FEBRUARY 24, 2015 I
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL �lv�iA•BE,gc�
MAYOR WILLIAM D.SESSOMS,JR.,At-Large
.:ai. ^r.
VICE MAYOR LOUIS R.JONES,Bayside-District 4 0�
M.BENJAMIN DAVENPORT,At Large
ROBERT M.DYER,Centerville-District I
BARBARA M.HENLEY,Princess Anne-District 7 _`: 1. ���
SHANNON DS KANE,Rose Hall-District 3
JOHN D.MOSS,At Large
AMELIA ROSS-HAMMOND,Kempsville-District 2
JOHN E.UHRIN,Beach-District 6 oox
ROSEMARY WILSON,At-Large
JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITY MANAGER-JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005
CITY ATTORNEYMARKD.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303
CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669
CITY AUDITOR-LYNDON S.REMIAS 24 February2015 E-MAIL:Ctycncl@vbgov.com
CITY CLERK-RUTH HODGES FRASER,MMC
MAYOR WILLIAM D. SESSOMS, JR
PRESIDING
I. CITY COUNCIL BRIEFINGS -Conference Room- 3:00 PM
A. BIO-MEDICAL AND HEALTHCARE TASK FORCE STATUS REPORT
Tom Frantz and Rony Thomas, Co-Chairs
B. REAL ESTATE ASSESSOR'S ANNUAL REPORT
Jerry Banagan, City Assessor
II. CITY MANAGER'S BRIEFINGS - Conference Room -
A. VIRGINIA BEACH CRIME STATISTICS
Chief James Cervera, Police
B. SEVERE REPETITIVE LOSS PROGRAM
Dave Hansen, Deputy City Manager
C. PENDING PLANNING ITEMS
Jack Whitney, Planning Director
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 5:30 PM
A. . CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. INVOCATION: Vice Mayor Louis R. Jones
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. MAYOR'S READING of CALL TO SPECIAL SESSION
G. MINUTES
1. INFORMAL and FORMAL SESSIONS February 3, 2015
H. FORMAL SESSION AGENDA
1. CONSENT AGENDA
I. PUBLIC HEARING
1. Real Estate Tax Relief for the Elderly and Disabled
J. ORDINANCES/RESOLUTIONS
1. Resolution to AUTHORIZE the City Manager to EXECUTE an Intergovernmental Agreement re
the Purchase of Agricultural Reserve Program easements
2. Ordinance to APPROPRIATE funds and AMEND re the "Severe Repetitive Loss Grant Program
(Adopted February 28, 2012)
a. Federal Revenue re reduction by $42,608
b. Home Owners Contributions re increase by $168,352
3. Ordinance to ACCEPT and APPROPRIATE $1,227,144 from the Virginia Department of
Emergency Management and ESTABLISH the FEMA Flood Mitigation Assistance Grant
Program
4. Ordinances to APPROPRIATE:
a. $700,000 to the Strategic Growth Area(SGA) re the Parking Enterprise Fund
b. $687,074 from the Virginia Department of Transportation (VDOT) for Roadway
Maintenance
c. $106,000 of the Police Federal/State Seized Assets Special Revenue Fund re a current License
for a Law Enforcement Web Application
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
PROCESS IMPROVEMENT STEERING COMMITTEE
VIRGINIA BEACH HEALTH ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
*******************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*******************************
I. CITY COUNCIL BRIEFINGS -Conference Room- 3:00 PM
A. BIO-MEDICAL AND HEALTHCARE TASK FORCE STATUS REPORT
Tom Frantz and Rony Thomas, Co-Chairs
B. REAL ESTATE ASSESSOR'S ANNUAL REPORT
Jerry Banagan, City Assessor
II. CITY MANAGER'S BRIEFINGS - Conference Room -
A. VIRGINIA BEACH CRIME STATISTICS
Chief James Cervera, Police
B. SEVERE REPETITIVE LOSS PROGRAM
Dave Hansen, Deputy City Manager
C. PENDING PLANNING ITEMS
Jack Whitney, Planning Director
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
SII
V. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor William D. Sessoms, Jr.
B. INVOCATION: Vice Mayor Louis R. Jones
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. MAYOR'S READING of CALL TO SPECIAL SESSION
G. MINUTES
1. INFORMAL and FORMAL SESSIONS February 3, 2015
H. FORMAL SESSION AGENDA
1. CONSENT AGENDA
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18 February 2015
LOUIS R.JONES PHONE: (757)583-0177
VICE MAYOR FAX (757)588-4659
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code, Section 2-21, and by the
authority vested in three Members of the City Council (Vice Mayor Jones,
Council Lady Henley and Councilman Wood) of the City of Virginia Beach, we
hereby call for a SPECIAL INFORMAL AND FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL:
TUESDAY, FEBRUARY 24, 2015
The purpose of the SPECIAL INFORMAL AND FORMAL SESSIONS is:
3:00 PM City Council Conference Room
a. City Council and City Manager Briefings
b. Informal and Closed Sessions
6:00 PM City Council Chamber
a. Public Hearing re Tax Exemptions for the Elderly
and Disabled
b. Formal Session re Ordinances and Resolutions
Due to inclement weather, these items, originally scheduled for February 17, 2015,
could not be heard and are herewith rescheduled.
Sincerely,
Cc: City Manager 0,44;''' 'O
City Attorney Louis R. Jones
City Clerk Vice Mayor
City Auditor
Deputy City Managers
Director—Management Services
MultiMedia Services
Media and Communications
1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645
I. PUBLIC HEARING
1. Real Estate Tax Relief for the Elderly and Disabled
NOTICE OF
PUBLIC HEARING
On Tuesday, February 24, 2015,
at 6:00 p.m. in the City Council
Chamber on the second floor of
the City Hall Building (Building
#1), 2401 Courthouse Drive,
Virginia Beach, Virginia, the
Virginia Beach City Council will
hold a Public Hearing concerning
proposed modifications to the
City's Elderly Tax Relief Program.
For information on the three
proposals currently under
consideration by the City Council,
please visit our website
www.vbgov.com/hottopics.
This hearing is open to the
public,and all interested citizens
will have an opportunity to be
heard. Individuals desiring to
provide written comments may
do so by contacting the City
Clerk's office at 385-4303. If
you are physically disabled or
visually impaired and need
assistance at this meeting,
please call 385-4303; hearing
impaired,call TDD—711.
Beacon Feb.22,2015
24539212
J. ORDINANCES/RESOLUTIONS
1. Resolution to AUTHORIZE the City Manager to EXECUTE an Intergovernmental Agreement re
the Purchase of Agricultural Reserve Program easements
2. Ordinance to APPROPRIATE funds and AMEND re the "Severe Repetitive Loss Grant Program
(Adopted February 28, 2012)
a. Federal Revenue re reduction by $42,608
b. Home Owners Contributions re increase by $168,352
3. Ordinance to ACCEPT and APPROPRIATE $1,227,144 from the Virginia Department of
Emergency Management and ESTABLISH the FEMA Flood Mitigation Assistance Grant
Program
4. Ordinances to APPROPRIATE:
a. $700,000 to the Strategic Growth Area(SGA) re the Parking Enterprise Fund
b. $687,074 from the Virginia Department of Transportation(VDOT) for Roadway
Maintenance
c. $106,000 of the Police Federal/State Seized Assets Special Revenue Fund re a current License
for a Law Enforcement Web Application
III I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing and Directing the City Manager to Execute an
Intergovernmental Agreement Between the Virginia Department of Agriculture
and Consumer Services and the City of Virginia Beach Regarding the
Purchase of Agricultural Reserve Program Easements
MEETING DATE: February 17, 2015
■ Background: In 2014, the Virginia Department of Agriculture and Consumer
Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for
additional State funding over the next two years in the maximum cumulative amount of
$286,983.46, as reimbursement for certain costs to be incurred by the City in
connection with the purchase of farmland preservation easements under the City's
Agricultural Reserve Program ("ARP"). The City previously approved the receipt of
funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February
22, 2011, June 14, 2011, January 24, 2012, January 22, 2013 and March 11, 2014.
Subject to the approval of the City Council, the City staff and VDACS have agreed upon
the terms of an Intergovernmental Agreement (the "Agreement") providing for the
additional funding.
■ Considerations: The Agreement provides that VDACS will reimburse the City
for certain costs of acquiring ARP easements. Costs eligible for reimbursement include:
(1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the
easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title
insurance fees, and (6) public notice costs. The Agreement also allows the City to be
reimbursed for other costs that, under current practice, are not incurred by the City in
the course of acquiring ARP easements. These include certain debt service on the
financed portion of the purchase price of an ARP easement and portions of the
purchase price of an ARP easement that the City will prepay.
The Agreement also places a maximum amount on the reimbursement for any single
ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus
anticipated that the City will be reimbursed in any single transaction for 100% of the
costs listed above, up to the maximum cumulative amount of$286,983.46.
• Public Information: No special advertising is required.
• Recommendations: Adoption of Resolution
• Attachments: Resolution and Summary of Terms
Recommended Action: Approval
Submitting Department/Agency: Agriculture Department
City Manage . �"�
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE AN
3 INTERGOVERNMENTAL AGREEMENT BETWEEN
4 THE VIRGINIA DEPARTMENT OF AGRICULTURE
5 AND CONSUMER SERVICES AND THE CITY OF
6 VIRGINIA BEACH REGARDING THE PURCHASE
7 OF AGRICULTURAL RESERVE PROGRAM
8 EASEMENTS
9
10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands
11 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve
12 Program ("ARP"), a comprehensive program for the preservation of agricultural lands
13 within the City;
14
15 WHEREAS, since its inception of the ARP, approximately 9,223.61 acres of land
16 have been placed under easements restricting development of the land to agricultural
17 uses;
18
19 WHEREAS, the General Assembly, by Chapter 2 of the 2014 Special Session
20 Acts of Assembly, has appropriated $1,000,000 to the Virginia Department of Agriculture
21 and Consumer Services ("VDACS") for the continuation of a state fund to match local
22 governmental purchases of development rights program funds for the preservation of
23 working farms and forest lands;
24
25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office
26 of Farmland Preservation to develop methods and sources of revenue for allocating
27 funds to localities to purchase agricultural conservation easements;
28
29 WHEREAS, VDACS has determined that the City is eligible to receive
30 contributions of funds from VDACS in reimbursement for certain costs the City will incur
31 in the course of purchasing ARP easements;
32
33 WHEREAS, the City and VDACS desire to enter into an agreement wherein
34 VDACS will agree to reimburse the City for certain costs incurred by the City in the
35 course of purchasing ARP easements, up to a cumulative maximum amount of
36 $286,983.46, for a period of two (2) years from the date of the agreement;
37
38 WHEREAS, a copy of the proposed agreement between the City and VDACS,
39 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and
40 Consumer Services and The City of Virginia Beach," dated December 31, 2014 (the
41 "Agreement"), is on file in the City Clerk's Office;
42
43 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as
44 Exhibit A; and
45 WHEREAS, the City Council finds that the terms of the said Agreement are fair
46 and reasonable and would be of significant benefit to the City and its citizens by
47 providing an additional source of funds for the purchase of ARP easements.
48
49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
50 OF VIRGINIA BEACH:
51
52 That the City Manager is hereby authorized and directed to execute the
53 Intergovernmental Agreement between the Virginia Department of Agriculture and
54 Consumer Services and the City of Virginia Beach, dated December 31, 2014, so long
55 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit
56 A, and incorporated herein, and such other terms, conditions, or modifications as may
57 be acceptable to the City Manager and in a form deemed satisfactory by the City
58 Attorney, and to take such measures as are necessary or advisable to implement the
59 Agreement.
60
61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
62 VIRGINIA BEACH:
63
64 That the City Council hereby expresses its appreciation to the Governor, the
65 General Assembly and the Virginia Department of Agriculture and Consumer Services
66 for their continued commitment to the preservation of agriculture within the
67 Commonwealth of Virginia and the City of Virginia Beach.
68
69 Adopted by the Council of the City of Virginia Beach, Virginia on the day
70 of , 2015.
Approved as to Content: Approved as to Legal Sufficiency:
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Dept. of Agriculture City Attorney
CA13199
R-1
February 2, 2015
2
EXHIBIT A
Summary of Terms
Intergovernmental Agreement
between
Virginia Department of Agriculture and Consumer Services
and
The City of Virginia Beach
(the "Agreement")
Parties:
The City of Virginia Beach (the "City") and the Virginia Department of Agriculture
and Consumer Services ("VDACS").
Background:
Since 2008, the City has been approved to receive a total of$1,035,145.87 from
VDACS for reimbursement of costs associated with purchasing easements under
the City's Agricultural Reserve Program ("ARP"), as follows:
6/24/08 — $ 403,219.75
1/27/09 - 49,900.00
2/23/10 - 93,932.19
2/22/11 - 12,500.00
6/14/11 - 54,247.37
1/24/12 - 110,952.46
1/22/13 - 160,715.64
3/11/14 - 149,678.46
The City is now eligible to receive an additional $286,983.46 in VDACS funds.
VDACS Responsibilities:
VDACS will reimburse the City for certain costs of purchasing ARP easements.
The maximum amount in new funding over the next two years is $286,983.46
under the Agreement.
Reimbursable items include:
• cost of Treasury STRIPS acquired to purchase the easement
• title insurance
• appraisals
• physical surveys
• reasonable attorney's fees
• public notices
• recordation fees
Maximum reimbursement for a single purchase is equal to 50% of the sum of the
amounts actually paid by the City for the purchase price of the easement and
reimbursable costs.
City of Virginia Beach Responsibilities:
• Obtain title insurance on City's purchased interest that covers an amount
at least equal to the amount for which City requests reimbursement from
VDACS.
• Utilize state funds to further protect agricultural lands by purchasing
development rights.
• Submit an annual progress report to VDACS each year that the
Agreement is in effect to: (i) describe any prospective properties and the
status of any negotiations; (ii) provide estimated timeframes for execution
of purchase agreements; (iii) describe City's public outreach program
designed to educate various stakeholders; (iv) describe City's
development and maintenance of a monitoring program; and (v) describe
how City is continually evaluating the effectiveness of the ARP program.
• Enforce terms of each ARP easement.
• If City sells development rights back to the property owner, City must
reimburse VDACS in an amount proportional to the VDACS contribution
toward the total reimbursable cost of acquiring the ARP easement.
• Within 30 days of execution of the Agreement, City shall have available
local funds greater than or equal to the allocation amount for the purpose
of purchasing ARP easements.
•
Duration and Termination:
• Term is two years from the date of the Agreement (December 31, 2014
through December 31, 2016).
• City may be recertified as eligible for future funding, but not guaranteed.
• The Agreement may be terminated if the City fails to perform any of its
obligations under the terms of the Agreement.
• If the City fails to allocate the spending of the funds within the two year
time period, monies will then be redistributed to other Purchase of
Development Rights programs.
2
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CITY OF VIRGINIA BEACH
AGENDA ITEM f
ITEM: An Ordinance to Appropriate Funds and to Amend the Scope of CIP # 7-200,
"Severe Repetitive Loss Grant Program"
MEETING DATE: February 17, 2015
• Background: The Federal Emergency Management Agency (FEMA) provides
grant funding through the Severe Repetitive Loss Program to implement mitigation
measures at qualifying residential properties to reduce the likelihood of future flooding
damage. This program requires the City to be the fiscal agent and project manager
for the mitigation work in Virginia Beach. These funds will enable the elevation of
residential properties which have sustained severe repetitive damage due to severe
flooding. The individual property owners are required to meet grant requirements.
On February 28, 2012 Council accepted and appropriated funds in the amount of
$1,721,265, of which $1,549,138 is provided in federal funding and the remaining
$172,127 is to come from homeowner contribution to CIP # 7-200. As described in the
2012 Agenda Item, the homeowner's portion (roughly 10%) was potentially eligible for
federal funding through the Increased Cost of Compliance (ICC) Program, which is part
of the National Flood Insurance Program. Additionally, the homeowners were
responsible for cost overages and non-reimbursable improvements. The amount of
ICC reimbursement, if any, is not known until the elevation project has been
completed. To account for the lag between the execution of the contract for elevation
and ICC reimbursement, the City had the individual homeowners sign commitments
noting their responsibility for non-FEMA amounts but delaying payment until such time
as would allow submission of an ICC reimbursement claim.
The 2012 authorization had a scope of work that included nine homes. Subsequent to
that acceptance, one of the nine homes included in that project voluntarily withdrew
from the program causing FEMA to reduce the grant by the $42,608 dedicated to that
home. In addition, construction bids for the elevation exceeded grant estimates
causing the homeowner contribution to increase in order to proceed with the project.
This item is related to another item on the Council's agenda, FEMA Flood Mitigation
Assistance. While both programs provide federal funds for housing elevation, the
Severe Repetitive Loss iteration puts a greater portion of the cost burden upon
homeowners than the later version.
• Considerations: The attached ordinance modifies CIP # 7-200 scope of work to
provide the elevation of eight homes instead of the original nine. The FEMA grant
amount is reduced to account for the house that voluntarily withdrew. Also, the total
project cost is increased to $1,847,009, of which $1,506,530 is provided through the
Severe Repetitive Loss Grant Program Federal Revenue and the homeowner
contribution is increased by $168,352 for a total of $340,479 in homeowner
contributions.
• Public Information Public information will be distributed through the normal
Council Agenda process.
• Recommendations: Amend the total amount of CIP #7-200 to $1,847,009 and
appropriate an additional $168,352 in revenue from the homeowner contribution.
• Attachments: Ordinance; February 2012 Agenda Item and Ordinance, FEMA
Re-scope of work letter.
Recommended Action: Approval
Submitting Department/Agency: Public Works c) 11/4b
City Manager: k , " (Ser-Ir)1.2_
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 AMEND THE SCOPE OF CIP #7-200, "SEVERE
3 REPETITIVE LOSS GRANT PROGRAM"
4
5 WHEREAS, a home within the established scope of work voluntarily withdrew
6 requiring a re-scope by the Federal Emergency Management Agency (FEMA); and
7
8 WHEREAS, the result of the approved FEMA re-scope reduced the number of
9 participants and amount of federal revenue support for the project; and
10
11 WHEREAS, construction bids to elevate homes exceeded grant estimates.
12
13 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That the scope and appropriations for CIP# 7-200 Severe Repetitive Loss Grant
17 Program is hereby modified by the amounts and purposes set forth below:
18
19 1. The scope of work is reduced from nine to eight homes.
20
21 2. That the appropriation of federal revenue supporting the program is hereby
22 reduced by $42,608.
23
24 3. That appropriation of homeowner contributions to the program is hereby
25 increased by $168,352 to mitigate the increased construction cost.
26
27 4. To protect the taxpayers, the City Manager or designee is authorized to
28 continue its practice of requiring voluntary repayment commitments or notes
29 from participating homeowners for homeowner contributions, provided such
30 commitments require repayment within five years.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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et and Management Ser ices - A orney's Office
CA13269
R-1
February 4, 2015
U.S.Deportment of Homeland Security
Rc;ion III
Or•:Indt•rt,F1.1.:r1:.; 6:h F!oor
5 Chts:mil Street
Phi:a(e1,ia.PA 1
MAY 0 8 2014 4i,pt%
FEMA
Mr. Brett A.Burdick
Acting State Coordinator
Virginia Department of Emergency Management
10501 Trade Court
Richmond,Virginia 23236-3713
Budget Re-Scope of Work Request Approval
Award Number:EMP-2011-SR-0002
Sub-Grant Number: SRL-PJ-03-VA-2009-004
Project Title:Virginia Beach SRL Elevation Project
Dear Mr.Burdick:
We received your letter dated January 21,2014,requesting a re-scope for the Severe Repetitive
Loss(SRL)project listed above. The original project proposed to elevate 9 residences in the
City of Virginia Beach. Currently the total award approved for this project is$1,721,265.00
with$1,549,138.50 federal cost share and$172.126.50 non-federal cost share. In our letter,dated
March 26,2014,we notified you that we could not process your request since the withdrawal of
the property located at 3368 Woodburne Drive,Virginia Beach.VA may affect the cost-
effectiveness of the entire project. In order to make a determination we requested a detailed and
itemized budget for the remaining properties and additional information to confirm project
effectiveness.
You responded to our request for additional information in your letter dated April 9,2014.After
our review of the submitted documentation,your re-scope request is approved,and the new
federal share amount is$1,506,530.00. This includes the$1,470,620.00 to elevate the remaining
eight homes,plus the estimated Federal Share amount of$35,910.00 for the property that
withdrew from the project.
Administrative costs had to be adjusted for the withdrawn property. VDEM had requested
$5,297.05 for administrative costs reimbursement. However,per the Hazard Mitigation
Assistance(HMA)FY 2009 guidance E.6 Management Costs Funding Restrictions,a
subgrantee can only be reimbursed up to 5%of the administrative cost,which is$1,900.
The Federal Share originally obligated for this project was$1,549,138.50.The new Federal
Share Eligible is 51,506,530.00. The amount to be dc-obligated now is$42,608.50.The
approved new budget is represented in the attached spreadsheet for your reference. Please adjust
your records accordingly.
.,viema.gov
The progress report,federal financial report(SF 425),and any/all other deliverables are due
to our office 30 days after the end of each fiscal quarter. The next reporting due date is July 30.
2014. If you have any questions regarding this award,please contact Mark Lockett,
at(215)931-5707 or mark.Iockett(a,ema.dhs.eov. For programmatic issues,please contact
Cristina Pop,at(215)931-5656 or cristina.pop r)fema.dhs.gov.
Sincerely,
r
t � r
*Anice P.Barlow
Director,Grants Division
cc:Matthew Wall,State Hazard Mitigation Officer
George Roarty,Director,Recovery and Mitigation Division
Gene Gruber,Director.Mitigation Division
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate the Severe Repetitive Loss Grant from
the Federal Emergency Management Agency and to Establish CIP # 7-200,
"Severe Repetitive Loss Grant Program"
MEETING DATE: February 28, 2012
• Background: The Federal Emergency Management Agency (FEMA) provides
grant funding through the Severe Repetitive Loss (SRL) Program to implement
mitigation measures at qualifying residential properties to reduce the likelihood of future
flooding damage. This program requires the City to be the fiscal agent and project
manager for the mitigation work in Virginia Beach. These funds will enable the elevation
of nine residential properties which have sustained repetitive damage due to severe
flooding. The individual property owners are required to meet grant requirements.
The City engaged in outreach to citizens after Tropical Depression Ida and a Nor'easter
in November 2009 to identify potential properties which may qualify for the SRL
program and owners willing to volunteer. The City evaluated 80 properties and
identified the total of nine on which to build a competitive application based upon the
greatest savings to the National Flood Insurance fund and resident voluntary
participation. The following properties were included in the approved grant application:
• 472 Goodspeed Road • 2512 Long Creek Drive
• 484 Goodspeed Road • 3368 Woodburne Drive
• 2917 Lynnhaven Drive • 2001 Cove Road
• 2981 Lynnhaven Drive • 2605 Moss Road
• 3003 Lynnhaven Drive
The City has received notification that its application for these nine properties was
approved.
■ Considerations: The grant amount is $1,721,265, with $1,549,138 provided in
federal funding and the remaining $172,127 is the responsibility of the homeowners.
Additionally, the City will be responsible for certain administrative expenses that cannot
be tied to any of the above properties. Public Works has identified current funding
($25,000) to meet this requirement.
The grant requires the City to be responsible for contracting, inspections, and
administrative oversight. A new capital project is needed to account for the funding.
Capital Improvement Project # 7-200 will be established as the "Severe Repetitive Loss
Grant Program."
The homeowners' portion of the match will likely qualify for other federal funding (the
Increased Cost of Compliance Program), but the eligibility and availability of these funds
1 II
II I
will not be determined until after the work is completed. The City has received signed
agreements from each participant indicating that they understand that they may be
required to provide matching funds.
• Public Information: Public meetings have been held with the impacted
communities to describe the SRL program as well as substantive public outreach to
solicit interest. The public outreach included survey data collected to screen for
propriety of the claims and for compliance with the SRL program in order to present a
competitive grant application to the Virginia Department of Emergency Management
and FEMA. City Council was provided a presentation on July 5, 2011 detailing the
provisions of the SRL program. Public information will be distributed through the normal
Council Agenda process.
• Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Works AO
City Manager:' k , 3
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE
2 SEVERE REPETITIVE LOSS GRANT FROM THE
3 FEDERAL EMERGENCY MANAGEMENT AGENCY AND
4 TO ESTABLISH CIP # 7-200, "SEVERE REPETITIVE LOSS
5 GRANT PROGRAM"
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1. Capital Improvement Project # 7-200, "Severe Repetitive Loss Grant
11 Program," is hereby established in the FY 2011-12 Capital Budget;
12
13 2. $1,549,138 is hereby accepted from the Federal Emergency Management
14 Agency and appropriated, with federal revenue increased accordingly, to CIP # 7-200;
15 and
16
17 3. $172,127 is hereby accepted from or on behalf of property owners and
18 appropriated, with revenue from local sources increased accordingly, to CIP # 7-200 to
19 meet the match requirement; and
20
21 4. The City Manager is hereby authorized to execute a grant agreement on
22 behalf of the City or other necessary project agreements for the Severe Repetitive Loss
23 Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of
February 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Management Services ' •ttorn- '-'rice
CA12185
R-1
February 15, 2012
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Establish CIP #7-032 "Flood Mitigation Assistance Grant
Program," to Accept and Appropriate Funds to CIP #7-032 in Furtherance of the
FEMA Flood Mitigation Assistance Program
MEETING DATE: February 17, 2015
• Background: The Federal Emergency Management Agency (FEMA) provides
grant funding through the Flood Mitigation Assistance Program (the "Program"). These
federal funds are passed through the Virginia Department of Emergency Management.
The Program provides a 100% federal reimbursement for certain elevation work upon
qualifying residential properties to reduce the likelihood of future flooding damage. The
Program is related to another item on Council's Agenda, Severe Repetitive Loss, but in
this iteration, the FEMA cost share is 100% of the estimated costs.
The Program requires the City to be the fiscal agent and project manager for the
mitigation work in Virginia Beach. These grant funds will enable the elevation of eight
residential properties which have sustained severe repetitive damage due to
flooding. The individual property owners are required to meet grant requirements.
The City engaged in outreach to citizens after Hurricane Irene in 2011, Tropical Storm
Lee in 2011 and Hurricane Sandy in 2012 to identify potential properties that may
qualify for flood mitigation programs. Participation is voluntary. The City evaluated 40
properties and identified eight upon which it believed would be most competitive for
FEMA funding, using prior flood losses, depth in the floodplain, and FEMA cost benefit
analysis. The following properties were included in the approved grant application:
• 2757 Broad Bay Road • 2929 Lynnhaven Drive
• 2721 Canal Road • 2977 Lynnhaven Drive
• 2709 Canal Road • 2912 Lynnhaven Drive
• 2724 Canal Road • 2708 Canal Road
The City has received notification that its application for these eight properties was
approved.
• Considerations: The grant amount is $1,227,144. FEMA provides 100% of the
budgeted funding for this project. The grant requires the City to be responsible for
contracting, inspections, and administrative oversight. A new capital project is needed
to account for the funding. CIP # 7-032 will be established as the "Flood Mitigation
Assistance Grant Program." The grant agreement requires the City, as grant recipient,
to be responsible for cost overruns. Should such overruns occur, the City would seek
additional funding from FEMA. However, because there is no guarantee of
supplemental grant funding and to protect the taxpayers generally, the attached
ordinance directs the City Manager to seek commitments from the homeowners for any
cost overruns. Such commitments are not prohibited by the grant agreement, and
presumably, the increased value of an elevated home would exceed any contribution
required of the homeowner. Much like the Severe Repetitive Loss program, a need for
the City to appropriate increased homeowner contributions (currently, this amount is $0)
would require a separate Council approval.
■ Public Information: Public information will be distributed through the normal
Council Agenda process. Additionally, the City has participated in many meetings with
the community discussing the Program.
■ Recommendations: Adopt the attached ordinance to establish CIP #7-032 and
to accept and appropriate funds.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Department ti;.z; bur-
City Manager: ( .
1 AN ORDINANCE TO ESTABLISH CIP #7-032, "FLOOD
2 MITIGATION ASSISTANCE GRANT PROGRAM," TO
3 ACCEPT AND APPROPRIATE FUNDS TO CIP #7-032 IN
4 FURTHERANCE OF THE FEMA FLOOD MITIGATION
5 ASSISTANCE PROGRAM
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8 1. CIP 7-032 "Flood Mitigation Assistance Grant Program" is hereby
9 established in the FY 2014-15 Capital Budget;
10
11 2. $1,227,144 of federal reimbursable revenue is hereby accepted from the
12 Virginia Department of Emergency Management and appropriated, with estimated
13 federal revenue increased accordingly, to CIP #7-032 in furtherance of the FEMA Flood
14 Mitigation Assistance Program;
15
16 3. The City Manager or designee is hereby authorized to execute a grant
17 agreement on behalf of the City or other necessary project agreements for the Flood
18 Mitigation Assistance Program; and
19
20 4. To protect the taxpayers, the City Manager or designee shall seek
21 repayment commitments from participating homeowners for any costs that are not
22 otherwise reimbursed by FEMA and such commitments shall require repayment within
23 five years.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Budget and Management Services i 'Il'ey's Office
CA13270
R-2
February 6, 2015
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CITY OF VIRGINIA BEACH
AGENDA ITEM i
ITEM: An Ordinance to Appropriate Revenues to the Strategic Growth Area Office for
the Parking Enterprise Fund
MEETING DATE: February 17, 2015
• Background: The City's Parking Management Office recently rebid and awarded
a new parking management contract to Republic Parking System to perform on- and off-
street parking services at the Oceanfront. The new contract's structure is different than
the old contract, but the net financial impact to the City will remain unchanged. Under
the prior contract, the City received net revenue of approximately $1.7 million, and
under the new contract, the City should receive a similar amount. The difference in the
contract structures is that under the prior contract, the vendor remitted net revenue
(gross revenue less its expenses) to the City, and under the new contract, the vendor
will remit all revenue to the City, and the City will pay a portion of that revenue—
approximately $700,000, based on actual expenditures—to the vendor for its services.
This change in contract structure was not built into the FY2014-15 Operating Budget.
• Considerations: The parking management contract accounting change will have
a direct impact on the FY 2014-15 budget by increasing revenues and expenditures by
$700,000 in the Parking Enterprise Fund from $3,519,925 to $4,219,925. Starting
February 1, 2015, the City will receive 100% of the parking revenue from City-owned
parking lots at the Oceanfront as well as the 9th and 31st Street garages, and therefore
will have additional money coming into the fund compared with budgeted amounts. In
order to pay the cost of the parking management contractor, the additional revenues of
$700,000 need to be appropriated.
• Public Information: Public information will be provided through the normal
agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: SGA/Resort Management Office A r
City Manager:k .. s.-0-02,
1 AN ORDINANCE TO APPROPRIATE REVENUES TO THE
2 STRATEGIC GROWTH AREA OFFICE FOR THE PARKING
3 ENTERPRISE FUND
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7
8 $700,000 is hereby appropriated, with estimated parking fee revenues increased
9 accordingly, to the FY 2014-15 Operating Budget of the Strategic Growth Area Office
10 Parking Enterprise Fund for costs related to the parking management contract at the
11 Oceanfront.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Budgets n.' Management Se ices V A orne s Office
CA13265
R-1
January 28, 2015
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CITY OF VIRGINIA BEACH
AGENDA ITEM 1
ITEM: An Ordinance to Appropriate State Funding from the Virginia Department of
Transportation for Roadway Maintenance
MEETING DATE: February 17, 2015
• Background: The City of Virginia Beach receives funding from the Virginia
Department of Transportation ("VDOT") annually for the maintenance of roads based on
a distribution formula. This funding is estimated in the annual operating budget to
support related activities. The FY 2014-15 estimate recently increased as a result of an
adjustment to the VDOT Urban Maintenance funding formula. This action allows
distribution of overweight permit fee revenue based upon eligible lane miles. The City's
share of this supplemental payment is $9,445, to be distributed quarterly. Additionally,
the revised VDOT reimbursement rates for FY2014-15 have increased the estimated
mileage payments for local and collector streets by $677,629.
• Considerations: The additional $687,074 in VDOT revenue will be put into the
Public Works maintenance budget and could be used for resurfacing an additional 11.5
lane miles of arterial roadway.
• Public Information: Public information will be provided through the normal City
Council agenda process.
• Recommendations: Adopt the ordinance to estimate the additional
reimbursement revenue from VDOT and appropriate the funding to the Public Works
Department FY 2014-15 Operating Budget to complete additional maintenance and
resurfacing activities.
• Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Works pAel
City Manager. S �l
1 AN ORDINANCE TO APPROPRIATE STATE
2 FUNDING FROM THE VIRGINIA DEPARTMENT
3 OF TRANSPORTATION FOR ROADWAY
4 MAINTENANCE
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $687,074 is hereby appropriated, with estimated revenue from the Virginia
10 Department of Transportation increased accordingly, to the FY 14-15 Operating Budget
11 of the Department of Public Works for roadway maintenance.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Service. City-Attorney' Office
CA13268
R-1
February 4, 2015
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized
Assets Special Revenue Fund to Continue a Current License for a Law
Enforcement Web Application
MEETING DATE: February 17, 2015
• Background: The Police Department requests the use of $106,000 from the
fund balance of the Police State/Federal Seized Fund to continue a current license for a
law enforcement web application that is used for investigative purposes. On November
12, 2013, City Council approved $159,000 for a three-year license for this product. The
vendor would only bill for a one-year term, which was paid using the November 2013
appropriation. The authorization for the remaining two years lapsed to the Police
State/Federal Seized Fund fund-balance at the close of Fiscal Year 2014. The Police
Department requests that the remaining $106,000 be re-appropriated for continuation of
the web application's license. The vendor has agreed to allow the Police Department to
pay for the remaining two years under one invoice this fiscal year.
The software that is the subject of this request provides public safety agencies with a
records management system for pawn, precious metals, second-hand and junk-dealer
records. The 98 businesses in Virginia Beach that meet these descriptions are required
by code to report purchase transactions. This technology assists detectives that track
pawn and second-hand transactions, which ultimately helps identify and recover
property and potential suspects.
• Considerations: There is sufficient fund balance in the Police Federal/State
Seized Assets Special Revenue Fund to cover this cost. According to the Department of
Justice, these funds are to be used to provide law enforcement agencies monetary
resources to assist in accomplishing their mission and cannot be used to supplant local
funding.
• Public Information: Public information would be made available through the
normal Council Agenda process.
• Recommendation: Adopt the attached ordinance.
• Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department J ,0... —
City Manager: S k
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL
3 REVENUE FUND TO CONTINUE A CURRENT LICENSE
4 FOR A LAW ENFORCEMENT WEB APPLICATION
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That $106,000 is hereby appropriated from the fund balance of the Federal/State
10 Seized Assets Special Revenue Fund, with specific fund reserve revenue increased
11 accordingly, to the FY 2014-15 Police Department Operating Budget for a software license
12 to a law enforcement web application.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Budget and Management Se ices " I y Attor- -!s Office
CA13267
R-1
February 3, 2015
II
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
PROCESS IMPROVEMENT STEERING COMMITTEE
VIRGINIA BEACH HEALTH ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
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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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