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CITY OF VIRGINIA BEACH FUNDING ISSUES -
1. Group Home Beds in the Locality for Youth Needing Out of Home
Placement
2. CSA Administrative Allocation
3. Support for Additional State General Fund Dollars for Mental Health
Programs
4. Funding for the Virginia Beach Juvenile Detention Center
5. State Aid to Virginia Public Libraries
6. Info-Powering the Commonwealth
7. Virginia Beach and TCC Lifelong Learning Center
8. Sheriff s Work Release Facility
9. Transportation
10. Virginia Aquarium, Marine Science Center Marine Animal Research &
Conservation Initiatives
11. Virginia Beach Convention Center Funding
12. Contemporary Art Center of Virginia Funding
13. The Sandler Center for the Performing Arts Funding
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28-29
29-30
30-31
a state official, can successfully recruit and reclaim deputies who provide a much-needed
public safety service. Again as mentioned in last year's Community Legislative Agenda,
the State should fully fund State services before it considers limiting the localities ability
to provide the necessary funding to keep State services in satisfactory operation.
The General Assembly also failed during the 2006 Session to address the under funding
of the car tax relief program. When the car tax was capped during the 2004 General
Assembly session there was approximately $270 million of under funding in car tax
reimbursements to localities. This means that localities like Virginia Beach, who are so-
called "spring billers", are reimbursed from the following fiscal year, instead of the year
in which the year the car tax relief is provided. The General Assembly should fix this
budget inaccuracy immediately. Localities would not be allowed to pay for current fiscal
year liabilities with future fiscal years revenue.
Finally, the General Assembly has not addressed the transportation issue, although a
Special Session of the General Assembly may happen before the start of the 2007
Regular Session - it still remains highly likely that this action will leave transportation
woefully under funded. As the City has repeatedly expressed, a statewide transportation
revenue shortfall of close to $1 billion per year exists. Unless this is addressed soon the
City will see even more pronounced cutbacks in the amount of urban allocation funds
available to the City, for roads such as Nimmo Pkwy, Princess Anne Road, Witchduck
Road Interchange, Witchduck Road improvements, Lynnhaven Parkway improvements,
Shore Drive improvements, etc. Furthermore, the General Assembly will likely
inadequately address the needs identified by the Metropolitan Planning Organization
(MPO).
There is still $275 million in long-term revenues needed in the region as well as the
ability to toll both new and existing parallel facilities. The General Assembly also needs
not to interpose its will in the Federal mandated MPO process. Prioritizing Route 460 for
instance, as a higher priority than 1-64 on the Southside, makes little sense. Allowing
travelers to utilize an improved Route 460 to then be stuck on four lanes of a very
congested highway along 1-64 in Chesapeake is counter intuitive and makes little sense.
This is also true if a new Southeastern Parkway and Greenbelt was constructed and then
to be hamstrung by an unimproved 1-64 in Chesapeake.
Finally, transportation funding should not be done at the cost of funding other State
services. New revenues need to be found for transportation rather than stealing from
under funded services as mentioned above, such as, education, public health, corrections, etc.
Page 4
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Sec. 3.02:1. Election of Council Members.
There shall be a general election on the first Tuesday in May in even
numbered years for the election of councilmembers to replace those '.vhose
tcrms expire at the end of June of that year. Pursuant to an ordinance
adopted by City Council on June 27, 2006, City Council elections shall
take place during the general election in November 2008, and during the
November general election in even years thereafter, for councilmembers
whose terms expire at the end of December of that year. Councilmembers,
including the mayor, whose terms expire as of June 30, 2008 or June 30,
2010 shall continue in office until their successors have been elected at the
November election and take office on January 1. The term of office for
each councilmember shall commence on Ally January 1 next following the
date of election and shall continue until his successor has been duly
elected and qualified. Each candidate shall state, at the time of filing,
whether he is running at-large, from the district of his residence or for
mayor. Candidates for council shall be nominated only by petition in the
manner prescribed by general law.
Sec. 3.02:2. Election of mayor.
The mayor shall be elected at the general election on the first Tuesday in
May 1988 in November 2008, and each fourth year thereafter, to serve for
a term of four years. Candidates for mayor shall run for one of the at-large
seats. A candidate running for mayor shall not run for any other seat.
In the event any councilman, including the mayor, shall decide during his
term of office to be a candidate for mayor, he shall tender his resignation
as a councilman not less than ten days prior to the date for the filing of
petitions as required by general law. Such resignation shall be effective on
June 30 December 31, shall constitute the councilman's intention to run
for mayor, shall require no formal acceptance by the remaining
councilmen councilmembers and shall be final and irrevocable when
tendered.
The unexpired portion of the term of any councilman councilmember who
has resigned to run for mayor shall be filled at the same general election.
Sec. 16.04. Election of the board.
A. L\t the general election held in May of 1991, the qualified ',coters of
the city shall elect one board member from each of the boroughs of
Bayside, Kempsville, Lynnha',cen, and Pungo for terms of four years, and
hvo at large members for terms of four years. At the general election held
in May of 1996, the qualified voters of the city shall elect one board
member from each of the boroughs of Blacb:>:ater, Princess Anne, and
Virginia Beach for terms of two years, and two at large membcrs for terms
of four years. Beginning with the gcneral election held in May of 1998, a
All board members shall be elected in the same manner and according to
the same schedule that councilmembers are elected. Thereafter, all board
mcmbers shall be elected~ for terms of four years. Beginning in 1998, and
Page 6
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CITY OF VIRGINIA BEACH
2007 NON-FuNDING ITEMS
1. CONFIDENTIALITY OF JUVENILE JUSTICE RECORDS - GANG ACTIVITY
Police Department
Human Services Department
Background Information:
Virginia Code ~ 16.1-300.A.6 requires law enforcement officers, school officials, and
probation officers that have a legitimate interest in a juvenile case to obtain a court order
before being allowed access to the social, medical, psychiatric and psychological reports
and records of children who are or have been: before a court, under court supervision,
receiving services from a court service unit, or committed to the Department of Juvenile
Justice. A court order is not required for several other officials and agencies that have
legitimate interests in a juvenile case. Instead, the law provides strict parameters around
the circumstances under which such information may be released to those individuals.
Law enforcement officers, school officials, probation officers, and juvenile courts need to
be able to immediately share information during the investigation of criminal gang
activity. Obtaining court orders every time information is needed is cumbersome and
time-consuming and could impair time-sensitive gang-related investigations.
Request:
The General Assembly is requested to amend the State Code to allow law enforcement
officers, probation officers, and school officials' access to juvenile court records when
such officials are conducting an investigation into gang activity involving a specific
juvenile.
2. CIVIL PENALTIES FOR FIRE CODE VIOLATIONS
Chie(Greg Cade
Fire Department
Background Information:
The Virginia Statewide Fire Prevention Code (SFPC) provides for the use of summonses
for fire code violations when the Fire Official is trained in accordance with the Code of
Virginia (~ 27-34.2). Violations of the SFPC are Class I misdemeanors (~ 27-100).
Page 8
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system. A civil penalty would provide for a more timely resolve to violations making it
less attractive to violate the Code and then manipulate the system while continuing to do
business in the same unlawful manner. Civil penalties would, hopefully, result in a safer
Commonwealth for our citizens and visitors.
3. CHILD ENDANGERMENT FROM ILLEGAL FIREWORKS
ChiefCireg Cade
Fire Department
Background Information:
Fireworks are strictly regulated in the Code of Virginia and the Virginia Statewide Fire
Prevention Code. The City of Virginia Beach strengthens the Code, declaring all
fireworks illegal for use, sale or storage. Fireworks have become an increasing problem
in the city on major holidays, such as Memorial Day and Independence Day. The quantity
and quality of fireworks has continued to increase with professional quality fireworks
being made available to consumers through out-of-state purchases and over the Internet.
These fireworks pose a considerable hazard to both life and property. In many instances
adults and fall into the hands of children obtain these fireworks. The fireworks problem
out paces all enforcement efforts and the problem continues to increase every year. This
year there were a number of children treated in emergency facilities across the city as a
result of fireworks injuries.
Request:
The General Assembly is requested to enact mandatory reporting by all emergency
medical facilities and Emergency Medical Technicians for all juvenile fireworks injuries.
Reports should be filed with Child Protective Services (CPS) with the requirement that
CPS forward the information to the local Fire and Police Official for further
investigation. The investigation findings would be shared with CPS, and as a joint effort
between Law Enforcement, Fire and CPS, each incident would be addresses. The intent
of the investigation is to seek out parents who knowingly allow a child to utilize
fireworks. The investigation would also help reveal where some of these more dangerous
fireworks are coming from with the hope that additional enforcement actions could limit
the influx of illegal fireworks into Virginia or may support increasing the penalty to a
felony for selling fireworks. The felony charge would allow offenders to be brought to
justice when out of state.
4. TRANSFER OF PROPERTY FOR LASKIN ROAD IMPROVEMENT PROJECT
James K. Spore
City Jlanager
City ojTirginia Beach
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6. MEDICAID COVERAGE FOR OUT OF STATE RESIDENTIAL PLACEMENTS
Terry Jenkins
Department Director
Human Services
Background Information:
Due to the severity of illness and level of need for many CSA youth needing out of home
placement, we are forced to seek residential treatment outside of the state of Virginia.
While these children have Medicaid coverage, it is quite difficult to access coverage for
these out of state services. Costs for out of state placement frequently exceed $130,000
per year. Medicaid policy states "If a child requires this level of service that is not
available in Virginia, an out of state provider may enroll for a specific child for the
duration of that admission." The time it takes to go through this child specific enrollment
process does not take into account the need for emergency placement, and can take
several weeks to authorize. If the locality, in the best interest of the child, proceeds with
the placement without preauthorization, they run the risk of having to cover the cost of
this stay, despite the fact that the child has Medicaid since there is no guarantee that
Medicaid will authorize temporary provider status. This past fiscal year, Medicaid had a
freeze on approving out of state providers which further complicated placement issues.
Request:
The General Assembly is requested to direct the Department of Medical Assistance
Services to utilize the same authorization process as is currently used for in -state
residential placements for out- of- state placements, provided the locality can assure that
there are no willing in-state providers for needed services.
7. REvIEW OF ApPLICATIONS FOR STATE OR FEDERAL FUNDS OR SERVICES USED
IN SUBSTANCE ABUSE PROGRAMS
Terry Jenkins
Department Director
Human Services
and Community Ciroups
Background Information:
In 37.2-311 of the Code of Virginia, states that no state agency that is authorized to issue
final approval or disapproval of, or to make a final review and comment on any
application for state or federal funds that are to be used in a substance abuse program
shall take final action on an application until it is reviewed and commended on by the
Department of Mental Health Mental Retardation and Substance Abuse Services
(DMHMRSAS). It further states that every applicant for any federal or state funds to be
Page 12
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9. RECOMMENDATION FOR JLARC To Do A COMPREHENSIVE STUDY OF VRS
BENEFITS
Patti Phillips
Departrnent Director
Finance
Background Information:
The Virginia Retirement System has been in place since the 1950s and may not fit the
needs of today' s workforce. Therefore, we recommend that a thorough examination of
retirement benefits be conducted.
Request:
JLARC is directed to conduct a comprehensive study of VRS benefits to include a review
of law enforcement benefits, disability provisions, return-to-work, and defined
contribution retirement plans, especially as they relate to attracting and retaining a quality
workforce.
10. BETTER REpORTING OF VRS ACTUARIAL DATA TO LOCALITIES
Patti Phillips
Department Director
Finance
Background Information:
Each locality in VRS receives an annual actuarial evaluation in a standard format. The
actuarial evaluation is based on locality specific data, but much of it is not included in the
report. This makes it very difficult for a locality to understand the retirement cost of the
different classes of covered employees (such as general employees and public safety
employees) and the specific assumptions for a locality that are driving its costs (such as
job-related disability retirements). A recent study by JLARC concluded that is essential
that VRS provide more information to localities and the City of Chesapeake is expressing
the same concern.
Request:
The City of Virginia Beach supports a legislative directive to the Virginia Retirement
System to provide local governments with expanded information on VRS costs.
Page 14
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unlawful conduct warrants the on-going attention of law enforcement. Amending the
definition of "criminal street gang" by removing the act of felony violence requirement
will allow law enforcement access to otherwise confidential juvenile records that will
enhance their efforts to thwart the escalating gang activities of these younger groups.
B. State law provides that a member of a gang who commits a "predicate criminal act" is
guilty of a felony separate and in addition to the underlying predicate act. The current
definition of "predicate criminal act" lists the limited offenses that constitute such an act.
The definition of "predicate criminal act" needs to include any and all felony offenses
involving a firearm or other weapon.
Request:
The General Assembly is requested to:
. Amend the definition of "criminal street gang" found at Virginia Code ~ 18.2-
46.1 to remove the requirement that the group's members must have committed a
felony act of violence in order for the group to be classified as a "criminal street
gang. "
. Amend the definition of "predicate criminal act" found at Virginia Code ~ 18.2-
46.2 to include all felony acts involving the use of a firearm or weapon.
18. ENDORSEMENT OF GOVERNOR KAINE'S ENHANCING OPPORTUNITIES FOR
SMALL, WOMEN AND MINORITY OWNED BUSINESSES
Council Alember T'illanueva
Virginia Beach City Council
Background Information:
Governor Kaine has stated that it is "imperative that the Commonwealth of Virginia
maximize the participation of its citizens in the vast array of commercial opportunities in
state government. The Commonwealth historical record in buying goods and services
from small, women and minority owned businesses must be improved." City Council is
fully in support of this initiative.
Request:
The General Assembly is requested to support Governor Kaine's effort to increase the
participation of small, women and minority owned businesses in the State's contracting
and purchasing processes. The goal is that 40% of the purchase be made from small
Page 18
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Request:
The General Assembly is requested to amend the state constitution to allow for a local
option non-means tested tax freeze for all senior citizens. The General Assembly would
need to enact legislation during the 2007 Session. There would be an intervening
election in 2007 and the same legislation would need to be passed in 2008. The voters
would then vote on the referendum for the constitutional amendment in the November
2008 election. The constitution would then be amended effective January 1,2009.
21. CREATION OF STATE INSURANCE "WIND POOL"
Council Alember John Uhrin
City ofT'irginia Beach
Background:
Property owners in Virginia Beach, particularly at the oceanfront, are able to purchase
insurance for wind damage from the secondary insurance market at high rates and high
deductibles. Many other coastal states have established a "wind pool" insurance program
that is available in specific geographic areas. Policies have been provided at more
reasonable rates and deductibles. Wind has become, to most insurance carriers, the
biggest risk in the Virginia Beach area. A $25 million piece of property could have a two
percent wind deductible making the deductible payment $500,000. This is in great
contrast to the more reasonable $5,000 deductible that was available just a few years ago.
The wind insurance premium increases must also be considered as many Virginia Beach
businesses are being forced to pay 300 percent increases.
Request:
The General Assembly is requested to pass enabling legislation required for the creation
of a state insurance "wind pool" so that wind damage insurance can be provided at a
more reasonable cost with lower deductibles.
Page 20
CITY OF VIRGINIA BEACH
2007 FUNDING ITEMS
1. NEED FOR ADDITIONAL GRoup-HoME BEDS IN THE LOCALITY FOR YOUTH
NEEDING OUT OF HOME PLACEMENT
Terry Jenkins
Department Director
Human Services
Background Information:
Efforts have been underway for the last several years to develop a 12-bed Group Home
adjacent to the Juvenile Detention Center for teens needing out of home placement. This
site has been approved previously and a conditional use permit was issued, however,
funding for construction remains a need. The proposed facility would become a city-
owned building, for the Tidewater Regional Group Home Commission to operate, setting
up a fee structure with the Comprehensive Services Act to cover the operational costs
using child specific billing for services. The adolescents served would be CSA-mandated
older adolescents in foster care with some capacity to accept court-involved youth
utilizing Juvenile Court Services and other funding sources for non-mandated youth. HB
577 now requires CSA to justify out of jurisdiction placements. In FY 2005, Virginia
Beach youth were served in thirteen (13) Group Homes outside the city limits at a cost of
$1,036,542. Development of this site would better enable us to serve youth within the
city limits. We would also build in mental health services provided by Human Services
as needed. Funding was requested in the amount of $1,000,000 several years ago for this
project. Due to rising construction costs, this estimate has nearly doubled.
Request:
The General Assembly is requested to approve an appropriation of $1.9 million dollars
for the construction of a 12-bed facility to be used as a group home for CSA-mandated
and non-mandated youth needing out of home placement. Operational costs would be
paid with CSA funds and Juvenile Court Services funds, and other fee revenue.
Page 21
2. CSA ADMINISTRATIVE ALLOCATION
Terry Jenkins
Department Director
Human Services
Background Information:
The funding formula to carry out the provIsIOns of the Comprehensive Services Act
defines the formula for local administrative costs based upon pool allocations from 1997.
The maximum allocation any locality can receive for administrative costs is $50,000.
This amount has not increased in the past 8 years, despite continuing increases in the
oversight responsibilities of CSA. FY 05 expenditures for CSA in Virginia Beach were
$8,460,206 million dollars, which required a supplemental request of additional state and
local dollars. For FY 06, the CSA Budget is $5,479,949, which means a supplemental
request will likely be needed again this year as well. Covering additional administrative
costs on top of the local share of any supplemental request for child-specific services is
an undue hardship.
Request:
The General Assembly is requested to amend Title 2.2, Chapter 52 of the Code of
Virginia to increase the maximum administrative allocation to $100,000 in order to
improve localities ability to meet the administrative requirements of the CSA.
3. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL
HEALTH PROGRAMS
Terry Jenkins
Department Director
Human Services
and Community Groups
Background Information:
There continues to be substantial need in the community for mental health, mental
retardation and substance abuse services, as evidenced by growing waiting lists for
community-based care. There also continues to be substantial needs in child- care,
housing, employment, health care, and transportation for low income and disabled
families.
Request:
The General Assembly is requested to fully fund the mental health, mental retardation,
and substance abuse system to meet the needs of children and adults on waiting lists for
services. Additionally, the City requests that funds be made available to meet the needs
Page 22
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8QLYHUVLW\1RUIRON6WDWH8QLYHUVLW\+LJKHU(GXFDWLRQ&HQWHULVORFDWHGDGMDFHQWWRWKH
7&&9LUJLQLD%HDFK&DPSXV,WVVTXDUHIRRWIDFLOLW\VHUYHVDSSUR[LPDWHO\
VWXGHQWVLQXQGHUJUDGXDWHJUDGXDWHFRQWLQXLQJHGXFDWLRQDQGZRUNIRUFH
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Request:
The total estimated cost for design, site selection and construction of a facility is $6.7
million. While total project costs are subject to change pending the completion of the
design work and bid of the project. In 2005-2006, $600,000 in City dollars was allocated
to fund preliminary design work and site selection of the facility. State funding for this
project was recently eliminated from the State's Biennial budget and the City is
requesting that in the interest of public safety the General Assembly restore funding of at
least 25% of the total proj ect.
9. TRANSPORTATION
James K. Spore
City Jlanager
City on 'irginia Beach
Background Information:
Local governments under federal law are required to engage in a long-range
transportation planning process. The long-range transportation plan must be both fiscally
constrained and comply with air quality conformity requirements. The Hampton Roads
region has been engaged for several years in the 2030 Long Range Plan and has
identified a number of proj ects for funding.
In addition to the six major projects that are part of the MPO package, which include, 1-
64 Improvements in the Peninsula and Chesapeake, the Third Crossing, the Mid-town
Tunnel Improvements, Route 460 and the Southeastern Parkway and Greenbelt -
including Route 17 improvements; there are also projects in the primary, secondary and
urban system that need funding.
It is predicted that by 2012 that the State will be unable to build any new transportation
projects and will only have funds for maintenance of existing projects. The cost for
maintaining Virginia's existing roads is increasing by $50 million per year. Unless
substantial funds are made available on a statewide basis, the City will continue to see a
decrease in urban funds, which fund projects like Nimmo Parkway, Princess Anne Road,
Shore Drive, Northampton Boulevard, Witchduck Road, Indian River Road, etc.
Furthermore, Virginia Beach is at the end of the cul-de-sac that begins along interstate 1-
64 in the Richmond area and the entire region is beginning to lose its edge in economic
development because of transportation issues. For instance, the City of Virginia Beach
has seen a decrease of over 300,000 overnight visitors per year for the last several years
because of traffic congestion issues - according to the Old Dominion University Annual
Survey at the oceanfront. Furthermore, there is quantifiable data that businesses have
made decisions not to increase their presence in Hampton Roads or to institute a presence
in Hampton Roads because of transportation issues. Suffice to say that the timely
movement of people, goods and services is vital to the economic wellbeing of our
Page 26
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Now in Phase Two of its capital improvement and endowment campaign, CAC is seeking
the Commonwealth of Virginia to complete its match of the City of Virginia Beach's
Phase One appropriation. This investment by the Commonwealth will enable CAC to
meet increasing demands for on-site educational programs, outreach, world-class
exhibitions, performances, and corporate and private functions at CAC's museum and
studio school in Virginia Beach. The Commonwealth of Virginia funds requested are a
direct match for the funds appropriated in Phase One from the City of Virginia Beach.
The grant will be used solely for the capital improvement and endowment campaign and
will fund much-needed modernization of CAC's security systems, grounds, technical
capabilities, galleries and classrooms.
Request:
The General Assembly is requested to provide $750,000 to the Contemporary Art Center
of Virginia.
13. THE SANDLER CENTER FOR THE PERFORMING ARTS FUNDING
Emily Spruill
Director o(Cultural Af(airs
City on'irginia Beach
Background Information:
The Sandler Center for the Performing Arts, a 1200-seat, 84,000 square-foot facility, will
be the cultural centerpiece of Virginia Beach, located at the core of the City's emerging
Town Center. When it opens in Fall 2007, the Center will have spaces for performances,
public and performer support and it will give the opportunity to expand the type and
diversity of the performing arts programs in Hampton Roads and the State of Virginia.
The $47 million facility, built under Virginia's PPEA process, will have a full range of
amenities, meeting the needs of today and tomorrow. As a tangible demonstration of
their commitment, the Virginia Beach City Council dedicated $35 million of City funds
to the project. The Virginia Beach Performing Arts Center Foundation, a non-profit
organization spearheaded by some of the City's top civic and business leaders, is leading
a $12.5 million capital fundraising campaign. Over 70% of the goal has been raised to
date. This includes $1,460,000 from the Commonwealth.
The Sandler Center for the Performing Arts will have a dramatic impact to the State of
Virginia's tax base, generating over $2.2 million for the construction phase and $35,500
in annual State tax revenue. We ask the State to strengthen its commitment and
investment to the future of this cultural landmark and to the City as a whole, by
appropriating $500,000 for the operations of the Center.
The new location opening in Fall 2007 at the exciting Town Center development will
become a defining asset for social development for the City and Hampton Roads. It will
Page 30
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