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HomeMy WebLinkAboutSEPTEMBER 4, 2007 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYF.RA E. OBERNDORF, At-Large V/CE MAYOR LOUIS R. JONE$ Bayside - District d W/LLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - Di.strict 2 ROBF,RT M. DYER„ Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN F.. UHRlN, Beach - District 6 RON A. VlLLANUEVA, At-Large ROSEMARY W/LSON, At-Large JAMES !.. WOOD, Lynnhaven -District S CITY COUNCIL AGENDA I CITY MANAGER - JAMES K. SPORE C/7Y ATTORNEY - LESLIE L. LILLEY CITY CLERK - R UTH HODGES FR,9SER, MMC CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINlA 234568005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4 SEPTEMBER 2007 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. ANIMAL CONTROL FEES Dave Hansen, Chief of Finance and Technology B. LAND USE ITEMS REVIEW Jack Whitney, Director of Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Dan B. Goff Calvary Assembly of God 6:00 PM I 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. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. EXCESS CITY PROPERTY 1250 Bayne Drive re Fire Station No. 8 I. PUBLIC COMMENT 1. COMMUNITY LEGISLATIVE AGENDA 2. INDOOR SPORTS FACILITY Princess Anne Commons J. CONSENT AGENDA August 28, 2007 K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §§33-53 and 33-63 of the City Code re permits for pending utility work involving public streets and/or rights-of-way with notification to residents of adjacent properties -[Requested by Council Lady Wilson] 2. Ordinance to AUTHORIZE a Cooperative Agreement with the Virginia Beach School Board re legal services thereto by the City Attorney for FY 2008. 3. Ordinances re the Virginia Beach Rescue Squad, new Great Neck Rescue Station: a. AUTHORIZE $5,000,000 interest free loan, establish a Capital Improvement Program (CIP) and TRANSFER $750,000 b. DECLARE 2.46 acres at 1250 Bayne Avenue as Excess Property 4. Ordinances to ACCEPT and APPROPRIATE supplemental federal and state funds: a. $11,871,000 re Witchduck Road-Phase I site acquisition b. $45,000 re full-time Probation Officer for Community Corrections; $110,000 re Clinician II and III in the Child and Youth Program; $326,412 re services to mentally ill adults; and $255,928 re one-time start-up costs for Biznet in the Department of Human Services 5. Resolution re the FY-2007-08 State Performance Contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA) L. APPOINTMENTS HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ~'c~'c~~'c~'c~-c~~'c~c~-c~'c~c~c~'c~c~~c9ck~~'c~~~~~'c~~~~'c~'c~'c~c~ PUBLIC COMMENTS Non-Agenda Items ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CITYWIDE TOWN MEETINGS October 16, 2007 Location to be Announced - 7:15 pm FY 2008-2010 Budget January 15, 2008 Location to be Announced - 7:15 pm Stormwater Plans and Furcding ~~~~~**~~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 2/6/07/st www.vb o~om * X~C ~C ~C ~C X JY 7~C 7F i~C . pN~ BEq~~ f.iti~ a":,='w„=; ,~'G7 roF,c~ ;y~r~ {~; z~.. s~: :s~ ~<C`~``'---'~ ; ,-J ~ •~_„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 33-53 and 33-63 of the City Code Pertaining to Permits for Work On, Under or Over a Street or Public Right- of-Way MEETING DATE: September 4, 2007 ^ Background: Utility companies periodically need to perform work in the City's rights-of-way, many of which are located adjacent to private property. Such work often includes digging in ground that is adjacent to a residential property owner's yard. Private property owners often do not have advance notice of such work and do not know who to contact if the work results in property damage or other problems. Sometimes, even if the property owner happens to be home when the work is performed, he or she cannot determine who is responsible for the work, because the work is performed by a subcontractor, whose uniforms and vehicles contain no information that identifies them as the subcontractors of a particular utility provider. ^ Considerations: Utility companies are required to obtain a City permit prior to commencing any work in the public rights-of-way. As part of the permit process, the permittee must provide insurance and a bond, and the bond must be valid for at least one year after work is completed at the last household or location authorized by the permit. This ordinance contains two parts. The first part requires permittees to inform the City if subcontractors will be used. If so, the permittee must provide the name, business address, and telephone number of each subcontractor, as well as the name and telephone number of the representative of the permittee who is responsible for supervising the subcontractors. The second part of the ordinance requires permittees to provide written notice to private property owners, via a door hanger on the property's front door, no sooner than seven days before the work is commenced, but no later than 24 hours before the work begins. The notice must contain the name of the permittee, the permit number, when the work will be performed, the name of the representative of the permittee who is responsible for supervising the work (whether it is done by subcontractors or the permittee itself), and the telephone number for the City's permitting office. ^ Public Information: Information will be disseminated to the public through the normal Council agenda process. ^ Attachments: Ordinance Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AMEND SECTIONS 33-53 AND 33-63 OF THE CITY CODE PERTAINING TO PERMITS FOR WORK ON, UNDER OR OVER A STREET OR PUBLIC RIGHT-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 33-53 and 33-63 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained to read as follows: Sec.33-53. Application. (a) Application for a permit required by this division shall be filed on forms supplied by the city. Such application shall show all required information and be signed by the applicant or his authorized agent. Such application shall include a description of the work to be done1 a~ a sketch or site plan showing such work, if required by the city manager or his designee a statement as to whether subcontractors will perform any work pursuant to the permit and, if so, the name, business address, and telephone number of each subcontractor, and the name and telephone number of an emplovee, aaent or representative of the applicant who is responsible for supervisinq the subcontractors. COMMENT This amendment will require any applicant for a permit to perform work on, under or over a street or in a public right-of-way to inform the City, as a part of the permit application process, of the name, address and telephone number of any subcontractors. The applicant also must provide the name and telephone number of the employee, agent or representative of the applicant who is responsible for supervising the subcontractors. Sec.33-63. Contents. (a) Permits issued under this division shall specify the manner and the conditions under which the permitted work shall be done. Unless otherwise specified in the permit, every permit issued shall be deemed to include the following provisions: (1) Public travel shall be protected by adequate lights, barricades and appropriate warning signals and signs at all times. For maintenance of traffic, the permit shall be accompanied by a traffic maintenance/control plan indicating proposed measures for adequate traffic maintenance and such plan shall be approved by the traffic engineer. (2) Public travel shall be blocked only in the manner specified in the permit and as depicted on the traffic maintenance/control plan approved by the traffic engineer. 46 (3) Pavement shall be used for piling or storing of excavated material or for 47 deposit of material and the placing of equipment only as specified in the 48 permit. 49 50 (4) The maximum amount of ditch, trench or other excavation to be opened at 51 one time shall not exceed five hundred (500) feet, including the backfilled 52 portion of any trench which is not in condition for public travel, unless the 53 city manager or his designee finds reason for exception. 54 55 (5) All backfilling of excavations shall be done to a ninety-five (95) percent 56 density compaction. Compaction by using water shall not be permitted. 57 58 (6) On pavement cuts, the pavement shall be restored to its former 59 dimensions, cross-section and profile, with material conforming to city 60 specifications. 61 62 (7) No tree roots shall be cut to the extent of rendering the tree unsafe and, if 63 possible, tunneling through or under roots instead of cutting anchor roots 64 shall be followed. 65 66 (8) Shoulders, ditches and drainage mediums shall be left in the same 67 condition as found or as specified in the permit. 68 69 (9) The permittee agrees to repair any sinks in the backfill or pavement 70 occurring within one year after the work done under the permit is 71 completed. 72 73 (10) If entrances to adjacent property are affected, the permittee shall, if 74 practical, provide temporary facilities for safe ingress and egress to such 75 property. 76 77 (11) The permittee agrees to restore the street to a satisfactory condition 78 consistent with adjoining sections of the street. 79 80 (12) The permittee agrees, by the acceptance of the permit in question, to 81 indemnify, keep and hold the city free and harmless from liability on 82 account of injury or damage to persons or property growing out of activity 83 authorized by the permit, whether suit is brought against the city either 84 independently or jointly with the permittee. 85 86 (13) The permittee agrees, by the acceptance of the permit in question, upon 87 notice in writing, to remove or relocate any structure or installation placed 88 in, on, under or over any street, if such structure or installation interferes 89 with the use of the street. 90 91 (14) The permittee shall promptly report {#~} to the city manager or his 92 designee when the work authorized by the permit is completed. 93 94 15 The permittee shall provide written notice to any and all adjacent private 95 propertv owners prior to performinq work in public riqhts-of-wav that are 96 adjacent to private properties. Such notice shall include the followinq: 1) 97 the full name of the permittee; 2) the permit number; 3) when the work will 98 be perFormed; 4) the name and telephone number of the emplovee, aqent, 99 or representative of the permittee who is responsible for supervisinq the 100 work; and 5) the telephone number for the citv's permittinq office. The 101 written notice shall be provided to the private property owner bv a door 102 hanqer on the propertv owner's front door, which shall be placed on the 103 door at least twenty-four (24) hours prior to permittee commencinq work, 104 but no more than seven (7) days before such work is commenced. In the 105 case of an emerqencv in which the permittee is required to immediatelv 106 commence repair work, the permittee shall provide the written notice 107 described herein, but the notice mav be provided contemporaneously with 108 the commencement of the repair work. 109 110 (b) When any work or installation for which a permit is required by this division 111 will or may disturb or obstruct any natural or artificial drainage medium, including 112 ditches, storm sewers, ravines and the like, the permit shall specify the manner in which 113 surface water shall be controlled during the progress of the work and thereafter, if the 114 disturbance or obstruction is a permanent nature. 115 116 COMMENT 117 This amendment will require permittees to provide written notice to adjacent property 118 owners at least 24 hours before work is begun, but not more than 7 days prior to beginning work. 119 The notice must include the name of the permittee, the permit number, when the work will be 120 performed, the name and telephone number of the employee, agent or representative of the 121 permittee who is responsible for supervising the work (whether done by a subcontractor or by the 122 permittee itsel~, and the telephone number for the city's permitting office. Notice must be in the 123 form of a door hanger on the front door of the property. If there is an emergency, permittee must 124 still provide the required notice via a hanger, but the notice may be provided at the same time as 125 the work is commenced. 126 127 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 128 day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office CA10403 R-7 August 30, 2007 -,~".,,.. o :r ``~ ~c.'.''>> ~~ r g ~';6~ ~t; ?z~ <" x--_. g s~ <~`~, J `',, lL ~i~~~~M~~J~J ~F.~.vv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between City Council and the Virginia Beach School Board for the Provision of Legal Services to the Board by the Office of the City Attorney in Fiscal Year 2008 MEETING DATE: September 4, 2007 ^ Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On August 7, 2007, the attached Cooperative Agreement was approved by the School Board. ^ Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Assistant City Attorney (Elizabeth K. Ufkes), and one legal secretary (Eileen Hodge) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. ^ Public Information: The ordinance is to be advertised as a routine agenda item. ^ Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor OberndorF to execute it on behalf of the City Council. ^ Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting DepartmentJAgency: City Manager: City Attorn J 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE VIRGINIA BEACH SCHOOL BOARD FOR THE 4 PROVISION OF LEGAL SERVICES TO THE BOARD 5 BY THE OFFICE OF THE CITYATTORNEY IN FISCAL 6 YEAR 2008 7 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 WHEREAS, the Cooperative Agreement for FY 2007, which expired on June 30, 13 2007, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 14 renewed each fiscal year ...;" and 15 WHEREAS, City Council agrees that it is in the best interests of the City and the 16 School Board for the Office of the City Attorney to continue to provide legal services to the 17 School Board pursuant to the revised Cooperative Agreement for FY 2008. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2008, a copy of which is attached hereto. 22 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 23 on behalf of the City Council. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 25 , 2007. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: i ~~ • City Attorney CA10490 R-1 August 28, 2007 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2008 Factual Back~round: 1. Citv Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of Citv Attornev. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authoritv. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Le~al Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Reco~nized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attornev. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Contlicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiectives• The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. 2 A~reement• NOW, THEREFORE, the City Council and the School Board hereby agree as follows: l. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 %Z) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2008 these services to be provided as follows: A. The City Attorney will dedicate two attorneys on-site at the School Administration Building to the School Board and the School Administration who will devote all of their time (i.e., 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Elizabeth K. Ufkes, Assistant City Attorney. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorneys assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the dedicated attorneys shall be 3 mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the School Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney ar other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board members. 3. Mana~ement of Le~al Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and 4 shall assist the School Board and Administration in the management of the School Board's legal matters; and that the City Attorney shall report to the School Board concerning those matters he has been assigned by the School Board to manage andlor handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Abilitv to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $300,581.07 from its FY 2008 Operating Budget to the FY 2008 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 5 8. Term and Termination of A~reement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2007, and ends June 30, 2008, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF CITY OF VIRGINIA BEACH By: Daniel D. Edwards, airman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Oberndorf, Mayor School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Auqu.st ?, , 2007. By: _~~-wri,c. ~ G~.~o~e~(.ch. School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2007. By: City Clerk 6 ~ N~a~aeq~~ Y'~~p .h'L] 04 _ .,e:' pcy7 1~,. nty ~~ Y-.._,_.~ ~ ! ~~ -,,~ „-" J t~,., ;;.~ .;,,~,. _ ~Y.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: 1. An Ordinance to (1) Authorize a$5,000,000 Interest-Free Loan from the General Fund, Fund Balance to the Virginia Beach Rescue Squad for the Construction of a New Rescue Squad Building; (2) Establish CIP #3-058 EMS Great Neck Rescue Station Site Improvements; and (3) Transfer $750,000 from CIP #3-368 Various Site Acquisitions to CIP #3-058 EMS Great Neck Rescue Station Site Improvements 2. An Ordinance Declaring 2.46 Acres on Bayne Drive in Excess of the City's Needs and to Authorize the City Manager to Dedicate Such Property to the Virginia Beach Rescue Squad for Construction of a Rescue Station MEETING DATE: September 4, 2007 ^ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. The Virginia Beach Rescue Squad has expressed a desire to construct a new rescue squad station - Great Neck Station - behind Lynnhaven Middle School, off of Bayne Drive. The rescue squad has approached the City and requested a no-interest loan, not to exceed $5 million for the construction of this facility. The remaining costs are for site improvements and are estimated to be $750,000, which would be paid by the City. The rescue squad also has requested that the City dedicate approximately 2.46 acres of land (the "Property") to them from portions of two parcels of land owned by the City of Virginia B~ach on Bayne Drive (portion of GPIN 2408-43-3865 and 2408-45-3220). The Property is part of land that the City acquired in 1965 from Oscar Grimstead and Lydia Ann Grimstead, et al. (containing 13.180 acres), and from Edmund L. Whitehurst and Katherine D. Whitehurst, et al. (containing 40.291 acres) by deeds recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 893, at page 401, and Deed Book 889, at page 84, and also shown in Map Book 65, at page 7. ^ Considerations: The City has a history of making no-interest loans to the volunteer rescue squads for ambulances and the construction of a new building. The terms of this loan are the same as what the City offered for Rescue 14 - that the City will pay the site improvement costs up to five feet of the building and provide a no-interest loan for the construction of the building. The Virginia Beach Volunteer Rescue Squad and the City have agreed that the City will pay up to $750,000 of site improvement costs, and any costs beyond this will be paid by the rescue squad. The full $750,000 in site improvement costs to the City should now be transferred from CIP #3- 368 Various Site Acquisitions to CIP #3-058 EMS Great Neck Rescue Station Site Improvements. The loan for the rescue station on 17th Street was $1.25 million, repaid over 10 years. This loan is not to exceed $5 million, and will be repaid over 10 years. The property to be declared excess by City Council and dedicated to the rescue squad would be conveyed subject to the condition that the property must continue to be used as a station for a volunteer rescue squad. If it ceases to be used for such purpose, title would revert back to the City. ^ Public Information: The public will be notified of the ordinances via the Council Agenda as printed in the Beacon. Additionally, an advertisement was placed for the public hearing required by Virginia Code § 15.2-1800 et seq. ^ Alternatives: The City could choose not to provide this loan to the rescue squad, which would leave them to raise funds for the construction on their own. With respect to the land, the City could convey the property or retain ownership. ^ Attachments: Two ordinances, Promissory Note, Location Map, Exhibit Map, and Summary of Terms Recommended Action: Approval Submitting Departments: Emergency Medical Services and Public Works/Real Estate City Manager: ~ c~ ~~ ~ ~`~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO (1) AUTHORIZE A$5,000,000 INTEREST-FREE LOAN FROM THE GENERAL FUND, FUND BALANCE TO THE VIRGINIA BEACH RESCUE SQUAD FOR THE CONSTRUCTION OF A NEW RESCUE SQUAD BUILDING; (2) ESTABLISH CIP #3-058 EMS GREAT NECK RESUCE STATION SITE IMPROVEMENTS; AND (3) TRANSFER $750,000 FROM CIP #3-368 VARIOUS SITE ACQUISITIONS TO CIP #3-058 EMS GREAT NECK RESCUE STATION SITE IMPROVEMENTS WHEREAS, the Virginia Beach Rescue Squad, Inc. ("VBRS") wishes to pay for the design and construction of a new building to cost $5,000,000, but requests the financial assistance of the City of Virginia Beach through provision of an interest-free loan from the General Fund Fund Balance in the amount of $5,000,000. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That an interest-free loan in the amount of $5,000,000 be made from the General Fund, Fund Balance to the Virginia Beach Rescue Squad to assist it in the construction of a new rescue squad building - Great Neck Station. 2) That provision of the interest-free loan is conditional upon written request for payment and the provisions of a promissory note, pursuant to which VBRS shall repay the loan within 10 years. 3) That Capital Improvement Project #3-058 EMS Great Neck Rescue Station Site Improvements is hereby established. 4) That $750,000 is hereby transferred from CIP #3-368 Various Site Acquisitions to CIP #3-058 EMS Great Neck Rescue Station Site Improvements. 5) That the VBRS will be reimbursed up to $750,000 for site improvements within five feet of their new building. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007. Requires an affirmative vote by a majority of the members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: ~ ~- Management Services ~'~ + City Attorney's Offi CA10476 R-5 August 30, 2007 PROMISSORY NOTE $5,000,000 Virginia Beach, Virginia September 5, 2007 FOR VALUE RECEIVED, Virginia Beach Rescue Squad, Inc. a Virginia corporation, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FIVE MILLION DOLLARS ($5,000,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before September 5, 2008 -$500,000 On or before September 5, 2009 -$500,000 On or before September 5, 2010 -$500,000 On or before September 5, 2011 -$500,000 On or before September 5, 2012 -$500,000 On or before September 5, 2013 -$500,000 On or before September 5, 2014 -$500,000 On or before September 5, 2015 -$500,000 On or before September 5, 2016 -$500,000 On or before September 5, 2017 -$500,000 In any event, all outstanding principal owing under this Note shall be due and payable on or before September 5, 2017 (the "Maturity Date"). This Note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payrnent on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature and seal. VIRGINIA BEACH RESCUE SQUAD, 1NC. STATE OF VIRGINIA CITY OF , to wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2007, by (Name), (Title) of VIRGINIA BEACH RESCUE SQUAD, INC., a Virginia corporation, on behalf of the corporation. He/she is personally known to me or has produced as proper identification. Notary Public My commission expires: 1 AN ORDINANCE DECLARING 2.46 ACRES ON 2 BAYNE DRIVE IN EXCESS OF THE CITY'S 3 NEEDS AND TO AUTHORIZE THE CITY 4 MANAGER TO DEDICATE SUCH PROPERTY 5 TO THE VIRGINIA BEACH RESCUE SQUAD 6 FOR CONSTRUCTION OF A RESCUE 7 STATI O N 8 9 10 WHEREAS, the City of Virginia Beach owns an approximately 12-acre 11 parcel of property on Bayne Drive in the City of Virginia Beach, parts of which are used 12 for a public library and a fire station; 13 14 WHEREAS, the City Council of the City of Virginia Beach finds that the 15 City is in need of a rescue station in the Great Neck area of Virginia Beach; 16 17 WHEREAS, the City Council finds that it is in the best interests of the 18 citizens of the City of Virginia Beach to dedicate an undeveloped 2.46 acres (the 19 "Property") of such site, as shown on the "Exhibit Showing Proposed Site for Virginia 20 Beach Volunteer Rescue Squad Great Neck Station" attached hereto as "Exhibit A", to 21 the Virginia Beach Rescue Squad to facilitate the construction of a new rescue station; 22 23 WHEREAS, the City Council is of the opinion that the Property is in 24 excess of the needs of the City of Virginia Beach, and that the Property should be used 25 as a rescue station to serve the public and the citizens of Virginia Beach; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the Property is hereby declared to be in excess of the needs of the 31 City of Virginia Beach and that the City Manager is hereby authorized to execute the 32 documents necessary and deemed acceptable by the City Attorney to convey the 33 property to the Virginia Beach Rescue Squad, Inc., a Virginia corporation, in accordance 34 with the Summary of Terms attached hereto as "Exhibit B." Such conveyance shall be 35 subject to a reverter that shall operate to restore title to the Property back to the City of 36 Virginia Beach, if the Property should ever cease being used as a station for a volunteer 37 rescue squad. 38 39 This ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of , 2007. CA-10316 R-1 PREPARED: 8/27/07 V ~. A~pplicotions\cityl owprodAcycom32\ W pdocsVD017AP003V00038844-DOC APPROVED AS TO CONTENT ~~n ~~~ ~."`a ~~ ~ Public Works APPROVED AS TO LEGAL SUFFICIENCY , Law O O x U ~ J ~ ~ ~ Z w Q 2 Z r J Y O \ / U ~ ZZ O I O W V ~ ~ ~rj I \ ~ ~ W Z~ NI ~ LL '\ U O ~ ~/ / \ \ vl , ~ ~` , . ,{,{,'£L£ ~ ~~ ~~ ~ W (/~ ~ W (yJ H ~ J 0 Q . 0 ~ ~ ~' - ° - ---- -- a a r ~ ~ o ~, O Uw ~ w ~ w ~ w p U N C, ,) >- ~ g~ ~~ __'____ vW ~O Q m Z W U CG Z>~ ~¢ > ~ W rt Q ~~£ > ZE' Y ~ ~D~ZY I . ~ ~' ~JW ~ - we o ~~ oz ~ , ~ ~~ ~ N _ ~ F CLI O ~ X~ 2 w ~ ~ o~ os W ¢ U ~, w ~ _ z - m W i 0 m Q Q ~ Z Y w ~ U ~ z I > Q ~ t-- I --- - U I ~ I r ~ W N ~ ~ ~ ~ O ~ . _ - _ _ - _ _ n. T 1 I / 1 L I ~ _ _ - - _ l l ~ ' ~ ' _ --1- _ _ - ' ' SUMMARY OF TERMS DISPOSITION OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Virginia Beach Rescue Squad, Inc. PROPERTY: 2.46 acres of land located between the Great Neck Area Library (1251 Bayne Drive) and EMS Station #8 (1201 Bayne Drive) LEGAL DESCRIPTION: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "VIRGINIA BEACH VOLiJNTEER RESCUE SQUAD AREA = 2.46414 ACRES" as shown on that certain exhibit entitled: `BXHIBIT SHOWING PROPOSED SITE FOR VIRGINIA BEACH VOLUNTEER RESCUE SQUAD GREAT NECK STATION," a copy of which is attached hereto. SALE PRICE: To be dedicated on the condition that the property be used as a rescue station housing a volunteer rescue squad serving the City of Virginia Beach. ADDITIONAL CONDITIONS OF SALE • The Property shall be resubdivided at the City's expense in order to create parcels and eliminate interior lot lines for GPINs 2408-43-3865 and 2408-45-3200. • The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. • The City shall provide a physical survey. • The deed will contain a reverter clause, which will provide that the Property shall revert to the City of Virginia Beach if the property shall ever cease operation as a station for a volunteer rescue squad, serving the City of Virginia Beach. f r_, . .. . . . r+N G z~ ' _ ~. ` NpEzNE~ 3 ~ ~ ~ N ~ ~ N W M W 0 ~ U Q O ~ ~ ~~_ ~~/.~" ~ _ ~ ``,~ y~ ~ ~ a W ~ Qa ~ ' w ~ Z~~ V o ~~~ ~ ~ SLL~n W ~ ' ""~-- ~~ , a ~ ~ ~`~ '---~.~.~~ Q ~ ch --~ ~f W ,"~ ~ ~ W ~' t1 ~~ ~ ( Z I"~' ~ S +~r a- --. O ~ ~ " -`' a~N ~ (,~0~ ~ --~, p > z ~ ~~f Y ~ ~ = a ~-- W ~ v t~ Zm Q , _ W ~ ,~-- w ~ ~ Q ,w~ m ~` a _ ;,~- _~ ~ ? o ~ N ~ ~ ~ ~ ~ ~~~1~~ oMO ~ ~ ~~ ~ ? ~ ~ ' ;,~ i : ,_(?r Ll~ ~ r r ~~ o ._ ~` .~.~ o ~ I-. `~ ~ ~ - ~ ~ ~ a z~ , y ~ 't;ul. ~ ~ ~ , _ ;, - - , ,_ „ l.o W- .~ ~' 6 ..`j t . r ..~~ nt 1 .~_ ~ / ~l J ~ ~ ~~ ~~ I t ~ ' 1(Y 4~ ~. ~t I 1 ~ t -y Z1'^ . .1 ~i~ . i \ ~ ' O j ~ d ~ ~1` ~ ~~ ~. I ~ _ __ N ~ ~i ~ - JkA ~ ~~~ ~~~ fij '~ ~~"~.~. 3' ~J ~1,t~'~~~ llb~ ~ ~~r ~-_ f~~~ . ~ ~ ~ ~ . , ,: y~ ~ ~f t - \ ~ ~'~-~,. ~ ~ t ~-,. , \ ~ ;" ~ ~ ~ ~ , ~I r '. ~.r ~ - 1, i I .X . , ~i ~~ 5 i r f ~ . J r`/ ~ `~ ~, ~ ~ U ~ ~ .o a X ~ ~ ~ ~ ~ a ~ a ~s^eq~.~ ~ ~.~+"+"~!"~~.~ y~ )t ~~°S.~"~ .Sy~F k ru'~«,,,..,,, •:'a! r t (~L,i.,.` ;' .: t`~.~ 6. . 4 ~.. *.~..,i~ ~~,' '~ix.,r,..,o °`.i . ~vw~:i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $11,871,000 of Supplemental Federal and State Funds to CIP #2-931, Witchduck Road-Phase I MEETING DATE: September 4, 2007 ^ Background: The Urban Construction Initiative project for Witchduck Road- Phase I will construct a six-lane divided roadway from Princess Anne Road to I-264. The project is currently in the right-of-way acquisition phase. In FY 2007, the Virginia Department of Transportation (VDOT) had excess federally obligated funding that was not utilized by other localities. In order to avoid losing these obligations, and given the fact that Witchduck Road Phase I had received federal authority to proceed with right- of-way acquisition, VDOT placed these funds in the Witchduck Road-Phase I project in their FY 2008 State Six-Year Improvement Program approved by the Commonwealth Transportation Board on June 21, 2007. ^ Considerations: Property acquisition is proceeding for this project; however, current funding levels do not allow staff to provide potential offers to the residents along Witchduck Road. This appropriation will allow efforts to continue to ensure a timely completion to the site acquisition process for the Witchduck Road-Phase I project. ^ Public Information: Public hearings have been held for the project design, as well as several Citizen Advisory Committee meetings. VDOT held a public hearing for the FY 08 Six-year Improvement Program on May 29, 2007. A public hearing for the supplemental appropriation was held on August 21, 2007. ^ Alternatives: Disapproving the supplemental appropriations would delay the site acquisition process by approximately one year. ^ Recommendations: Approve the supplemental appropriation of $11,871,000 to allow efforts to continue regarding site acquisition. ^ Attachment: Ordinance and Location Map Recommended Action: Approval of appropriation ordinance Submitting DepartmenUAgency: Public Works City Manager: k~~Q ~~ W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE $11,871,000 OF SUPPLEMENTAL FEDERAL AND STATE FUNDS TO CIP #2-931, WITCHDUCK ROAD-PHASE I WHEREAS, in the recently approved VDOT Six-Year Improvement Program, $11,871,000 is available for site acquisition for CIP #2-931, Witchduck Road- Phase I. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,871,000 of supplemental federal and state funds is accepted and appropriated to CIP #2-931, Witchduck Road-Phase I, with estimate revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007. Requires an affirmative vote by a majorify of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ~ Management Services ~~~~ ~ City Attorney's Office CA 10486 R-2 August 24, 2007 ~ ' ~:- 4 7~ ..,; r _ ~ _ , - _ ~ - ):~ c~~- r,.---ia t ~~ ~~ M... " . ~ !' f t ~ ~ -.I ~"~~i ~ ~ ~ •. a ~ ,.- ~ -, ~-- , ~ ~ ~ ~~ ;~ ~ N ; ~~ ~~ _ w~ ~.~ , E- -~ - ~~ ~ ~ - ~ LL ~, ~64 rv t ~ ~ ~ I ~_.,, .~'y. ~ ~ , ,~+~ , ~, ~ , , _<_.~ , ' -,-~ ";~rFF ~~j,`, _ ~ _ -, .~ ~ ~ ~ ,c~uT#aEW ;°' E ~ . ti~ . ~ . _ . 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J V -I L..~~~ ; [~ n ~,' ~ 'F ~ L "~ +' t _ ;~ ~i a,~n • +. _ ~ '~~., , , Q ~ 'l . ;~ _ ~ ' ` ~ ; ~ _-o ° ,~~G'~~y~~ . _ ~, C~,F ' ~ `,. . . . . ~, ;l , ;~j . _ ~;' ~ ~ ; t~,~" o , ~ ~~ r ~~t ~{'`~ ~ „ .~ . . , ~ , ~ ~ .~ ~ ~, ~. ~ ~Q_ - -; ti:r,: F ~_ i ~~ ,.,F ~ ,: ~ "~;; ' Y _ . `~ ~ Y _' , ~ ~ ~ . , ~ ~~} a ~ '~~~ } .T,~ ~ : ~. ~ _ ; r , ' ~, ~ ~' ~ . . ~ ~ .%, ~ Y3~ ' ~`~ < . ,~ ny~~'~ ~ +~ ~~ ~r ~ ' . 4~ ~ . ~ . _ ~ . ..__ ~ .,_.~..~.. d__~~ ._ .~~_. . ,...~._. .. ~ a ~ ~ ~ . _ . , ,~~ t ,. ~, , n : ~ ~ ~~ o r L~CATION MAP ~~ -~, ,~~~~"~ ~ ~ ,_ ~ ,~ ~ _ _. ~ ~ -~,_~~ ~ ,: ~ ; ~~s~~ o.> .: ~" 3tL~ ~ro~<WITCHDUCK ROAD PHASE I ,- .~ ' `yC` #~~~~^'~~ L gfY ~ ?~.y - , ~~ ~ ~~ 4= - ~~~ ~ CIP 2-931 ~o~~ ~ ~ _ : ,} . ¢ ~ ~ , ~ ~`~ ~''~ Z~ ~ ~. ~ K ~^' ~ ~ I .~ . , -_-~,.~,..~. ...~,,.. m.. .~- ~ . . ,'. ,q ^* .. ' ~ , . "'~ a . ;, ~ ~ 3 ~ 1 ~ ~,. ~. V ~ ~ • ~'UR[' t 4 + ' ~~ /~aS, , ~~ c;~ . . LJ y,,"~'"~ ~ ~ ~ 4'~~ ~ • _ ~ ^ • .. i L . ~ ; . _ ..~ ~ . . " ~ .~ f'~~ 'J',~'G^7 1~ - 4i~~~'.~Y T .f:T., ~„ ~L ~ "~t . ~-~~~ .. w . . ' .~ ~, ~ . n .. ~ t, , "} . . . 1 . ~ {~' ,`.:j ; ~: ~ ";. S , +. ~' k^ '~ ; '~'~ ~ ifl' ; ~ ~._. ~~ -. ~ . ' ~.~~l~i. .. E" :-_." c_ _ . Preoared bv P.W.lEnaJEna. Suooort Services 8ureau 3/23ro6 X~1PrniPCtc1ARC Filac\Anan~la Nlanc\Wifrh~uc4 Rri 1 _f.\ti~ ~BEqCI rS~-s""*~•.; :l rF ~ o,{ ~~ ~ i~yr ,{ ~ i~$y~ r 5~ i-i+... ~ ~ _J ~ ~~~+iM~aN .I ~`~v1'~ CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Appropriate $580,212 in State, Federal, and Other Local Revenue and $255,928 in General Fund, Fund Balance Designated for Human Services to the FY 2007-08 Department of Human Services Operating Budget to Provide Additional Mental Health, Mental Retardation, and Community Correction Services MEETING DATE: September 4, 2007 ^ Background: Since the adoption of the City's FY 2007-08 budget, additional State, Federal, and Medicaid funding has been made available for various Human Services programs. Additionally, Human Services requests an appropriation of a portion of the fund balance that remains from when the department was classified as a special revenue fund. Since the elimination of the Mental Health Special Revenue Fund in FY 2004-05, these funds have been held in the fund balance of the General Fund. The following are the program areas to which the new funding and fund balance are designated: - $45,000 was awarded by the Department of Criminal Justice Services to our Community Corrections program to fund a full-time probation officer. This position will supervise adult offenders placed on probation by the Juvenile and Domestic Relations, General District and Circuit Courts, handling a caseload of 120. Referrals also are made to appropriate services such as substance abuse, and mental health counseling. - $110,000 from the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services will fund a Clinician II and a Clinician III position in the Child and Youth Program. The positions will serve approximately 100 children released from the Juvenile Detention Center who have serious mental health and substance abuse problems, in addition to normal adjustment problems to life outside detention. - $326,412 was provided from the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services in July 2007. In addition, the City of Portsmouth will designate its allocation of $98,800 of state funds to co-fund a staff Psychiatrist position. The funding will be used to provide 5 housing slots and to provide services to approximately 350 adults with serious mental illness and co-occurring disorders who are being released from state and local hospitals, or who can be diverted from hospitalization with these additional services. These releases are consistent with the state's deinstitutionalization policy. The appropriation associated with this request includes contractual services, three FTE's (Staff Psychiatrist, Clinician II and Clinician III) and one 12- passenger van. - $255,928 in General Fund, Fund Balance designated for Mental Health is requested for one-time start-up costs for Biznet, which are not eligible for reimbursement from the Department of Medical Assistance. This funding was originally appropriated in the FY 2006-07 budget but, due to the delay in the project, these costs will be incurred in FY 2007-08 (now scheduled to open October 31, 2007). ^ Considerations: Notification of these additional State and Federal funds was received subsequent to the City Council's approval of the FY 2007-08 Operating Budget. Some of these programs are mandated, and others address pressing service needs. There are seven FTE's as part of this request, and no additional City funds are required to support the programs. These revenues are anticipated to be stable and recurring. ^ Public Information: The use of funds was endorsed by the CSB at the July 26th meeting, and public information will be coordinated through the traditional Council agenda process. ^ Alternatives: Without these funding sources, persons with disabilities on waiting lists will not receive adequate care or diversion services, which can potentially increase the risk to community safety. ^ Recommendations: Accept and appropriate $580,212 in State, Federal, and Other Local revenue, and $255,928 in General Fund, Fund Balance to the FY 2007-08 Department of Human Services Operating Budget, and to increase the number of full-time positions by six FTE's. ^ Attachments:Ordinance Recommended Action: Approve Ordinance Submitting DepartmentlAgency: Human Services City Manager: k...~l~' C 1 AN ORDINANCE TO APPROPRIATE $580,212 IN STATE, 2 FEDERAL, AND OTHER LOCAL REVENUE AND $255,928 IN 3 GENERAL FUND, FUND BALANCE DESIGNATED FOR 4 HUMAN SERVICES TO THE FY 2007-08 DEPARTMENT OF 5 HUMAN SERVICES OPERATING BUDGET TO PROVIDE 6 ADDITIONAL MENTAL HEALTH, MENTAL RETARDATION, 7 AND COMMUNITY CORRECTION SERVICES 8 9 WHEREAS, additional funds have been made available to the Department of 10 Human Services to provide mental health, mental retardation, and community correction 11 services, and these funds must be appropriated. 12 13 WHEREAS, when the Mental Health Special Revenue Fund was eliminated 14 in FY 2004-05, its remaining fund balance was transferred to the General Fund, Fund 15 Balance to support one-time needs of the Human Services department. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 20 That the FY 2007-08 Department of Human Services Operating Budget is 21 amended for the purposes and amounts set forth below: 22 23 a. That $45,000 in additional State revenue is hereby accepted and 24 appropriated to supervise adult offenders placed on probation by the courts to the 25 Community Corrections Program; 26 27 b. That $110,000 in additional State revenue is hereby accepted and 28 appropriated to serve children released from the Juvenile Detention Center who have 29 serious mental health and substance abuse problems; 30 31 c. That $326,412 in additional state revenue and $98,800 in 32 miscellaneous revenue are hereby accepted and appropriated to serve adults with serious 33 mental illness who are being released from state and local hospitals; 34 35 d. That $255,928 in General Fund, Fund Balance designated for Mental 36 Health is hereby appropriated to fund non-reimbursable start up costs of the Biznet, 37 intermediate care facility; and 38 39 e. That estimated revenue is herby increased by $836,140 and that six 40 full-time positions, with fringe benefits, are established in the FY 2007-08 Department of 41 Human Services Operating Budget. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2007. 45 46 Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: anagem nt S rvices ~~~ ~ City Attorney's ice CA10484 R-3 August 29, 2007 , , r~~~" +'°"'~ y ~~ s i F ju~ ~S~ <Sy~,~r'~ "9j c~~;~k,,~~+,;~ r,,'; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the FY 2007-08 State Performance Contract Between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services MEETING DATE: September 4, 2007 ^ Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through the perFormance contract with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of persons served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. ^ Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the perFormance contract at its July 26, 2007 meeting. ^ Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.1-198. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office, and through the City's Internet site. ^ Alternatives: Pursuant to Code of Virginia §37.1-198, if City Council does not approve the proposed perFormance contract by September 15, 2007, the contract shall be deemed approved. Rejecting the performance contract would mean losing $11,349,721 in State and Federal funding, and risking the loss of an additional $15,762,019 in Medicaid and other Fee Revenues. ^ Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2007-08 State PerFormance Contract between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. ^ Attachments: Resolution and Summary of Performance Contract Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Human Services City Manager• 1 , ` ~ 'C._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A RESOLUTION APPROVING THE FY 2007-08 PERFORMANCE CONTRACT BETWEEN THE VIRGINIA BEACH COMMUNITY SERVICES BOARD AND THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the FY 2007-08 performance contract between the City of Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services, which provides State controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ Department of Human Service /~G'g'-~J~ ~~"~"~"C City Attorney's Offic CA10483 R-1 August 21, 2007 BEA ~ ~.~ '`~ ~"'''`i~'~~°~ ~ ` ~ yr `'~~ ~ ~ r - . ` (~ y' , i~ ,~~1'~~ ~ yv ~ k'~";F^'~" } - , r ,~ ^ ~:. r~ r ~ , ~ a "'Y, ~«~t'. ~`. - ~L. i O y ' •',!~' '. ~ ~ ~ ry~ ~; ., x , . ; ,~.~y,`'" v~ .. ~ . Q ~ . _ ......a 1,~ fs '~,~-LG;~,',~,.~z,„'t:~ ~r~ ~ e+~, ~~F ~U,7 NA~~~ ~ DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DIVISION (757)437~100 FAX (757) 490-5736 TDD (757) 437-6150 DATE: June 8, 2007 TO: Citizens of Virginia Beach 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462-2891 FROM: Donna Morris, Virginia Beach Community Services Board Chair SUBJECT: FY 2008 Community Services Performance Contract This summary of the proposed SFY 2008 (July 1, 2007 - June 30, 2008) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Units of service and estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding are not part of the State Performance Contract and therefore are not reflected in the data. City of Virginia Beach The attached table is a summary of the core services and covered MR Waiver services, units of service, and funding levels projected to be paid for by funds provided and reported through the Performance Contract. cv ~nn~ r.,~„r„~ ~n~+~~ cor,~~r-cc Pc~rfnrmanca C:nntrar.t PrnnnGal Summarv Program Service Unit Proposed Funding Units of Service # of Consumers Mental Health Emergency Services $1,063,676 12,579 Hours 1473 Outpatient Services $2,571,089 23,870 Hours 1648 Case Management Services $1,640,644 38,306 Hours 1705 Residential Crisis Stabilization Services $1,241,415 3,150 Days 427 Consumer Monitoring Services $24,144 1,036 Hours 228 Day Treatment/Partial Hospitalization $869,866 79,291 Hours 450 Rehabilitation/Habilitation $1,583,555 137,909 Hours 352 Individual Supported Employment $106,939 1,313 Hours 33 Supervised Residential Services (551) $1,381,385 21,717 Days 128 Supportive Residential Services (581) $531,412 8,000 Hours 150 Discharge Assistance Project (DAP) N/A N/A 9 Juvenile Detention Center N/A N/A 180 Mental Retardation Out atient Services $53,786 1440 Hours 10 Case Management Services $1,852,927 31,320 Hours 725 Rehabilitation $2,339,340 114,405 Hours 145 Consumer Monitoring Services $3,955 160 Hours 65 Supportive Residential Services $1,586,684 24,210 Hours 60 Intensive Residential $2,237,777 9,362 Days 30 Infant and Toddler Intervention Services $2~2,465 4,320 Hours 650 Group Supported Employment $552,797 4,797 Days 35 Individual Supported Employment $336,769 5,760 Days 16 Highly Intensive Residential $3,549,732 8,594 Days 33 Medicaid Mental Retardation HCB Waiver Services N/A N/A 210 Substance Abuse Outpatient $480,690 7,172 Hours 621 Case Management $376,520 3,459 Hours 200 Day Treatment/Part. Hosp. $353,184 3,939 Hours 60 Highly Intensive Residential Services $988,892 2,555 Hours 300 Intensive Residential Services $272,543 3,334 Days 125 Supportive Residential Services $359,551 2,518 Hours 85 Program Service Unit Proposed Funding Units of Service # of Consumers Prevention Services $1,496,540 21,722 Hours N/A Centralized Services $2,742,055 N/A The full proposal is available for review and public comment beginning June 11, 2007 through July 10, 2007 at the following locations: Virginia Beach Department of Human Services Administrative Offices 3432 Virginia Beach Blvd Virginia Beach, Va 23462 Phone: 437-3345 Virginia Beach Central Library 4100 Virginia Beach Blvd Phone 431-3001 City of Virginia Beach Public Information Office Municipal Center, Bldg #22 Phone 427-4111 City of Virginia Beach Clerk's Office Municipal Center, Bldg #1, Room 281 Phone 427-4303 City of Virginia Beach Web Site www. vbqov. com/dept/hs/m h m rsa/contact The contract will be acted on by the Virginia Beach Community Services Board at its July 26th Meeting. Once approved by the Board, the proposal will be forwarded to City Council for consideration and approval tentatively scheduled for August 7th. Following City Council approval, the proposal will be submitted to the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. Please provide any written comments to the following address: Kathleen Drumwright Department of Human Services 3432 Virginia Beach Blvd, 3`d Floor Virginia Beach, VA 23462 Or Email to: Kdrumwri@vbgov.com L. APPOINTMENTS HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRCINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I DATE: August 28, 2007 M B L D C E L E D H C R A W PAGE: 1 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D I BRIEFINGS: A PRINCESS ANNE COMMONS Jack Whitney, Director- Planning B INDOOR ATHLETIC VENUE Cindy Curtis, Director- Parks and Recreation II/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y III/ IV/ V/E F-1 MINUTES - August 21, 2007 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y B S T A I N E D G/H- PUBLIC HEARINGS 1 LICENSEAGREEMENT- NO SPEAKERS. TELECOMMUNICATIONS SYSTEM ONE (1) BID (City's ro-w) OFFERED/ ACCEPTED IN BEHALFOF NEXT-G 2 LEASE CITY-OWNED PROPERTY @ NO SPEAKERS 200 N. Oceana Blvd. UJ-1 ResolutionAUTHORIZING CITY'S ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y HEALTH CARE PLAN for 2008/direction to CONSENT formulate 2009 Plan 2 ResolutionDESIGNATING SPCA to receive ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y state revenue relow-cost spay/neuter servicesto CONSENT companion animals 3 Ordinance AUTHORIZING Lease for 5 yeazs or ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y less to VETSHOUSE, INCORPORATED for CONSENT homeless veteransat 200 N. Oceana Boulevard. 4 Ordinance GRANTING a 10 yeaz Temporary ADOPTED/ 10-1 Y Y Y Y Y N Y Y Y Y Y Nonexclusive Revocable License tdYextG REVISED TO BE Networks Atlantic, Inc re telecommunications EFFECTNE in City's r-o-w 9/5/07, BY CONSENT CITY OF VIRGINIA BEACH S(IMMARY OF COUNCIL ACTIONS V O 1 DATE: August 28, 2007 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O [TEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D K-1 B'NAI ISRAEL CUP re (bingo hall at 620 NO ACTION B Y C O N S E N S U S Baker Road. DISTRICT 2- KEMPSVILLE L-1 JOSEPH/FAYE MATYIKOexpansion of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y NonconformingUse at 3257 Shady Pines Lanere CONDITIONED, addition to existing duplex. DISTRICT 7- BY CONSENT PRINCESS ANNE 2 THANH CONG DOAN for a CUP re religious APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y facility at 4177 West Neck Road (DISTRICT 7 CONDITIONED -PRINCESS ANNE FOR ONE (1) YEAR/NO STAFF RENEWAL/ SHALL COME BACK TO CITY COUNCIL (STAFF TO ASSIST IN LOCATING NEW SITE FOR ACTNITIES 3 AZIZ SAIR CUP re gasoline sales in DENIED 11-0 Y Y Y Y Y Y Y A Y Y Y conjunction withconvenience stordcar wash at Holland Road'Warwick Drive DISTRICT 6- BEACH q D. W. GATLING, INC. COZ from I-1 to APPROVED/ 11-0 Y Y Y Y Y Y Y A Y Y Y Conditionai A 36 on Balcer Road'Newtown REVISED Road re multi-family dwellings DISTRICT 2- pROFFERS KEMPSVILLE 5 VILLAGE BEND, L.L.C.COZ om R-15/ DENIED 8-3 N Y Y Y Y Y Y A Y N N AG-1 to Conditional A-12 with a PD-H2 on Dam Neck Road~Southcross Drivere single- family/ multi-family dwellings DISTRICT 7- PRINCESS ANNE 6 NELIN BROTHERS, INC. Modiftcatiorr, to pROFFERS 8-3 Y Y Y N Y N N Y Y Y Y Proffer Aereement on Conditional COZ MODIFIED japproved June 27, 200~ at 2122 General Booth Boulevazd reofiice building DISTRICT 7- PRINCESS ANNE C/TY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I DATE: August 28, 2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D 7.a WORKFORCE HOUSING: ADOPTED 9-2 N Y Y Y Y N Y Y Y Y Y Chapter 16 of City Code to establish eligibility requirements/pricing standazds/program procedures/Advisory Board b Comp Plan revising Chapter 1 incorporating Location Cliidelines for Workforce Housing c CZO Section 102 establishingWorkforce HousingOveday Districtdegislative intentB-4 Mixed Use DistrictB-4C Central Business Mixed Use DistrictB-4K Historic Kempsville Area Mixed Use DistricUADDING Article 20, Sections 2100-2106, re definitiodapplicabilit}~ permitted uses//density bonuse~plan requirements/features of development inOverlay Districts APPOINTMENTS RESCHEDULED B Y C O N S E N S U S HUMAN RIGHTS COMMISSION MINORITY BUSINESS COiINCIL VBCDC WORKFORCE HOUSING ADVISORY BOARD MM~ ADJUOURNMENT 12:14 AM p 8/29/2007 CITYWIDE TOWN MEETINGS September 18 Time and Location tobe Announced FY 2008-2010 Budget November 20 Location to be Announced- 7:15 pm Stormwater Plans and Funding