
During its 2014 session, the General Assembly adopted a bill that created the Hampton Roads
Transportation Accountability Commission ("HRTAC"), which was given the responsibility for
approval of projects and the priority of such projects pursuant to the Hampton Roads Transportation
Fund. The HRTAC adopted bylaws at their July 2014 organizational meeting. Although the bylaws
provide for public hearings and public comment, they do not authorize residents of the fourteen counties
and cities within the Planning District to speak on any agenda item, resolution or motion.
Request:
The City Council requests the General Assembly enact legislation which would require the HRTAC to
allow any resident living within the fourteen counties and cities within Planning District 23 to speak on
each agenda item, resolution or motion, for at least three minutes each.
Legislative Agenda
General Assembly Session 2015 130
23. BAN THE RELEASE OF BALLOONS
SPONSORED BY COUNCIL MEMBER, BARBARA M. HENLEY
Background Information:
The Virginia Code currently allows the release of up to fifty (50) balloons an hour. However, balloons
are a substantial threat to waterfowl and the environment and allowing the release of 49 balloons seems
excessive. Balloons are a significant part of the litter collected from most waterways.
Request:
The General Assembly is requested to amend the Code of Virginia as follows:
§ 29.1-556.1. Release of certain balloons prohibited; civil penalty
A. It shall be unlawful for any person to knowingly release or cause to be released into the atmosphere
any balloon which is (i) made of a nonbiodegradable or nonphotodegradable material, including any
material which requires more than five minutes' contact with air or water to degrade and (ii) inflated
with a substance which is lighter than air. Any person who violates this section shall be liable for a civil
penalty not to exceed five dollars per balloon released, which shall be paid into the Lifetime Hunting
and Fishing Endowment Fund established pursuant to § 29.1-101.1.
B. The provisions of this section shall not apply to (i) balloons released by or on behalf of any agency of
the Commonwealth, or the United States or pursuant to a contract with the Commonwealth, the United
States, or any other state, territory or government for scientific or meteorological purposes or (ii) hot air
balloons that are recovered after launch.
Legislative Agenda
General Assembly Session 2015 131
24. ESTABLISHMENT OF COASTAL VIRGINIA STANDARDS FOR
DAM SAFETY REGULATIONS
SPONSORED BY COUNCIL MEMBER, BARBARA M. HENLEY
Background Information:
The Code and the Regulations do not have specific standards that apply to Coastal Virginia, as such,
every impounding structure must request special consideration. A change to the Regulations requiring
specific modification factors for Coastal Virginia would alleviate this time and expense.
This amendment would require the establishment of regulations that require specific modification
factors for Coastal Virginia.
Request:
The General Assembly is requested to amend the Code of Virginia as follows:
§ 10.1-605. Promulgation of regulations by the Board; guidance document
A. The Board shall adopt regulations to ensure that impounding structures in the Commonwealth are
properly and safely constructed, maintained and operated. Dam safety regulations promulgated by the
State Water Control Board shall remain in full force until amended in accordance with applicable
procedures.
E. The Board's reizulations shall establish a Coastal Virainia modification factor for both the Probable
Maximum Flood (PMF) and the S12illway Design Flood (SDF) in calculating the hazard of impounding
structures.
Legislative Agenda
General Assembly Session 2015 132
25. AN ACT TO EXCLUDE THE LITTLE CREEK WATERSHED FROM
THE JAMES RIVER BASIN FOR PURPOSES OF THE
CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN
SPONSORED BY COUNCIL MEMBER, BARBARA M. HENLEY
Background Information:
This amendment would remove the Little Creek watershed from the James River basin, just as the City
requested the Lynnhaven River be removed from the James River basin.
Request:
The General Assembly is requested to amend the Code of Virginia as follows:
Be it enacted by the General Assembly of Virginia:
1. & 1. That no state agencv shall consider or include the Little Creek watershed as part of the James
River Basin when developin oplementing the Chesapeake Bav Watershed Implementation Plan.
Legislative Agenda
General Assembly Session 2015 133
26. REQUIRE THE STATE WATER CONTROL BOARD TO
ESTABLISH REGULATIONS FOR INNOVATIVE STORMWATER
TREATMENT PROTOCOLS FOR LOCALITIES
SPONSORED BY COUNCIL MEMBER, BARBARA M. HENLEY
Background Information:
The City has not been able to have certain innovative stormwater treatment protocols approved that it
believes would be less expensive and more effective than the protocols allowed, such as oyster reefs,
phragmites harvesting, etc.
The amendment would require the State Water Control Board to establish a regulatory framework to
have these innovative techniques evaluated.
Request:
The General Assembly is requested to amend the Code of Virginia as follows:
§ 62.1-44.15:28. Development of regulations.
A. The Board is authorized to adopt regulations that specify minimum technical criteria and
administrative procedures for Virginia Stormwater Management Programs. The regulations shall:
16. Establish a re Ulatorv framework, including timeline and appeals procedures for
localities to obtain approval for innovative stormwater treatment protocols to meet
Chesapeake Bay TNIDLs and other stormwater qualitv TMDLs.
-49-
Item -V-J.2
ORDINANCES/RESOL UTIONS
ITEM #64249
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to REQUEST the GeneYal Assembly fund the constYUCtion of a Yeterans Care
Center
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY FUND THE CONSTRUCTION OF A
3 VETERANS CARE CENTER IN THE CITY OF
4 VIRGINIA BEACH AND STATING THE CITY OF
5 VIRGINIA BEACH'S PLEDGE TO PROVIDE LAND
6 FOR SUCH FACILITY
7
8 WHEREAS, veterans' care is becoming increasingly important because of the
9 aging of veterans from previous wars, such as World War II, Korea, Vietnam, and the
10 veterans of the more recent wars in the Middle East; and
11
12 WHEREAS, veterans are best cared for close to where they have friends and
13 family to support them; and
14
15 WHEREAS, the State has previously participated in the construction of veterans
16 homes elsewhere in the Commonwealth; and
17
18 WHEREAS, the General Assembly is investigating the feasibility of building new
19 veterans care centers in Hampton Roads and Northern Virginia; and
20
21 WHEREAS, Delegate Chris Stolle made a presentation to City Council on the
22 potential of a 240-bed facility that would require a site of approximately 15-25 acres;
23 and
24
25 WHEREAS, such a facility's operating costs would be paid from
26 Medicaid/Medicare/Veterans benefits and other non-State funds; and
27
28 WHEREAS, Delegate Stolle and Delegate Kirk Cox are patrons of a bill that has
29 been pre-filed for the 2015 Session of the General Assembly which would allocate
30 funding for the facility; and
31
32 WHEREAS, HB 1275 will provide funding for construction of a Hampton Roads
33 Veterans Care Center through an allocation of $28.5 million from the proceeds of
34 Virginia Public Building Authority bonds and $59.9 million in federal funds, for a total
35 allocation of $88.4 million.
36
37 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 That the General Assembly is requested to approve HB 1275 or other legislation
41 that would provide funding for the Hampton Roads Veterans Care Center; and
42
43 BE IT FURTNER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
44 BEACH, VIRGINIA:
45
47 That the City of Virginia Beach will reserve an appropriate parcel of City land
48 containing at least 15 acres but not more than 25 acres for the Veterans Care Center;
49 provided, however, that if no substantive progress has been made in constructing the
50 facility by January 1, 2018, the City will entertain other uses for the reserved site.
51
52 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
53 BEACH, VIRGINIA:
54
55 That the City Clerk is hereby directed to transmit a copy of this resolution to each
56 member of the City's local delegation to the General Assembly.
57
58 Adopted by the City Council of the City of Virginia Beach, Virginia, this 21st
59 day of October , 2014.
APPROVED TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
iih*LL
City anager's Office
City Attorney's Office
CA13122
R-3
October 13, 2014
-50-
ItenZ -V-J.3
ORDINANCES/RESOL UTIONS
ITEM #64250
Upon fnotion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE City-owned property as EXCESS and AUTHORIZE the City
Manager to SELL same - 5161 Princess Anne Road DISTRICT 2- KEMPSVILLE
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
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AN ORDINANCE DECLARING 2.812+/-
ACRES OF CITY PROPERTY LOCATED AT
5161 PRINCESS ANNE ROAD TO BE IN
EXCESS OF THE CITY'S NEEDS AND
AUTHORIZING THE CITY MANAGER TO
SELL SAME TO S. L. NUSBAUM REALTY
CO.
WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately
2.812 acres of land located at 5161 Princess Anne Road ( consisting of GPIN: 1466-78-
3845 and a 0.689-acre portion of former right-of-way), and shown on the map attached
hereto as Exhibit A (the "Property");
WHEREAS, the City has adopted the Historic Kempsville Historic Plan ("HK
Plan") to set forth the City's goals for the development and redevelopment of the
Historic Kempsville area of the City;
WHEREAS, S. L. Nusbaum Realty Co. ("Nusbaum") proposes to construct a
multi-tenant retail development on the Property, consistent with the HK Plan;
WHEREAS, Nusbaum and City staff have negotiated the terms by which
Nusbaum would purchase and develop the Property; consistent with the terms and
conditions set forth on the Summary of Terms attached hereto as Exhibit B;
WHEREAS, the City of Virginia Beach Development Authority has expended
$44,829 in engineering, survey and appraisal costs to aid City staff in preparing the
Property for sale; and
WHEREAS, the City Council is of the opinion that the Property is in excess of the
City's needs and the sale of the Property to Nusbaum would promote the City's goals as
set forth in the HK Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the 2.812+/- acres of land located 5161 Princess Anne Road, shown on
Exhibit A as "PARCEL D 1466-78-3845" and the 0.689-acre portions of former right-of-
way shown on Exhibit A as "AREA OF PROPOSED STREET CLOSURE `D-1' (28,095
SQ. FT., 0.645 AC." and "AREA OF PROPOSED STREET CLOSURE `D-2' (1,931 SQ.
FT., 0.044 AC.)", are hereby declared to be in excess of the needs of the City of Virginia
Beach.
2. That the City Manager is hereby authorized to execute any documents
necessary to convey the Property to S. L. Nusbaum Realty Co., in accordance with the
Summary of Terms attached hereto as Exhibit B and made a part hereof, and such
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
other terms, conditions or modifications as may be acceptable to the City Manager and
in a form deemed satisfactory by the City Attorney.
3. That the Authority shall be reimbursed its costs incurred related to the
Property, not to exceed $44,829, from the proceeds of the sale of the Property, subject
to authorization from the Virginia Department of Transportation.
4. That the remaining proceeds from this transaction shall be directed to
Witchduck Road - Phase II (CIP 2-025).
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s tday
of October , 2014.
THIS ORD/NANCE REQU/RES AN AFF/RMAT/VE VOTE OF THREE-
FDURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNC/L.
APPROVED AS TO CONTENT:
C;<_ ?'• (' . t ,,,?SG
blic Works / Real Estate
APPROVED AS TO CONTENT:
0---b ?'?
Economic Development
APPROVED AS TO LEGAL
SUFFICIENCY:
City Atto y
CA12982
\\vbgov.com\DFS t W pplications\CityLawProd\cycom32\W pdocs\D002\P018\00158854. DOC
R-1
October 13, 2014
EXHIBIT A
F-r
NOTES:
1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF
PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT
OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT
INTENDED FOR ANY OTHER THAN GENERAL REFERENCE.
2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS
PROPERTY. A=88.85'
N
R=772.50'
A =63524
W
a
ON?
A=98.88' _
R=725.00'
PARCEL 'E' N/F =74852"
EMMANUEL PROTESTANT
EPISCOPAL CHURCH
OF KEMPSVILLE A=37.66'
1466-78-0931 R=75.00' ?
A =2846'03"
?
? 1
i1 ??y1
%,E
104?14
A=104.39'
R=1122.50-
0 =5'19'43"
P/9/NCESS ANNE ROAD
(RELOCATEO) N VAR R/W -
(/NST 20090519000553070)(INST 2009f019001219680)
(INST 20f00203000113230)(/NST 20100409000329350)
(INST 20100507000436780)(M.B. 114, P. 21)
A=45. f5'
R=43.50'•
A =5927'S1 "
,& =24'58'55"
A=6.43'
N 49'39:32" W 4.00'
S 40'20'28" W 31.26'
AREA OF PROPOSED STREET CLOSURE 'D-2'
(1,931 SQ. FT., 0.044 AC.)
STRM CLOSURE IT SHEET 1 OF 1
OF A
28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON 1fAY
(FaRI[ERLY PRINCBSS ANNE ROAD) AND S. 1fITCHDUCK ROAD (RTz 190)
AND A
1,931 3Q. FP. (0.044 AC.) PORTION OF PRINCESS ANNS ROAD
(xEr.ocaTEn) AND 3 1RTCHDUCK ROAD (xTE i9o)
(rUBUc aiaar-os-WATsxnM xo zoisosisooososszo)
Landscape Architecture VIRGINIA BEACH, VIRGINIA
land Surveying Escluaivelp for
C?n1i Engineering
V04 FEBRUARY, 2014
?NLSIE8VRI,1M 5 YI?? SCALE: 1° = 100' WY ??MA ?ACH
?CAD/ch1G TMF/els C1TY OF VIRGINIA BEACH. VA F.B. P. PLAT: JN:213-0160?
S
AREA OF PROPOSED STREET CLOSURE 'D-1'
(28,095 SQ. FT., 0.645 AC.)
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EXHIBIT B
SUMMARY OF TERMS
2.812+/- Acres Located at 5161 Princess Anne Road
SELLER: City of Virginia Beach (the "City")
PURCHASER: S. L. Nusbaum Realty Co.
PROPERTY: Approximately 2.812 acres consisting of (a) 2.123 acres +/- GPIN
1466-78-3845 and (b) 0.689 acres of former right-of-way adjacent to
the 2.123 acre parcel.
PURCHASE
PRICE: $2,300,000
INTENDED
USE: Purchaser intends to re-subdivide the Property into two parcels. One
parcel to be developed as an approximately 13,000 sq. ft. pharmacy
with a 24-hour operation and a drive-through window (during the
hours of 10 a.m. to 10 p.m.) (the "Anchor Store"). The second parcel
to be developed for multi-tenant retail shops (the "Retail Parcel").
RIGHTS AND RESPONSIBILITIES OF CITY:
• City to have right to reacquire Property if construction of Anchor Store has not
commenced within one hundred eighty (180) days after closing. Repurchase price
to be $2,300,000.
• City to have right to reacquire Retail Parcel if construction on remaining
improvements not commenced within one (1) year after completion of Anchor
Store. Repurchase price to be pro-rata portion of purchase price based on acreage
of Retail Parcel.
RIGHTS AND RESPONSIBILITIES OF PURCHASER:
• Pays all costs of development of project, including subdivision of Property for
intended uses.
• Pays $50,000 deposit within ten (10) days of execution of purchase agreement.
Deposit refundable during due diligence period.
• Due diligence period of twelve (12) months for Purchaser to confirm satisfactory
title, environmental, and other requirements of Property (drainage, traffic control,
etc).
• Purchase property from the City at conclusion of due diligence period.
Page lof 2
• Must commence construction of Anchor Store within one hundred eighty (180)
days of closing and complete construction within one (1) year thereafter.
• Must commence construction of Retail Parcel within twelve (12) months of
completion of Anchor Store and complete construction within one (1) year
thereafter.
• Construction of all improvements to be consistent with the Historic Kempsville
Master Plan and the Historic Kempsville CAC Project Review Sub-committee.
• Responsible for any necessary environmental remediation on Property.
• Responsible for obtaining approval from Emmanuel Episcopal Church regarding
Purchaser's landscaping plan.
• Purchaser to have right to assign purchase agreement to a limited liability
company in which S. L. Nusbaum Realty Co., or its affiliate, is a member.
Page 2of 2
-51-
Item -V-J.4
ORDINANCES/RESOL UTIONS
ITEM #64251
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AWARD a License for a portion of City-owned property at 4535 Commerce
StYeet re communications and information needs
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent.•
None
October 21, 2014
1 AN ORDINANCE TO AWARD A LICENSE OF A
2 PORTION OF CITY PROPERTY LOCATED AT
3 4535 COMMERCE STREET INSIDE THE
4 COMMUNICATIONS ROOM AND UNDER THE
5 SPIRE ATOP THE WESTIN TOWER
6
7 WHEREAS, the City of Virginia Beach ("City") owns a condominium unit on the
8 top of the Westin tower at 4535 Commerce Street ("Communications Room");
9
10 WHEREAS, the City purchased the Communications Room for the purpose of
11 installing and utilizing communications equipment to benefit the needs of the City;
12
13 WHEREAS, to support the equipment used in the Communications Room, the
14 City licenses ("License") from Town Center Associates 7, L.L.C. use of all of the space
15 underneath the spire on the roof of the Westin tower ("Spire Space");
16
17 WHEREAS, pursuant to the terms of the License, the City has the right to sub-
18 license use of the Spire Space to third parties and retain all revenues derived from third
19 party licensees;
20
21 WHEREAS, the City received a request from the Commonwealth of Virginia,
22 through the Virginia State Police ("VSP"), to sub-license a portion of the Spire Space for
23 the purpose of maintaining radio broadcasting facilities for a five (5) year term; and
24
25 WHEREAS, the proposed use by VSP would not intertere with the City's use of
26 the Communications Room or the Spire Space.
27
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
31 That the City Manager is hereby authorized to execute a license agreement, for
32 the term of five (5) years, befinreen VSP and the City, for space within the
33 Communications Room and the Spire Space, in accordance with the agreement and
34 such other terms, conditions and modifications as may be acceptable to the City
35 Manager and in a form deemed satisfactory by the City Attorney.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t
38 day of October 2014.
APPROVED AS TO CO TENT: APPROVED AS TO LEGAL SUFFICIENCY:
Comm nication and Information City Attorney's Office
Technology
CA13105
R-1
October 1, 2014
SUMMARY OF TERMS
AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF
CITY PROPERTY LOCATED AT 4535 COMMERCE STREET
INSIDE THE COMMUNICATIONS ROOM AND UNDER THE
SPIRE ATOP THE WESTIN TOWER
LICENSOR: City of Virginia Beach ("City")
LICENSEE: Commonwealth of Virginia, through the Virginia State Police
("VS P")
PREMISES: Approximately 8+/- sq. ft. of space within the communications room
in the Westin tower and 15+/- sq. ft. of space under the spire atop the
Westin tower, located at 4535 Commerce Street (Town Center -
Block 7)
TERM: Five (5) years
LICENSE FEE: VSP will not pay a license fee. VSP will pay the City two thousand
six hundred dollars ($2600) annually during the term of the
agreement as reimbursement for electrical service supplied to VSP
by the City's power source.
PROPOSED USE: Installation and operation of a four channel STARS radio site to
support VSP's radio communications at the oceanfront.
RESTRICTIONS ON USE OF LICENSED AREA:
The placement and operation of all equipment shall not interfere
with the City's equipment and operations at the Westin tower in
either the Communications Room or on the roof.
City to approve, in advance, all equipment and the placement of all
equipment of Licensee.
-52-
Item -V-J.S
ORDINANCES/RESOL UTIONS
ITEM #64252
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to GRANT a Franchise to Entertainment, Inc. for property at the Oceanfront and
1 S`" Street re operation of the Fishing Pier
Yoting: 11-0
Coz.cncil Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 AN ORDINANCE TO GRANT A FRANCHISE
2 TO ENTERTAINMENT, INC. FOR THE USE
3 OF CITY PROPERTY AT THE OCEANFRONT
4 AND 15T" STREET FOR THE OPERATION
s OF THE VIRGINIA BEACH FISHING PIER
6
7 WHEREAS, on May 11, 1962, the City Council originally granted a twenty-
s year franchise to Virginia Beach Pier and Amusement Company ("VBPAC") at the
9 oceanfront and 15th Street for the construction and operation of a fishing and
io amusement pier (the "Virginia Beach Fishing Pier");
11
12 WHEREAS, since the expiration of the original twenty-year franchise,
13 additional five-year franchises and one (1) three-year franchise have been granted to
14 the VBPAC's successor, Entertainment, Inc.;
is
16 WHEREAS, the current franchise expires on October 31, 2014 and
17 Entertainment, Inc. desires to continue operating the pier and its related facilities;
is
19 WHEREAS, Entertainment, Inc. has agreed to make certain repairs and
2o refurbishments to the pier as a condition to the granting of a new franchise;
21
22 WHEREAS, City staff has recommended to the City Council that a
23 franchise be awarded to Entertainment, Inc. for a two-year term, with three (3) additional
24 one-year renewal options; and
25
26 WHEREAS, based on the staff's recommendation and the pier's long-time
27 existence, the City Council finds that granting a franchise for up to five years for the
28 operation of the Virginia Beach Fishing Pier will promote the public interest and serve to
29 enhance the festive atmosphere at the oceanfront.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33
34 1. That a franchise is hereby granted to Entertainment, Inc. to operate
35 the Virginia Beach Fishing Pier at its existing location effective November 1, 2014 until
36 October 31, 2016, with three (3) additional one-year renewal options.
37
38 2. That the City Manager, or his designee, is hereby authorized to
39 execute the franchise agreement with Entertainment, Inc. in accordance with the
ao Summary of Terms attached hereto as Exhibit A and made a part hereof, and such
ai other terms and conditions deemed necessary and sufficient by the City Manager and in
42 a form deemed satisfactory by the City Attorney.
1
43
44
21st Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of October , 2014.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Strategic Gro h Area Office City Attorney ;
CA12977
V:\applications\citylawprod\cycom32\W pdocs\D026\P002\00040994. DOC
R-1
October 9, 2014
a
EXHIBIT A
SUMMARY OF TERMS
Proposed Franchise For Virginia Beach Fishing Pier
Grantor: City of Virginia Beach
Grantee: Entertainment, Inc.
Franchise
Property: "Pier Property" as set forth on Exhibit B(attached)
Initial Term: November 1, 2014 through October 31, 2016.
Renewal Options: Three (3) additional one-year renewal options. Options only
exercised on mutual agreement of both parties.
Franchise Fee: $20,000 for each year of the franchise, to be paid in equal
installments on the 15t" of each June, July, August and
September of each year.
Responsibilities of Grantee:
. Shall keep Pier and Pier Property in good condition and repair.
• Shall provide commercial liability coverage including product liability
coverage in the amount of not less than $1,000,000 (CSL).
• Shall indemnify and hold harmless the Grantor for all claims, damages or
losses resulting from Grantee's operation, occupancy and use of the Pier
and Pier Property or the conduct of its operation, or resulting from the
negligence or intentional acts or omissions of the Grantee.
• Shall maintain financial reserves of at least $100,000 at all times to be
used to repair or remove pier in event of damage or destruction.
• Shall be responsible for payment of all applicable taxes in connection with
the use of the Property.
• Within ninety (90) days of execution of the franchise agreement, Grantee
shall obtain a report documenting the condition of the pier, including the
structural soundness of the pier, from SPC Structural Engineers
documenting necessary repairs needed at the pier (the "SPC Report").
• All repairs recommended will be made within one hundred eighty (180)
days after receipt of the SPC Report and will meet or exceed the
recommendations made in the SPC Report.
• Any repair or repainting referenced in the SPC Report shall be performed
as needed to ensure a consistent state of repair through the term of the
franchise agreement.
• Grantee shall have the right to terminate the Franchise if it is unwilling or
unable to perform the repairs recommended in the SPC Report.
Permitted Uses:
Rental and sale of bait and tackle for fishing.
One or more restaurants with a maximum area of 4,600 square feet each.
Retail stores engaged in the sale of tourist-related merchandise, goods
and/or services. However, the sale of time shares shall be permitted only
from a specified kiosk on the Pier.
Rights and Responsibilities of Grantor:
Shall have the right to inspect the Pier and the Pier Property at all
reasonable times with or without notice to the Grantee.
Shall have the right to cancel and terminate the franchise on written notice
to the Grantee upon failure of the Grantee to cure a default or a breach of
the terms and conditions of the franchise.
Shall have the right, with no compensation to the Grantee, to photograph
the Pier, including the interior and exterior thereof, any persons on and
about the Pier and the name of the Grantee's establishments, and to use
any such photographs in any of the Grantor's publicity or advertising.
Special Conditions:
From November 1 through January 6 of each year, the Grantor shall have
the right to place on the Pier electric lights, electrical wiring, temporary
junctions or fuse boxes and such other equipment needed by Grantor in
connection with a holiday light display on the Virginia Beach oceanfront
boardwalk of the type currently known as "Holiday Lights at the Beach".
Franchise is assignable upon written consent of the City, which consent
may be denied for any reason.
-53-
Item -V-J.6
ORDINANCES/RESOL UTIONS
ITEM #64253
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE the establishment of Cardinal Ambulance Service, Inc. with an
annual EMS Permit re private ambulance Services
Voting: 11-0
Coiincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent.•
None
October 21, 2014
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF
2 CARDINAL AMBULANCE SERVICE, INC. IN VIRGINIA
3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR
4 PROVIDING PRIVATE AMBULANCE SERVICES
5
6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
7 approve the establishment of an emergency medical service organization in the City of
8 Virginia Beach; and
9
10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
11 10.5-2 , any individual or organization that desires to operate an emergency medical
12 services agency or emergency medical services vehicles in Virginia Beach for emergency
13 transport or non-emergency transport purposes must apply for a permit; and
14
15 WHEREAS, a request for establishment and an application for a permit has been
16 received from Cardinal Ambulance Service, Inc.; and
17
18 WHEREAS, this request and application has been recommended for approval by
19 the Virginia Beach Department of Emergency Medical Services; and
20
21 WHEREAS, City Council finds the approval of this request and application is in the
22 best interests of the citizens of Virginia Beach as it will assure continued and adequate
23 emergency services and will preserve, protect and promote the public health, safety and
24 general welfare of the citizens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the request of Cardinal Ambulance Service, Inc. for the establishment of its
30 emergency medical service in the City of Virginia Beach, and its application for an annual
31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is
32 hereby approved and granted, effective immediately and until June 30, 2015.
33 21st
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
35 October , 2014.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
c,--- ? ,-
E rgency Medical Services
City Attorney's Off
CA13134
R-1
October 7, 2014
-54-
Item -V-J.7
ORDINANCES/RESOL UTIONS
ITEM #64254
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE, ACCEPT and DEDICATE an easement located at 4017 and
4025 Wheelgate Lane re drainage improvements at Saw Pen Point
Voting: 11-0
Council Members Yoting Aye.
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1
2
3
4
5
6
7
s
9
lo
11
12
13
14
15
16
17
ls
19
20
al
22
23
24
25
26
27
2s
29
30
31
32
33
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36
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38
39
40
41
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AN ORDINANCE TO AUTHORIZE THE
ACCEPTANCE OF A DEDICATION FROM
MARK F. GARCEA OF A 20' PUBLIC
MAINTENANCE, ACCESS AND DRAINAGE
EASEMENT (APPROXIMATELY 0.226
ACRES) OVER PROPERTY LOCATED AT
4017 AND 4025 WHEELGATE LANE (GPINS:
1488-03-0622 & 1478-93-9349)
WHEREAS, the City of Virginia Beach Public Works Operations Department
desires to improve stormwater drainage in the Saw Point Pen neighborhood;
WHEREAS, the Wheelgate Lane Drainage Improvements Project, CIP 7-416.026
was established to provide an emergency overflow system for the two existing
infiltration inlets by connection with storm pipe and a proposed outfall pipe with
stabilization located between 4017 Wheelgate Lane and 1040 Ducking Point Trail. The
new pipe and outfall pipe will be designed to carry runoff from the ten year rainfall event
and will follow the existing five (5) foot public drainage easement and the proposed
additional twenty (20) foot public maintenance, access and drainage easement to outlet
into the Western Branch of the Lynnhaven River;
WHEREAS, Mark F. Garcea owns the properties located at 4017 and 4025
Wheelgate Lane (collectively, the "Property") over which the twenty (20) foot public
maintenance, access and drainage easement (the "Easement") is to be located, as
shown on the plats attached as Exhibit A; and
WHEREAS, Mr. Garcea has agreed to dedicate the Easement over the Property
to the City in order to resolve the stormwater issues.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That the City Council authorizes the acceptance of the dedication of the
Easement by Mark F. Garcea to the City of Virginia Beach.
2. That the City Manager or his designee is further authorized to execute all
documents that may be necessary or appropriate in connection with accepting the
dedication of the Easement, so long as such documents are acceptable to the City
Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s tday
of October , 2014.
CA13115
R-1
PREPARED: 10/9/14
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-55-
Item -V-J.8a
ORDINANCES/RESOL UTIONS
ITEM #64255
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE and EXECUTE:
a. A Cost Participation Agreement with Green Hill by the Bay
Condominium Owners Association re private sewer conversion
to the City's system
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent.•
None
October 21, 2014
1 AN ORDINANCE AUTHORIZING EXECUTION
2 OF A COST PARTICIPATION AGREEMENT
3 WITH GREEN HILL BY THE BAY
4 CONDOMINIUM OWNERS ASSOCIATION FOR
5 ACCEPTANCE OF A PRIVATE SEWER SYSTEM
6 AND CONVERSION INTO THE CITY'S PUBLIC
7 SEWER SYSTEM
8
9 WHEREAS, Green Hill by the Bay Condominium Owners Association, a Virginia
10 non-stock corporation (the "Association"), is the owner of a private sanitary sewer collection
11 and pump system (the "Sewer System") servicing the residents of Green Hill by the Bay, a
12 condominium made up of 28 single-family detached residences, GPIN 1499-76-7107
13 ("GHBTB");
14
15 WHEREAS, the Sewer System is in need of repair and restoration in order to
16 provide continued service to GHBTB, and in lieu of making the needed repairs, the
17 Association desires that the Sewer System be dedicated to the City of Virginia Beach (the
18 "City") for perpetual operation and maintenance;
19
20 W HEREAS, to defray the costs associated with incorporating the Sewer System into
21 the public system, GHBTB has agreed to contribute $120,000 toward the City's costs;
22
23 WHEREAS, the City has approved the construction of a new pump station to
24 replace the private septic systems currently servicing the 11-residence Green Hill Farms
25 subdivision ("GHF")(CIP 6-201); and
26
27 WHEREAS, it has been determined that the new pump station can be expanded to
28 accommodate GHBTB in addition to GHF, which would provide a mutual benefit by
29 reducing the per-residence cost to the City while relieving the Association of the ongoing
30 responsibility of repair and maintenance of its current Sewer System.
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34
35 1. That the City Manager is hereby authorized to execute a cost participation
36 agreement befinreen the City and Green Hill by the Bay Condominium Owner's Association
37 and to execute all documents necessary to (1) accept on behalf of the City ownership of a
38 private sanitary sewer collection and pump system, and (2) integrate the private system
39 into the City's public sewer system, so long as such documents are in accordance with the
40 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such other
41 terms, conditions or modifications as may be acceptable to the City Manager and in a form
42 deemed satisfactory by the City Attorney.
43
44
45
46
47
48
49
2. That $120,000 from the Green Hill by the Bay Condominium Owners'
Association is hereby accepted and appropriated, with estimated revenue increased
accordingly, to CIP 6-201, "Green Hill Farms Sewer Improvements."
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of
October , 2014.
APPROVED AS TO
CONTEN ?
17
Public Utilities
APPROVED AS TO AVAILABILITY OF
FUNDS:
?
Finance
APPROVED AS TO CONTENT:
Management Services
Management
?o?f.3l, t-(
REQUIRES AN AFF/RMATIVE VOTE
BYA MAJORITY OF ALL THE MEMBERS OF CITY COUNCIL
CA12974
\\vbgov.com\DFS l Wpplications\CityLawProd\cycom32\Wpdocs\D01 8\P019\00148783.DOC
R-1
October 7, 2014
APPROVED AS TO LEGAL
SUFFICIENCY:
-?
„
, .?t. ? P'2 I6.-i-,d aud
.?.
City Attorney's Office ?-/
APPROVED AS TO CONTENT:
2
EXHIBIT B
SUMMARY OF TERMS
CURRENT OWNER OF SEWER SYSTEM AND PUMP STATION:
Green Hill by the Bay Condominium Owners Association
PROPOSED OWNER OF SEWER SYSTEM, NEW PUMP STATION AND
UPGRADES:
City of Virginia Beach - Department of Public
Utilities
SCOPE OF PROJECT: The City will take ownership of Green Hill by the
Bay's ("GHBTB") existing private sewer system
("Sewer System") and construct a new pump station
that will be physically located within the adjacent
subdivision, Green Hill Farms ("GHF"). The City will
make repairs and upgrades to the Sewer System to
meet current City standards, connect the Sewer
System to the new pump station, and relocate the
backyard sewers/connections from GHBTB's private
residences to the City's easement. The City will
maintain the Sewer System in perpetuity.
COST PARTICIPANT: Green Hill by the Bay Condominium Owners
Association
CONSTRUCTION COSTS: Funding for upgrades/replacement of pump stations
throughout the City is provided through CIP 6-041,
and is ongoing. Funding for sanitary sewer service
to GHF specifically is included in CIP 6-201. GHBTB
Condominium Association will contribute $120,000
to the City in consideration of the City's acceptance
of the private sewer system and incorporation of
same into the City's public sewer system. In
addition, GHBTB will convey all of the necessary
easements to the City in order to construct the
project, perform the upgrades, and maintain the
Sewer System.
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-56-
Iteni -V-J.8b
ORDINANCES/RESOL UTIONS
ITEM #64256
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE and EXECUTE:
b. A Feasibility Cost Sharing Agreement with the Army Corps of Engineers re a
study of Lynnhaven Inlet Jetties
Yoting: I1-0
Coatncil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO EXECUTE A FEASIBILITY COST
3 SHARING AGREEMENT AND RELATED
4 ACTIVITIES WITH THE ARMY CORPS OF
5 ENGINEERS TO INITIATE A FEASIBILITY STUDY
6 OF LYNNHAVEN INLET JETTIES
7
8 WHEREAS, the Lynnhaven Inlet federal navigation channel, maintained by the
9 U.S. Army Corps of Engineers (USACE), provides access to the Chesapeake Bay and
10 Atlantic Ocean for commercial fishing vessels, pilot vessels, and a wide range of private
11 recreational vessels; and
12
13 WHEREAS, there is consistent and regular shoaling in the federal navigation
14 channel that threatens navigational safety; and
15
16 WHEREAS, because of the consistent shoaling, the City wishes to partner with
17 the USACE to investigate the feasibility of constructing jetties at the Lynnhaven Inlet
18 entrance channel where it meets the Chesapeake Bay; and
19
20 WHEREAS, jetties are expected to reduce shoaling in the federal channel, which
21 should reduce the frequency of required maintenance dredging events and improve
22 safety for the vessels that navigate the channel; and
23
24 WHEREAS, the City would be required to contribute 50% of the funding required
25 for a feasibility study, which is currently estimated to be $345,400; and
26
27 WHEREAS, the City Council finds it serves the public interest to partner with the
28 USACE in funding a feasibility study for constructing jetties at the Lynnhaven Inlet
29 entrance channel;
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA, THAT:
33
34 The City Manager, or his designee, is hereby authorized and directed to execute
35 a Feasibility Cost Sharing Agreement with the Department of the Army for a feasibility
36 study of Lynnhaven Inlet Jetties, attached hereto as Exhibit A, and the City Manager
37 and City Attorney, or designee, is hereby authorized to execute the required certificates
38 regarding authority and lobbying.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 st day
of October , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Public orks City Attorney
CA13133 / R-1 / October 7, 2014
EXHIBIT A: DRAFT FEASIBILITY COST SHARING AGREEMENT
AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF VIRGINIA BEACH
FOR THE
LYNNHAVEN INLET JETTIES
THIS AGREEMENT is entered into this day of by and
between the Department of the Army (hereinafter the "Government"), represented by the U.S.
Army Engineer, Norfolk District and the City of Virginia Beach (hereinafter the "Non-Federal
Sponsor"), represented by the Water Resources Engineer.
WITNESSETH, THAT:
WHEREAS, the Government received a letter, dated August 20, 2010, from the City of
Virginia Beach in which it stated its desire to participate in a feasibility study for an
implementable solution for continued shoaling and hazard to navi at?ion at the Lynnhaven Inlet,
Virginia Beach, Virginia, and in which it acknowledged its financial responsibilities for the study
and a project, if one is recommended;
WHEREAS, the Secretary of the Army is authorized by Section 107 of the River and
Harbor Act of 1960, Public Law 86-645, as amended (33 U.S.C. 577; hereinafter "Section 107")
to allot from certain appropriations an amount not to exceed $50,000,000 per fiscal year for the
construction of small river and harbor improvements projects and not more than $10,000,000 in
Federal funds shall be allotted for a project at any single locality;
WHEREAS, the Government initiated a feasibility study, to be initially Federally funded
up to $100,000, and during this Federally funded portion the Government determined that the
costs of the feasibility study would exceed $100,000;
WHEREAS, the Government and the City of Virginia Beach desire to enter into an
agreement (hereinafter the "Agreement") to complete the feasibility study (hereinafter the
"Study" as defined in Article I.A. of this Agreement) and to share equally the costs of the Study
that exceed $100,000;
WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public
Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost-sharing requirements applicable
to the Study;
WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing
of the Study in accordance with the terms of this Agreement; and
WHEREAS, the Government and the Non-Federal Sponsor, in connection with this
Agreement, desire to foster a partnering strategy and a working relationship between the
Government and the Non-Federal Sponsor through a mutually developed formal strategy of
commitment and communication embodied herein, which creates an environment where trust and
teamwork prevent disputes, foster a cooperative bond between the Government and the Non-
Federal Sponsor, and facilitate the successful Study.
NOW, THEREFORE, the Government and the Non-Federal Sponsor agree as follows:
ARTICLE I - DEFINITIONS
A. The term "Study" shall mean the activities and tasks required to identify and evaluate
alternatives and the preparation of a decision document that, when appropriate, recommends a
coordinated and implementable solution for continued shoaling and hazard to navi atn at
Lynnhaven Inlet, Virginia Beach, VA. The term includes in-kind contributions described in
paragraph I. of this Article.
B. The term "total study costs" shall mean the sum of all costs incurred by the Non-Federal
Sponsor and the Government in accordance with the terms of this Agreement directly related to
performance of the Study plus the costs of the Study incurred by the Government prior to the
effective date of this Agreement. Subject to the provisions of this Agreement, the term shall
include, but is not necessarily limited to: the Government's costs of plan formulation and
evaluation, including applicable economic, engineering, real estate, and environmental analyses;
the Government's costs of preparation of the decision document for the Study; the costs of in-
kind contributions determined in accordance with Article II.13.3. of this Agreement; the
Government's costs of Agency Technical Review and other review processes required by the
Government; the Government's costs of Independent External Peer Review, if required, except
for the costs of any contract for an Independent External Peer Review panel; the Government's
supervision and administration costs; the Non-Federal Sponsor's and the Government's costs of
participation in the Study Coordination Team in accordance with Article III of this Agreement; the
Government's costs of contract dispute settlements or awards; and the Non-Federal Sponsor's and
the Government's costs of audit in accordance with Article VI.B. and Article VI.C. of this
Agreement. The term does not include the first $100,000 incurred by the Government for the
Study; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part
of reconnaissance studies or feasibility studies under any other agreement or program; any costs
of a contract for an Independent External Peer Review panel; the Non-Federal Sponsor's costs of
negotiating this Agreement; or any costs of negotiating a project partnership agreement for
design and construction of a project or separable element thereof.
2
C. The term "period of study" shall mean the time from the effective date of this
Agreement to the date that the decision document for the study is duly approved by the
Government or the date that this Agreement is terminated in accordance with Article IX of this
Agreement.
D. The term "financial obligations for the study" shall mean the financial obligations of the
Government and the costs for in-kind contributions, as determined by the Government, that result
or would result in costs that are or would be included in total study costs.
E. The term "non-Federal proportionate shaYe" shall mean the ratio of the sum of the
costs included in total study costs for in-kind contributions, as determined by the Government,
and the Non-Federal Sponsor's contribution of funds required by Article II.B.I .b. of this
Agreement to financial obligations for the study, as projected by the Government.
F. The term "Federal prografn funds" shall mean funds provided by a Federal agency,
other than the Department of the Army, plus any non-Federal contribution required as a matching
share therefor.
G. The term "fiscal year" shall mean one year beginning on October 1 and ending on
September 30.
H. The term "PMP" shall mean the project management plan, and any modifications
thereto, developed by the Government, and agreed to by the Non-Federal Sponsor, that specifies
the scope, cost, and schedule for Study activities and guides the performance of the Study through
the period of study.
J. The term "Section 107 Annual Program Limit" shall mean the statutory limitation on
the Government's annual allotment for planning, design, and construction of all projects
implemented pursuant to Section 107 of the River and Harbor Act of 1960, Public Law 86-645,
as amended (33 U.S.C. 577). As of the effective date of this Agreement, such limitation is
$50,000,000.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the United
States (hereinafter the "Congress") and using those funds and funds provided by the Non-Federal
Sponsor, expeditiously shall conduct the Study, applying those procedures usually applied to
Federal projects, in accordance with Federal laws, regulations, and policies. The Non-Federal
Sponsor expeditiously shall perform or provide the in-kind contributions in accordance with
applicable Federal laws, regulations, and policies.
1. To the extent possible, the Government and the Non-Federal Sponsor shall
conduct the Study in accordance with the PMP.
2. The Government shall afford the Non-Federal Sponsor the opportunity to
review and comment on all products that are developed by contract or by Government personnel
during the period of study. The Government shall consider in good faith the comments of the
Non-Federal Sponsor, but the final approval of all Study products shall be exclusively within the
control of the Government.
3. The Government shall afford the Non-Federal Sponsor the opportunity to review
and comment on the solicitations for all Government contracts, including relevant scopes of work,
prior to the Government's issuance of such solicitations. To the extent possible, the Government
shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed
contract modifications, including change orders. In any instance where providing the Non-Federal
Sponsor with notification of a contract modification is not possible prior to execution of the
contract modification, the Government shall provide such notification in writing at the earliest date
possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the
opportunity to review and comment on all contract claims prior to resolution thereof. The
Government shall consider in good faith the comments of the Non-Federal Sponsor, but the
contents of solicitations, award of contracts or commencement of work on the Study using the
Government's own forces, execution of contract modifications, resolution of contract claims, and
performance of all work on the Study, except for in-kind contributions, shall be exclusively within
the control of the Government.
4. At the time the U.S. Army Engineer, Norfolk District (hereinafter the "District
Engineer") furnishes the contractor with the Government's Written Notice of Acceptance of
Completed Work for each contract awarded by the Government for the Study, the District Engineer
shall furnish a copy thereof to the Non-Federal Sponsor.
5. The Non-Federal Sponsor shall afford the Government the opportunity to
review and comment on the solicitations for all contracts for the in-kind contributions, including
relevant scopes of work, prior to the Non-Federal Sponsor's issuance of such solicitations. To
the extent possible, the Non-Federal Sponsor shall afford the Government the opportunity to
review and comment on all proposed contract modifications, including change orders. In any
instance where providing the Government with notification of a contract modification is not
possible prior to execution of the contract modification, the Non-Federal Sponsor shall provide
such notification in writing at the earliest date possible. To the extent possible, the Non-Federal
Sponsor also shall afford the Government the opportunity to review and comment on all contract
claims prior to resolution thereof. The Non-Federal Sponsor shall consider in good faith the
comments of the Government but the contents of solicitations, award of contracts or
commencement of work on the Study using the Non-Federal Sponsor's own forces, execution of
contract modifications, resolution of contract claims, and performance of all work on in-kind
contributions shall be exclusively within the control of the Non-Federal Sponsor.
4
6. At the time the Non-Federal Sponsor furnishes a contractor with a notice of
acceptance of completed work for each contract awarded by the Non-Federal Sponsor for in-kind
contributions, the Non-Federal Sponsor shall furnish a copy thereof to the Government.
B. The Non-Federal Sponsor shall contribute 50 percent of total study costs in accordance
with the provisions of this paragraph.
1. The Non-Federal Sponsor shall provide a contribution of funds as determined
below:
a. If the Government projects at any time that the collective value of the
Non-Federal Sponsor's contributions listed in the next sentence will be less than the Non-Federal
Sponsor's required share of 50 percent of total study costs, the Government shall determine the
amount of funds that would be necessary to meet the Non-Federal Sponsor's required share without
considering the credit the Government projects will be afforded for in-kind contributions
pursuant to paragraph B.4. of this Article. The Government shall determine the amount of funds
that would be necessary by subtracting from the Non-Federal Sponsor's required share of 50
percent of total study costs the collective value of the Non-Federal Sponsor's contributions under
Article III and Article VI of this Agreement.
b. The Non-Federal Sponsor shall provide funds in the amount determined
by this paragraph in accordance with Article IV.B. of this Agreement. To determine the
contribution of funds the Non-Federal Sponsor shall provide, the Government shall reduce the
amount determined in accordance with paragraph B.1.a. of this Article by the amount of credit
the Government projects will be afforded for in-kind contributions pursuant to paragraph B.4. of
this Article.
2. The Government, subject to the availability of funds and as limited by paragraph
B.S. of this Article and the Section 107 Annual Program Limit, shall refund or reimburse to the
Non-Federal Sponsor any contributions in excess of 50 percent of total study costs if the
Government determines at any time that the collective value of the following has exceeded 50
percent of total study costs: (a) the Non-Federal Sponsor's contribution of funds required by
paragraph B.l .b. of this Article; (b) the amount of credit to be afforded for in-kind contributions
pursuant to paragraph B.4. of this Article; and (c) the value of the Non-Federal Sponsor's
contributions under Article III and Article VI of this Agreement.
3. The Government shall determine and include in total study costs any costs
incurred by the Non-Federal Sponsor for in-kind contributions, subject to the conditions and
limitations of this paragraph. The Non-Federal Sponsor in a timely manner shall provide the
Government with such documents as are sufficient to enable the Government to determine the
amount of costs to be included in total study costs for in-kind contributions.
a. Acceptance by the Government of in-kind contributions shall be subject
to a review by the Government to verify that all economic, engineering, real estate, and
environmental analyses or other items performed or provided as in-kind contributions are
accomplished in a satisfactory manner and in accordance with applicable Federal laws,
regulations, and policies, and to verify that all analyses, services, materials, supplies, and other
in-kind services provided as in-kind contYibutions are necessary for the Study.
b. The Non-Federal Sponsor's costs for in-kind contributions that may be
eligible for inclusion in total study costs pursuant to this Agreement shall be subject to an audit
in accordance with Article VI.C. of this Agreement to determine the reasonableness, allocability,
and allowability of such costs.
c. The Non-Federal Sponsor's costs for in-kind contributions that may be
eligible for inclusion in total study costs pursuant to this Agreement are not subject to interest
charges, nor are they subject to adjustment to reflect changes in price levels between the time the
in-kind contributions are provided and the time the costs are included in total study costs.
d. The Government shall not include in total study costs any costs for in-
kind contributions paid by the Non-Federal Sponsor using Federal program funds unless the
Federal agency providing the funds verifies in writing that such funds are authorized to be used to
carry out the Study.
e. The Government shall not include in total study costs any costs for in-
kind contributions in excess of the Government's estimate of the costs of the in-kind
contributions if the services, materials, supplies, and other in-kind services had been provided by
the Government.
4. The Government, in accordance with this paragraph, shall afford credit toward
the amount of funds determined in accordance with paragraph B.l.a. of this Article for the costs
of in-kind contributions determined in accordance with paragraph B.3. of this Article. However,
the maximum amount of credit that can be afforded for in-kind contributions shall not exceed the
least of the following amounts as determined by the Government: the amount of funds
determined in accordance with paragraph B.l .a. of this Article; the costs of in-kind contributions
determined in accordance with paragraph B.3. of this Article; or 50 percent of total study costs.
5. Notwithstanding any other provision of this Agreement, the Non-Federal
Sponsor shall not be entitled to reimbursement of any costs of in-kind contributions determined
in accordance with paragraph B.3. of this Article and included in total study costs that exceed the
amount of credit afforded for in-kind contributions determined in accordance with paragraph B.4.
of this Article and the Non-Federal Sponsor shall be responsible for 100 percent of all costs of
in-kind contributions included in total study costs that exceed the amount of credit afforded.
C. Notwithstanding any other provision of this Agreement, Federal financial participation
in the Study is limited by the following provisions of this paragraph.
1. In the event the Government projects that the amount of Federal funds the
6
Government will make available to the Study through the then-current fiscal year, or the amount
of Federal funds the Government will make available for the Study through the upcoming fiscal
year-, is not sufficient to meet the Federal share of total study costs that the Government projects
to be incurred through the then-current or upcoming fiscal year, as applicable, the Government
shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the
Government projects that the Federal funds that will have been made available to the Study will
be exhausted. Upon the exhaustion of Federal funds made available by the Government to the
Study, future performance under this Agreement shall be suspended and the parties shall proceed
in accordance with Article IX.C. of this Agreement.
2. If the Government determines that the total amount of Federal funds provided
by Congress for all studies and projects implemented pursuant to Section 107 has reached the
Section 107Annual Program Limit, and the Government projects that the Federal funds the
Government will make available to the Study within the Section 107 Annual Program Limit will
not be sufficient to meet the Federal share of total study costs, the Government shall notify the
Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government
projects that the Federal funds that will have been made available to the Study will be exhausted.
Upon the exhaustion of Federal funds made available by the Government to the Study within the
Section 107 Annual Program Limit, future performance under this Agreement shall be suspended
and the parties shall proceed in accordance with Article IX.C. of this Agreement.
ARTICLE III - STUDY COORDINATION TEAM
A. To provide for consistent and effective communication, the Non-Federal Sponsor and
the Government, not later than 30 calendar days after the effective date of this Agreement, shall
appoint named senior representatives to a Study Coordination Team. Thereafter, the Study
Coordination Team shall meet regularly until the end of the peYiod of study. The Government's
Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Study
Coordination Team.
B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall
keep the Study Coordination Team informed of the progress of the Study and of significant pending
issues and actions, and shall seek the views of the Study Coordination Team on matters that the
Study Coordination Team generally oversees.
C. Until the end of the period of study, the Study Coordination Team shall generally
oversee the Study; including matters related to: plan formulation and evaluation, including
applicable economic, engineering, real estate, and environmental analyses; scheduling of reports
and work products; independent technical review and other review processes required by the
Government; completion of all necessary environmental coordination and documentation; contract
awards and modifications; contract costs; the Government's cost projections; the performance of,
scheduling, and determining the value of in-kind contributions; determination of anticipated
future requirements for real property and relocation requirements and performance of operation,
7
maintenance, repair, rehabilitation, and replacement of the proposed project including anticipated
requirements for permits; and other matters related to the Study. This oversight of the Study shall
be consistent with the PMP.
D. The Study Coordination Team may make recommendations to the District Engineer
on matters related to the Study that the Study Coordination Team generally oversees, including
suggestions to avoid potential sources of dispute. The Government in good faith shall consider the
recommendations of the Study Coordination Team. The Government, having the legal authority
and responsibility for performance of the Study has the discretion to accept or reject, in whole or in
part, the Study Coordination Team's recommendations.
E. The Non-Federal Sponsor's costs of participation in the Study Coordination Team
shall be included in total study costs and shared in accordance with the provisions of this
Agreement, subject to an audit in accordance with Article VI.C. of this Agreement to determine
reasonableness, allocability, and allowability of such costs. The Government's costs of
participation in the Study Coordination Team shall be included in total study costs and shared in
accordance with the provisions of this Agreement.
ARTICLE IV - METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall maintain
current recards and provide to the Non-Federal Sponsor current projections of costs, financial
obligations, the contributions provided by the parties, the costs included in total study costs for
in-kind contributions determined in accordance with Article II.13.3. of this Agreement, and the
credit to be afforded for in-kind contributions pursuant to Article II.B.4. of this Agreement.
1. As of the effective date of this Agreement, total study costs are
projected to be $690,800; the value of the Non-Federal Sponsor's contributions under Article III
and Article VI of this Agreement is projected to be $0.00; the amount of funds determined in
accordance with Article II.B.l.a. of this Agreement is projected to be $0.00; the costs included in
total study costs for in-kind contributions determined in accordance with Article II.13.3. of this
Agreement are projected to be $0.00; the credit to be afforded for in-kind contributions pursuant
to Article II.13.4. of this Agreement is projected to be $0.00; the Non-Federal Sponsor's
contribution of funds required by Article II.B.l .b. of this Agreement is projected to be $345,400
and the non-Federal proportionate share is projected to be 50 percent. These amounts and
percentage are estimates subject to adjustment by the Government, after consultation with the
Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the
Government and the Non-Federal Sponsor.
2. By December 1,2014 and by each quarterly anniversary thereof until the
conclusion of the period of study and resolution of all relevant claims and appeals, the
Government shall provide the Non-Federal Sponsor with a report setting forth all contributions
provided to date and the current projections of the following: total study costs; the value of the
Non-Federal Sponsor's contributions under Article III and Article VI of this Agreement; the
amount of funds determined in accordance with Art icle II.B.I .a. of this Agreement; the costs
included in total study costs for in-kind contributions determined in accordance with Article
II.13.3. of this Agreement; the credit to be afforded for in-kind contributions pursuant to Article
II.13.4. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article
II.B.l .b. of this Agreement; and the non-Federal proportionate share.
B. The Non-Federal Sponsor shall provide the contribution of funds required by Article
II.B. l.b. of this Agreement in accordance with the provisions of this paragraph.
1. Not less than 7 calendar days after the effective date of this Agreement, the
Government shall notify the Non-Federal Sponsor in writing of the funds the Government
determines to be required from the Non-Federal Sponsor to meet its projected share under Article
II.B.I .b. of this Agreement. Within 30 calendar days of receipt of such notice, the Non-Federal
Sponsor shall provide the Government with the full amount of such required funds by delivering
a check payable to "FAO, USAED, CENAO, E4" to the District Engineer, or verifying to the
satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds
in an escrow or other account acceptable to the Government, with interest accruing to the Non-
Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable
to the Government for such required funds, or by providing an Electronic Funds Transfer of such
required funds in accordance with procedures established by the Government.
2. The Government shall draw from the funds provided by the Non-Federal
Sponsor such sums as the Government deems necessary, when considered with any amount that
will be waived by the Government pursuant to Article II.G. of this Agreement and any credit the
Government projects will be afforded for in-kind contributions pursuant to Article II.B.4. of this
Agreement, to cover: (a) the non-Federal pYOpoYtionate share of financial obligations for the
study incurred prior to the commencement of the period of study; and (b) the non-Federal
proportionate share of financial obligations for the study as financial obligations for the study
are incurred. If at any time the Government determines that additional funds will be needed from
the Non-Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations,
the Government shall notify the Non-Federal Sponsor in writing of the additional funds required
and provide an explanation of why additional funds are required. Within 60 calendar days from
receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full
amount of such additional required funds through any of the payment mechanisms specified in
paragraph B.1. of this Article.
C. Upon conclusion of the period of study and resolution of all relevant claims and
appeals, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor
with written notice of the results of such final accounting. If outstanding relevant claims and
appeals prevent a final accounting from being conducted in a timely manner, the Government
shall conduct an interim accounting and furnish the Non-Federal Sponsor with written notice of
the results of such interim accounting. Once all outstanding relevant claims and appeals are
resolved, the Government shall amend the interim accounting to complete the final accounting
9
and furnish the Non-Federal Sponsor with written notice of the results of such final accounting.
The interim or final accounting, as applicable, shall determine total study costs, each parly's
required share thereof, and each party's total contributions thereto as of the date of such
accounting.
1. Should the interim or final accounting, as applicable, show that the Non-
Federal Sponsor's total required share of total study costs exceeds the Non-Federal Sponsor's
total contributions provided thereto, the Non-Federal Sponsor, no later than 90 calendar days
after receipt of written notice from the Government, shall make a payment to the Government in
an amount equal to the difference by delivering a check payable to "FAO, USAED, CENAO E4"
to the District Engineer or by providing an Electronic Funds Transfer in accordance with
procedures established by the Government.
2. Should the interim or final accounting, as applicable, show that the total
contributions provided by the Non-Federal Sponsor for total study costs exceed the Non-Federal
Sponsor's total required share thereof, the Government, subject to the availability of funds and as
limited by Article II.B.S. of this Agreement and the Section 107 Annual Program, shall refund or
reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of
completion of such accounting. In the event the Non-Federal Sponsor is due a refund or
reimbursement and funds are not available to refund or reimburse the excess amount to the Non-
Federal Sponsor, the Government shall seek such appropriations as are necessary to make the
refund or reimbursement.
D. The Non-Federal Sponsor shall provide funds in the amount determined by this
paragraph in accordance with the provisions of this paragraph.
1. Not later than 60 calendar days after the effective date of this Agreement, the
Government shall determine that portion of financial obligations for the study incurred prior to the
commencement of the period of study and furnish the Non-Federal Sponsor with written notice
of the results of such determination. If outstanding relevant claims and appeals prevent a final
determination of that portion of financial obligations for the study incurred prior to the
commencement of the period of study from being conducted in a timely manner, the Government
shall prepare an interim determination of that portion of financial obligations for the study
incurred prior to the commencement of the period of study and furnish the Non-Federal Sponsor
with written notice of the results of such interim determination. Once all outstanding relevant
claims and appeals are resolved, the Government shall amend the interim determination to
complete the final determination and furnish the Non-Federal Sponsor with written notice of the
results of such final determination of that portion of financial obligations for the study incurred
prior to the commencement of the period of study. The interim or final determination, as
applicable, shall determine that portion of financial obligations for the study incurred prior to the
commencement of the period of study and each party's required share thereof.
2. The Government shall calculate four equal installments for payment of the
Non-Federal Sponsor's required 50 percent share of that portion of financial obligations for the
10
study incurred prior to the commencement of the period of study. The Government shall notify
the Non-Federal Sponsor in writing of the Non-Federal Sponsor's required share of that portion
of financial obligations for the study incurred prior to the commencement of the period of study
and the amount of each installment.
3. The Non-Federal Sponsor shall pay the installments calculated pursuant to
paragraph D.2. of this Article upon each six month anniversary of the date the Government
notifies the Non-Federal Sponsor of the Non-Federal Sponsor's required share of that portion of
financial obligations for the study incurred prior to the commencement of the period of study and
the amount of the installments by delivering a check payable to "FAO, USAED, CENAO E4" to
the District Engineer or providing an Electronic Funds Transfer in accordance with procedures
established by the Government.
ARTICLE V - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement, that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
through negotiation, they may agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an
equal share of any costs for the services provided by such a third party as such costs are incurred.
The existence of a dispute shall not excuse the parties from performance pursuant to this
Agreement.
ARTICLE VI - MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement, the
Government and the Non-Federal Sponsor shall develop procedures for keeping books, records,
documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement.
These procedures shall incorporate, and apply as appropriate, the standards for financial
management systems set forth in the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The
Government and the Non-Federal Sponsor shall maintain such books, records, documents, or other
evidence in accordance with these procedures and for a minimum of three years after completion of
the accounting for which such books, records, documents, or other evidence were required. To the
extent permitted under applicable Federal laws and regulations, the Government and the Non-
Federal Sponsor shall each allow the other to inspect such books, records, documents, or other
evidence.
B. In accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor is responsible for
complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507), as implemented
by OMB Circular No. A-133 and Deparhnent of Defense Directive 7600.10. Upon request of the
11
Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations, the
Govenunent shall provide to the Non-Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The
costs of any non-Federal audits performed in accordance with this paragaph shall be allocated in
accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated
to the Study shall be included in total study costs and shared in accordance with the provisions of
this Agreement.
C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in addition to
any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act
Amendments of 1996. Any such Government audits shall be conducted in accordance with
Government Auditing Standards and the cost principles in OMB Circular A-87 and other applicable
cost principles and regulations. The costs of Government audits performed in accordance with this
paragraph shall be included in total study costs and shared in accordance with the provisions of this
Agreement.
ARTICLE VII - FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations under this Agreement, the Non-
Federal Sponsor and the Government shall comply with all applicable Federal and State laws and
regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public
Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant
thereto and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the Department of the Army".
ARTICLE VIII - RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement, the
Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be
considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement, neither party shall
provide, without the consent of the other party, any contractor with a release that waives or purports
to waive any rights the other party may have to seek relief or redress against that contractor either
pursuant to any cause of action that the other party may have or for violation of any law.
ARTICLE IX - TERMINATION OR SUSPENSION
A. Prior to conclusion of the period of study, upon 30 calendar days written notice to the
other party, either party may elect without penalty to terminate this Agreement or to suspend
future performance under this Agreement. In the event that either party elects to suspend future
12
performance under this Agreement pursuant to this paragraph, such suspension shall remain in
effect until either the Government or the Non-Federal Sponsor elects to terminate this
Agreement.
B. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this
Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or
suspend future performance under this Agreement unless the Assistant Secretary of the Army (Civil
Works) determines that continuation of performance of the Study is in the interest of the United
States or is necessary in order to satisfy agreements with any other non-Federal interests in
connection with the Study.
C. In the event future performance under this Agreement is suspended pursuant to Article
II.C. of this Agreement, such suspension shall remain in effect until such time that the
Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are
available to meet the Federal share of total study costs the Government projects to be incurred
through the then-current or upcoming fiscal year, or the Government or the Non-Federal Sponsor
elects to terminate this Agreement.
D. In the event that this Agreement is terminated pursuant to this Article, the parties shall
conclude their activities relating to the Study and conduct an accounting in accordance with Article
IV.C. of this Agreement. To provide for this eventuality, the Government may reserve a
percentage of total Federal funds made available for the Study and an equal percentage of the
total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.l .b. of this
Agreement as a contingency to pay costs of termination, including any costs of resolution of
contract claims and contract modifications. Upon termination of this Agreement, all data and
information generated as part of the Study shall be made available to the parties to the
Agreement.
E. Any termination of this Agreement or suspension of future performance under this
Agreement in accordance with this Article shall not relieve the parties of liability for any obligation
previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged
interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the
average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date
on which such payment became delinquent, or auctioned immediately prior to the beginning of each
additional 3 month period if the period of delinquency exceeds 3 months.
ARTICLE X - NOTICES
A. Any notice, request, demand, or other communication required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows:
13
If to the Non-Federal Sponsor:
City of Virginia Beach
Water Resources Engineer
Municipal Center - Building 2
2405 Courthouse Drive, Room 345
Virginia Beach, Virginia 23456
If to the Government:
District Engineer, Norfolk District,
803 Front Street, Norfolk, VA 23510,
Attention: Gregory C. Steele (CENAO-WR-P)
B. A party may change the address to which such communications are to be directed by
giving written notice to the other party in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this Article
shall be deemed to have been received by the addressee at the earlier of such time as it is actually
received or seven calendar days after it is mailed.
ARTICLE XI - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to maintain the
confidentiality of exchanged information when requested to do so by the providing party.
ARTICLE XII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this
Agreement.
ARTICLE XIII - OBLIGATIONS OF FUTURE APPROPRIATIONS
A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future
appropriations by the Non-Federal Sponsor, where creating such an obligation would be
inconsistent with the Constitution of the Commonwealth of Virginia, the Code of Virginia, or the
Charter of the City of Virginia Beach.
B. The Non-Federal Sponsor intends to fulfill its obligations under this Agreement. The
14
Non-Federal Sponsor shall include in its budget request or otherwise propose appropriations of
funds in amounts sufficient to fulfill these obligations for that year, and shall use all reasonable
and lawful means to secure those appropriations. The Non-Federal Sponsor reasonably believes
that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated
and made available for this purpose. In the event funds are not appropriated in amounts
sufficient to fulfill these obligations, the Non-Federal Sponsor shall use its best efforts to satisfy
any requirements for payments or contributions of funds under this Agreement from any other
source of funds legally available for this purpose. Further, if the Non-Federal Sponsor is unable
to fulfill these obligations, the Government may exercise any legal rights it has to protect the
Government's interests related to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall
become effective upon the date it is signed by the:
DEPARTMENT OF THE ARMY
BY:
PAUL B. OLSEN, PE
Colonel, U.S. Army
Commanding
DATE:
THE CITY OF VIRGINIA. BEACH
BY:
JAMES K. SPORE
City Manager
DATE:
15
CERTIFICATE OF AUTHORITY
I, Mark D. Stiles, do hereby certify that I am the principal legal officer of the City of Virginia
Beach, that the City of Virginia Beach is a legally constituted public body with full authority and legal
capability to perform the terms of the Agreement between the Department of the Army and the City of
Virginia Beach in connection with the feasibility study far the Lynnhaven Jetties Feasibility Study, and
to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this
Agreement and that the persons who have executed this Agreement on behalf of the City of Virginia
Beach have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 20_
Mark D. Stiles
City Attorney
Date:
16
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by ar on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
James K. Spore
City Manager
DATE:
17
-57-
Item -VJ.9
ORDINANCES/RESOL UTIONS
ITEM #64257
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE the acquisition of two (2) Agricultural Land Preservation
(ARP) easements at Charity Neck Road, owned by the Betty Whitehurst Trust DISTRICT 7- PRINCESS
ANNE
Voting: 10-1
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, Mayor William D. Sessoms, Jr.,
Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and
James L. Wood
Coaincil Members Voting Nay:
John D. Moss
Council Members Absent:
None
October 21, 2014
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $142,732 (PROPERTY OF THE BETTY D. WHITEHURST
6 DECLARATION OF TRUST)
7
8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
10 presented to the City Council a request for approval of an Installment Purchase Agreement
11 (the form and standard provisions of which have been previously approved by the City
12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
14 Installment Purchase Agreement) on certain property located in the City and more fully
15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
16 $142,732; and
17
18 WHEREAS, the aforesaid Development Rights shall be acquired through the
19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
20 compliance with, the requirements of the Ordinance; and
21
22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
23 purchase as evidenced by the Installment Purchase Agreement.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. The City Council hereby determines and finds that the proposed terms and
29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
30 Agreement, including the purchase price and manner of payment, are fair and reasonable
31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
32 is hereby authorized to approve, upon or before the execution and delivery of the
33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
34 balance of the purchase price set forth hereinabove as the greater of 3.0% per annum or
35 the per annum rate which is equal to the yield on United States Treasury STRIPS
36 purchased by the City to fund such unpaid principal balance; provided, however, that such
37 rate of interest shall not exceed 5.0% unless the approval of the City Council by resolution
38 duly adopted is first obtained.
39
40 2. The City Council hereby further determines that funding is available for the
41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
42 the terms and conditions set forth therein.
43
44 3. The City Council hereby expressly approves the Installment Purchase
45 Agreement and, subject to the determination of the City Attorney that there are no defects
46 in title to the property or other restrictions or encumbrances thereon which may, in the
47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
48 Manager or his designee to execute and deliver the Installment Purchase Agreement in
49 substantially the same form and substance as approved hereby with such minor
50 modifications, insertions, completions or omissions which do not materially alter the
51 purchase price or manner of payment, as the City Manager or his designee shall approve.
52 The City Council further directs the City Clerk to affix the seal of the City to, and attest
53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
54 incurrence of the indebtedness represented by the issuance and delivery of the Installment
55 Purchase Agreement.
56
57 4. The City Council hereby elects to issue the indebtedness under the Charter
58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
59 the indebtedness a contractual obligation bearing the full faith and credit of the City.
60
61 5. The City Council hereby transfers $142,732 from the Agricultural Reserve
62 Program Special Revenue Fund (161) to the General Debt Fund (302).
63
64 Adoption requires an affirmative vote of a majority of all members of the City
65 Council.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 s tday of
68 October 2014.
,
APPROVED AS TO CONTENT
Agriculture Department
APPROVED AS TO CONTENT:
Management Services
CERTIFIED AS TO AVAILABILITY
OF FUNDS:
&k aA?L tp,
Director of Finance
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
\Cbg l 298
S1V+pplications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC
R-2
Date: October 8, 2014
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2013-133
SUMMARY OF TERMS
SELLER: The Betty D. Whitehurst Declaration of Trust
PROPERTY LOCATION: 4384/4392/4394 Charity Neck Road
PURCHASE PRICE: $142,732
EASEMENT AREA: 41.98 acres, more or less
DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (2 reserved by Seller for
existing duplex on the property)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.0% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 5.0% without
approval of City Council.
TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of the IPA.
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46
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$344,842 (PROPERTY OF THE BETTY D. WHITEHURST
DECLARATION OF TRUST)
WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
"Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
presented to the City Council a request for approval of an Installment Purchase Agreement
(the form and standard provisions of which have been previously approved by the City
Council, a summary of terms of which is hereto attached, and a copy of which is on file in
the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in the City and more fully
described in Exhibit B of the Installment Purchase Agreement for a purchase price of
$344,842; and
WHEREAS, the aforesaid Development Rights shall be acquired through the
acquisition of a perpetual agricultural land preservation easement, as defined in, and in
compliance with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe
purchase as evidenced by the Installment Purchase Agreement.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that the proposed terms and
conditions of the purchase of the Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment, are fair and reasonable
and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
is hereby authorized to approve, upon or before the execution and delivery of the
Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
balance of the purchase price set forth hereinabove as the greater of 3.0% per annum or
the per annum rate which is equal to the yield on United States Treasury STRIPS
purchased by the City to fund such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 5.0% unless the approval of the City Council by resolution
duly adopted is first obtained.
2. The City Council hereby further determines that funding is available for the
acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
the terms and conditions set forth therein.
3. The City Council hereby expressly approves the Installment Purchase
Agreement and, subject to the determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances thereon which may, in the
47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
48 Manager or his designee to execute and deliver the Installment Purchase Agreement in
49 substantially the same form and substance as approved hereby with such minor
50 modifications, insertions, completions or omissions which do not materially alter the
51 purchase price or manner of payment, as the City Manager or his designee shall approve.
52 The City Council further directs the City Clerk to affix the seal of the City to, and attest
53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
54 incurrence of the indebtedness represented by the issuance and delivery of the Installment
55 Purchase Agreement.
56
57 4. The City Council hereby elects to issue the indebtedness under the Charter
58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
59 the indebtedness a contractual obligation bearing the full faith and credit of the City.
60
61 5. The City Council hereby transfers $344,842 from the Agricultural Reserve
62 Program Special Revenue Fund (161) to the General Debt Fund (302).
63
64 Adoption requires an affirmative vote of a majority of all members of the City
65 Council.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 s t day of
68 October ,2014.
APPROVED AS TO CONTENT:
Agriculture Department
APPROVED AS TO CONTENT:
Management Services
CERTIFIED AS TO AVAILABILITY
OF FUNDS:
\
&4 et. I"
Director of Finance
APPROVED AS TO LEGAL SUFFICIENCY:
i
?
City Attorney's Office ?
CA12975
\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC
R-2
Date: October 8, 2014
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2013-134
SUMMARY OF TERMS
SELLER: The Betty D. Whitehurst Declaration of Trust
PROPERTY LOCATION: 4369 Charity Neck Road
PURCHASE PRICE: $344,842
EASEMENT AREA: 42.26 acres, more or less
DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (1 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.0% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 5.0% without
approval of City Council.
TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of the IPA.
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-58-
Item -V-J.IO
ORDINANCES/RESOL UTIONS
ITEM #64258
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into City-owned property to Michael
and Lynda Tubridy re maintaining an existing walk, construct and maintain a fence and landscaping at
205 Aqua Lane DISTRICT 6- BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into City-owned
property to Michael and Lynda Tubridy re maintaining an existing walk,
construct and maintain a fence and landscaping at 205 Aqua Lane
(Staff recommends: DENIAL) (GPIN 2426386467) DISTRICT 6-
BEACH
The following conditions shall be required:
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of
ViNginia, the City of Virginia Beach and with the Ciry's specifications and
approval.
2. Nothing herein shall pYOhibit the City from immediately removing, or ordering
the Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity, and
Grantee shall bear all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee; and, that the Grantee will
bear all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify,
hold harmless, and defend the City, its agents and employees, from and against
all claims, damages, losses and expenses, including reasonable Attorney's fees,
in case it shall be necessary to file or defend an action arising out of the
construction, location or existence of the Temporary Encroachment.
5. It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance
or construction of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
6 It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
October 21, 2014
-59-
Itenz -V-J.10
ORDINANCES/RESOL UTIONS
ITEM #64258(Continued)
7. It is further expressly understood and agreed that the Grantee must obtain and
keep in effect liability insurance with the City as a named insured in an amount
not less than $500,000.00, per person injured and property damage per incident,
combined, with the City listed as an additional insured. The company providing
the insurance must be registered and licensed to provide insurance in the
Commonwealth of Virginia. The Grantee will provide endorsements providing at
least thirry (30) days written notice to the Ciry prior to the cancellation or
termination of, or material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location and/or existence of the Temporary Encroachment.
8. It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setback requirements, as established by the City.
9. It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a
Registered Professional Engineer or a licensed Land Surveyor, and/or "as built"
plans of the Temporary Encroachment sealed by a Registered Professional
Engineer, if required by either the Department of Public Works City Engineer's
Office or the Engineering Division of the DepaYtment of Public Utilities.
10. It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in
any manner provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of the Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied
if it were owned by the Grantee; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City may impose a penalty in
the sum of One Hundred Dollars ($100.00) per day for each and every day the
Temporary Encroachment is allowed to continue thereafter and may collect such
compensation and penalties in any manner provided by law for the collection of
local or state taxes.
Voting: 11-0
Coaincil Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 AN ORDINANCE TO AUTHORIZE
2 TEMPORARY ENCROACHMENTS INTO A
3 PORTION OF THE CITY RIGHT-OF-WAY
4 KNOWN AS AQUA LANE BY MICHAEL
5 AND LYNDA TUBRIDY
6
7 WHEREAS, Michael and Lynda Tubridy desire to maintain an existing flagstone
8 walk, and to construct and maintain a 4-foot vinyl fence and landscaping 14 feet into a
9 portion of City right of way known as Aqua Lane (50') located at 205 Aqua Lane, in the
10 City of Virginia Beach, Virginia.
11
12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
13 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
14 City's property known as Aqua Lane subject to such terms and conditions as Council
15 may prescribe.
16
17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael and Lynda Tubridy
22 their heirs, assigns and successors in title are authorized to maintain an existing
23 flagstone walk, and to construct and maintain a temporary encroachment of a 4-foot
24 vinyl fence and landscaping 14 feet into the City's property known as Aqua Lane and as
25 shown on the map marked Exhibit "A" and entitled: "EXHIBIT A SHOWS
26 ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND LANDSCAPING FOR
27 MIKE & LINDA TUBRIDY," a copy of which is on file in the Department of Public Works
28 and to which reference is made for a more particular description; and
29
30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
31 subject to those terms, conditions and criteria contained in the Agreement between the
32 City of Virginia Beach and Michael and Lynda Tubridy (the "Agreement"), a summary of
33 terms is attached hereto as Exhibit B; and
34
35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
36 is hereby authorized to execute the Agreement; and
37
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as Michael and Lynda Tubridy and the City Manager or his authorized designee
40 execute the Agreement.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 st day
43 of October , 2014.
APPROVED AS TO CONTENT
C ? C. J?Js?
P LIC WORKS / REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
?f? -
CITY A TORN Y
CA12972
\\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D002\P018\00152415.doc
R-1
October 8, 2014
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this day of , 2014, by
and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MICHAEL TUBRIDY and LYNDA
T.UBRIDY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 10A" as shown that certain plat entitled:
"RESUBDIVISION OF PROPERTY LOTS 9, 10 & ADJOINING WESTERN 75 OF
CLOSED ALLEY BLOCK 17 CROATAN BEACH (M.B.24, P.37) VIRGINIA BEACH,
VIRGINIA, SCALE 1"=30', NOVEMBER 5, 2002, prepared by GALLUP SURVEYORS
AND ENGINEERS, LTD. ," and said plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia as Instrument Number 200212263085291,
and being further designated, known, and described as 205 Aqua Lane, Virginia Beach,
Virginia 23451;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way known as Aqua Lane (50' R/W) the "Encroachment Area"; and
GPIN: CITY RIGHT OF WAY - 2426-38-6467-0000; (205 Aqua Lane)
WHEREAS, it is proposed by the Grantee to maintain an existing stone
paver walkway, and construct and maintain a four (4) foot vinyl fence and landscaping,
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, the Grantee has requested that the City permit the
Temporary Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
SHOWS ENCROACHMENT ONTO CITY PROPERTY FOR
FENCE AND LANDSCAPING FOR MIKE & LINDA
TURBIDY;" a copy of which is at#ached hereto as Exhibit "A° -
and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
2
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understaod and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
I
contingent, with relation to the construction, location, andlor existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
a
iN WITNESS WHEREOF, Michael Tubridy and Lynda Tubridy, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
1;
CITY OF VIRGINIA BEACH
gy (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Numbe; :
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2014, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Public
Notary Registration Numaer:
My Commission Expires:
(SEAL)
0?
By
STATE OF
CITY/COUNTY OF knCt. ? .34---
to-wit:
Mic6ael Tubridy, Owner
By
Lynda; ubridy, Owner
, i
?. ?
The foregoing instrument was acknowledged before me this '?+? day of
_ , 2014, by Michael Tubridy, Owner.
C,,- J.Z?&?_(SEAL)
ryublic
Votary Registration Number: #0(of{I l
My Commission Expires: 6a -A6-' ;20t
STATE OF / -
CITY/COUNTY OF h? !,L to-wit:
.?,..,.__ ....
JOYCE A BUTTeRFIELD
Notary Public
Commonwealth of Yrgini?
4064111
My Cortarission Explms Feb 28, 2015
jj
The foregoing instrument was acknowledged before me this ? day of
_, 2014, by Lynda Tubridy.
.4- ?1? (SEAL)
N a Public
iNotary Registration Number:
My Commission Expires: -?!S-
7
.?.._...?..-
JOYCE A. BUl TERFIELD
Notary Public
C?mmonwealth of Yr9inia
4064111
My Commission Expires Feb 28, 2015
APPROVED AS TO CONTENTS
,
,
:Gi;;rl-lz,4- ( , r
(S1C; NATU RE
.?? 1-f, 1L'
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
?
D A . A YER,
ASSOCIATE CiTY ATTORNEY
sz
OF PAVEMENT
LUGUSTRUM (I6) pERGOLA 10'XI2'
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SCALE: 1 "=20'
0 20 40
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VANDERE3I LT AVE." (80')
IN5T# 20021228010602011
I EXHIBIT A I &-
F-OR SHOWS ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND LANDSCAPING
MIKE & LINDA TUBRIDY
Front of property looking towards the Oceanfront
Back of property facing Vanderbilt Ave.
Example of one of many illegal encroachments in Croatan neighborhood
Front view of an approved encroachment - Fence, Landscaping and
Fountain -corner of Croatan Dr. & Virginia Dare Avenue
Side view of same approved encroachment- corner of Croatan Dr.
& Virginia Dare Ave.
Location Map
Aerial View
EXHIBIT B
Summary of Terms
Parties: City of Virginia Beach ("Grantor")
Michael and Lynda Tubridy ("Grantee")
Encroachment: Maintain an existing flagstone walkway
Construct and maintain a four foot vinyl fence and landscaping,
which extend into Aqua Lane approximately 14 feet by 48 feet
(672 square feet).
Temporary: Removal immediately if an emergency or public necessity
Removal with 30 days' notice
Grantee bears all cost for removal
Indemnity: Grantee to indemnify, hold harmless, and defend the City, its
agents and employees, from and against all claims, damages,
losses, and expenses for any action arising out of the construction,
location, or existence of the Temporary Encroachment.
Insurance: $500,000 liability insurance with the City as a named insured.
-60-
Item -V-J.lla
ORDINANCES/RESOL UTIONS
ITEM #64259
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolutions to SUPPORT FY 2015-16 Virginia Department of Transportation (VDOT):
a. Transportation Alternatives
Poting: 10-0
Council Members Voting Aye.
Robert M. Dyer Barbara M. Henley, Shannon DS Kane, Brad Martin,
John D. Moss, Mayor William D. Sessoms, Jr., Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
None
Council MembeYS Abstaining:
Vice Mayor Louis R. Jones
October 21, 2014
1 A RESOLUTION TO SUPPORT THE CITY APPLICATIONS
2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
3 FOR FY 2015-16 TRANSPORTATION ALTERNATIVES
4 PROGRAM
5
6 WHEREAS, the Virginia Department of Transportation provides federal pass-
7 through funding from the Transportation Alternatives Program for improvements to
8 pedestrian facilities, bicycle facilities, and community improvements; and
9
10 WHEREAS, the City may request 80% of the cost of a project, up to $1,000,000,
11 and must provide the remaining 20% as a local match for each project; and
12
13 WHEREAS, the City's has identified four high-priority projects as candidates for
14 this funding.
15
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 1. That the City of Virginia Beach City Council hereby supports applications
20 for FY 2015-16 Transportation Alternative Program, with the total cost of the project
21 being $4,082,000 and the City requesting $2,058,400 in federal funding with the
22 following detailing the individual projects and proposed local contribution:
23
24 a. $400,000 for the Salem Road Sidewalk, with $320,000 from federal
25 funds and $80,000 in local funds;
26
27 b. $385,000 for the West Great Neck Road Sidewalk, with $308,000 in
28 federal funds and $77,000 in local funds;
29
30 c. $538,000 for the Cypress Avenue and Mediterranean Avenue
31 Sidewalk, with $430,400 in federal funds and $107,600 in local
32 funds; and
33
34 d. $2,759,000 for the Thalia Creek Greenway Phase 3, with
35 $1,000,000 in federal funds with the remaining need of $1,759,000
36 to complete the project being funded within Parks and Recreation
37 programmed CIP.
38
39 2. That the required matching funds will be provided from within capital
40 project appropriations-to-date and within Parks and Recreations programmed Capital
41 Improvement Plan.
42
43 3. That the City Manager is hereby authorized to execute on behalf of the
44 City of Virginia Beach any project agreement required by VDOT in furtherance of the
45 Transportation Alternatives Program, including project development and construction.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 st day
48 of October , 2014.
APPROVED AS TO CONTENT:
„
\ n ,l
(4 ' " ? ? ;, ? I I
Budget and anagement Services ,
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA13138
R-1
October 8, 2014
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City of Virginia Beach
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e
OUR NA1110NS
LOUIS R. JONES
VICE MAYOR
Refer to File No. 0053282
October 21, 2014
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
PHONE: (757) 583-0177
FAX: (757) 588-4659
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the Resolution to Support the City's Application to the Virginia
Department of Transportation for the FY 2015-16 Revenue Sharing Program.
2. One of the projects that is a subject of this Resolution is Princess Anne Road
Phase VII. That project will require the acquisition of land from approximately
twenty property owners, including Hollomon-Brown Funeral Home, Inc.
3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk,
Virginia.
4. Although the City Attorney has advised me that the Conflict of Interests Act
allows me to participate in this transaction without restriction as a member of a
group upon disclosure of my interest, I nevertheless wish to abstain from voting
on this matter.
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Smith -2- October 21, 2014
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
I respectfiilly request that you record this declaration in the official records of City
Council. Thank vau for your assistance in this matter.
Sincerely,
?
Louis R. Jo4es
V ice Mayor
I,RJiRRIi DRH
c: '.Vlark D. Stiles, City Attorney
-61-
Itenz -V-T.llb
ORDINANCES/RESOL UTIONS
ITEM #64260
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolutions to SUPPORT FY 2015-16 Virginia Department of Transportation (VDOT):
b. Revenue Sharing
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, Brad Martin,
John D. Moss, Mayor William D. Sessoms, Jr., Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
None
Council Members Abstaining:
Vice Mayor Louis R. Jones
October 21, 2014
1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION
2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION
3 FOR THE FY 2015-16 REVENUE SHARING PROGRAM
4
5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to
6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2015-16
7 Revenue Sharing Program; and
8
9 WHEREAS, the City's highest priority improvements that meet the eligibility for
10 funding are part of Project # 2-409, Centerville Turnpike Phase II, and Project # 2-195,
11 Princess Anne Road - Phase VII.
12
13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 1. That the City of Virginia Beach City Council hereby supports the application to
17 the Virginia Department of Transportation for its Revenue Sharing Program to
18 request funding of $5,000,000 for Centerville Turnpike Phase II (Project # 2-409)
19 and $5,000,000 for Princess Anne Road Phase VII (Project # 2-195); and
20
21 2. That the required matching funds will be provided from the allocation of local
22 funding existing within the aforementioned projects; and
23
24 3. That the City Manager is hereby authorized to execute on behalf of the City of
25 Virginia Beach any project agreement required by VDOT in furtherance of the
26 Revenue Sharing Program, including project development and construction.
Adopted by the Council of the City of Virginia Beach, Virginia on the2lst day
of October , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
? ? . 17? -
~Budget and Management Services City Attorney's Office
CA13139
R-1
October 8, 2014
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City of Virginia Beach
. -r.--..? .
U
v2 ?' Z I
r ?
O? , _' ?\a
9q,? 0E,
?F OUR N
LOUIS R. JONES
VICE MAYOR
Refer to File No. 0053282
October 21, 2014
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
PHONE: (757) 583-0177
FAX: (757) 588-4659
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the Resolution to Support the City's Application to the Virginia
Department of Transportation for the FY 2015-16 Revenue Sharing Program.
2. One of the projects that is a subject of this Resolution is Princess Anne Road
Phase VII. That project will require the acquisition of land from approxiinately
twenty property owners, including Hollomon-Brown Funeral Home, Inc.
3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The
company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk,
Virginia.
4. Although the City Attorney has advised me that the Conflict of Interests Act
allows me to participate in this transaction without restriction as a member of a
group upon disclosure of my interest, I nevertheless wish to abstain from voting
on this matter.
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Smith -2- October 21, 2014
Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F)
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
Sincerely,
?
?
?"?-5 141-
Louis R. Jorfes
Vice Mayor
I,RJ/RRI/DRH
c: Mark D. Stiles, City Attorney
-62-
Iten: -YJI.12a
ORDINANCES/RESOL UTIONS
ITEM #64261
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE
a. $10,000,000 - VDOT Revenue Sharing Program
1. 7, 000, 000 - First Colonial Road/Virginia Beach Boulevard
2. 3, 000, 000 - Rosemont Road - Phase V Project
Voting.• I1-0
Council Members TTOting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, JY., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDING FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION REVENUE SHARING PROGRAM TO
CIP #2-072 FIRST COLONIAL ROADNIRGINIA BEACH
BOULEVARD INTERSECTION IMPROVEMENTS AND CIP
# 2-038 ROSEMONT ROAD- PHASE V
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $7,000,000 is hereby accepted from the Virginia Department of
Transportation and appropriated, with estimated state revenue increased
accordingly, to Capital Project # 2-072, "First Colonial Rd/Virginia Beach
Boulevard Intersection Improvement;" and
2. That $3,000,000 is hereby accepted from the Virginia Department of
Transportation and appropriated, with estimated state revenue increased
accordingly, to Capital Project # 2-038 "Rosemont Road- Phase V.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 st day of
October 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Budget and Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA13136
R-1
October 8, 2014
t
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-63-
Itena - VJ.12b
ORDINANCES/RESOL UTIONS
ITEM #64262
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE
b. $ 1,361,925 - VDOT to TAP for TYaffic Safety
1. $455, 668 - Buckner Boulevard Shared- Use Path
2. $331,969 - Greenwell Road Sidewalk
3. $120, 957 - Kendall Street Sidewalk
4$453,331 - Shore Drive Bike Facilities
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FEDERAL PASS-THROUGH FUNDING TO CIP #2-300,
3 TRAFFIC SAFETY IMPROVEMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VfRGINIA:
7
8 That $1,361,925 is hereby accepted from the Virginia Department of
9 Transportation and appropriated, with federal pass through revenue increased
10 accordingly, to Capital Project #3-200, Traffic Safety Improvement, for safety
11 improvements consistent with the VDOT Transportation Alternatives Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 Stday of
October 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Budget and Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA13137
R-1
October 8, 2014
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-64-
Itenz -V-J.12c
ORDINANCES/RESOL UTIONS
ITEM #64263
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
c. $1,040,292 Tourism Advertising Program Special Revenue Fund
re advertising and marketing
Voting: 10-0
Council Members Voting Aye:
Robert M. Dyer, Bart
Shannon DS Kane, Br
Sessoms, Jr., Amelia N.
Wilson
Council Members Absent:
None
Council Members Abstaining.•
James L. Wood
zra M. Henley, Vice Mayor Louis R. Jones,
rd Martin, John D. Moss, Mayor William D.
Ross-Hammond, John E. Uhrin and Rosemary
October 21, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO APPROPRIATE $1,040,292
FROM THE FUND BALANCE OF THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE
FUND FOR ADVERTISING AND MARKETING
EFFORTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $1,040,292 is hereby appropriated from the fund balance of the Tourism
Advertising Program Special Revenue Fund, with estimated revenues increased
accordingly, to the FY 2014-15 Operating Budget of the Convention and Visitor's
Bureau for various marketing projects.
oc t o b edopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of
2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
?IL
Budget and Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
; ?- ?Id wa ?
City Attorney's Offic
CA13135
R-1
October 7, 2014
City of Virgirzia Beach
. .
?
99?s OF_OUR 01101f4
UQgdV.COCiI
JAMES L. WOOD
COUNCILMAN - DISTRICT 5 - LYNNHAVEN
In Reply Refer to 0053314
October 21, 2014
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia
Dear Mrs. Fraser:
PHONE: (757) 340-8411
FAX: (757) 340-2082
jlwood@vbgov.com
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia,
I make the following declaration:
l. I am executing this written disclosure regarding City Council's discussion and
vote on an ordinance to appropriate $1,040,292 from the fund balance of the
Tourism Advertising Program Special Revenue Fund for advertising and
marketing efforts.
2. My adult daughter recently accepted a position with Communications
Consultants, Inc., t/a BCF. BCF's address is 4500 Main Street, Suite 600,
Virginia Beach, VA 23462. BCF is the City's advertising and public relations
firm.
3. Although the City Attorney has advised me that the Conflict of Interests Act
allows me to participate in this transaction without restriction, I nevertheless wish
to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452
Mrs. Ruth Hodges Fraser -2- October 21, 2014
Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia
Thank you for your assistance in this matter.
Sincerely,
m L. ood
cilmem
ber
r
JLW/RRI
-65-
Iteni -V-J.12d
ORDINANCES/RESOL UTIONS
ITEM #64264
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
d. $ 850,000 State Funds to ESTABLISH the Assertive Community
Treatment Team and add positions in the Department of Human
Services
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FUNDS, TO APPROPRIATE FEE REVENUE, AND TO
3 AUTHORIZE TWELVE POSITIONS IN THE DEPARTMENT
4 OF HUMAN SERVICES TO ESTABLISH THE PROGRAM OF
5 ASSERTIVE COMMUNITY TREATMENT TEAM
6
7 WHEREAS, the General Assembly approved State funding in FY 2014-15 to add
8 one Program of Assertive Community Treatment (PACT) Team to provide intensive wrap-
9 around services to individuals that have not been responsive to transitional outpatient
10 treatment and continue to struggle with acute psychiatric symptoms, elevated risk factors,
11 repeated hospitalization, homelessness, and incarceration; and
12
13 WHEREAS, the Virginia Department of Behavioral Health Services is requesting the
14 Virginia Beach Human Services Department add a PACT Team in FY 2014-15 and has
15 earmarked State funding of $850,000 for this program; and
16
17 W HEREAS, it is anticipated that some costs for services offered by the PACT Team
18 will be paid by Medicaid revenues.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA THAT:
22
23 (1) $850,000 is hereby accepted from the Virginia Department of Behavioral
24 Health and Developmental Services and appropriated, with estimated state revenues
25 increased accordingly, to the FY 2014-15 Operating Budget of the Department of Human
26 Services to establish a PACT Team;
27
28 (2) $48,730 in anticipated Medicaid fee revenue is hereby appropriated, with
29 estimated fee revenue increased accordingly, to the FY 2014-15 Operating Budget of the
30 Department of Human Services to establish a PACT Team; and
31
32 (3) Twelve full-time equivalent positions are authorized in the FY 2014-15
33 Operating Budget of the Department of Human Services for the PACT Team with the
34 following description and FTE authorization:
35
36 a. Team Leader (MH/MR Supervisor II) 1.0 FTE;
37 b. Psychiatrist (Staff Psychiatrist) 1.0 FTE;
38 c. RN Coordinator (MH/MR Clinician IV) 1.0 FTE;
39 d. Administrative Assistant 1.0 FTE;
40 e. Peer Specialist (Behavior Specialist I) 1.0 FTE;
41 f. Program Coordinator (MH/MR Clinician IV) 1.0 FTE;
42 g. RNs (MH/MR Clinician III) 2.0 FTEs; and
43 h. Clinicians (MH/MR Clinician III) 4.0 FTE.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day
of October 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
-7
Budget an(f Minagement Services
CA13149
R-1
October 14, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
' At ' O
?
? r 1
a
?
OF OUR NA1?00? Policy Report
RECOMMENDATION TO ADD PROGRAM OF ASSERTIVE COMMUNITY
TREATMENT (PACT) AS A MENTAL HEALTH SUBSTANCE ABUSE SERVICE WITH
THE CITY OF VIRGINIA BEACH DEPARTMENT OF HUMAN SERVICES
BACKGROIJND
A.
B.
Purpose:
To add an intensive community-based service that will serve Virginia Beach
citizens with severe and treatment resistant mental health and substance abuse
disorders. In January 2014, the Virginia Beach Department of Human Services
(VBDHS) leadership and the Community Services Board (CSB) board members
met with Senator Frank Wagner to discuss priority needs for behavioral health
and developmental services. The conversation was held in the wake of Senator
Deeds' family tragedy and Senator Wagner displayed much interest in
supporting mental health services. In fact, he mentioned funding would be
coming forward for additional PACT programs and inquired as to why Virginia
Beach, as the Commonwealth of Virginia's largest city, did not have a PACT
team. He indicated that he would support a PACT team in Virginia Beach and
we responded with interest in pursuing the additional service. It is important to
note that this conversation occurred prior to the recent emergence of significant
hiring difficulties, especially with psychiatrists and nurses.
PACT Description:
Program of Assertive Community Treatment (PACT) Programs are licensed by the
Virginia Department of Behavioral Health and Developmental Services (DBHDS).
PACT is an evidence-based, recovery-oriented service delivery model that
provides comprehensive, locally based treatment to people with the most serious
and persistent mental illnesses. The program is targeted to provide intensive
wrap-around services to individuals that have not been responsive to transitional
outpatient treatment and continue to struggle with acute psychiatric symptoms,
elevated risk factors, repeated hospitalization, homelessness, and incarceration.
Multiple services are provided to meet the complex treatment, rehabilitation and
support needs of PACT clients. To meet these complex needs, PACT services
10/21/2014 PACT POLICY REPORT
are delivered by a group of multidisciplinary mental health staff who work as a
team including a psychiatrist, nurses, clinicians, peers, and substance abuse and
vocational specialists. Intensive services are provided to enrolled clients 24
hours a day, seven days a week, 365 days a year in a manner not possible with
the limited resources of the traditional outpatient setting. Clients with the most
intensive needs can receive daily services as often as two to three times per day.
The PACT team is mobile and delivers the majority of services in community
locations in order to increase engagement and integration. PACT services are
individually tailored with each client and address the preferences and identified
goals of each client. The approach with each client emphasizes relationship
building and active involvement in assisting individuals with severe and
persistent mental illness to make improvements in functioning, to better manage
symptoms, to achieve individual goals, maintain optimism, and progress in their
recovery.
PACT services are delivered in an ongoing rather than time-limited framework to
aid the process of recovery and ensure continuity of caregiver. Severe and
persistent mental illnesses are episodic disorders and many consumers benefit
from the availability of a longer-term treatment approach and continuity of care.
This allows consumers opportunity to re-compensate, consolidate gains,
sometimes slip back, and then take the next steps forward until they achieve
recovery.
The services provided are correlated to the client's assessed clinical needs,
functional ability, and level of motivation. This service design is ideally suited for
those consumers who demonstrate a clinical necessity for a high level of
supportive care, and would not be able to maintain their mental health stability at
a lower level of care. Services include:
• integrated assessment, diagnostic, psychiatric, medical, psychosocial, and
psycho-educational treatment modalities
• psychopharmacologic treatment
• staged interventions based on clienYs level of motivation
• crisis intervention
• supportive counseling
• medication assistance and health monitoring
• integrated treatment planning
• activities of daily living skill development and support
• life skills theory and practice
• peer support recovery groups
• case management
• vocational education and support with work related goals
• substance abuse education and groups
• random screening for illicit drugs and alcohol
10/21/2014 PACT POLICY REPORT 2
C. PACT Priority Population & Admission Criteria:
Admission priority is given to individuals with serious mental illness who
are currently residing in state hospitals, have histories of frequent use of
state or local psychiatric inpatient services, or are homeless.
2. PACT admission criteria includes:
Persons must be diagnosed with severe and persistent mental illness
that seriously impairs their functioning and ability to maintain
community living. Priority is given to people with schizophrenia, other
psychotic disorders, or bipolar disorder because these illnesses more
often cause long-term psychiatric disability. Clients with other
psychiatric illnesses are eligible dependent on the level of the long-
term disability. (Individuals with a primary diagnosis of a substance
abuse disorder or intellectual disability are not the intended client
group.)
Person must have a three (3) or more month history of the need for
intensive mental health treatment or treatment for serious mental
health and substance abuse.
• Persons who have demonstrated a resistance to seek out and utilize
appropriate treatment options; must have recent history of not being
able to effectively access and utilize traditional office-based services.
Persons with significant functional impairments in major life activities,
such as:
a. Significant difficulty consistently performing the range of practical
daily living tasks required for basic adult functioning in the
community (e.g. taking medications as prescribed; caring for
personal business affairs; obtaining medical, legal and housing
services; recognizing or avoiding common dangers or hazards to
self and possessions; meeting nutritional needs; and maintaining
personal hygiene) or persistent or recurrent difficulty performing
daily tasks except with the significant support or assistance from
others such as relatives or friends to the degree that the
individual's community stability is jeopardized.
b. Inability to be consistently employed at a self-sustaining level or
difficulty consistently carrying out the homemaker role.
c. Inability to maintain a safe living situation (e.g., repeated evictions
or homelessness).
10/21/2014 PACT POLICY REPORT 3
Person must have one or more of the following problems that are
indicators of a need for continuous, intensive services:
a. Priority is given to individuals residing in a state facility inpatient
bed but whom are assessed to be able to live in a more
independent situation if intensive services are provided, or will
require a state facility inpatient placement if more intensive services
are not available.
b. Priority is given to individuals with a history of high use of acute
state facility of other psychiatric hospital inpatient services within
the last two years or a frequent user of emergency services.
c. Intractable (i.e. persistent or very recurrent) severe major
symptoms (e.g., affective, psychotic, suicidal).
d. Co-occurring substance use disorder of significant duration (e.g.,
greater than six (6) months).
e. High risk or recent history of criminal justice involvement (e.g.,
arrest, incarceration).
f. Inability to meet basic survival needs, residing in substandard
housing, homeless, or imminent risk of becoming homeless.
D. Housing Information:
Clients obtain housing primarily through the assistance of a case manager.
Case managers are knowledgeable and well versed in housing and community
resources. The clients identified as PACT-eligible live in a variety of settings and
some are homeless (see pie chart below). This is a point-in-time representation
of housing and it is important to note that housing can be somewhat transient for
this population depending upon their stability at the time. This population can
present significant challenges with meeting housing needs due to lack of
resources, acute psychiatric symptoms, substance use, behavioral needs,
criminal histories, poor credit, lack of natural support, etc. They are assisted with
maintaining their housing with the support of case management services (benefit
application, housing & treatment referrals, etc.) and mental health skill building
services to provide support with daily living skills. PACT teams have the ability to
provide a higher level of community support to increase housing stability.
10/21/2014 PACT POLICY REPORT 4
PACT Housing Percentages
¦ Supportive Housing (e.g. Beach Park East & West, S. Palm)
¦ Adult Foster Care
¦ Assited Living Facility
ri, Unofficial eoard and Care
¦ CAMG
¦ Family (private residence)
? Homeless
? Hotel
• Independent Housing (e.g. room and board, room for rent)
490
E. Admission & Discharge Protocol:
1. The Team Leader screens PACT referrals and manages admissions by:
a. Screening referrals to ensure eligibility criteria are met and reviewing
lower levels of care that have been provided.
b. Identifying priority referrals as listed in Section C above.
c. With the exception of priority referrals, performs utilization management
that maximizes PACT slots and ensures admissions follow the established
payer mix protocol. A waiting list may be necessary as a utilization
management tool.
d. After successful screening, the Team Leader will coordinate an Intensive
Community Treatment service assessment that will include the consumer,
family members, psychiatrist, nurse, and case manager. It is at this point
that the team will make a final decision regarding admission.
2. Discharge conversation begins at admission as staff work with consumers to
develop a treatment plan that will foster skill development and recovery
oriented goal development. Discharges from the PACT team will occur when
10/21/2014 PACT POLICY REPORT 5
consumers and staff mutually agree that closure/transition is clinically
appropriate.
Consumers must not be discharged for failure to comply with treatment
planning. The team is expected to employ motivation enhancement
strategies and modify treatment planning in a person-centered manner. Per
DBHDS licensing regulations, discharge may occur with one of the following
criteria is met:
a. Relocation out of the service area
b. Death
c. Incarceration or hospitalization over a year in duration
d. Consumer declines services and requests discharge, despite the team's
best efforts to address concerns and develop an acceptable treatment
plan with the consumer.
e. Significant sustained recovery by the individual in all major role areas with
minimal team contact and support for at least two years as determined by
both the individual and PACT staff.
F. PACT History & Growth:
In the late 1960's, the PACT model evolved out of an inpatient research unit at
Mendota State Hospital in Madison, Wisconsin. Dr. Arnold Marx, Dr. Leonard
Stein and Dr. Mary Ann Test spearheaded the work after noting that clients often
destabilized in the community following hospital discharge. In 1972, they moved
hospital staff into the community to test their hypothesis that ongoing support
and treatment in the community would have a significant impact and, hence,
launched PACT.
Despite the documented treatment success of PACT, only a fraction of those
with the greatest needs have access to this uniquely effective program. Only six
states (DE, FL, MI, NJ, RI, TX) and the District of Columbia currently have
statewide PACT programs. Many more states have at least one or more PACT
programs in some parts of the state. The first PACT team in Virginia was funded
in 1996 (District 19 CSB). In Virginia, there are eighteen (18) providers (19 sites)
of PACT or Intensive Community Treatment services (see table below).
10/21/2014 PACT POLICY REPORT
This year the General Assembly approved state general funds to fund four (4)
additional PACT teams in Virginia: One (1) in FY-15 and three (3) in FY-16. DBHDS is
solely collaborating with VBDHS for the FY-15 PACT team due to the city population
and corresponding utilization of hospital bed days. CSB's have not yet been identified
for the FY-16 allocations.
CONSIDERATIONS
The issue to be considered is whether Virginia Beach should agree to develop, partially
finance and operate a PACT team. The decision to approve this project will be made
by the City Council with input from the Director of Human Services, City Manager's
Office and CSB Board of Directors. External stakeholders include DBHDS and Virginia
Beach citizens and family members who would benefit from a PACT team.
There are a number of factors to consider:
1. DBHDS will provide an annual allotment of restricted PACT funds in the amount
of $850,000.
2. Reimbursement: The PACT team would provide Intensive Community
Treatment (ICT) as the Medicaid reimbursable service that captures the
wraparound services provided by the team. The urban reimbursement rate for
ICT is $153 per hour. At full capacity, PACT could have a census of eighty (80)
ICT clients.
3. VBDHS currently serves approximately one hundred thirty (130) clients that
would meet criteria for PACT level of care. Of these clients, approximately forty-
three percent (43%) have Medicaid and twenty-three (23) had previous state
hospitalization. Thus far in 2014, forty-nine (49) have been hospitalized at least
once and 66 have required crisis stabilization services. Most of these individuals
have difficulty achieving stability in the community due to serious mental illness,
such as Schizophrenia and Bipolar Disorder, combined with substance use
disorders and serious comorbid medical conditions.
10/21/2014 PACT POLICY REPORT 7
4. Outcomes/Return on Investment:
PACT teams are evidence-based and provide the level of intensity needed for
clients who struggle to maintain stability in the community. The Virginia
Association of Community Services Boards reports the following FY-13
outcomes for PACT:
Of 1,672 Individuals served in 19 sites:
• 94% had no arrests
• 87% had stable housing
• 74% lived in private households
• 9% had some employment experience
• 101 state hospital beds were reduced as a result of PACT and ICT
programs
Consultation with DBHDS yielded some comparative data regarding the return
on investment. Please see the data reflected below.
5. Minimum staffing standards are mandated by state licensure regulations. In
Virginia Beach, we will need fourteen (14) total FTE's with twelve (12) of those
FTE's being new city positions as outlined below.
1 Team Leader (Supervisor II) MH/MR Supervisor II 63,292 94,938
1 Psychiatrist Staff Psychiatrist 210,000
1 Administrative Assistant Administrative
Assistant 31,701 45,966
1 Peer Specialist Behavior Specialist I 36,763 53,306
1 Nurse Manager (RN) MH/MR Clinician IV 60,241 90,362
1 Team Coordinator MH/MR Clinician IV 60,241 90,362
2 RN MH/MR Clinician III 54,576 81,864
2 Clinician III (1 Vocational Specialist
and 1 Substance Abuse S ecialist MH/MR Clinician III 54,576 81,864
2 Clinician III (Qualified Mental Health
Professionals MH/MR Clinician III 54,576 81,864
10/21/2014 PACT POLICY REPORT 8
As cases are transferred from the Case Management Unit to the PACT program
we will move two (2) clinician positions to PACT (one upon transfer of thirty (30)
cases and the second upon transfer of forty (40) cases). Case managers have
approximately thirty (30) cases to manage and the program does not have the
capacity to absorb two (2) full caseloads; therefore, the initial PACT start-up
would require new city positions to begin operations.
Initial operations will require that fundamental positions be in place to perform
essential clinical and administrative functions. The below table outlines the new
city FTE's that should be in place at initiation of the PACT team.
Ci Position fssential Start-U Duties
The Team Leader will establish and apply policies and procedures,
develop the schedule for clinician service provision, coordinate
Team Leader admissions, ensure Medicaid authorizations are approved, facilitate
daily team meetings, and coordinate program growth, operations and
budget. This position is essential for laying the groundwork,
mana in risk and achievin ex ected rowth.
Provide assessment, case management, medication delivery, skill-
2 Clinicians building, crisis intervention, education, etc. Create integrated
treatment lan and ensure client needs are met.
The RN Coordinator will set-up the medication room, coordinate
RN medication packaging, create and monitor medication administration
Coordinator records (MARs), administer injections, provide nursing support to the
s chiatrist, etc.
Estimated 5-7 hours/week of psychiatry time will be needed with start-
Psychiatry up census to complete assessments, medication management, and
hours clinical oversight. One of our current psychiatrists has agreed to
assist with PACT start-u services.
Develop tracking system for PACT data and submit monthly reports to
Administrative DBHDS. Schedule psychiatry appointments, track injection due
Assistant dates, input appointment information into the electronic health record,
order su lies, mana e the front desk and hone calls, etc.
6. There will be additional cost including space acquisition and build-out, city
vehicles, computers, cell phones, etc. The financial layout is reflected below.
Object Code fY-1 5 FY-1 6 '
Revenue
State General Fund 850,000 850,000
Medicaid 48,730 381,594
Total Revenue 898,730 1,231,594
10/21/2014 PACT POLICY REPORT 9
Ob'ect Gode FY-15 FY-16
Ex enditures
Salaries 328,177 936,288
Benefits 131,336 374,702
Lease Space Full Service 49,875 85,500
Supplies 2,520 5,220
Contracts Pharmacy Med Temps 18,648 57,600
Medications 7,200 62,400
Training 7,000
Client General Relief 16,251 16,251
City Garage 16,359 32,718
Risk Management 9,360 9,650
Telecommunications 4,809 8,520
Laptops 21,036
ComIT Software Maintenance 22,452
Recruitment Search Firm 50,000
Mid-size Vehicle (5@17,721) 88,605
4WD Vehicle (1) 25,302
Furniture and Space Build-Out
Total Expendifures 99,800
898,730
1,588,849
Funds Available 0 357,255
Notes:
DBHDS will transfer $850,000 each year through monthly electronic fund
transfers and utilize FY 2015 Medicaid billings that will total $48,730.
Larger vehicles are needed in order to accommodate obese clients,
multiple passengers and to assist clients with moving as needed. The
SUV is requested as PACT staff travel in inclement weather to deliver
medications and provide crisis services.
7. PACT is an expensive program to operate which raises five specific points to
consider related to sustainability:
a. The state financial allocation is fundamental to sustainability. With changing
legislative priorities, there is always a risk that PACT funding could be cut at
some point. However, in the current climate where mental health reform is a
priority it is unlikely to occur in the near future.
b. If state funding is cut at some point, then the positions would need to be
transferred to vacant positions where feasible or discontinued via a reduction
in force.
c. The state allocation does not cover the full expense of PACT and, in the
10/21/2014 PACT POLICY REPORT 10
absence of other funding sources, sustainability will require that PACT serve
a minimum number of insured clients to generate the required revenue which
also means limiting accessibility to the uninsured. Initial estimations indicate
that the team will need to maintain a minimum of fifty percent (50%) or forty
(40) Medicaid clients. This should be an achievable goal; however, it means
that non-priority, uninsured referrals will be placed on a waiting list.
d. In addition to reserving a minimum number of PACT slots for insured clients,
it is estimated that we will need to request $357,255 in city funds to support
the annual cost of a PACT program.
e. The recruitment and retention of inedical staff will be problematic and will
likely cause a delay in operational start-up. Recently, we have had difficulty
attracting and recruiting medical staff. There is much competition for
psychiatrists and RN's, to include the Veteran's Administration. Recruitment
strategies will need to be implemented in order to become more attractive to
medical personnel. It is noteworthy that recent applicants have commented
that the salary and benefits package is not competitive. Also, the current title
of "Clinician" for Registered Nurses is not meaningful and, therefore, does not
attract qualified nurses. Given the significant hiring problems, a professional
search firm will need to be hired in order to effectively recruit psychiatric and
nursing staff. It cannot be emphasized enough that our ability to recruit and
retain medical staff will directly impact our ability to sustain PACT operations.
8. DBHDS has prioritized VBDHS for the FY-15 PACT allotment due to city
population and corresponding hospitalization rates. Conversation with the
DBHDS Office of Mental Health Services indicated that if we decline in FY-15,
our opportunity to add a PACT team in FY-16 cannot be guaranteed as factors
that determine funding allocation may change.
9. If a decision is made to move forward, then our reporting will begin at the point in
time when we take the first clients. Monthly reports will be submitted by the
PACT Administrative Assistant each month regarding staffing, census,
outcomes, etc.
DBHDS will report on progress via their Annual Report and also by submitting
outcomes to VACSB via a Fiscal Report.
10. If VBDHS moves forward in FY-15, below is a potential timeline:
Da#e ' EventlAction Gomments
Se tember 18, 2014 Re uest CSB Board a roval
Prepare documentation for
September 2014 submission to Local Human
Rights Committee regarding new
service.
October 17
2014 Present new service information
, to Local Human Ri hts
10/21/2014 PACT POLICY REPORT 11
Date = EventlAc#ion Comments
Committee for a rovaL
October 2014 Re uest Ci Council a roval
October/November Receive initial state funding Use initial funds to assist with
start-up expenses, such as space
2014 allotment renovation/ e ui ment.
October/November Begin active recruitment; submit
2014 information to licensure
December 1- Estimafed dates for Licensing to
December 31, 2014 visit site and a rove ro ram
January - March Serve 10 clients for the first Add staff, solidify best practices,
2015 quarter as initial staffing permits build staff skills, develop
(Tentative based on schedules, curriculum and
hiring required medication protocols.
medical staff.
Staged increases in capacity may occur based on hiring, space acquisition, and operations
outla .
ALTERNATIVES
A. Decline addition of PACT:
1. Virginia Beach will continue to serve clients who have severe mental illness
with available services. Some of the PACT eligible clients will be referred to
the Mobile Mental Health (MMH) ICT provider. To date, twenty-one (21)
referrals have been made to MMH and only three (3) accepted. MMH does
not accept uninsured consumers; therefore, we would not have a resource for
our uninsured clients who do not respond to traditional outpatient services.
We serve this high risk population now, but without the intensive services of a
PACT program to meet their needs. Taking on a PACT team can help to
mitigate the risk by providing assertive treatment.
a. The DBHDS Director of the Office of Mental Health Services informed us
that state PACT funds will not be given to private providers this year and
that they have not done so in the past.
B. Approve addition of PACT:
Virginia Beach will add a PACT team in order to provide intensive services to our
clients with the most severe mental illness and substance use disorders. We will
use the annual state general fund allotment of $850,000 to help fund this
valuable service and also bill Medicaid for insured clients. The draft FY-15
Performance Contract Exhibit D sent to us by DBHDS indicated that we will have
until the end of the first quarter of the third year of funding to achieve a caseload
size of eighty (80) clients.
10/21/2014 PACT POLICY REPORT 12
The services will be geared towards:
• reducing risk to individuals with serious mental illness
• increasing community safety
• improving quality of life for the clients we serve
• reducing hospitalizations, incarcerations and homelessness
RECOMMENDATIONS
The addition of a PACT team will provide an intensive level of community treatment for
the Virginia Beach continuum of care. The fiscal challenges have been noted;
however, those challenges can be effectively managed with utilization management and
ongoing state financial support. With the downsizing of state hospitals and lack of long-
term care options, individuals with serious mental illness and substance use disorders
are being serviced in our community; therefore, it is recommended that the city accept
the state's financial assistance and support the addition of a PACT program in order to
meet the needs of this growing population.
Upon City Council's approval, accept PACT annual assistance state funds in the
amount of $850,000 and make preparations to accept the first clients in January 2015.
Use a portion of the annual allotment in FY 2015 to cover start-up expenses for twelve
(12) new City of Virginia Beach FTEs (includes Team Leader, Psychiatrist, RN
Coordinator, RN, Administrative Assistant, Peer Specialist, Program Coordinator and
Clinicians), office space, and equipment. As shown on Page ten (10) of this Policy
Report, additional local funds needed in FY-2016 are estimated to be $357,255.
10/21/2014 PACT POLICY REPORT 13
Prepai
Director, Human Services
Reviewed By:
Catheryn hit sell
Director, Management Services
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City Attorney
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Cin y h ,- ity Manager
Approved By:
VA
mes Spore, City Man
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Date
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Date
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Date
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Da e
10/21/2014 PACT POLICY REPORT 14
Dannette R. Smith,
-66-
Item -V-J.12e
ORDINANCES/RESOL UTIONS
ITEM #64265
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
e. $ 26,250 - U.S. Department of Homeland Security (DHS) 2014
Port Securiry Grant re Towfish sonar device for the Fire Marine
Division
Tjoting.• I1-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS AND TO TRANSFER FUNDS FOR THE FIRE
DEPARTMENT MARINE TEAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $26,250 in grant funding from the U.S. Department of Homeland Security 2014
Port Security Grant is hereby accepted and appropriated, with federal revenue
increased accordingly, to the FY 2014-15 Operating Budget of the Fire Department to
provide funding for a Towfish Sonar device for the Fire Department Marine Team; and
2. $8,750 is hereby transferred from the 2013 Aid to Localities Grant in the Grants
Consolidated Fund to the FY 2014-15 Operating Budget of the Fire Department for the
required local match.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day
of October 2014.
,
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
' (-, ??,??t'? ? ,
Budget and Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's Office
CA13140
R-1
October 8, 2014
-67-
ItenT -V-J.l2f
ORDINANCES/RESOL UTIONS
ITEM #64266
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
f. $ 23,000 - U.S. Department of Homeland Securiry (DHS) Federal
Management Agency re dry suits for the Police Marine Patrol
Yoting.• 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent.•
None
October 21, 2014
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS FOR THE PURCHASE OF TACTICAL DRY SUITS
FOR MARINE PATROL OFFICERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $23,000 in grant funds from the Department of Homeland Security, Federal
Emergency Management Agency, is hereby accepted and appropriated, with federal
revenues increased accordingly, to the Police Department to purchase nine tactical
wetsuits that are at or near the end of the their useful life.
Adopted by the Council of the City of Virginia Beach, Virginia on the 21 st day
Of October 2014.
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 anagement Services City Attorney's Office
CA13132
R-1
October 6, 2014
-68-
Itenz -V-K
PLANNING
l. JACKIE S. BLOXOM
2a. S& W SIMPSON, LLC
2b. Cand CDEVELOPMENT
3. DEBBIE BRIGHT
4. CITY OF VIRGINIA BEACH
Sa. CITY OF VIRGINIA BEACH
Sb. CITY OF VIRGINIA BEACH
ITEM #64267
VARIANCE
ENLARGEMENT OF NON-
CONFORMING USE
ENLARGEMENT OF NON-
CONFORMING USE
CONDITIONAL USE PERMIT
AMEND CITY ZONING
ORDINANANCE
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
October 21, 2014
-69-
Itenz -V-K
PLANNING ITEM #64268
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2a/b, 3, 4, and S/b of the PLANNING AGENDA.
Voting: 11-0
Council Members Ijoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
-70-
Itena -V-K.1
PLANNING
ITEM #64269
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council,
APPROVED/CONDITIONED, BY CONSENT, Application of JACKIE S. BLOXOMfor a Yariance to
Sections 4 4(b) and 4.4(d) of the Subdivision Regulations re access to a public street at 2948 Shirley Lane
DISTRICT 7 - PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of JACKIE S. BLOXOM for a Variance to
Sections 4 4(b) and 4.40 of the Subdivision Regulations re access to a
public street at 2948 Shirley Lane (GPIN 1398051214) DISTRICT 7-
PRINCESS ANNE
The following conditions shall be required:
1. The subject Site shall be subdivided substantially in accordance with the
submitted exhibit entitled "Subdivision of Property, Clara Belle Shirley
Estate, Virginia Beach, Virginia, " dated 10 February 2014, and prepared by
Bonifant Land Surveys. Said exhibit has been exhibited to the Virginia Beach
Ciry Council and is on file in the Virginia Beach PZanningDepartment.
2. Sites A, B and D shall not be considered building sites unless approval for the
installation of an on-site sewerage disposal system and a private well has
been granted by the Virginia Beach Department of Public Health.
3. A private ingYess-egress access easement shall be recorded and placed over
the private lane (Shirley Lane) and extended as depicted on the exhibit
referenced in Condition 1 above. Said easement shall be for the benefit of the
lots identified as "Homesite /Site C and Site D. "
4. Unless otherwise authorized by the Fire Department, the width of the
ingress/egress to "Homesite /Site C and Site D" shall be a minimum width of
twenty (20) feet and constructed to support a Fire Department and Emergency
Response apparatus. In lieu of supporting the said apparatus, any proposed
dwelling may install a sprinkler system meeting Fire Department
requirements. A vertical clearance of thirteen (13) feet, six (6) inches must be
maintained above the access-way.
This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of October,
Two Thousand Fourteen
October 21, 2014
-71-
Item -V-K.l
PLANNING
Voting: 11-0
Council Members Poting Aye:
ITEM #64269(Continued)
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
-7z-
Itent -V-K.2a
PLANNING
ITEM #64270
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council,
APPROVED/CONDITIONED, BY CONSENT, Application for an Enlargement of Non-Conforming
Uses:
a. S& W SIMPSON, LLC -1608 Princess Anne Road DISTRICT
7 - PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application for an Enlargement of Non-Conforming Uses:
a. S& W SIMPSON, LLC -1608 Princess Anne Road (GPIN
2402953694) DISTRICT 7- PRINCESS ANNE
The.following conditions shall be required:
L With the exception of any modifications required by any of these conditions or as
a result of Development Site Plan review, the site shall be developed
substantially in conformance with the submitted plan entitled "Zoning Exhibit,
Building Addition, NAPA Auto Parts, 1608 Princess Anne Road, " dated
OS/19/14.
2. The building addition shall be substantially in conformance with the submitted
rendering, entitled "NAPA Auto Parts Store, 1608 Princess Anne Road, "
prepared by Covington Hendrix Anderson Architects. The exterior materials and
colors shall match the existing building, as depicted on the said rendering.
3. The parking lot shall be re-striped to provide thirty (30) parking spaces, as
shown on the plan referenced by Condition 1.
4. All conditions attached to the Resolution of the City Council, approved on
January 11, 2005, shall remain in effect.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of October,
Two Thousand Fourteen
October 21, 2014
-73-
Itenz -V-K.2a
PLANNING
Voting: 11-0
Council Members Voting Aye:
ITEM #64270(Continued)
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, .Ir., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 1608 PRINCESS ANNE ROAD
4
5 WHEREAS, S& W Simpson, LLC, (hereinafter the "Applicant") has made
6 application to the City Council for authorization to enlarge a nonconforming use located
7 at 1608 Princess Anne Road in the AG-2 Agricultural District by enlarging the
8 nonconforming commercial use with the construction of a 1,300 square foot (50' x 26')
9 addition to the north side of the existing structure located on the lot; and
10
11 WHEREAS, the lot is used for a retail commercial store which is not currently
12 allowed in the AG-2 Agricultural District; and
13
14 WHEREAS, the use was begun prior to the adoption of the applicable zoning
15 regulations and is therefore nonconforming; and
16
17 WHEREAS, on January 11, 2005, the City Council approved by resolution the
18 enlargement of the existing nonconforming commercial use of the lot; and
19
20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
22 City Council authorizing such action upon a finding that the proposed use, as enlarged,
23 will be equally appropriate or more appropriate to the zoning district than is the existing
24 use;
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the City Council hereby finds that the proposed use, as enlarged, will be
30 equally appropriate to the district as is the existing nonconforming use under the
31 conditions of approval set forth hereinbelow.
32
33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35
36 That the enlargement of the nonconforming use is hereby authorized, upon the
37 following conditions:
38
39 1. With the exception of any modifications required by any of these
40 conditions or as a result of development site plan review, the site shall be
41 developed substantially in conformance with the submitted plan entitled
42 "Zoning Exhibit, Building Addition, NAPA Auto Parts, 1608 Princess Anne
43 Road," dated 05/19/14.
44
45 2. The building addition shall be substantially in conformance with the
46 submitted rendering, entitled "NAPA Auto Parts Store, 1608 Princess
47
48
49
50
51
52
53
54
55
Anne Road," prepared by Covington Hendrix Anderson Architects. The
exterior materials and colors shall match the existing building, as depicted
on the said rendering.
3. The parking lot shall be re-striped to provide 30 parking spaces, as shown
on the plan referenced by Condition 1.
4. All conditions attached to the resolution of the City Council, approved on
January 11, 2005, shall remain in effect.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 st day
of October , 2014.
APPROVED AS TO CONTENT
Planni artment
APPROVED AS TO LEGAL SUFFICIENCY:
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City A torney's Off[ce
CA13143
R-2
October 10, 2014
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-74-
Item -V-K.2b
PLANNING
ITEM #64271
Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council,
APPROVED/CONDITIONED, BY CONSENT, Applications for an Enlargement of Non-Conforming
Uses:
b. C and C DEVELOPMENT- 400 58`1' Street DISTRICT S- LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications for an Enlargement of Non-Conforming Uses:
b. C and C DEVELOPMENT- 400 SSt" Street (GPIN 419609675)
DISTRICT 5 - LYNNHAVEN
The following conditions shall be required:
1. With the exception of any modifications required by any of these conditions or
as a result of Development Site Plan review, the Site shall be developed
substantially in conformance with the submitted Plan entitled "Non-
Conforming Use Exhibit, Lot 23, Crystal Acres, North Virginia Beach -
IMPROVEMENT LAYOUT, " dated August 15, 2014.
2. The two dwellings to be constructed on the lot shall be substantially in
conformance with the submitted rendered elevation drawing with regard to
style, exterior materials and color palette.
This Ordinance shall be effective in accordance with Section 107(l) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenry-First day of October,
Two Thousand Fourteen
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 400 58t" STREET
4
5 WHEREAS, C and C Development Co., Inc., (hereinafter the "Applicant") has
6 made application to the City Council for authorization to enlarge a nonconforming use
7 located at 400 58th Street in the R-5R Residential Resort District by replacing two
8 nonconforming single-family dwellings on the same parcel; and
9
10 WHEREAS, this lot currently contains two single-family dwellings, which is not
11 currently allowed in the R-5R Residential Resort District; and
12
13 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning
14 regulations and are therefore nonconforming; and
15
16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
18 City Council authorizing such action upon a finding that the proposed use, as enlarged,
19 will be equally appropriate or more appropriate to the zoning district than is the existing
20 use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use of the lot, as enlarged,
26 will be equally appropriate to the district as is the existing nonconforming use under the
27 conditions of approval set forth herein below.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31
32 That the enlargement of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. With the exception of any modifications required by any of these
36 conditions or as a result of development site plan review, the site shall be
37 developed substantially in conformance with the submitted plan entitled
38 "Non-Conforming Use Exhibit, Lot 23, Crystal Acres, North Virginia Beach
39 - IMPROVEMENT LAYOUT," dated August 15, 2014.
40
41 2. The two dwellings to be constructed on the lot shall be substantially in
42 conformance with the submitted rendered elevation drawing with regard to
43 style, exterior materials, and color palette.
44
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day
47 of nc_tober , 2014.
APPROVED AS TO CONTENT
Planriino q"?partment
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CA13144
R-1
October 10, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
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City A orney's Office
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-75-
Item -V-K.3
PLANNING
ITEM #64272
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council,
APPROVED/CONDITIONED, BY CONSENT, Application of DEBBIE BRIGHT for a Conditional
Use Permit re commercial kennel at 5513 Buzzard Neck Road DISTRICT 7- PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of DEBBIE BRIGHT for a Conditional
Use Permit re commercial kennel at 5513 Buzzard Neck Road (GPIN
2308482400) DISTRICT 7- PRINCESS ANNE
The following conditions shall be required:
1. Unless otherwise limited by Animal Control, the maximum number of dogs
over six (6) months of age shall be six (6).
2. All dogs shall be housed within the Kennel structure.
3. The applicant shall ensure the dogs are properly vaccinated, immunized and
licensed through the City of Virginia Beach.
4. The existing Kennel structure, outdoor area and fence shall be maintained in
good condition.
5. All dogs, when outside the kennel structure or outdoor area, shall be
supervised at all times.
6 All animal waste shall be collected and disposed of in a lawful manner on a
daily basis.
This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of October,
Two Thousand Fourteen
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
-76-
Item -V-K.4
PLANNING
ITEM #64273
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, an Ordinance to AMEND Section 216 of the City Zoning Ordinance (CZO) conforming City
Code references to the Virginia State Code
Yoting: I1-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
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AN ORDINANCE TO AMEND SECTION 216
OF THE CITY ZONING ORDINANCE
CONFORMING THE CODE REFERENCES
TO THE VIRGINIA CODE
SECTION AMENDED: City Zoning Ordinance
§ 216
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 216 of the City Zoning Ordinance is hereby amended and
reordained to read as follows:
Sec. 216. Outdoor advertising structures, billboards, signboards and poster
panels.
(d) The repair of lawfully nonconforming billboards visible from the main
traveled way of any interstate highway, federal-aid primary highway as that system
existed on June 1, 1991, or national highway system highway shall be governed by the
provisions of Virginia Code section 33..2 33.2-1219, or any successor statute,...
COMMENT
This amendment is a housekeeping matter. The Virginia Code section dealing with
billboard repair has been moved from Virginia Code § 33.1-370.2 to § 33.2-1219.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 st day
of October , 2014.
APPROVED AS TO CONTENT:
Plannin Department
APPROVED AS TO LEGAL SUFFICIENCY:
N?Ae- 0 AZ,
City Attorney's Office
CA13065/R-2/August 6, 2014
-77-
Item -V-K.Sa
PLANNING ITEM #64274
The following individuals registered to speak:
Dr. Constance Pozniak, 2413 Broad Bay Road, Phone: 481-7283, spoke in OPPOSITON, stating the
neighbors will be forced to sacrifice their property. The proposed Site has flooded no less than seven (7)
times over the last several years. Dr. Pozniak suggested this type of operation be conducted on a baYge
that can be moved to the area of the river where the oysters will be placed.
Marlene Rowe, 2814 Broad Bay Road, spoke in OPPOSITION. Ms. Rowe advised her family has owned
and lived at the property next to the proposed site for over sixty-five (65) years. Ms. Rowe requested City
Council consider an alternative site for this operation. She loves the unique environment her home offers
and wants to maintain the integrity of her home.
Halle Januchowski, 2616 Broad Bay Road, Phone.• 496-2838, spoke in OPPOSITION. Ms. Januchowski
advised the Broad Bay Civic Organization voted against this project last Spring. This operation will
create more traffic for the "one way" on and off of the island. At a minimum, she requested City Council
defer this item until further research can be conducted and alternative sites considered.
Karen Forget, 1608 Pleasure House Road, Phone: 962-5398, Director of Lynnhaven River NOW, a non-
profit organization, advised they have been partners with the City for the past twelve (12) years. This
Center will only be operational on a seasonal basis and allow spat to be grown on oysters and then
placed in the river to encourage new oyster beds. They have had a tremendous amount of success in the
northern part of the Lynnhaven River and are confident it will be successful in this part of the River as
well. Ms. Forget assured City Council the intent is to be great neighbors and not be there to cause any
problems to the residents or their property.
Upon motion by Councilman Wood, seconded by Councilman Martin, City Council, APPROVED, AS
PROFFERED, Applications of the CITY OF VIRGINIA BEACH:
a. Conditional ChanQe of Zoning from R-10 and unspecified to
Conditional AG-1 Agricultural re Lynnhaven Aquaculture
Center (oyster seeding) at Broad Bay Road DISTRICT 5-
LYNNH4 VEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of the CITY OF VIRGINIA BEACK
a. Conditional Change of Zoning from R-10 and unspecified to
Conditional AG-1 Agricultural re Lynnhaven Aquaculture Center
(oyster seeding) at Broad Bay Road (GPINs 1499472853;
1499471755; and 1499472626) DISTRICT S- LYNNHAVEN
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of October,
Two Thousand Fourteen
October 21, 2014
-78-
Itenz -V-K.Sa
PLANNING ITEM #64274(Continued)
Yoting: 8-3
Council Members Voting Aye.
Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, Brad Martin,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Vice Mayor Louis R. Jones, John D. Moss and Amelia N. Ross-
Hammond
Council Members Absent:
None
October 21, 2014
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Item -V-K.Sb
PLANNING
ITEM #64275
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council,
APPROVED/CONDITIONED, BY CONSEIVT, Applications of the CITY OF VIRGINIA BEACH:
b. Conditional Use Permit re a drive-through Drugstore at
Princess Anne and South Witchduck Roads (deferred from
March 25, 2014 and April 22, 2014) DISTRICT 2-
KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applications of the CITY OF VIRGINIA BEACH:
b. Conditional Use Permit re a drive-through Drugstore at
Princess Anne and South Witchduck Roads (deferred from
March 25, 2014 and April 22, 2014) (GPIN 1466783845)
DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
With the exception of any modifications required by any of these conditions or
as a result of Development Site Plan review, the drive-through facility shall be
located on the Site substantially in conformance with that shown on the
submitted concept Plan, entitled "CONCEPTUAL SITE PLAN SHOWING
LOCATION OF PROPOSED DRIVE-THROUGH, " dated October 24, 2012,
and prepared by WPL. Said Plan has been exhibited to the City Council and is
on file with the Department of Planning.
2. The drive-through window shall be located on the building in the location
shown and in keeping with the design depicted on the two submitted building
renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY
SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH"
and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED
PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-
THROUGH. " Said renderings have been exhibited to the Ciry Council and are
on file with the Department of Planning.
3. Any loudspeaker or similar voice transmission device shall not be audible at
any of the lot lines of the subject parcel.
4. The drive-through facility shall not be available for business between the hours
of I0.•00 P.M. and 10: 00 A.M.
5. TheYe shall be no signs on the building or anywhere on the parcel indicating the
availability of drive-through service. Directional signs not visible from a
public right-of-way may be utilized; however, such signs shall not be internally
illuminated.
October 21, 2014
-80-
Item -V-K.Sb
PLANNING
ITEM #64275(Continued)
6 The `balcony' canopy shown over the drive-through window in the building
renderings referenced in Condition 2 shall not project more than four (4) feet
from the wall of the building above the dYive-through window and shall not
exceed the width of the drive-through window by more than one (1) foot on
each side.
This OYdinance shall be effective in accordance with Section 107()q of the Zoning Ordinance.
Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Twenty-First day of October,
Two Thousand Fourteen
Yoting: 11-0
Council Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
-81-
ITEM V-L
APPOINTMENTS ITEM #64276
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
TED KUBICKI
Unexpired term thru 0313112016
HEALTH SERVICES ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, Jr., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent.•
None
October 21, 2014
-82-
ITEM V-L
APPOINTMENTS ITEM #64277
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
MICHAEL ASHKENAS
JOHN EASON
LEE McDANIEL
ROSEMARYMOREHEAD
BARBARA HENLEY- CITY COUNCIL LIAISON
IR AAGRACOLA - AD HOC ADVISOR
TaskForce beginning 1012112014
NO TERM
TASKFORCE TO STUDY THE ELDERLY and DISABLED REAL ESTATE TAX RELIEF
Yoting.• 11-0
Council Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D.
Sessoms, JY., Amelia N. Ross-Hammond, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
October 21, 2014
-83-
Item -V-O
ADJOURNMENT
ITEM #64278
Mayor William D. Sessoms, Jr., DECLARED the Ciry Council Meeting ADJOURNED at 7:24 P.M.
?g
Amanda Finley-Barnes, CMC
Chief Depury City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
October 21, 2014