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Home My WebLink AboutNOVEMBER 1, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At-Large V]CE MAYOR LOU/S R. JONES, Bayside -District d (i/,ENN R. DAMS, Rose Hall -District 3 W/LLIAMR. DeS7EPH, At-Large HARRY E. DIEZEI„ Kempsville -District 2 ROBERT M DYER, Centerville - Disdriet BARBARA M HENLEY, Princess Anne -District 7 YRESC07T SHERROD, Al-Large JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAML'S /,. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITYMANAGER--JAMF,SK. SPORE C'/l'YA%70XNEY -MARK D. STILES CITYASSESSOR JEItALDD. BANAGAN CITY A UDl'I'OR -- LYNDON S. REMIAS CITY CLERK RUTH HODGF_S FRASER, MMC CITY COUNCIL AGENDA 1 November 2011 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. VIRGINIA AQUARIUM and OWLS CREEK -Master Plan Lynn Clements, Director -Museums B. HOMELESSNESS Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDING 2401 COURTHOUSE DRIVE' VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE.•(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.cont 4:00 PM 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jack Eling, Administrative Pastor Trinity church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 25, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. TRANSFER OF CITY-OWNED PROPERTY to the Development Authority 2. THALIA CREEK GREENWAY - VDOT Enhancements I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE transfer of property to the Development Authority (VBDA) for potential future development: a. A Headquarters Hotel b. The Dome Site 2. Resolution to AUTHORIZE the Development Authority's issuance of a $5-Million Residential Care Facility Mortgage Revenue Bond to Westminster-Canterbury of Hampton Roads, Inc. 3. Ordinance to AMEND a temporary encroachment into Lake Joyce by GST Exemption Trust re an existing bulkhead at 4469 Blackbeard Road 4. Resolution to REQUEST Virginia Beach's General Assembly Delegation to support the City's goals and objectives as set forth in their 2012 Legislative Agenda 5. Resolution to RENAME the Seatack Community Center the "Joseph V. Grimstead, Sr. Seatack Community Recreation Center" 6. Resolution to SUPPORT a Transportation Enhancement Grant application for Thalia Creek Greenway, Phase lA 7. Ordinance to APPROPRIATE Civil Penalty funds to Planning and Community Development re restoration and damage abatement 8. Ordinance to TRANSFER $1,385,639 within the School's Budget to the Technology Fund: a. $943,360 from Instruction b. $412,279 from Administration, Attendance, and Health c. $30,000 from Operations and Maintenance K. PLANNING 1. Application of OCEANFRONT INN c/o ANDREW VAKOS for a Conditional Use Permit re commercial recreation (ice skating) at 2906 Atlantic Avenue (DISTRICT 6 -BEACH) RECOMMENDATION L. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION PARKS AND RECREATION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS APPROVAL O. ADJOURNMENT CITY COUNCIL SESSIONS NOVEMBER Srn MOVED TO: NOVEMBER 1sc to provide citizens to exercise their right to vote on November 8, 2011, General Election CITY COUNCIL SESSION SCHEDULE Date Time Meetin November 8, 2011 Election Day - No Briefings, No Workshop, No Sessions November 15, 2011 4:00 - 6:00 PM City Council Workshop November 22, 2011 TBA Briefings, Informal Session, Formal Session December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the usual schedule PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 1, 2011 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re the VIRGINIA AQUARIUM and OWLS CREEK -Master Plan in the City Council Conference Room, Tuesday, November 1, 2011, at 4:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and Jaynes L. Wood Council Members Absent.• None November 1, 2011 -2- CITY COUNCIL BRIEFING VIRGINIA AQUARIUM and OWLS CREEK -Master Plan ITEM # 61357 4:00 P.M. Lynn Clements, Director -Museums and Cultural Resources for the City, as well as the Director for the Virginia Aquarium and its Foundation, advised the Foundation is a partner in a very exciting project which will take place over the next twenty to twenty-five years. Mrs. Clements introduced Ned Williams, former President and Chairman -Virginia Aquarium and Marine Science Center Foundation and current Trustee of the Virginia Aquarium Foundation. The Master Plan is primarily related to visioning for the future, largely involving the community, conservation and economic vitality. The process has been ongoing for two (2) years, involving numerous engagements with community stakeholders. guiding Principles .. ~e and ensure the security, tranquility, charac :ommunities within the area. ~ ~'~~~ ~~~ In egrate research; mar~n~ ~~riservation and ~rec the.many facets of culture and ~i~ure fc~und~~`r~ t Establish a phasing plan-that is implementable and achievable over a realistic time frame. Master Plan ~ r, `i ~ ~r ,~ ~ _ „ ~.. ~~ ~C. ~ - ~' t ,, .gam;~t ~ ~~ ~' ~~~ 1 ~~ ~ ~ ~ ~_# >,'~ t ~ -,r°` y ~~~~ ~ 3" ~I,~ ,K_ ~ , .< . ~s ~' ~~,~' f k 'l: November 1, 2011 -3- CITY COUNCIL BRIEFING VIRGINIA AQUARIUM and OWLS CREEK -Master Plan ITEM # 61357 (Continued) This has been an effort to pull a broad interest group of stakeholders together. The Planning Committee has evaluated the 1200-acre Owls Creek area from the 30, 000 foot perspective and provides a connection of the assets which exist, as well as connection with the adjoining Resort District. It builds on the previous planning work that has been done. The outcome will lead to the creation of a great public place that will benefit our community and those who live here in the future. Chairman Williams introduced Brian S. Solis, Interim Co-Director, Parks and Recreation, to review the details. Chairman Williams was pleased to note the attendance of Andrew Jackson as one of the hallmarks of the Plan. He is not only been active in the opportunity areas, but in preserving our neighborhoods that are within this 1200 acres from Seatack to Shadowlawn to the smaller neighborhoods that have cropped up along Birdneck Road (an 8 %a loop called "South Beach Trail') from Norfolk Avenue to the North along the East side to Pacific Avenue and General Booth Boulevard and on the West side to Birdneck Road. Lake Rudee and Owls Creek are in the heart of this. This is the only opportunity for this development in the City with direct access to the Atlantic Ocean. Marina District ~. ~~~ P ~~ e ~- Xr~ ~,~fk ~ y' t .~ t .-why\., ~ s~ ~.~ ~ 4 e5A .. ~~ a~^i ",ATM ..y~xx~:. i - . 2° ':..y~~,. ~ e i y.i ~ ~'~ r 4~~ ~ k , 3: 3 ' .SEi ~ :vim i .~ a ... _ ~ The areas on the corners of the project area indicate the Gateways and those are special opportunities for the City and partners to signer to visitors, and residents alike, that one has entered into a special place in the City (a special 1200 acres). The "dots "sprinkled throughout the Lake Rudee/Owls Creek area indicate a new mode of transportation for Lake Rudee and Owls Creek. (the water taxi). The Marina District depicts a pedestrian friendly environment, replacing the surface parking along this waterfront. The Planners are not looking to change any existing features in terms of the dynamic venues i. e. Rockafeller's, but rather to enhance their success. Two hallmarks of this particular area include a new version of the Navy pier. Another opportunity is to build on the Rudee Walk, which will hopefully be implemented in the near future. Then, extend the Boardwalk onto the South, East and then West to this new Gateway.• "Rudee Gateway Park ". This also provides an opportunity for a small museum to highlight the local heritage of the Ocean Front and the surrounding area which includes the Marina District. November 1, 2011 -4- CITY COUNCIL BRIEFING VIRGINIA AQUARIUM and OWLS CREEK -Master Plan ITEM # 61357 (Continued) Virginia Aquarium & Mr. Solis highlighted the four (4) focus areas, where the opportunity is noted to provide educational, recreational and aquarium related enhancements to this portion of the City. There is an opportunity for research related facilities and collaboration with our institutions of higher learning in the area, while also has a low impact on the land and blends with the environment. There is also some connectivity to the Marshview Park property, which is to the North and to the West. Right after this Plan is adopted by City Council, the Foundation looks to further extending the Master Plan based on the work accomplished in 2002. Owls Creek Point &Marshview Park ~. a~~,~. _ ______ _ _ ~,~~, ~~.~ ~ ~~ _ sD~ \ ~~~ ~ ~ ~~ Nq. ~~~ H aj~ ~, ~ ~~, ~ W +6q" ~, y"ya'v ~"~~~ ~ ~+ , ~ _ ~ ~t ~ ~ ~ _ f~~3 ,~ F ~. ..,~r w i Via; ~ ~ F' ~ ~ ~ ~ °,~~~'*.~~~ .,,~, !~y ~; r' Ct~ g~ ~~~°'°..~' ~ r: ~ cry ~. iy u^~L;~y~ Y' Z .v ~ .trait'' rc Y `,.. ~~ '~a'~ ,.. ,.: ~~ y-1.1(~ ~~1~,~~~ A~ ~~ ~ > ~ w ~ ~~ ',,, fix,: Y~'a~ t '}-~-~e'V ~ ~"'~ ; f [. " Y Y .A November 1, 2011 Research Area i~ -s- CITY COUNCIL BRIEFING VIRGINIA AQUARIUM and OWLS CREEK -Master Plan ITEM # 61357 (Continued) Mr. Solis advised the Planners seek the opportunity to expand on the exhibits with a signature building that will reflect on Lake Rudee and Owl's Creek (heart of this area) South Entertainment Corner x .~ f ~ x E ~ t ,' r'f~, ~t ~ ~~ 9~~ ~~ J ~ h, ~.~ ry~ }~L ~ ]~'M' !^ ~ 2 ~ a cry "M - } ~. ' ,3 ~~ t t ~i ~ ^~ ..rr.- ,~ ,,, ~p Sys. ~~ .. ~+ ; r ~? a~,~r* ~& , fi i Priority Implementation Areas t5~ n,_:~.w.ww n, .~ r~ ~~ cec """ E, . ~ November 1, 2011 i' -6- ~ I CITY COUNCIL BRIEFING VIRGINIA AQiIARIIIM and OWLS CREEK -Master Plan ITEM # 61357 (Continued) ~'i Mrs. Clements, Director, reviewed the Immediate Priorities, High Priorities, Moderate Priorities, Long ~~~I Term Priorities, Phase III and Completed Actions. i Immediate Priorities Phase I (1- 5 Years) 1. Develop Steering Committee "Sub-Groups" for Development Areas(E) 2. Support Virginia Aquarium/Owls Creek Area Zoning Overlay (O) 3. Review Navy property easements for each development area (O) 4. Incorporate the Master Plan into Comprehensive Plan (E) 5. Encourage Water Quality Standards and Discharge/Pump- Out requirements (S) 6. Establish Owls Creek Watershed Conservation Group (S) 7. Develop an Area Marketing/Branding Plan (S) 8. Implement Area Signage and Way-Finding Campaign (S) 9. Complete "low hanging fruit" projects (area lighting improvements on S. Birdneck Rd. and Aquarium fence removal) (S) Implementers: Organizing Committee (O) Executive Committee (E) Steering Committee (S) Leadership Committee (L) High Priorities Phase I (1- 5 Years) 1. Coordinate with Land Owner(s) and Investment Partners for Development Areas (O) 2. Develop Business Plan and funding strategy 3. Market for potential tenants 4. Develop a Phasing Strategy 5. Develop Conceptual Design Plans for Development Areas (O) 6. Initiate a Market Feasibility Analysis for property based on conceptual designs (E) Moderate Priorities Phase 1 I (5-10 Years) 1. Update utilities to support proposed development (O) 2. Provide environmental entitlements to support proposed development (O) 3. Solicit a Development Team RFQ/RFP (0) 4. Select a Development Team (O) 5. Contract Development Team (O) 6. Develop Design Documents for Construction (O) November 1, 2011 - ~- CITY COUNCIL BRIEFING VIRGINIA AQUARIUM and OWLS CREEK -Master Plan ITEM # 61357 (Continued) Lang Term Priorities -Phase 111 (10-25 Years) 1. Construct phased projects for each Development Area (0) 2. Implement Development Management Team (E) 3. Program City /Developer Events for Seasonal Activities (E) Completed actions 1. Volunteers from neighborhoods assisting with clean-ups, e-cycling events 2. Rudee Inlet Foundation created 3. Case Study Presenters - 2012 Alliance for Innovation Transforming Local Government conference 4. Water Taxi Progress 5. Marine Animal Care Center Progress Implementers: Organizing Committee (O) Executive Committee (E) Steering Committee (5) Leadership Committee (L) November 1, 2011 -8- CITY MANAGER `S BRIEFING HOMELESSNESS 4:18 P.M. ITEM # 61358 Andrew Friedman, Director -Housing and Neighborhood Preservation, asked the Community Partners and staff members who have been a part of developing the ideas in this presentation re Homelessness to stand and be recognized: Sharon Prescott, Housing Development Administrator -Department of Housing and Neighborhood Preservation, Ray Bjorkman, Chair -BEACH Community Partnership and Lead Pastor - Beach Fellowship Church, and Ruth Hill, Executive Director -Samaritan House. OUR CITY, OUR HOMELESS, OUR SHARED RESPONSIBILITY l'ic~vir~~ gar- C~>t~r~~~r~ity carv~or t~.~ ~dre5s HtJt"l`le~e55rte55 ( oi,~, i, ~''r `~ t ~f{ P,~ ~~' +i ;n "~ r,.Y,trc,r l >r)~ r ,.w. n, ~. ~, ~r s~ ' rl~~ ~ d .. ' ... .o a- PRESENTATION O UTLI N E • Our City • Our Homeless • Our Shared Resr~ensik~iEif v ~ ~ 1 i~ M tea` v.~ .~ November 1, 2011 -9- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) • Who We Are • A History of What We've Done • Our Vision for the Future ~s Who We Are ~~^.~, u.,..z.~a~~s~ . . ~~ K al ~ $ ~ • City staff • Non-profit service providers • Faith-Based Organizations • Organized into many partnerships to help end homelessness in Virginia Beach • Also part of a regional partnership to end homelessness in the region r G~A Ar1 rig ..~°'«m , y~] 1~ ~Vo Us) ~~~:~,,;~f r VtftGINIA 6EAtH HouslNC ~ NEIGHBQRHOQD PRESERVATION ~.""`"""~ ~' VB HARP ~~~ ~~ BrinKinES eri EriU to F~II Cii7 F!omelessnes ~, `~ . Our efforts to address Homelessness have always been true partnerships of faith, non profit and City organizations working together and doing what each does best. VBHARP, established in the early 1990's, is the partnership that works together to create our continuum of care, through which over $20-Million of federal funding has been received to support ongoing housing and support services provided by non profit organizations to help the Homeless. The BEACH Community Partnership was established in 2009 to broaden our partnerships with the faith community and raise our efforts to meet today's challenges. November 1, 2011 i -10- ~ CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) Our community has been helping the Homeless for over 25 years. Faith communities have led the way, starting and/or supporting the emergency Winter shelter program and the Judeo-Christian Outreach Center, both of which have continued since the early 1980's. ~?d_ ~r A Brief Histor of Our Work ~~~ ~ Y .gib ,~~ u '~ Frank Bragg, Art o~ Mann and Dick Powell Brenda McCormick ~--' _a°t' serve first meal of the and Mothers Inc. start ,.~.-. .. ,,~ r Virginia Beach winter shelter Christian outreach; program at area continues at the Fire churches. Escape on 17°M1 St. ~. Inter-faith network of 1000 purchases 70 faith communities property on Virginia join together to push Beach Blvd., providing for a shelter in n 30 beds for women Virginia Beach. ~~'~ and families, and 20 for single men. ~r w` ~~' . ~~~Ni3 ~ A Brief History of Our Work ~~~ ~~ A ~tf i ri, ~s k. -Y i . 1997: ~` 2008: Cloverleaf opens in Lighthouse '^ 2006: Gosnold opens Virginia Beach, providing Center opens ~~ in Norfolk, providing additional 60 units of at the 60 units of permanent permanent supportive Oceanfront. supportive housing. housing. ~ .r s. ~er wa 2005: South 2007: City Hampton Roads Council adopts Regional Task Force 10-year Plan. to End Homelessness ~~- k< - is formed _._.... ,~~. It was also the advocaey of faith communities that led to the estahlishment of the Lighthouse Center in 1997. November 1, 2011 -11- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) Above: Cloverleaf in Virginia Beach (Opened November 2008) Below: South Bay in Portsmouth IOnened February 2011) Cloverleaf Apartments on the left, opened in Virginia Beach in 2008 and South Bay Apartments, on the right, opened in 2011 in Portsmouth. Each provide sixty (60) units of permanent housing for formerly Homeless persons and each was built with the support of several regional localities. yy ~ ~~~~~~ ~ How Do We Compare to Other ~-- ~ ~ Cities and the U.S. as a Whole? 160 140 uo loo so 60 40 xo 0 ® Virginia Beach (434,922) ^ Ocean City (167,857) Ft Lauderdale (1,759,132) ^ United States (301,461,533) ^ Norfolk (236,071) Myrtle Beach (501,134) ~s San Diego (1,297,618) Daytona Beach (580,076) .:: Key West (74,024) This graph shows that Virginia Beach compares favorably to comparable East Coast and coastal cities in its rate of Homelessness. It says that our efforts to-date have been productive but does not allow us to be complacent about our future. 2010 -Homeless Persons per 10,000 of General Population November 1, 2011 :~°' , ~~~:~ ~~~ ~ A Brief History of Our Work -12- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~~ , e ~~ Our Vision _~. "This is our cit they are our homeless, it is our shared responsibility." Our Vision statements are an attempt to provide a unified set of guidelines for all the work done in the community. Many people have seen and are generally supportive of these statements. But we can't say there is 100% consensus on all of them. r. ~~~ .~ d„ Our Vision • Addressing homelessness is "our shared responsibility/'! • Our community is well-informed about and supportive of our work • We are a true community partnership, including regional neighbors, operating a sustainable system that succeeds in getting help to people who need it • People who become homeless are safely and quickly sheltered and obtain housing in quality facilities that contribute to our city and neighborhoods • Our system prioritizes the use of resources and uses them efficiently • People in need can access our services • Our work is done according to a philosophy of opportunity and mutual accountability from all • We see our work to end homelessness in the context of all other city goals, including promoting economic vitality and safe, well-maintained, quality neighborhoods November 1, 2011 Pictured: 2009 Faith-Based Forum; 2010 Regional Conference on Ending Homelessness -13- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) 3} Maintain and expand affordable housing resources 4} Expand the availability of resources 5} Connect people to needed services These are the goals of the activities, taken from the 2007 10-year plan Wit: ~~ Three-Year Action Plan ~. ~ MAN `~~ ,~. `• Relocate the Lighthouse Center and provide enhanced day services, including a focus on re- ~A' housing and employment • Reduce encampments and street homelessness through effective outreach and the creation of ~~ additional housing ~ ' • Create another efficiency apartment building or similar facility • Enhance and expand our ability to quickly re- house homeless families. These goals, for the uext three years, reflect either activities underway or recommended or an attempt to address community needs. November 1, 2011 -14- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) • Create a regional Healing Place • Improve efficiency and effectiveness of our overall system through increased coordination, new services that address needs, and potential co-location of facilities • Improve monitoring,-data collection and reporting for better analysis, understanding and planning ..~ ~,~, . :~. ~~~ ~: ~ ~ Nation-Wide Mayors' Action Challenge ~.~~~.~~m~k~~,: Mayors' Action Challenge unveiled in 2008 at the National League of Cities Congress & Exposition in Florida Challenged Mayors across the country to set goals to ensure that every child has: • Opportunities to learn and grow • A safe neighborhood to call home • A healthy lifestyle and environment • A financially fit family in which to thrive Mayor Sessoms and the City Council embraced the challenge We believe that our work to address homelessness is consistent with the Mayors' Action Challenge November 1, 2011 -IS- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~$<~~~~~c~z, Causes of Homelessness • Financial causes -job loss, major expenses including health care • Short or long-term disability leading to inability to work • Mental health issues leading to poor choices • Family break-up due to various causes Different causes require different solutions. Who Are Our Homeless? Not just single adult men and women on the street. Also... • Families with children - A growing part of homeless the population - Less visible -generally in motels, doubled-up • Disconnected youth - Those exiting the foster care system with nowhere to go -Forced out of childhood home by their own family Different households require different solutions. November 1, 2011 -16- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~~~ About Counting Homelessness • We cannot control the causes of homelessness • People move in and out of homelessness on an ongoing basis • There is not a single number of homeless people that we can house and say we have succeeded • What we can do: get the best possible understanding of the different needs in our community, and act to address them Facts & Figures • 427 people -January 2011 Point-in-Time Count, including 92 single adults • Summer Count -125 unsheltered single adults • 762 homeless children in VB schools during 2010- 2011 school year • An estimated 4,300 people (1% of the population) could experience an episode of homele55ne55 annually (Center for Urban and Community Studies 2010 Report) • Connection Point: 1,300+ calls for emergency housing assistance, September 2011 November 1, 2011 -17- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~~:..,i : ~ . . ,,`~ 2010 -Major Effort to Combat ~. ran Effect of the Recession on Families ----Persons in Homeless 150 Households with Children --Persons in Homeless 100 Households without Children 50 0 2010 -Major Effort to Combat Effect of the Recession on Families $1.5 million in new, one-time funding .t-~.~,~ Dragas HPRP Grant Funds n n Fewer At-Risk Families Falling into Homelessness November 1, 2011 2008 2009 2010 2011 -18- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) Housing Affordability Problems for Renters Can Lead to Homelessness ~~ ~ ~ s Progress Made ,~ 7 ~ _ ~~~ A lot has been accomplished since the 10-Year Plan was adopted in 2007: • Over 500 households provided with homeless prevention funds • 73 formerly homeless adults have moved into permanent supportive housing beds (Cloverleaf , JCOC, & other programs) • 60HUD-Veterans Affairs Supportive Housing (VASH) vouchers have been issued to formerly homeless veterans • Hundreds of homeless families have been assisted with Dragas and Homeless Prevention and Rapid Re-housing (HPRP) assistance 7")tc Cih ofCir~u:~ Br;~rh»a'Trn 1'rar Finn h~ lnel Ho~urlrsa~m~c 1bJ' iPI` ~~,.1„„~, b, (bt \'ityub Ur.»N ~N'P»rt~ntui o(IluuadP nuJ \'eipb~wHOUJ P~~\»IWu W P»nusrvbtp L1 Ub I b< t' bRInM W»cb Iluo~ekss .\9\oc»c~ raJ Nrouixr Psnu<r•p!y November 1, 2011 -19- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) - ~~ ~ Donation Meters & Special ~,~~ ~~~~A~~~~~- ,.~ ~~ C o u n c i I F u n d i n g f ro m 2 010 Generated $5,000 in sponsorships and $2,032.65 in donations so far ~~ ,;r,,~ ~is;i.~ Donation Meters & Special ~~ auA, ~~~-~ ~ Council Funding from 2010 How You're Helping - $25,000 you allocated to the program + Donation Meter funds resulted in: 1,"6 S3 `s tickets for travel to job and benefits interviews, medical appointments, employment Presc~r~il~tic~r3<> for 1:.[i~ persons w i. [a. s::<3~'c'1s for .?..2E~ persons • ...More detail on this program in an upcoming presentation November 1, 2011 -20- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ,:._ .~ !: What s In Motion Current Planning and Advisory Groups: • BEACH (Bringing an End to All City Homelessness) Community Partnership - Oceanfront Homeless Advisory/Single Homelessness Committee - Family Homelessness Committee - Services Coordination Committee - Fundraising Committee - Advocacy Committee • Lighthouse Site Options and Neighborhood Issues Committees • South Hampton Roads Regional Task Force to End Homelessness • VBHARP -Continuum of Care planning • Project HOPE - VB City schools .~ '~ ~ ~~~ ~~: ~~~ What's I n M of i o n Projects planned or currently being developed: • Cedar Grove: VBCDC's 32-unit apartment complex to serve homeless and/or disabled veterans • Heron's Landing: VSH's 60-unit SRO in Chesapeake to serve 8 people • Healing Place: Regional substance abuse recovery center and program • 1,000 Homes Campaign: Regional initiative to house the most medically fragile homeless people November 1, 2011 -21- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~~ ,~, -, -f„; ,; What's In Motion w_ u.~ What's In Motion Outreach efforts in place or being planned: • Point-in-Time Count/Project Homeless Connect :annually in January • Summer Count :Done in August 2011, perhaps ;` annually • Lighthouse Center Client Survey: in process • Connection Point -call center for assistance • Ongoing DHS/PATH Outreach • Non-profit and Faith-based outreach efforts Pictured: 2010 Doy of Services; Stuff-a-Backpack Campaign November 1, 2011 -22- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) I ~~~~ ~ ~~ ~ ~' ~ ~ ~~ Lighthouse Center Relocation ~ ~, ~ ~ ~. .~~ January Proposed vote re: locating Lighthouse Center on Birdneck Rd. ~ community concern about location i Jan.-April Public meetings March Site Options Committee appointed May 27 City Manager letter with action plan direction (details to follow) Aug. -Nov. Community input meetings (details on following slides) Sept. Research report re: best practices for homeless service centers ~ ,., a ~ Lighthouse Center Relocation ~~ ~~~ Aug. 3 In Community Dialogue Meeting @ Beach Fellowship Church 78 attendees Aug. 31 2"d Community Dialogue Meeting @ VB Law Enforcement Training Academy 42 attendees Sep. 14 Core stakeholders meeting re: @ EMS Facility neighborhood issues 30 attendees Sep. 19 Lighthouse Site Options Committee @ VB Municipal Center Meeting 27 attendees Oct. 5 Neighborhood Issues Committee @ 2"a Police Precinct Facility Meeting 19 attendees Nov. 7 Service Provider Meeting re: Expectations for Homeless Clients 'Councilman Uhrin attended a number of these meetings November 1, 2011 -23- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~- ~~~ ~ CommunitylnputSummary n ~~_~~,~ • Current homeless assistance system and facility locations impact oceanfront neighborhoods • Expending funds for a new center without providing new housing options was questioned • Siting criteria need to be reviewed, including the rationale for location at the resort area • Provider and city policies should be reviewed closely to determine how they affect neighborhoods ~d <~ ~. ~, City Manager's May 27th Letter Plan: Review existing criteria far locating the Lighthouse Center and determine if there are more factors and issues that should be included and if they should be `adjusted November 1, 2011 -24- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) .~ d...,. ,~ ~~~ ~ ~ City Manager's May 27t" Letter ~z, ~~~: LL i ~.+~Ett3Ul~f'r°3~~i~~t2ts~33 3"f~;E?i~3C~}i (}E; ~1~.'-1c §~tf~:.,a6c.t~~Ff ib~7~i~t11 [3if~d'E? ~~~rii~ in~c~r~~~=~t~~{,~ ~f~-~ ts~~ i~c~rr~l~~ Oc~~i~.~`i~~°~ in ~'irir~i ~~e~~~~~; c~itain ::.~,~ t~'='<> c~~ t-7 Ic~~~in c~'dy arvic. ~~e~tr~ ire fi#~a~~ ~~~~~ ~~~ef ~~v ~a=~,~~r~~_~~ ~ ~~~ ~uF~i~ ~:tili~~ti€~~ ~°` fi, ~a City Manager's May 27t" Letter,3, ,~-~~ Plan: Identify additional sites, including some outside the Resort Area November 1, 2011 i _. i _ , -as- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~ ~_~; ~ th City Manager s May 27 Letter ,4> Tan: stablish a functional, high=quality temporary Lighthouse enter site on city-owned land north of the current 1000 ampus on 17t" St. ~ ~~~ n City Manager's May 27th Letter ~5> fan: >t~blisti on~oine dialogue. between area re~;ic3c>nts anri 1C_C7{- anri November 1, 2011 -26- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~~ ~~ ~ Cit Manager's May 27t" Letter ,6> Y Plan; xpancl the r~r~e~~~~k~ersF~ip cif, ar~~c! hold a lin7i~ted r~ur~~k~~r raf a ~3ditior~al meetings of the LiP~thouse Site Captions Con~rruttee~ ao City Manager's May 27t" Letter ~>> Plan: Present each ofthe proposed site options in the context of our overall plan to address homelessness, showing the context and impact of the various options. November 1, 2011 -27- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~m ~~~ ~ ~ _ . ~~.~ ,n . ~,.fi~° Recommendations from Lighthouse Site Options Committee Consensusldeas • In an industrial or commercial zone, away from residential • Public transit route within 1,000 ft. • Near social services • Near police • Accessible to other providers, resources, employment opportunities Non-Consensus • In a central location • Located no more than 1.5 miles from Oceanfront ~: ~~: ~~ ~~ City Manager's May 27t" Letter ,8, e,~ Plan: Staff to report to City Manager in October; City Manager to make site recommendation November 1, 2011 -28- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ,~~v .. Current Homeless Assistance System in the Resort Area • Made possible through the continuing generosity of community members and faith organizations • Multiple sites in close proximity provide "circuit" of services • Negative impact of circuit on community • Service facilities need improvement and relocation - Lighthouse Center - JCOC ~: ~~ ~ ~' Research Report .~. Purpose: • Provide baseline for comparison of Virginia Beach homeless facilities to those in other resort cities • Compile list of best practices for homeless service centers Report available on DHNP website as of September n, November 1, 2011 -29- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~~ ~ ~; f, ,~,~, _,te e :Research Report ~~ ~~,~a~ _. Localities included in report Other localities reviewed • Daytona Beach, FL • Fort Lauderdale, FL • Key West, FL • Myrtle Beach, SC • Norfolk, VA • Ocean City, MD • San Diego, CA • Virginia Beach, VA • Hennepin County (Minneapolis, MN) • Franklin County (Columbus, OH) during research process • Baltimore, MD • Dallas, TX • Oklahoma City, OK • Phoenix, AZ • Richmond, VA • San Antonio, TX • St Louis, MO November 1, 2011 -30- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ,y-, ~~:= ::~x, ~, Research Report k~__ Conclusions 1) There are only a few cities with day-service-only centers (such as the current Lighthouse Center) 2) Trend toward consolidating full spectrum of services for the homeless (including overnight shelter) into one cam us location 3) Homeless-serving facility can be successfully located away from beach/resort area • Housing and/or shelter component necessary • May also require transportation component to bring people to the cam us 4) An effective data management system is critical to track outcomes/ success rates ~ Our History x__~t~~..: ~ re: the Campus Model • Staff and community proposed a combination shelter and permanent housing facility in 1989, and Council approved it • The facility could not be built because of issues with the seller • The current Lighthouse Center, completed in 1997, was intended to include a shelter; the current day-services-only center is the result of a compromise that removed the shelter in order to obtain approval. • Faith communities have continued to support the Winter Shelter program as a substitute -^.3 November 1, 2011 -31 - CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) F^ ~t ,.. .~ ~ What is a Campus Model? F ~.~ . • Consolidates multiple complementary services for homeless in one location - Provides for all/majority of daily needs and offers supportive services • Guiding philosophy - Provide a complete continuum of services to facilitate progression out of homelessness, permanently - Maximize time homeless able to spend on enrichment/development activities - Minimize burden on homeless having to travel throughout city to obtain multiple services • Campus sizes vary (can be actual campus or one multi-use building) - Haven for Hope, San Antonio - 100 acres - Union Mission, Norfolk- 24 acres - Broward County Partnership, Fort Lauderdale - 3.2 acres }~; Pi a. ~~ ~ Campus Model Example: v, Union Mission, Norfolk November 1, 2011 i -32- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~ q .A Daily Bread, Baltimore November 1, 2011 -33- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) Broward Partnership, Fort Lauderdale November 1, 2011 J St. Patrick Center, St. Louis ._ ~ ~~ -34- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) "" Bridge Homeless Center: Dallas, TX ~w ~. ~~ t Cam us Model a p ~: ~,u Potential Facilities on a Virginia Beach Homeless Services Campus • Day services center • Short-term /Emergency shelter or short term housing - Singles and families - Beds for hospital release • Specialized services through community providers - Vocational training/experience - Education programs - Medical /dental clinic • Long-term housing • Social detox facility • City offices (Dept. of Human Services, more...) • Possible relocation of some Judeo-Christian Outreach facilities from 17th St. November 1, 2011 -35- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ~' ,x t ,~ ~ .: ~~ Campus Model ~.~~r~ a ~ ~.~~ Benefits to the Community (Depending on what services are located on the Campus) 1) Improved results for moving people permanently out of homelessness reduces cost to the community for: - Police - Courts - Jail stays - Emergency room visits /EMS services - Foster care placements - Estimated 52Q,t}C?Q~ pei perso~h /Per ye<~r 2) Reduce foot traffic through community of homeless seeking out assistance 3) Provides a service and geographic focus for community support - Funding; Donations; Volunteering 4) Facilitates improved synergy and coordination among multiple city, non- profit, faith and business community partners g,, i m~ pL 5-3" Campus Model a Benefits to the Homeless 1) Provides safe and stable environment 2) Access to services much easier and less costly than traveling to multiple locations throughout city (by walking/biking/bus) 3) Ease of meeting daily needs frees up time to spend addressing barriers to housing - Accelerates opportunity to progress toward permanent housing situation November 1, 2011 -36- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) ,~, ~ ,. ''~ ~ ~ Cam us Model p Principles for Design and Operation • Excellent Site Design - Be a model for good design and sustainability - Provide flexible spaces to meet changing community needs - Provide separate spaces for singles and families • Operational Principles - Establish and enforce guidelines that insure campus is a good neighbor - Provide continuum of complementary programs to help people progress out of homelessness Campus Model Flow Chart Off-Campus Resources Track & Measure Outcomes November 1, 2011 i~hose at-risk of Homeless Homelessness Population -37- CITY MANAGER `S BRIEFING HOMELESSNESS ITEM # 61358 (Continued) a: Summary 1) We should be proud of the intensive efforts that have been made by the community, city, and region • Without them the current Virginia Beach homeless rate would be higher 2) Must continue to stay ahead of future needs through proactive, lonq- range planning • It takes years to plan, fund and develop quality facilities • JCOC and the Lighthouse Center need upgrading 3) Neighborhood impacts of facilities and services at the resort area should be addressed 4) Streamlining homeless services under a centralized operations structure and campus model will allow us to achieve better outcomes with our existing set of resources. ~~~ ~~a~.~. ~~~ What Are We Asking Today • Your questions and comments • Your guidance and feedback on community efforts to reduce homelessness • Should staff develop a formal proposal for Council to consider that would include site and program options for a homeless services "campus"facility? November 1, 2011 -38- CITY COUNCIL LIAISONREPORTS 5:21 P.M. ITEM # 61359 Vice Major Jones advised he and Councilman Davis received copies of correspondence to the Ciry Attorney, Mark D. Stiles, from the United States Department of Justice, advising the Virginia Beach Redistricting Plan has been approved. This refers to the 2011 Redistricting of the Residency Districts for the City Council and School Board election. ITEM # 61360 Council Members Dyer and Wood, distributed copies of the Animal Control Advisory Committee Minutes of October S, 2011. They will provide copies of the Minutes to the City Clerk every month to be made a part of the record. The Committee will be pleased to make a formal presentation to Ciry Council on an agreed upon basis. ITEM # 61361 Councilman Dyer, Liaison, advised Monday, November 7, 2011, will be the first Meeting of the Governor's Task Force on Unfunded Local Mandates. Councilman Dyer expressed appreciation to the staff for their assistance to Council Lady Wilson in her new position as President of the Virginia Municipal League (VML). ITEM # 61362 Council Lady Henley, Liaison -Mayor's Commission on Aging, wished to be assured all Members of City Council received copies of the flyers depicting the Seniors' Showcase on November 9, 2011, at Princess Anne Recreation Center, 10: 00 A.M. to 2:00 P.M. All are invited. ITEM # 61363 Council Lady Wilson, President -Virginia Municipal League, advised on Thursday, she will travel to Annapolis, to attend the Local Government Advisory Council on the Chesapeake Bay. She will also tour the Chesapeake Bay Foundation Building on Thursday. ITEM # 61369 Councilman Prescott Sherrod, Liaison, attended his first Planning Council meeting, which was an orientation. The meeting consisted mainly of discussion of the 211 services available (which focus on health and human services). This was a very interesting meeting with samples of calls provided. November 1, 2011 -39- CITY COUNCIL COMMENTS ITEM # 61365 5:25 P.M. Council Lady Henley referenced that in 2003, a Transition Area Technical Advisory Committee (TATAC) was appointed and a Plan adopted, which allowed new zonings to begin and developments to be approved below the Green Line. Council Lady Henley was not serving as a Member of the City Council at the time. There was a great deal of in-depth work An application has been scheduled for the November Planning Commission meeting for Ashville Park, which was the largest of the developments below the Green Line. The applicant is requesting the size of the housing be reduced and to change the aged restricted nature of one of the Villages (comprising one- third of the units) or 169 units. The Transition Areas was supposed to consist of housing of the highest level, so that more tax would be produced than it would cost to provide services. There was a breakeven point at the time, in which all the housing was to be built in excess of that amount. The additional increment of tax was supposed to be sequestered and pay for the infrastructure cost in the Transition Area. This element was supposed to make the Transition Area successfuh However, during review of the Budget, this Plan was neither working nor generating sufficient funds and, therefore, was suspended. Council Lady Henley believes this concept should be reexamined. It was on the basis of this assumption, all the rezoning occurred in the Transition Area. Council Lady Henley's concern is this Plan is being taken apart piecemeal and the whole concept should be reexamined. The City Manager advised the new "breakeven" point can be provided rather quickly as well as information re the Transition Area Plan. ITEM # 61366 Councilman DeSteph referenced the Wicked IOK held this past weekend at Virginia Beach. It rained approximately an hour and twenty minutes after the run. Approximately 7, 000 Runners participated, which is approximately one-half the size of the Rock'N'Roll `half Marathon. Approximately 30% of the Runners were from other cities. November 1, 2011 -40- AGENDA REVIEW SESSION 5:32 P.M. ITEM # 61367 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 2. Resolution to AUTHORIZE the DevelopmentAuthority's issuance of a $S-Million Residential Care Facility Mortgage Revenue Bond to Westminster-Canterbury of Hampton Roads, Inc. 3. Ordinance to AMEND a temporary encroachment into Lake Joyce by GST Exemption Trust re an existing bulkhead at 4469 Blackbeard Road 4. Resolution to REQUEST Virginia Beach's General Assembly Delegation support the City's goals and objectives as set forth in their 2012 Legislative Agenda S. Resolution to RENAME the Seatack Community Center the "Joseph V. Grimstead, Sr. Seatack Community Recreation Center" 6. Resolution to SUPPORT a Transportation Enhancement Grant application for Thalia Creek Greenway, Phase lA Ordinance to APPROPRIATE Civil Penalty funds to Planning and Community Development re restoration and damage abatement 8. Ordinance to TRANSFER $1, 385, 639 within the School 's Budget to the Technology Fund.• a. $943, 360 from Instruction b. $412, 279 from Administration, Attendance, and Health c. $30, 000 from Operations and Maintenance Items 1 a/b Ordinances to A UTHORIZE transfer of property to the Development Authority (VBDA) for potential future development will be voted upon separately as speakers have registered: a. A Headquarters Hotel b. The Dome Site Item 4 Resolution REMOVED ITEM #S, BY CONSENT, Resolution to REQUEST Virginia Beach's General Assembly Delegation to support the City's goals and objectives as set forth in their 2012 Legislative Agenda #S. State Legislation that would enable localities to have a choice between providing new employees with a Defined Benefit Retirement Plan or a Defined Contribution Retirement Plan Item 5. Resolution to RENAME the Seatack Community Center the "Joseph V. Grimstead, Sr. Seatack Community Recreation Center" will be voted upon separately November 1, 2011 -41- AGENDA REVIEW SESSION ITEM # 61368 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of OCEANFRONT INNc%ANDREW VAKOS for a Conditional Use Permit re commercial recreation (ice skating at 2906 Atlantic Avenue (DISTRICT 6 -BEACH) K.1. shall be WITHDRAWN, BYCONSENT November 1, 2011 -42- ITEM # 61369 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees LEGAL MATTERS: Consultation with legal counsel or briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Occupy Virginia Beach Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:44 P.M. November 1, 2011 -43- ITEM # 61369 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cozmcil Members Absent: None (Closed Session: (5:44 P.M. - S: 59 P.M.) November 1, 2011 -44- FORMAL SESSION VIRGINL9 BEACH CITY COUNCIL November 1, 2011 6:00 P.M. Mcryor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 1, 2011, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None INVOCATION.• Reverend Jack Eling, Administrative Pastor Trinity Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate offrce located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. November 1, 2011 -45- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones 'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting frrm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. November 1, 2011 -46- Item - V-E.1 CERTIFICATION ITEM # 61370 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 1, 2011 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #61369, Page 42, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 7 th Hodges raser, MMC City Clerk November 1, 2011 -47- Item - V-F.1 MINUTES ITEM # 61371 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 25, 2011. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Rosemary Wilson Council Lady Wilson ABSTAINED as she was not in attendance during the City Council Session of October 25, 2011 November 1, 2011 -48- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61372 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 1, 2011 -49- Item V G.2. RECOGNITION ITEM # 61373 Mayor Sessoms RECOGNIZED the following BOY SCOUTS in attendance to earn their Communications Merit Badge: BOY SCOUT TROOP 493 WYCLIFFE PRESBYTERIAN CHURCH Wayne Richardson Troop Leader Scott Lewis Charlie Schug Colin Williams Brett Shepler Wesley Davis Val Vega Austin Wilson Alex Haebler Will Chick Mayor Sessoms PRESENTED each Boy Scout with a replica of the City Seal. November 1, 2011 -SO- Item V-H.1. PUBLIC HEARING ITEM # 61374 Mayor Sessoms DECLARED A PUBLIC HEARING: TRANSFER OF CITY-OWNED PROPERTY to the Development Authority The following registered to speak in SUPPORT Rod Goodman, 8506 Oceanfront, Phone: 624-3000, Chaired -Citizens Committee for the Convention Center and now Chair -Citizens Oversight Committee for the Convention Center. The Committee formed a Finance Subcommittee to determine the project made business sense for the City. The cost to the City, the revenue assumptions and the underlying projections were reviewed and the Sub Committee concluded the Convention Center should be built. As a result, the City now has an award-winning, first-class, nationally known facility. A Citizens' Steering Committee for the Convention Center Hotel once again proposes to take the same approach. A Finance Subcommittee composed of some of the outstanding accountants, bankers and developers in the area has been formed. None will have any direct financial interest in the project. The Finance Committee will review the deal and make projections before a decision is issued. Michael Barrett, Runnymeade, Phone: 422-1568, presented the endorsement of the members of Virginia Beach Vision, a 115-member organization of business and civic leaders throughout the community, in support of the Ordinance to transfer the land for the Dome Site project and the Convention Hotel project to the Development Authority. This action is entirely consistent with Vision's continued support of investments in public infrastructure that can enhance private development. The transfer of the land to the Development Authority is an essential step in this process, so the proposed developers can negotiate with the City in good faith about the details of the proposed project and determine his or her ability to obtain financing and equity support. Ned Williams , 1321 Laskin Road, Phone: 213-8560, served as President -Education Foundation, President -Virginia Aquarium and past Chairman of the Chamber of Commerce in Virginia Beach. He is aware of the benefits resulting from the tourism industry in Virginia Beach. Those benefits reach to recreation, employment, education, entertainment and economic vitality. Tourism is a very competitive market to deal within. This is about the City's team being in the strongest position to negotiate with the Development Authority and a step to that is through the removal of questions about site availability. He strongly urged City Council vote for these land transfers to the Development Authority. John Richardson, 2101 Parks Avenue, Suite 700, Phone: 491-4004, Chairman -Economic Development Authority. Mr. Richardson requested the land transfer be given strong consideration and a positive vote remove the question mark from the potential development of these two projects. Linwood O. Branch, member -Development Authority, Owner - Days Inn @ 9`" Street, Phone: 428-6141. The past two decades have been defining years for Virginia Beach. Twenty years ago, there was no Hurricane Protection project, Open Space Program, Atlantic Avenue Improvements, Princess Anne Commons, Amphitheater, Aquarium, Agricultural Reserve Program, Sandbridge Replenishment program, or Town Center. Without a doubt, these initiatives have strengthened our tax base, created jobs, led to untold millions of dollars of private-sector investment and positioned our City as the most unique municipality anywhere. Tonight's vote on the transfer of land to the Development authority is a continuation of this successful strategy. Tuck Bowie, 525 South Independence, Phone: 460-1770, 2012 Chair of the Virginia Beach Division of the Chamber of Commerce. In August, the Chamber sent the City Council correspondence urging the transfer of the City-owned property for both the Dome Site and the Headquarters Hotel to the Development Authority. Mr. Bowie is reaff rming this recommendation. These two (2) pieces of property are critical economic development engines that not only benefit the Resort Area, but also the entire City, as well as overreaching regional impacts. November 1, 2011 - SI - Item V-H.l. PUBLIC HEARING ITEM # 61374 (Continued) The following registered to speak in SUPPORT Jimmy Capps, The Breakers Resort Inn, 1503 Atlantic Avenue, Phone: 428-1821. Mr. Capps requested City Council approve the transfer of the two parcels of land to the Development Authority for the entertainment project at 19`" Street and the Convention Hotel site across the street from the Convention Center. Carolyn McPherson, private citizen, 2700 Royster Court, Phone: 412-4786. She has lived in fifteen cities and ten states. Virginia Beach is the finest. She has also had the opportunity to attend conventions in 90% of the top fifty cities. Each time the experience was so much better if the hotel and convention center were physically attached. The convention was a much more pleasurable experience. Leo Ortiz, 3184 Guardhouse Circle, Phone: 353-2032, works in the entertainment industry and believes both projects will impact the City financially and positively. The Entertainers have been working hard to try to make Virginia Beach a destination for all seasons. As a Virginia Beach resident, Mr. Ortiz believes the financial impact of this decision will give him, as well as the rest of the residents, a better quality of life. Krishna Pitsilides Chastain, 5401 Lake Side Avenue, Phone: 615-0920, President -Virginia Beach Restaurant Association. While, there has not been a formal vote on this issue, the Association supports any measure that will bring more vitality to the restaurant industry. Cultural development is a perfect fit for the Oceanfront and a void that is yet to be filled. Before and after these Broadway-style shows, people will dine in the City's fine array of restaurants. This would also potentially extend the tourist shoulder seasons. A headquartered hotel would also benefit the City's group tour industry. Andrew Jackson, 153 Upperville Road, Phone: 490-9190, wished to provide a different thought. Mr. Jackson said: "This is political. " Mr. Jackson looks to the Members of City Council to represent the voters and the taxpayers (the people who pay the bills). The transfer to the Development Authority removes the wishes of the Voter. Let the people who pay the bills speak fast. Nancy Parker -Did not answer the call to speak. Nancy Perry Marscheider, 1023 Laskin Road, Suite 111, Phone: 428-801 S, represented the Virginia Beach Hotel-Motel Association, which is in support of the land transfer for the properties at the Dome Site and for the Headquarters Hotel Project (for all the positive reasons). The following registered in OPPOSITION: Jimmy Frost, 2240 Windom Place, Phone: 343-6768. Mr. Frost advised there was not $323-Million in debt, which the City now carriers or a $10 a month trash fee Twenty years (20) ago. "If the private sector wishes this land, let them buy it. " Phil Theodosion - Did not answer the call to speak. Phone: 571 (212-9480) John D. Moss, Former Councilman, 4109 Richardson Road, advised many do not know this property was condemned years ago for municipal purpose. It was condemned from private citizens for a public use. Now it is being transferred to a developer to make it a private use. The property, if it is no longer needed, should be returned to the people from whom it was condemned. A hotel is not a public use; a hotel is a private commercial enterprise. November 1, 2011 -52- Item T~ H.2. PUBLIC HEARING ITEM # 61375 Mayor Sessoms DECLARED A PUBLIC HEARING: THALL4 CREEK GREENWAY- i~DOT Enhancements There being no speakers registered, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 1, 2011 -53- Item V.J ORDINANCES/RESOLUTIONS ITEM# 61376 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, Items 2, 3, 4, 6, 7, and 8, of the CONSENT AGENDA. Item JI a/b and Item J. S was voted upon separately Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 - 54- Item V.J.la ORDINANCES/RESOLUTIONS ITEM#61377 Upon motion by Councilman Uhrin, seconded by Vice Mayor Jones, City Council ADOPTED: Ordinance to AUTHORIZE the transfer of property to the Development Authority (VBDA)for potential future development: A Headquarters Hotel Voting: 9-2 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara Al Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. 'Bill"DeSteph and Robert M Dyer Council Members Absent: None November 1, 2011 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING TRANSFER OF PROPERTY TO 3 THE CITY OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY FOR POTENTIAL FUTURE 5 DEVELOPMENT 6 7 WHEREAS, to promote the economic vitality of the City of Virginia Beach (the 8 "City"), City Council has identified the need for a headquarters hotel adjacent to the 9 existing Virginia Beach Convention Center (the "Hotel"); 10 11 WHEREAS, by Resolution 03261 adopted by City Council on July 17, 2007, City 12 Council requested that the City of Virginia Beach Development Authority (the 13 "Authority") explore potential development of the Hotel; 14 15 WHEREAS, pursuant to City Council's request, the Authority solicited proposals 16 under the Virginia Public-Private Education Facilities and Infrastructure Act of 2002 (the 17 "PPEA") for proposals for a development of the Hotel; 18 19 WHEREAS, the Authority has identified potential developers for the Hotel and 20 has engaged in negotiations with those developers; 21 22 WHEREAS, the land on which the Hotel project would be located is presently 23 owned by the City, as shown on the Location Map attached hereto as Exhibit A 24 (collectively, the "Property"); 25 26 WHEREAS, the Authority was specifically created for the purpose of fostering 27 and stimulating economic development in the City and would be the entity to enter into 26 public-private partnership contracts with the developer; and 29 30 WHEREAS, title to the Property must be transferred from the City to the Authority 31 before any transaction for the development of the Hotel could be finalized. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA, 35 36 1. The City Council, subject to acceptance by the Authority, authorizes the 37 transfer of title to the Properly shown on the Location Map Exhibit A, attached hereto 38 and incorporated herein, to the Authority. 39 40 2. The City Manager, or his designee, is hereby authorized to execute any 41 and all documents to complete such transfer, so long as such documents are deemed 42 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 43 City Attorney. 44 3. The City Council requests and recommends that the Authority adopt a 45 Resolution accepting the transfer of the Property to the Authority. 46 First 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 dayof November , 2011. [ THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL ELECTED MEMBERS OF CITY COUNCIL] APPROVEDASTO CONTENT: tt:4 + I . 4,+,Y` . 45 anager APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA11942 R-1 \blgw mmDFs1Nppnrato=sIGnvLewP�9'cmc32\wpda¢Noo9F M 20009909 ooc 10/26/2011 2 i t 11,---,"--t o ilrli 11111131 1;10 \it 01111111 D vi N�y N Zw O OFQw o >o 75 do •-m MEVIERRPrZUU Fil' EV --III ' --- 0 0 F a LL LL CO O. illil mww wm ; v ,!:,4 � � ....- OWm 0o L a_0 Qo ti z irk... Cri \.-i-J QwZN ort W o N _ :.: _ 1ZQZW QN cli vi\ co O5( >ww Q O - o NpREG *( lei � H.� p~p> 7- a - } UwN 000 UO Cl) -o olV;a °ilk los-3 „Ts — 12 °c-- OW i 5 5 -- it 0111.------- ot . tili ,-- • 1;113 tMX 0 01 a. O. f ® trill + ' pInItta� pPRKsa r + 2 r� .0000„,,.." 1 11116 PP5 PV + lb as s ti r + 11-1111111;0111 �v . Pv ` + W `NGS0N ,, 1 4, • fl , , 11\:::111 4s . N ,. § ,..., ,... • 4 IV°411 N. O- 1 r li 61:so. t Z .l� t � , U4 m I II I3 4 1.- t 7 I 1 \ - 55- Item V.J.Ib. ORDINANCES/RESOLUTIONS ITEM#61378 Upon motion by Councilman Wood, seconded by Councilman Sherrod, City Council ADOPTED: Ordinance to AUTHORIZE the transfer of property to the Development Authority (VBDA)for potential future development: The Dome Site Voting: 9-2 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill"DeSteph and Robert M Dyer Council Members Absent: None November 1, 2011 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING TRANSFER OF PROPERTY TO 3 THE CITY OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY FOR POTENTIAL FUTURE 5 DEVELOPMENT 6 7 WHEREAS, to promote the economic vitality of the City of Virginia Beach (the E "City'), City Council has identified the need for an entertainment venue at the former 9 Dome Site (the "Dome Site"); 10 11 WHEREAS, by Resolution 03260, adopted by City Council on July 17, 2007, City 12 Council requested that the City of Virginia Beach Development Authority (the 13 "Authority") explore potential development of the Dome Site; 14 1.5 WHEREAS, pursuant to City Council's request, the Authority issued its Requests 16 for Letters of Interest and Qualifications seeking a potential developer for the Dome 17 Site; 18 19 WHEREAS, the Authority has identified a potential developer for the Dome Site 20 and has engaged in negotiations with that developer; 21 22 WHEREAS, the land on which the Dome Site project would be located is 23 presently owned by the City, as shown on the Location Map attached hereto as Exhibit 24 A (collectively, the "Property"); 25 26 WHEREAS, the Authority was specifically created for the purpose of fostering 27 and stimulating economic development in the City and would be the entity to enter into 28 public-private partnership contracts with the developer; and 29 30 WHEREAS, title to the Property must be transferred from the City to the Authority 31 before any transaction for the development of the Dome Site could be finalized. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA, 35 36 1. The City Council, subject to acceptance by the Authority, authorizes the 37 transfer of title to the Property shown on the Location Map Exhibit A, attached hereto 38 and incorporated herein, to the Authority. 39 40 2. The City Manager, or his designee, is hereby authorized to execute any 41 and all documents to complete such transfer, so long as such documents are deemed 42 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 43 City Attorney. 44 3. The City Council requests and recommends that the Authority adopt a 45 Resolution accepting the transfer of the Property to the Authority. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the, First 48 day of November , 2011. ( THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL ELECTED MEMBERS OF CITY COUNCIL] APPROVED AA-S TO CONTENT: Cii anagen , S oyst APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA11961 R-1 nvogov wmmF sl Wpp Meta esmny Lawvrcdmym m32\wpaoo\DOOTPm 3aa03302z DOC 10/26/2011 2 hi = w O0 w ° - a C=) m 0 � 1 Q Qo o z OO o Q CO 3u. (D K O N Q W z i— 5a . a n , oo5y w z - wO00 a 1- z + U>2 rv _1I-0o -a 0 o co oCf O. Will CO ', ili o - - v J \ ,___r_.--i\ = 111` ` A`Lp 11Z1G P ..nr. li iii‘T., s UT Illigr � lma 01111.10 , �F_ Illi --.- -WI 111101010TA Vig lb- ir, OM Sea 0 _ ir. 00011,- ...-- tv:_-7% a --- 1 ..---0 __ 4iii 11\1.1r _ P0.01 •• / g ..---1 ` `�' iTig • 1.. Cliirg jik % I % liA ' J. ry,*I , % 011 ti N , .• ** IM S •--- w .111A ' iii 011111111111..... 1.1 1161i1111 0'''' 1144 Illie--- „.., •;:)' iiii P, iiin. f:' __ Sil -AK , t ail11111 3 iii x __ asi *r, 1..._,II re��1c Pv i 0 r f , vi,„, .____, wi cid ..sl, ---\,s\--„,„„�� :,r-ri..... .v ,, ...„..., bille- „,.,,,NP tt ( MIL j -...ii MEp11tiR��la -56- Item V.J.2. ORDINANCES/RESOLUTIONS ITEM#61379 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE the Development Authority's issuance of a 55-Million Residential Care Facility Mortgage Revenue Bond to Westminster-Canterbury of Hampton Roads, Inc. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill"DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 1 RESOLUTION OF THE CITY COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA, 3 APPROVING THE ISSUANCE OF RESIDENTIAL 4 CARE FACILITY MORTGAGE REVENUE BOND 5 (WESTMINSTER-CANTERBURY OF HAMPTON 6 ROADS, INC.) SERIES 2011 7 8 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 9 has considered the application of Westminster-Canterbury of Hampton Roads, Inc. (the 10 "Company") for the issuance of the Authority's Residential Care Facility Mortgage II Revenue Bond, Series 2011 in an amount not to exceed $5,000,000 (the "Series 2011 12 Bond") to assist the Company in providing permanent financing for waterproofing and 13 window repair/replacement work on the East Tower of its resident and health care 14 facility located at 3100 Shore Drive in Virginia Beach, Virginia (the "Residential 15 Campus"), the replacement and addition of needed equipment, furnishings and fixtures 16 and various other capital renovations and improvements to the existing facilities of the 17 Residential Campus (the "Project") and to pay certain expenses of issuing the Series 18 2011 Bond and has held a public hearing thereon on October 18, 2011; and 19 20 WHEREAS, the Authority has requested the City Council (the "Council") of 21 Virginia Beach, Virginia (the "City") to approve the issuance of the Series 2011 Bond to 22 comply with Section 147(f) of the Internal Revenue Code of 1986, as amended; and 23 24 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, 25 a copy of the Authority's Resolution approving the issuance of the Series 2011 Bond, 26 subject to the terms to be agreed upon, and a reasonably detailed summary of the 27 comments expressed at the public hearing, if any, have been filed with the Council of 28 the City of Virginia Beach, Virginia. 29 30 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 1. The Council of the City of Virginia Beach, Virginia hereby approves the 34 issuance of the Series 2011 Bond by the City of Virginia Beach Development Authority, 35 in a principal amount not to exceed $5,000,000 to assist the Company in providing 36 permanent financing for waterproofing and window repair/replacement work on the East 37 Tower of the Residential Campus, the replacement and addition of needed equipment, 38 furnishings and fixtures and various other capital renovations and improvements to the 39 existing facilities of the Residential Campus, for the benefit of Westminster-Canterbury 40 of Hampton Roads, Inc. and to the extent required by Section 147(f) of the Internal 41 Revenue Code, to permit the Authority to assist in the financing of the Project. 42 43 2. The approval of the issuance of the Series 2011 Bond, as required by 44 Section 147(f) does not constitute an endorsement of the Series 2011 Bond or the 1-106205.1 45 creditworthiness of the Company and, pursuant to Chapter 643, Virginia Acts of 46 Assembly of 1964, as amended, the Series 2011 Bond shall provide that neither the 47 City nor the Authority shall be obligated to pay the Series 2011 Bond or the interest due 48 thereon or any other costs incident thereto except from the revenues and moneys 49 pledged therefor, and neither the faith or credit nor the taxing power of the 50 Commonwealth, the City or the Authority shall be pledged thereto. 51 52 3. In approving this Resolution, the City of Virginia Beach, including its 53 elected representatives, officers, employees and agents, shall not be liable and hereby 54 disclaim all liability for any damages to any person, direct or consequential, resulting 55 from the Authority's failure to issue the Series 2011 Bond for the Project for any reason. 56 57 This Resolution shall take effect immediately upon its adoption. 58 59 Adopted by the Council fo the City of Virginia Beach, Virginia, on First day of 60 November , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL �J SUFFICIENCY:/ FI/ J Economic Development City Attorney U CA11959 Vwpgov coo DF SI Ap01i qtl ons\G\yLawPmmcycom32W 00(.50021 PID M00043671 DOC R-1 October 21, 2011 2 I-10623115 I , 4 i • IIP. 6 y S � I aJ pp M r 1 y r � � N' • 44 1 F Li' At* ' 'di _.a. ., ( * 1 .• 1 , , ,q., . '.: ' ,- 'i ' 1 IF ,, i ' ' 1. : . 111 YI 1. ` i . ,A 1 t w . t . P • II 1 t' 4 40 .• Ut •- 5 :0 '4 11 1 r 4 1 � k \ 1f <4 : t' •,;/ •_ fct n 4,, , ,.. ..• +, Arlr , ZL O c ct 03 1 _ rQ I ' n . 0 -s 7. 111-' � Aditi;ip AA, . 401 , :. ._ _ . . •I i I c- 1 . 1 .hiraildipe : N*. $ 1 Illtrr • 1 i . i AA' / • ,, • C ,,... " o . rte' ".,S" aA dt . VIRGINIA BEACH I October 20, 2011 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Mortgage Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of Westminster-Canterbury of Hampton Roads,Inc.'s application for the issuance of residential care facility mortgage revenue bonds in the amount of$5,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Economic Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. Very truly yours, Jentotd L. Miller, Secretary JLM/AWS Enclosures 222 Cenlcoi Pack Ave, Suoe 1000 • Virginia Beach,Virginia 23462 • ph 757385.6464 or 800.989.4567 • lax 757499.9894 Exhibit A Ad ID 22676745 Date 09/29/2011 Time 11:42 AM NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice is hereby given that the City of Virginia Beah Development Authority (the ".Authority";) will hold a public hearing on the application of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation (the "Company"j, the a_Iclress and principal place of business of which is 3100 Shore Drive, Virginia Beach, Virginia, 23451, for the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964, as attended (the "Act"), up to $5,000,000 of its Residential Care Facility Mortgage Revenue Bonds (the "Bonds") to assist the Company in providing $5,000,000 in permanent financing for waterproofing aid window replacement work on the East Tower of Westminster- Canterbury's resident and health care facility located at 3100 Shore Drive in Virginia Beach, Virginia (the "Res to ential Campus"). the replacement and addition of needed equipment, furnishings and fixtures and various other capital renovations and improvements to the existing facilities at the Residential Campus. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, October 18, 2011, before the Authority at the Authority's office at Town Center, Suite 1000, 222 Central Park Avenue. Virginia Beach, Virginia. As required try the Act, the Bonds will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia or the Authority, but will be payable solely from revenues derived from the Company and pledges therefor. Any person wishing to comment on the application may appear and be heard. A copy of the Company's application is on file and is open for inspection at the Authority's office at Town Center, Suite 1000, 222 Central Park Avenue, Virginia Beach Virginia, during normal business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP October4 & 11, 2011 22676745 Ad shown is not actual print size Boa Past-$ TWA € .nffiY pe ? E 22 221.2.f.s2i0-§aussrs x S szeaEs• x t 5naltazat Sz'e a taatr 3u ' rat ssaitilatlEingei.'Apgt'ac-i!" 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E - 'O TEww a a m Ap u w O..i .CC 0' 0 0..+ m '.0 O 0 y 0 M 00 Fm E0Z> N F0. _1 ll/Oa z Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (WESTMINSTER-CANTERBURY OF HAMPTON ROADS,INC.) On October 18,2011 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock,nonprofit corporation ("Westminster-Canterbury") and that a notice of public hearing was published in the Virginia Pilot, a newspaper having general circulation in the City of Virginia Beach,Virginia in accordance with applicable law governing the issuance of tax-exempt bonds. The Chairman indicated that a copy of the Notice and an Affidavit of Publication of such notice are to he filed with the records of the City Council of the City of Virginia Beach(the"Council"). The following individuals appeared on behalf of Westminster-Canterbury and addressed the Authority: Hugh L. Patterson (General Counsel) Dan Getzel (Chief Financial Officer) Mr. Patterson briefly outlined the history of Westminster-Canterbury with tax-exempt bonds first being issued for the construction of its resident and health care facility at 3100 Shore Drive in Virginia Beach, Virginia in November of 1979 (the"Residential Campus"),the opening of its doors to residents in January of 1982, and its history of operations over the past 29 years. He also gave a brief description of the resolution which requests the issuance of up to$5,000,000 of additional tax-exempt bonds (the"Bonds") for the purpose of providing permanent financing for waterproofing and window repair/replacement work on the East Tower of the Residential Campus,the replacement and addition of needed equipment, furnishings and fixtures and various other capital renovations and improvements to the existing facilities of the Residential Campus. He then opened the floor for questions. Members of the Authority were satisfied with Mr. Patterson's presentation and had no questions or requests for additional information. The public benefits to be realized by the City of Virginia Beach as a result of the financing, as described by Mr. Patterson, are (a) renovated facilities which will continue to meet the current and future market demands of approximately 700 retired persons who now and in the future will reside at Westminster-Canterbury's residential campus; (b)the continued availability of 301 full time and 116 part time employment positions with an average annual salary of $33,147 and a total annual payroll of$12,334,000; (c)real estate taxes to be paid by Westminster-Canterbury to the City of Virginia Beach of approximately S963,000; and(d) goods and services being purchased by Westminster-Canterbury each year within the City of Virginia Beach area totaling approximately$10,116,000. No other persons appeared to address the Authority, and the Chairman closed the public hearing. I-10622911 10/Ia/ton The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 2 I-we2292.1 ialE/lou Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE UP TO $5,000,000 OF ITS RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BOND (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2011 WHEREAS, Westminster-Canterbury of Hampton Roads, Inc. ("Westminster- Canterbury") has described its interest in having the City of Virginia Beach Development Authority (the "Authority") issue up to $5,000,000 of its Residential Care Facility Mortgage Revenue Bond, Series 2011 (the "Series 2011 Bond") to provide $5,000,000 in permanent financing for waterproofing and window repair/replacement work on the East Tower of Westminster-Canterbury's resident and health care facility located at 3100 Shore Drive in Virginia Beach. Virginia (the "Residential Campus'), the replacement and addition of needed equipment, furnishings and fixtures and various other capital renovations and improvements to the existing facilities of the Residential Campus (the "Project") and to pay certain expenses of issuing the Bond; and WHEREAS, Westminster-Canterbury, in its application and in its appearance before the Authority, has requested that the Authority issue its Series 2011 Bond under the provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the "Act"); and WHEREAS, a public hearing has been held as required by Section 147(0 of the Infernal-- Revenue nternal^Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the"Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. It is hereby found and determined by the Authority that the issuance of the Series 2011 Bond by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience or prosperity and will further the public purposes of the Act and provide a public benefit to the City by, among other things, ensuring the continued availability of modem and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. 3. It has previously been found and determined that Westminster-Canterbury's facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the aged within the meaning of the Act. i-[059]9x2 4. The Authority hereby agrees to cooperate with Westminster-Canterbury in reviewing plans to construct various capital renovations and improvements to existing facilities at the Residential Campus and, subject to the Authority's final approval of the offering of the Series 2011 Bond at a later date, to undertake the issuance of the Series 2011 Bond in the maximum principal amount of$5,000,000 upon terms and conditions to be mutually agreed upon by the Authority and Westminster-Canterbury. If finally approved by the Authority, the Series 2011 Bond will be issued pursuant to a Bond Purchase and Loan Agreement with SunTrust Bank and certain other documents satisfactory to, and with terms to be approved by, the Authority. The Series 2011 Bond will be issued only after the Authority has received the approving opinion of Bond Counsel as to the qualification of the Series 2011 Bond under the Act and appropriate certifications and opinions as to the offering of the Series 2011 Bond and disclosures with respect thereto. 5. The Authority hereby agrees to the recommendation of Westminster-Canterbury that Wilcox & Savage, P.C. with offices in Virginia Beach and Norfolk, Virginia, be appointed as Bond Counsel and Company Counsel and hereby appoints this firm to supervise the proceedings and approve the issuance of the Series 20] 1 Bond. 6. All costs and expenses in connection with the issuance of the Series 2011 Bond, including the fees and expenses of Bond Counsel, counsel for the Authority and counsel for SunTrust Bank as the purchaser of the Series 2011 Bond shall be paid from the proceeds of the Series 2011 Bond (but only to the extent permitted by applicable law) or by Westminster- Canterbury. If for any reason the Series 2011 Bond are not issued, it is understood that all such expenses shall be paid by Westminster-Canterbury and that the Authority shall have no responsibility therefor. 7. The Series 2011 Bond shall be a limited obligation of the Authority and shall be payable solely out of the revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers, agents or employees of the Authority, past, present and future, nor any person executing the Series 2011 Bond, shall be liable personally on the Series 2011 Bond by reason of the issuance thereof The Series 2011 Bond shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be personally liable thereon, nor in any event shall the Series 2011 Bond be payable out of any funds or properties other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision thereof, including the City of Virginia Beach, shall be pledged to the payment of the principal of the Series 2011 Bond or the interest thereon or other costs incident thereto. The Series 2011 Bond shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. 2 1-1059195 I 8. The Authority shall not be liable and hereby disclaims all liability to Westminster- Canterbury for any damages, direct or consequential, resulting from the Authority's failure to issue the Series 2011 Bond for any reason, including but not limited to, the failure of the City Council of the City of Virginia Beach to approve the issuance of the Series 2011 Bond. Nothing herein shall be construed as a commitment or obligation on the part of the Authority to adopt a final resolution or execute any documents with respect to Series 2011 Bond. 9. Unless this Resolution is extended by the Authority, the Series 2011 Bond shall be issued within one year from the date hereof or this Resolution shall become void and of no further force or effect. 10. In adopting this resolution, the Authority declares its `official intent" for Westminster-Canterbury to reimburse itself for expenditures with respect to the Project from the proceeds of the Bond within the meaning of regulations issued by the Internal Revenue Service pursuant to Section 103 of the Code. 11. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Series 2011 Bond and hereby directs the Chairman or Vice- Chairman of the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolution. 12. This Resolution shall take effect immediately upon its adoption. k� Adopted this k0 day of October, 2011, by the City of Virginia Beach Development Authority. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: f'"I Sectary 3 I-105919NI Exhibit D DISCLOSURE STATEMENT Date: October! B ,2011 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $5,000,000 Residential Care Facility Mortgage Revenue Bond, Series 2011 to provide $5,000,000 in permanent financing for waterproofing and window replacement work on the East Tower of Westminster-Canterbury's resident and health care facility located at 3100 Shore Drive in Virginia Beach,Virginia (the "Residential Campus"), the replacement and addition of needed equipment, furnishings and fixtures and various other capital renovations and improvements to the existing facilities at the Residential Campus 1. The Applicant is a Virginia corporation. 2. 'fhe Applicant is the owner of the Project. 3. The current officers and trustees of Applicant arc listed on the attached Exhibit A. WESTMINSTER-CANTERBURY OF HAMPTON ROADS.INC. \\ By cill,6vir -- J Gen al Counsel 006610.3 Trustees of Westminster-Canterbury are: Appointed by the Episcopal Diocese: Appointed by the Presbytery of Eastern Virginia: RADM Byron E.Tobin, Jr. Mr. Robert W. McFarland 401 College Place#4 McGuire Woods Norfolk,VA 23510 9000 World Trade Center Norfolk,VA 23510 Mr. Howard P. Kern Mrs. Mary Louis Le Hew Sentara Healthcare 255 College Cross#66 6015 Poplar Hall Drive, Suite 300 Norfolk, VA 23508 Norfolk,VA 23502 Dr. William T. Greer Dr. Clarence A. Holland Virginia Wesleyan College 4328 Sandy Bay Drive 1584 Wesleyan Drive Virginia Beach,VA 23455 Norfolk, VA 23502-5599 Mr. George Compo Mr.Alvin Wall Compo Construction Company Wall, Einhom&Chemitzer,P.C. 2704 Florida Avenue 555 Main Street Norfolk,VA 23513 Norfolk,VA 23510 Ms. Susan'F. Bernard Mr.C. Ben Mason 1337 Graydon Ave. SunTrust Bank Norfolk,VA 23507 150 W. Main St., 14th Floor Norfolk,VA 23510 Mr.Page G. Lea Mrs. Martha Sims Capes Capital Management, Inc. Virginia Beach Dept.of Public Libraries 100 West Freemason St. 2416 Courthouse Drive—Bldg. 19 Norfolk,VA 23510 Virginia Beach,VA 23456 the Rev. Harold J. Cobb,Jr. Mr.John Y.Pearson,Jr. 1931 Paddock Road 608 Baldwin Avenue Norfolk, VA 23518 Norfolk, VA 23517 Mr.Tazewell G. Taylor Sullivan,Andrews&Taylor,P.C. 5544 Greenwich Rd., Suite 103 Virginia Beach,VA 23462 The Officers of Westminster-Canterbury are: Chairman: Mrs.Mary Louis Lc Hew 255 College Cross#66 Norfolk,VA 23510 Vice Chairman: Mr. Tazewell G.Taylor Sullivan,Andrews&Taylor,P.C. 5544 Greenwich Rd., Suite 103 Virginia Beach,VA 23462 Secretary: RADM Byron E. Tobin,Jr. 401 College Place#4 Norfolk,VA 23510 Treasurer: Mr. Howard P.Kern Sentara Healthcare 6015 Poplar Hall Drive, Suite 300 Norfolk, VA 23502 President&CEO: Mr. J. Benjamin Tinkle,Jr. 3100 Shore Drive Virginia Beach, VA 23451 Chief Financial Officer and Mr.Daniel C. Oetzel Assistant Treasurer: 3100 Shore Drive Virginia Beach,VA 23451 Vice President for Resident& Health Services Daniel J.Nimon and Assistant Secretary: 3100 Shore Drive Virginia Beach,VA 23451 Exhibit E VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 55,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2011 The City of Virginia Beach Development Authority (the"Authority") recommends approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, Inc.'s residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 222 Cemml Park Ave, SAY 1990 • Virginh Remk.Virginia 23462 • pk 757.395 6464 ar 900 9F?4507 • b.757499 9 994 Exhibit F ECONOMIC IMPACT STATEMENT FOR BOND ALLOCATION REVIEW 1-906621 3 10/05/2011 Economic Impact Statement 1. Amount of Investment $ 5,000,000 2. Amount of industrial revenue bond financing sought $ 5,000,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 0 4. Estimated real property tax per year using the present tax rate $ 963,000 5. Estimated personal property tax $ 92,000 6. Estimated impact statement demonstrating the overall return to the City: A. Number of new jobs 0 B. Payroll generated $ 0 Avg Wage$ C. Number of jobs retained 301 full time and 116 part time D. Payroll retained $ 12,334,000 Avg Wage $ 33,147 (372.7 FTEs) in fiscal year ending September 30, 2011 E. Estimate the value of goods and services purchased within the geographic boundary of Virginia Beach by type (Inventory, Machinery, Professional Services, Insurance, Motor Vehicles, etc.): Type Value Food $ 1,889,000 Utilities $ 1,732,000 Employee Benefits $ 2,989,000 Supplies $ 2,569,000 Professional Services $ 406,000 Corporate Insurance $ 531,000 Total $10,116,000 Construction of East Tower Capital Improvements (2012 capital budget items not included) F. Building permit fee and other municipal fees $ 1,100 G. Construction payroll $ 709,628 Page 1 of 2 1-906621.3 10/07/2011 Economic Impact Statement H. Value of construction material purchased within the City of Virginia Beach $ 489,723 I. Number of construction jobs 20 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project None 7. Is the site currently zoned for the use being proposed for the industrial revenue bond financing? X Yes No. 8. Has a bond purchase agreement/commitment been accepted by the applicant?(attach a copy ? X Yes No. 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? X Yes No. Plans call for closing prior to November 30, 2011. 10. Location of project (attach location map) See attached location map. 11. Explanation of alternative financing that has been reviewed for the project. The use of tax-exempt bonds is the only financing alternative that has been considered. Page 2 of 2 1-906621.3 10/07/2011 Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I. PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc. 2. LOCATION: 3100 Shore Drive, Virginia Beach,Virginia 23451 3. DESCRIPTION OF PROJECT: Waterproof and repair/replace windows on the East Tower of Westminster-Canterbury's resident and health care facility at the above location (the `Residential Campus"), replace and add needed equipment, furnishings and fixtures and various other capital renovations and improvements to the existing facilities of the Residential Campus. 4. AMOUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS: Episcopal Diocese of Southern Virginia and Presbytery of Eastern Virginia, Presbyterian Church (USA) 6. ZONING CLASSIFICATION: a. Present zoning classification the Property: 13-4 b. Is rezoning proposed: Yes No XX c. If so,to what zoning classification: 1-1062800 IW20/2011 Exhibit H VIRGINIA BEACH ! ECONOMIC DEVELOPMENT October 21, 2011 John W. Richardson, Esquire Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Westminster-Canterbury of Hampton Roads, Inc. Dear John: The Department of Economic Development concurs with the issuance of residential care facility mortgage revenue bonds in an amount not to exceed $5,000,000 for Westminster- Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. These funds are to provide permanent financing for waterproofing and window repair/replacement work on the East Tower of Westminter-Canterbury's resident and health care facility, the replacement and addition of needed fixtures, furniture and equipment, and various other capital renovations and improvements. I will be happy to answer any questions you may have at our next meeting. Sincerely Mark R. Wawner Project Development Coordinator MRW/AWS/csk 222 Central Park Ave. Sire 1000 • Virginia Beacn.Virginia 23462 • ph 757.385.6464 or 000.989.4567 • fax 757499.9894 -57- Item T~ J.3. ORDINANCES/RESOLUTIONS ITEM # 61380 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AMEND a temporary encroachment into Lake Joyce by GST Exemption Trust re an existing bulkhead at 4469 Blackbeard Road The following conditions shall be required: 1. The definition of "Temporary Encroachment" under the Agreement shall be amended to include the existing bulkhead, as shown in the attached Exhibit "A ", as "Wood Bulkhead ". 2. All other covenants and agreements shall continue in force between the Parties. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and .lames L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 1. AN ORDINANCE TO AMEND ORD- 2 2737E, WHICH AUTHORIZED THE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE 6 JOYCE, BY THE GST EXEMPTION ~ TRUST, ITS HEIRS, ASSIGNS AND s SUCCESSORS IN TITLE TO 9 INCLUDE AN EXISTING BULKHEAD io 11 WHEREAS, the City Council of the City of Virginia Beach adopted Ordinance 12 2737E on February 25, 2003, which authorized permission to construct and maintain an 13 existing pier, proposed pier, lift and ramp into a portion of Lake Joyce by the GST 14 Exemption Trust, its heirs and assigns and successors in title; 15 16 WHEREAS, pursuant to Council's direction, a Temporary Encroachment l~ Agreement was executed and recorded in the Clerk's Office of the Circuit Court of the is City of Virginia Beach, Virginia as Instrument Number 200303110037793 (the 19 "Encroachment Agreement"); 20 21 WHEREAS, after the adoption of the Ordinance 2737E, it was determined that an 22 existing bulkhead was inadvertently omitted from the Ordinance and Encroachment 23 Agreement; 24 25 WHEREAS, as the proposed amendment to include the existing bulkhead 26 represents a change in the substantive rights of the City in that agreement, City Council 27 approval of the amendment is required prior to execution of the Amended 28 Encroachment Agreement; 29 3o WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 31 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 32 City's property subject to such terms and conditions as Council may prescribe. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 3 6 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 3 ~ 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ordinance 2737E is 3 s amended to allow GST EXEMPTION TRUST, its heirs, assigns and successors in title, 3 9 to construct and maintain temporary encroachments for an existing bulkhead, existing 4 o pier, proposed pier, lift and ramp into a portion of City Property known as Lake Joyce as 41 shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" PROPOSED PIER, 42 LIFT & RAMP IN: LAKE JOYCE AT: 4469 BLACKBEARD ROAD VIRGINIA BEACH, 43 VA 23455 APPLICATION BY: GST EXEMPTION TRUST," SHEET 1 OF 1 SCALE: 1" _ 44 40', DATE: February 12, 2002 and revised through May 7, 2002, a copy of which is on 45 file in the Department of Public Works and to which reference is made for a more 4 5 particular description; and 47 4s BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 4 9 subject to those terms, conditions and criteria contained in the Amended Agreement 5o between the City of Virginia Beach and GST Exemption Trust (the "Agreement"), which 51 is attached hereto and incorporated by reference; and 52 53 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 54 is hereby authorized to execute the Agreement; and 55 56 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 57 time as GST Exemption Trust and the City Manager or his authorized designee 5 s executes the Agreement. 59 6o Except as modified herein, Ordinance 2737E shall remain in full force and effect. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~~.~ day 63 of Air~vemlag~ , 2011 CA11957 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d018\p012\00043135.doc R-1 PREPARED: 10/21/2011 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WO KR S REAL ESTATE ' I c~~~~-i I ~ ~ __D _ M ER PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) AMENDMENT TO ENCROACHMENT AGREEMENT THIS AMENDMENT TO ENCROACHMENT AGREEMENT ("Amendment"), dated 21st day of October, 2011, is by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, ("City") (to be indexed as "grantor'), and THE GST EXEMPTION TRUST, ITS HEIRS, ASSIGNS, AND SUCCESSORS IN TITLE, (to be indexed as "grantee"). WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land (the "Property") designated and described as "SECTION 1, LOT 28, BLOCK 1, BAYLAKE PINES," and being further designated, known, and described as 4469 Blackbeard Road, Virginia Beach, Virginia, 23455; and WHEREAS, the City and Grantee are parties to the Encroachment Agreement (the "Agreement") executed February 28, 2003, which Agreement is recorded in the land records of the City of Virginia Beach, Virginia, as Instrument #200303110037793;and WHEREAS, the Parties omitted the existing bulkhead in the description of the Encroachment Area in the Agreement authorized by the City Council; and WHEREAS, the Parties desire to amend the Agreement to include the existing bulkhead in the description of the Encroachment Area. GPIN'S: 1479-89-0997-0000; (4469 Blackbeard Road) 1570-80-2438-0000; (CITY PROPERTY KNOWN AS LAKE JOYCE AND 25' STRIP AROUND THE LAKE) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties, the parties agree as follows: 1. The definition of "Temporary Encroachment" under the Agreement shall be amended to include the existing bulkhead, as shown in the attached Exhibit "A", as "Wood Bulkhead". 2. All other covenants and agreements shall continue in force between the Parties. IN WITNESS WHEREOF, Gary Dew Scherrnerhorn, Trustee, the said Grantee, has caused this Amendment to be executed by his signature. Further, that the City of Virginia Beach has caused this Amendment to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 2 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 3 By -- Gary Dew Sch rmerhorn, Trustee of The GST Exemption Trust STATE OF _V ~ CITY/COUNTY O ~\ ~~Q. ~ (~ , to-wit: ~- The foregoing instrument was acknowledged before me this ~ day of ,~, 2011, by Gary Dew Schermerhom, Trustee for the property owner and grantee. `~ ~ ~ EAL) Notary Public ,_ _ NOMA KAREN ELEPAN0 Notary Registration Number: '~ ~~ 1?~(~'"-') Notary Public Commonwealth of Virginia 7351267 My Commission Expires: 3 My Commission Expires Apr 30, 2014 (THE REMAfNDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 4 APPROVED AS TO CONTENTS 1 m n \ i' f V~J ~ J SIG ATURE ) ~; ~ r~ I ~ ~ l ~~`` _ -~- DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM l ~ _ ~,~ / ~ r, DAN RMEYER, ASSISTANT CITY ATTORNEY AFFIDAVIT COMMONWEALTH OF VIRGINIA City of Virginia Beach, to-wit This day personally appeared before me, a Notary Public in and for the aforesaid jurisdiction, William Curtis Estes, Jr., President of Eastern Marine Construction, Inc., a Virginia corporation, who first being duly sworn, deposes and says that the wood bulkhead, pier and lift remain on the property at 4469 Blackbeard Road, Virginia Beach, Virginia, as shown on the attached exhibit, and is an accurate depiction of the property in its current state. Witness the following signature and seal. Construction, Inc. Sworn to and subscribed before me this '~ d y of -~ , 2011. ~.. AL) Notary Public ~~ _._) Notary Registration Number: r• ~ \ ~~ NOMA KAREN LEPANO ~ My Commission Expires: ~~ 2-~t _ Notary Public \\vbgov.com\dfst\applications\citylawprod\cycom321wpdocs\d018\p 12\00043129.doc Commonwealth of Virginia 7351267 My Commission Expires Apr 30, 2014 F s OHW AT FACE OF BULKHEAD I ~~\ ~ \ ~\ ~~ 0 ~N; r' f ,9. e ~p~o LNP °^'~~ A~9 LOT 28 ~ ONE STORY BR1C#( # 4469 LOT 27 N/F GEORGE W. ACKLEY, III 1479-89-0845 ASPFtALT DRIVE LAKE JOYCE OWNED BY THE CITY OF VIRGINiA BEACH PROPOSED PIER AND LIFT PROPOSED 12' x 56' AFL, CONC. RAMP O,p O ~ A~~ SST. ~,~ y~ ~~ ~~ ,~;. -_ ~`;3 ~S , •3 .'~ y LOT 29 N/F VICTORIA G. ZIMMERMAN 1570-80-2010 SITE DATA: LOT 28, BLOCK dNE, BAYLAKE PINES IPF REF: MB. 31 P. 53 GPiN: 1479-89-0997 / ZONED: R-10 ~=s~.ss' ! ~~IPF ~saoa• oAO ~5°'~ PLAN VIEW CKB,,Ep,RD R SCALE 1 " = 40' gL.A REV: APRIL 21, 2002 2002 WATERFRONT CONSULTING, INC. ALL R{GHTS RESERVEQ. REV: MAY 7, 2002 PURPOSE: BOATING ACCESS PROPOSED PIER, LIFT & RAMP DATUM: MSL = 0.0 IN: LAKE JOYCE A.P.O.'S IIUATERFR ON T AT: 4469 BLACKBEARD ROAD 1. GEORGE W. ACKLEY, III ~®N SU LTI N G, ~ N C AIPPLICAT OEN BYE: VA 23455 2. VICTORIA G. ZIMMERMAN 1112 JENSEN DRfVE, STE. 206 GST EXEMPTION TRUST VIRGINIA HEACH, VA 23451 PHONE/FAX: (757) 425-8244 SHEET 1 OF 1 DATE: FEBRUARY 12, 2002 EXHIBIT "A" -58- Item V.J.4. ORDINANCES/RESOLUTIONS ITEM # 61381 William Bailey, 64 Edwin Drive, Phone: 288-5761, represented the Virginia Beach Professional Firefighters and complimented the leadership on the City Council during the Workshop. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, with REMOVAL OF ITEM #S: #S. State Legislation that would enable localities to have a choice between providing new employees with a Defined Benefit Retirement Plan or a Defined Contribution Retirement Plan Resolution to REQUEST Virginia Beach's General Assembly Delegation to support the City's goals and objectives as set forth in their 2012 Legislative Agenda Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• William R. "Bill " DeSteph Council Members Absent.• None November 1, 2011 1 A RESOLUTION ADOPTING THE CITY'S 2012 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2012 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2012 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2012 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this F; ,-mot 32 day of ~laveml~er , 2011. APPROVED TO CONTENT: ~, 1 City Manager's fice APPROVED AS TO LEGAL SUFFICIENCY: /_~~~ City Attorney's Offi CA12021 R-1 October 24, 2011 LEGISLATIVE AGENDA GENERAL ASSEMBLY SESSION 2012 CITY OF VIRGINIA BEACH LEGISLATIVE AGENDA GENERAL ASSEMBLY SESSION 2012 SEPTEMBER 2 7, 2 011 CITY COUNCIL MEETING 1 Revised November 1, 2011 Preface ....................................................................................................................................................................................1-2 City of Virginia Beach 2012 Requested Code of Virginia Changes ..............................................................3 Post Labor Day Opening for Schools ...........................................................................................................................3 Expansion of the Virginia Human Rights Act ...........................................................................................................4 Equalization of Lodging Taxes ........................................................................................................................................5 Authority Granting the City of Virginia Beach Concurrent Jurisdiction with the Commonwealth in Identified Waters Off the City Shores ..........................................................................................................................6 Autism Spectrum Disorder (ASD) Initiative ................................................................................................... ..........7 Responding to Health Reform and Integrated Care Demands ................................................................ ..........8 Specialized Services and Regional Initiatives and Emergency Services ............................................. ...9-10 Illegal Use of Laser Pointers or Lights ............................................................................................................... .......11 Small Business Financing Authority .................................................................................................................. 12-13 Sustainable Transportation Funding ................................................................................................................. 14-16 Disclosure Limitation for Unpaid Invoices ...................................................................................................... 17-18 Wireless E-911 Fund Distribution Formula Changes ................................................................................. .......19 Line of Duty: Death, Health, and Disability Benefits .......................................................................................... 20 Taxation of Internet Sales ...................................................................................................................................... 21-22 Job-Related Injury: Continuation of Law Enforcement Officer (LEO) Benefits ................................ 23-24 Hampton Roads Partnership Priority Items .......................................................................................................... 25 Moratorium on Uranium Mining ................................................................................................................................ 26 Audit Records of Ongoing Investigations and Confidential Sources .................................................... 27-28 City of Virginia Beach Funding Items ...........................................................................................................29 Continued Funding for BRAC Effort .................................................................................................................... ...... 29 Appendix: Drafts of Proposed Legislation-Keyed to Requested Code Changes ...........................30 Authority Granting the City of Virginia Beach Concurrent Jurisdiction with the Commonwealth in Identified Waters Off the City Shores ................................................................................................................. ...... 31 Illegal Use of Laser Pointers or Lights ................................................................................................................ ......32 Sustainable Transportation Funding ........................................................................................................................ 33 Disclosure Limitation for Unpaid Invoices ............................................................................................................. 34 Audit Records of Ongoing Investigations and Confidential Sources ...........................................................35 Proposed Public Safety Answering Point (PSAP) Funding Formula Impact Analysis ................... 36-39 The 2012 Session of the General Assembly will be very challenging. Hopefully, it will not be as challenging from a fiscal standpoint as the last two sessions. However, the current biennium budget was balanced through accelerated sales tax collection, deferral of over $600 million in payments to the Virginia Retirement System (VRS), and other methods that will be carried forward into the next biennium. Furthermore, at the time of this writing, the economy may be entering into a "double-dip" recession. Although the state ended Fiscal Year 2011 with a "surplus" of $311 million, there are still many unmet needs throughout the Commonwealth. Furthermore, the $311 million needs to be reviewed in comparison to the over $600 million that was not paid to VRS that is required to make the VRS fund more fiscally sustainable. Besides the fiscal impacts, there will be other policy decisions made during the 2012 session that will have tremendous impact on the lives of Virginians and residents of Virginia Beach and Hampton Roads. It is likely that the issue of ABC Privatization will be reintroduced into the General Assembly discussion. All cities still remain concerned about the impact of such privatization. Furthermore, although the City is greatly appreciative of Governor McDonnell's efforts to provide funding for transportation in the last session, there is still no ongoing financing vehicle available for addressing transportation infrastructure, maintenance, and construction needs. Currently, there is over $550 million taken from the Transportation Trust Fund, which should be used for construction, and instead is going into system maintenance. Maintenance needs are also increasing by over $50 million per year. To put this into perspective, one penny on the gas tax statewide provides $50 million. Thus, it would require a gas tax increase of at least eleven cents statewide just to make up the funds in the construction budget that are currently being transferred to the maintenance budget. In the backdrop of this is the turmoil at the federal level over the U.S. Government's finances. Inevitable federal budget cuts will have great impacts and be likely passed through the state to the local governments. Also, the state continues to bill the local governments for $60 million a year that local governments equate to local government state aid. The City suggests that if there are available funds after the constitutionally required funding that the $60 million in cuts in state aid to local governments from previous years be restored. As has previously been stated, the City Council of Virginia Beach continues to be concerned about the level of funding available for basic services such as education, social services, public safety, and transportation. These issues need to be addressed in the upcoming biennium budget. 1 Finally, the City is very appreciative of the General Assembly and the Governor's funding of the Commonwealth's $7.5 million share of the BRAC Compliance Program. We believe in keeping our commitments and maintaining the positive momentum we have jointly built with the military. Funding needs to be included in the biennium budget for both years. City Council wishes the very best for the General Assembly Members during the upcoming 2012 session as you shape the judgments that will influence our future prosperity and well being. 2 1. POST LABOR DAY OPENING FOR SCHOOLS Jim Ricketts Department of Convention and Visitors Bureau Background Information: The total spending from the tourism industry in Virginia Beach for calendar year 2009 was $1.06 billion, stimulating 11,596 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT Virginia Beach Human Rights Commission Background Information: The Virginia Human Rights Act (Va. Code §2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. 4 3. EQUALIZATION OF LODGING TAXES James K. Spore City Manager Background Information: During the 2011 General Assembly Session, legislation (Senate Bill 972 -Whipple) was introduced that would have the retail sales and hotel taxes on transient rooms (hotel rooms) be computed based on the total charge or price paid. Currently, when a customer reserves a room online from a hotel website, they pay the full sales tax for that room. However, when the online travel companies rent rooms, the sales on the entire price is not paid. The Online Travel Companies (OTCs) buy blocks of unused rooms and resell them. However, the hotel tax is hidden within a service fee charged that shows up on the customer's credit card bill. This is not a new tax, but a fair collection of existing taxes. Major hotel chains such as Marriot and Hilton supported this legislation during the 2011 session. Several states have approved legislation such as this proposal and have upheld it in the courts. Request: The General Assembly is requested to amend section § 58.1-602, etc. as was proposed in Senate Bill 972 from the 2011 session. When a hotel or similar establishment contracts with an intermediary to facilitate the sale of the room and the intermediary charges the customer for the room, the bill would require the intermediary to separately state the taxes on the bill or invoice provided to the customer and to collect the taxes based on the total charges or the total price paid for the use or possession of the room. It is suggested that the bill have a delayed implementation date of January 1, 2013. This would allow the OTCs time to accommodate the change into their billing practice. 5 4. AUTHORITY GRANTING THE CITY OF VIRGINIA BEACH CONCURRENT JURISDICTION WITH THE COMMONWEALTH IN IDENTIFIED WATERS OFF THE CITY SHORES Chief James A. Cervera Department of Police Background Information: The City of Virginia Beach provides Emergency Medical Services, Fire and Law Enforcement services in waters located off its coastline. These invaluable services supplement and greatly enhance those provided by the Department of Game and Inland Fisheries and the State Police. In an effort to curtail any possible argument related to the City's authority to address public safety concerns, the Code of Virginia should include a provision granting the City concurrent jurisdiction in specified waters off the City's shore. This has caused confusion in the courts when we bring offenders to trial. Request: Enact Code of Virginia § 29.1-747 to provide the City of Virginia Beach concurrent jurisdiction with the Commonwealth of Virginia in the identified waters off the shores of Virginia Beach. See Appendix Item 4 (.page 31) for text of the requested legislative change. 6 5. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE Robert R. Morin Department of Human Services Background Information: The Center for Disease Control (CDC) estimates that at least 1% of all children in this country have some form of Autism Spectrum Disorder (ASD). Based on these estimates, over 5,300 children in Virginia have ASD of which 437 reside in Virginia Beach. These children have access to needed school-based educational services and supports. However, children with ASD and their families have little/no access to non-school-based specialized mental health services and supports. For this reason, the Children's Council is requesting an ASD initiative to develop the workforce. This recommendation is to provide a foundation for across-the-board expertise and training in Community Services Board (CSB)/Behavioral Health Authority (BHA) for ASD. The Virginia Association of Community Services Boards (VACSB) Child and Family Services Council estimate that requests to CSB/BHAs now for these services exceed 1450 families. Specifically, the ASD Initiative will include: • A onetime cost of $15,000 per CSB/BHA ($600,000 statewide in total) for designated staff to receive training to become certified ASD specialists to assist in the assessment, treatment planning, and coordination of services for children with ASD and their families. Request: Support the request for an ASD initiative to specifically include $15,000 per CSB/BHA ($600,000 statewide in state general fund dollars) for designated staff to receive training to become certified ASD specialists to assist in the assessment, treatment planning, and coordination of services for children with ASD and their families. 7 6. RESPONDING TO HEALTH REFORM AND INTEGRATED CARE DEMANDS Robert R. Morin Department of Human Services Background Information: While all priorities have goals of both serving the existing need and developing capacity for need for effective service delivery through health care expansion of Medicaid and insurance coverage, this priority reflection promotes regional projects that integrate and coordinate mental health, substance use disorders, and primary care medical services for individuals with severe behavioral health conditions. This Comprehensive Systems of Care regional approach will enable us to more effectively meet the demands when Health Care Reform mandates begin in 2014. Request: Support projects that integrate and coordinate medical and behavioral health services through regional projects such as the Health Planning Region V (HPRV)/Eastern Virginia Medical School (EVMS) pilot or the Federally Qualified Health Center/Community Services Board integration project. 7. SPECIALIZED SERVICES AND REGIONAL INITIATIVES AND EMERGENCY SERVICES Robert R. Morin Department of Human Services a, Inpatient Diversion Background Information: Decreasing the number of State facility beds currently being used requires the utilization of a variety of diversion strategies including purchase of services through increased and very flexible local inpatient purchase of service (LIPOS), immediate access to psychiatry, telepsychiatry, and medication, tiering rates for higher levels of private hospital services, including additional payments for temporary detention orders (TDO), and longer lengths of stay in private hospitals. Building capacity in these areas is critical in order to reduce reliance on state facilities. Request: Support the statewide spending of $3.15 million in state general funds to continue building community capacity to help offset the downsizing of state facility beds by expanding existing private facility contracts. Such capacity would be available for all CSBs in the region to access. b. Specialized Regional Geri-psychiatric Capacity Background Information: As of July 15, 2011, the largest facility in the region serving geriatric adults in an inpatient setting closed their gero-psychiatric unit. Providing appropriate crisis services at the time of crisis in order to augment the effective use of the acute care resources in the least restrictive treatment environment, expanding alternatives for post-acute care with the crisis service assisting in the return, and settling-in the home or long term care facility are among the outcomes of this priority: a Geriatric Psychiatry System of Care is proposed in each Region with an average cost of $2 million per region (total annual cost of $10 million). 9 This funding would facilitate the CSBs: • To implement crisis care alternatives that can serve as adjuncts to a CSB emergency services evaluation during crisis as well as adjunct supports to discharge planning after acute care. • To implement alternatives that can serve as adjuncts to discharge planning after acute care. • To provide access to the system of care services that supports a "No-Wrong-Door" program to reduce service fragmentation. • To identify and promote strategies that prevents or eliminates disparities in health care for older adults. • To prevent behavioral escalation that is likely to lead to more expansive involuntary detention and or ongoing crisis. • To assure that crisis alternatives are best supported through a sufficient number of qualified staff trained in the needs of older adults. Request: Support request to build a system of care for geriatric adults in need of psychiatric/mental health services to meet increasing demands of this population with dementia and other psychiatric disorders. The request for Health Planning Region V Community Services Boards is $2 million. 10 8. ILLEGAL USE OF LASER POINTERS OR LIGHTS James K. Spore City Manager At the request of Naval Air Station Oceana Background Information: Currently there is a prohibition in the Virginia Code and City Code against pointing lasers at police officers. Oceana Naval Air Station's pilots have experienced several instances of persons shining lights into airplane cockpits. This is a very dangerous activity because this distracts the pilots when they are close to landing in Oceana Naval Air Station and also can cause permanent damage to vision. Request: The request is to amend section § 18.2-57.01 of the Code of Virginia to make it illegal to point a laser at aircraft and to allow local law enforcement officers to issue citations for illegal use of lasers when they are pointed at aircraft. This would be a Class 1 misdemeanor. See Appendix Item 8 (.pace 32) for text of the requested legislative change. 11 9. SMALL BUSINESS FINANCING AUTHORITY Warren Harris Department of Economic Development Background Information: The City of Virginia Beach, along with a number of other localities, has been pursuing curbs on the Virginia Small Business Financing Authority (VSBFA) for several years. In the 2003 General Assembly amended the definition of "eligible business" in the Virginia Small Business Financing Act, Va. Code Sec. 2.2-2279, et seq. (the "Act"), to allow the VSBFA to issue bonds not only for small for profit businesses, but also for 501(c)(3) non-profit organizations of any size. Prior to this time, large non-profits had to work with their municipal Industrial Development Authority (IDA) or Economic Development Authority (EDA) and local City Council in order to have the IDA or EDA issue the bonds after a local public hearing and City Council approval. This represented a major expansion of the VSBFA's jurisdiction, as while previously "eligible businesses" were limited to for-profit entities meeting various gross income, employment, or net worth limits (which essentially defined a "small business"). The situation was exacerbated in January, 2008, when the VSBFA, which already charged a lower fee rate of 1/10 of 1%, capped its administrative fees (currently at $125,000) per year for non-profits of any size. This makes it even more lucrative for large non-profits to issue bonds through the VSBFA versus through a local EDA, while both the state and local governments lose valuable revenue through this competition for administrative fees. As larger 501 (c)(3) organizations continue to turn to the VSBFA instead of their local EDA for their bonds, there will be significant adverse financial consequences for localities caused by competition from an agency of the Commonwealth. Large non-profits do not pay local taxes. Yet, as these large non-profits continue to grow, the localities must continue to provide services to them and increase these services in a like manner as the non-profit grows. Most of the time, the only direct revenues that accrue to localities from these developments are the bond administrative fees. Local and state government should not be in competition with one another for issuing tax free bonds. Request: The General Assembly is requested to limit the power of the Virginia Small Business Financing Authority along the lines of the legislation in 2011 sponsored by Senator Norment in Senate Bill 1349. Negotiations between the EDAs and the VSBFA are ongoing; 12 however, there are sticking points such as the split on annual bond issuance fees and where public hearings are held. 13 10. SUSTAINABLE TRANSPORTATION FUNDING James K. Spore City Manager Background [nformation: Transportation funding is required for two purposes: • Maintenance of our existing infrastructure investment and; • Construction of new roadway projects to meet existing and future mobility needs. Virginia is not close to meeting either need and the trend is negative in both categories. Since 1986, vehicle miles traveled has increased by approximately 40%. Population has grown approximately by 30%; however, lane miles of roadway have only increased by approximately 10%. To make matters worse, the purchasing power of the Virginia gas tax of 17.5 cents per gallon in 1987 is now equivalent to a tax of only eight cents per gallon in 2011. Obviously, that purchasing power will continue to decline over time. Virginia has a much lower state gas tax than its surrounding competitor states such as Maryland (23.5 cents), North Carolina (35.3 cents), West Virginia (32.2 cents), and Kentucky (27.8 cents). As of July 1, 2011, the national average for federal and state gas tax per gallon was 48.9 cents. With the exception of Northern Virginia, Virginia's total tax of 38.4 cents is currently 12.5 cents per gallon below the national average. System Maintenance: The cost of roadway maintenance continues to grow by approximately $50 million a year. This is a function of new roadways being added to the system, secondary road maintenance, and increasing maintenance costs for segments of the interstate system, which are now aging. Since 2002, funds for maintenance have had to be transferred from the Commonwealth Transportation Fund, which was envisioned in 1986 as purely for new roadway construction. In fact, in 2011, over $550 million will be transferred from the construction fund to the maintenance fund. As mentioned previously, that figure increases approximately $50 million a year. The consequences of this diversion of construction funds to meet maintenance needs means that in Virginia Beach, where only a few years ago, the City received over $32 million a year in urban street funding, we now receive zero funds for urban street construction. The same is true for secondary construction in the counties. Money that was 14 available to the City for constructing roads such as Princess Anne, Laskin Road, First Colonial, Kempsville Road, Centerville Turnpike, etc. Because of the diminishing value of the gas tax due to more efficient automobiles and the growth in construction costs, there is not one measure that will be the "silver-bullet" for funding. However, the City Council believes that a ~»~*ainable long-term source of revenue for transportation should be pursued immediately. The Council leaves it up to the General Assembly as to what source(s) would best be utilized. However, the lack of a sustainable long-term transportation funding stream will leave Virginia lagging woefully behind its regional and international competitors. It will also cause a decrease in the quality of life to our residents through the cost of congestion, degraded air quality, and the reduced desirability of the Commonwealth for future economic growth. New Roadway Construction: The Hampton Roads Transportation Planning Organization (HRTPO) has identified $30 billion in regional construction needs over the next twenty years. However, only $13.6 billion in traditional federal and state funding are envisioned to be available. Maintenance requirements are projected at $12.35 billion over that timeframe, and, therefore, would leave only $1.25 billion left for construction of regional capacity improvement projects. To put that in perspective, the needed improvements to I-264 in Virginia Beach are projected at $2.5 billion. Improvements to I-64 in Chesapeake are at $2 billion and improvements to I-64 on the Peninsula are $2 billion or more. Although tolls can certainly be used for funding for part of the program needs, there are serious downsides to depending exclusively on tolling. Although we are very grateful to the Governor and the General Assembly for the approximately $3 billion in new roadway construction funding, $1.8 billion of those funds are bonds that will be serviced by future federal transportation appropriations. The diversion of funding to preserve the existing public investment can be halted by providing an additional $500 million ner year for partially meeting construction needs. Request: The General Assembly is requested to create along-term sustainable source of additional revenue for transportation of at least $500 million per year. This should be indexed for inflation and could use innovative forms of raising revenue. This could include tolls, vehicle miles traveled fees, gas taxes, etc. 15 Furthermore, the General Assembly is requested to create additional language that would assure the public that any additional funds raised for transportation system maintenance or new construction actual are applied for those purposes. The City supports the condition that a "lockbox" be established to separate any new revenue from the general fund. This language is similar to § 58.1-662 dealing with communications sales and use tax revenue which would address this concern. See Appendix Item 10 (nags 33) for text of the requested legislative change. 16 11. DISCLOSURE LIMITATION FOR UNPAID INVOICES Patricia Phillips Department of Finance Background Information: The purpose of the Virginia Freedom of Information Act ("FOIA") is to provide citizen access to public records and meetings. "All public records and meetings shall be presumed open, unless an exemption is properly invoked."1 In addition to the mandates of FOIA, the Virginia Public Procurement Act ("VPPA") provides, subject to certain exceptions, "all proceedings, records, contracts and other public records related to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation..."2 In tension with the disclosure requirements of FOIA and the VPPA is the prohibition on the release of specific records by Virginia Code § 58.1-3131. This statute requires the City Treasurer to maintain a record of warrants drawn upon him by the City.3 The "warrant" described by this statute is aCity-issued check. With regard to the release of information contained on the list of warrants, § 58.1-3131 provides: No information contained in the list of warrants shall be released for any purpose except (i) that the local governing body may publish aggregated information relating to warrants paid, as classified by expenditure item, recipient, date, or disbursement, or (ii) as a means of establishing the status of a claim previously reported as having been paid when a person legally entitled to the funds presents evidence that a previously submitted claim has not been paid. In no case, however, shall the governing body of any county, city, or town publish any information that is prohibited from release under federal or state law, including but not limited to confidential records held pursuant to § 58.1-3. The staff of the Finance Department receives requests for this information from outside entities in order that the outside entities can directly contact the City's vendors for the purpose of gaining "finder's fees" by informing the vendor of available cash. The Finance Department currently contacts all vendors of uncashed checks and will either reissue a ' Va. Code § 2.2-3700(B). z Va. Code § 2.2-4342(A). s A municipal warrant is "an order to draw money from the municipality's treasury for the payment of the municipality's expenses or debts." BLACK'S LAW DICTIONARY 1617 (8th ed. 2004). 17 check or escheat the check to the State. It is unfair that taxpayer resources should be used to develop programs and provide information for the benefit of outside entities. Request: The City requests the General Assembly amend Virginia Code § 58.1-3131 to specifically provide that "unpaid invoices" are included in the list of warrants. For purposes of this request, "unpaid invoices" means invoices that have been presented to a locality for payment and the payment has not been effective either because of a failure of electronic payment or a check was mailed but not cashed. Once paid, the invoices would be subject to the various requirements of FOIA and the VPPA. See Appendix Item 11 (.page 34) for text of the requested legislative change. 18 12. WIRELESS E-911 FUND DISTRIBUTION FORMULA CHANGES Athena Plummer Department of Emergency Communications & Citizen Services Background Information: The average annual revenue received by the Commonwealth from the wireless E-911 surcharge is $54,000,000. Approximately $25-28,000,000 is distributed to Public Safety Answering Points (PSAPs) and carriers under a 60/30/10 formula. From fiscal year 2008 through fiscal year 2011, Virginia Beach has received an average of $1,837,025 as their share of the wireless surcharge. This offsets the Virginia Beach general fund for E-911 personnel and operations. On September 8, 2011, the Wireless E-911 board (15 members) voted to change the distribution formula effective fiscal year 2013. As a result of this change, Virginia Beach will receive 27% less of the wireless surcharge over a 3 year period (70% of the 911 calls received are wireless) resulting in a loss of over $1,000,000. The Hampton Roads region will receive 30% less of the wireless surcharge overall. If the distribution formula remains as recently approved, there will be a negative impact on our ability to hire and retain qualified VB911 employees, and will lessen our opportunities to maintain, repair and upgrade the equipment and applications required for public safety emergency communications and Next Generation 911. Request: The General Assembly is requested to change or modify § 56-484.17(C) to read that the funding distribution can only be changed by legislative approval, and not by a vote of the E- 911 board. This will allow distribution of the wireless surcharge based on the geographic locations from which the fees are collected and the wireless emergency calls are received. See Appendix Item 12 (Wage 36) for a chart that displays the Proposed Public Safety Answering Point (PSAP) Funding Formula Impact Analysis. 19 13. LINE OF DUTY: DEATH, HEALTH, AND DISABILITY BENEFITS Patricia Phillips Department of Finance Background Information: The Line of Duty Act (CODA) provides benefits to state employees and local sworn government employees, including volunteers. The 2010 Appropriations Act required localities to provide the benefit which was previously funded by the State. The CODA Fund is administered by the Virginia Retirement System (VRS) and provides a funding mechanism for payment of CODA benefits. The state and localities participate automatically in the CODA Fund. However, localities may opt out of participation in the CODA Fund by June 30, 2012. If the City of Virginia Beach does not opt out, it will cost the City $620,502 in FY-13. If the City opts out, then the costs are fully payable by the City, which would be close to $1,000,000. Before the 2010 Appropriation Act was passed, the City did not pay for any of these costs. Request: The 2010 Appropriations Act is essentially an unfunded mandate. We request the General Assembly to pass legislation that would reinstate full funding for CODA benefits at the state level. 20 14. TAXATION OF INTERNET SALES Catheryn Whitesell Department of Management Services Background Information: The state of Virginia has one of the lowest sales tax rates - at 5% - in the country. All sales, whether in bricks and mortar stores or items purchased over the internet, are subject to this 5% tax. The specific term is "sales tax" when an item is purchased from a bricks and mortar store and "use tax" when an item is purchased over the internet. Virginia income tax forms require that individuals who purchase items over the internet reimburse the state for sales tax that they do not pay on those items. In 1992, the U.S. Supreme Court ruled that retailers are exempt from collecting sales tax in states where they have no physical presence, such as a store, office, or warehouse. Virginia has not adopted an amendment to the Code of Virginia requiring such tax collection even when there is a "nexus" or physical presence in the state. Most of the large chains of bricks and mortar stores have publicly come out in support of the states collecting sales and use tax on internet purchases. This is because the internet companies operate at a 4% to 9% greater price advantage over local stores based on the sales tax in different states. The lack of taxing internet sales also undermine state and local governments by reducing tax revenues for general fund activities such as schools, police, and other services. This is a growing trend because of the explosion of business being conducted over the internet. A number of states have amended their state code to extend the definition of nexus to cover some web only retailers such as Amazon.com. One school of thought is that because of the large amount of internet servers in Northern Virginia, through which much of the internet traffic for the country is handled, then that constitutes a nexus. Also, recently, California adopted a change to its laws allowing internet sales to be taxed. Amazon.com was pursuing an initiative to overrule that California law, but has recently settled with the state of California and has agreed to pay sales tax in California, which amounts to approximately 12% of their total market base starting in 2012. Although the exact amount of sales tax to be collected is unknown, it is expected to be $200 to $300 million per year by the Government Financial Officers Association (GFOA), for the general fund of the Commonwealth. The General Assembly could also dedicate this new revenue to transportation. 21 Request: The General Assembly is requested to amend the Code of Virginia to allow sales tax to be required to be paid by Internet retailers. As mentioned above, this is not a new tax, but is purely a better way of collecting the use tax that is not self reported by Virginia tax payers as they are legally bound to do. This will level the playing field between bricks and mortar businesses, many of which are local small businesses, and the Internet businesses. It will also provide much needed revenue to the Commonwealth. 22 15. JOB-RELATED INJURY: CONTINUATION OF LAW ENFOREMENT OFFICER (LEO) BENEFITS Patricia Phillips Department of Finance Background Information: Public safety employees lose the ability to retain the LEO supplement if they are disabled due to ajob-related injury and have less than 20 years of service and move to anon-sworn, non LEO position. Public safety employees are some of the most frequently injured, often seriously and incur injuries that may limit their ability to continue working in a sworn position. Despite these injuries, these employees often are able to have significant productive work capacity and a potential to work in non-sworn positions. Presently employees are entitled to disability retirement when an injury renders them unable to perform the essential functions of their specific job. In some cases; however, the employee is capable of performing other work and the locality may have alternate positions available for the employee within the parameters of the employee's medical restrictions. However, if an employee cannot medically continue to perform in a LEO covered position accepted an alternate position, he/she would lose the LEO supplement which can be a determining factor in whether the employee accepts an alternate non- sworn position. Providing an extension of LEO benefits if an employee accepts an alternate non-LEO position within the organization with comparable pay would provide an incentive for employees to remain employed with the local government, and would potentially reduce disability retirements thereby decreasing the expense for the VRS system and the employer. Likewise, it would provide continuous employment and benefits for the employee. Request: The General Assembly is requested to amend Virginia Code § 51.1-138 Benefits as follows: In the case of employees who are hired to positions covered under Virginia Code § 51.1-138 and which are considered LEO covered positions as defined by VRS: if the local government chooses to find an alternate position within its organization or affiliated organization and one is available within the employee's medical restrictions, that would not result in a diminution of salary or benefits, then any person disabled in any covered 23 public safety position who (1) completed five (5) years in the LEO covered position and (2) who takes municipal employment in anon-LEO covered, non-sworn position with the same local government shall retain the rights to the annual allowance in Virginia Code 51.1-206, if the employer elected to provide said benefits, when they qualify for a service retirement. In addition, if said member retires with a service retirement at 25 years or more the service retirements will be unreduced. 24 16. HAMPTON ROADS PARTNERSHIP PRIORITY ITEMS City Council City of Virginia Beach The Council of the City of Virginia Beach supports and endorses the Hampton Roads Partnership's Priority's Items as follows: • Capitalizing the Intercity Passenger Rail Operating and Capital Fund o The request is that a revenue stream be utilized to allow Virginia to meet its requirements as of October 2013 to fund 100% of the operating cost and 25% of the capital equipment costs for existing Amtrak service of 750 miles or less, and all new high-speed rail service. • Creating the Virginia Federal Facilities and Defense Industry Caucus o This would be a caucus of General Assembly members who have military and defense industries, whether private or public, within their jurisdictions. The objectives would be: ^ To build a venue for members to discuss issues that impact the legislative districts in hosting federal installations. ^ To improve awareness regarding these issues and to strategize appropriate measures for addressing issues that may impact the Commonwealth's federal and defense industry. ^ To build coalition support to increase efforts for the United States defense industry. ^ To promote the creation of sufficient and necessary funding of activities to protect and expand Virginia's national defense capabilities. 25 17. MORATORIUM ON URANIUM MINING Thomas M. Leahy, III DepartmentofPublic Utilities Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream, through a series of tributaries, from the source of the Lake Gaston water supply. City Council has previously gone on record as being opposed to the lifting of the moratorium on uranium mining until it can be shown to be no threat to the City's water resource. The developer of the proposed uranium mine has commissioned, through the state, a study by the National Academy of Sciences. The results of that study examining the risks that uranium mining might have as well as the benefits to the Commonwealth are now not expected to be released until late November. The City has funded a study of the risks and is in the process of completing a supplemental study based on the initial study results. That study will not be finished until mid-December. The City believes it is unwise to pursue even the regulation promulgation for uranium mining until the previously mentioned studies, and other related studies, have been reviewed by all those who might be impacted by uranium mining. Request: The General Assembly of Virginia is requested to maintain the moratorium on uranium mining, or the consideration of such, until at least the 2013 General Assembly session. Furthermore, the General Assembly is requested to not have the regulation promulgation process for uranium mining started unti12013, at the earliest. The Council believes it is not appropriate to have the regulation process begun by the Department of Mines, Minerals and Energy (DMME) until the studies that are yet to be completed have been reviewed by all localities and others that maybe impacted by uranium mining. 26 18. AUDIT RECORDS OF ONGOING INVESTIGATIONS AND CONFIDENTIAL SOURCES Lyndon S. Remus City Auditor Background Information: The Freedom of Information Act requires the release of public records, except those records that the General Assembly has excluded from the Act's mandatory disclosure provisions. One such exclusion applies to investigative notes, correspondence and information furnished in confidence with respect to audit investigations by state or local auditors. The exclusion requires that pertinent information about completed investigations be released "in a form that does not reveal the identity of the complainants or persons supplying information to investigators." Accordingly, when the City receives a request for documents pursuant to the Freedom of Information Act, the City is authorized to withhold certain documents about ongoing investigations, and the City can protect the identity of confidential informants (even if the investigation has been completed). The Freedom of Information Act, however, is not the only state law that provides public access to records. The Government Data Collection and Dissemination Practices Act generally entitles a person to see almost any records or information about himself. The purpose of the Act is to allow citizens to see information that the government has about them and to enable them to compel the government to correct erroneous information about an individual. The wording of the Government Data Act is so broad, however, that an employee who is the subject of an ongoing fraud, waste and abuse audit investigation into the employee's alleged misconduct can use the Act to demand copies of any and all documents regarding the ongoing investigation-even information about other citizens or employees who have confidentially provided auditors with information in the course of the investigation. The Government Data Act contains an exclusion for records of the State Internal Auditor or internal audit departments of state agencies or institutions that deal with communications and investigations relating to the State Employee Fraud, Waste and Abuse Hotline, but, unlike the Freedom of Information Act, the Government Data Act contains no similar exclusion for records of local auditors. 27 Request: The City requests that the General Assembly amend section § 2.2-3802(12) of the Code of Virginia to include an exclusion for both state and local auditor records that concern fraud, waste and abuse investigations. See Appendix Item 18 (a a 5) for text of the requested legislative change. 28 1. CONTINUED FUNDING FOR BRAG EFFORT James K Spore City Manager Background Information: Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have been partnering to address the concerns that were raised by the Base Realignment and Closure (BRAG) Commission in 2005. This partnership has involved the cost sharing of $15 million annually to purchase properties in the APZ-1 and Clear Zone areas around Naval Air Station (NAS) Oceana and in the Interfacility Traffic Area (ITA) between Oceana and the Naval Auxiliary Landing Field Fentress. The City has established a policy of spending $7.5 million per year to comply with the BRAG Order, with the expectation that the Commonwealth will provide matching funds for expenses associated with the acquisition of land in the APZ-1 and Clear Zone areas around Oceana and in the ITA. The City will keep its commitment to the military by to continuing its policy of spending $7.5 million each year to protect NAS Oceana and requests that the General Assembly provide a matching amount for FY 2011-13. Request: Request that the General Assembly provide $7.5 million in annual funding through the Military Strategic Response Fund in FY 2012-13 to the City of Virginia Beach to meet the requirements of the BRAG Compliance Plan. Providing these funds will reinforce our joint commitment and reinforce our message to the U.S. Navy that the Commonwealth and City of Virginia Beach are dedicated to preserving Naval Air Station Oceana. This positive message and the results we have achieved through the Commonwealth/City partnership will benefit not only the preservation of NAS Oceana but send a clear signal to the military about Virginia's support of all bases throughout the state. 29 APPENDIX: DRAFTS OF PROPOSED LEGISLATION -KEYED TO REQUESTED CODE CHANGE 30 LEGISLATIVE ITEM 4 AUTHORITY GRANTING THE CITY OF VIRGINIA BEACH CONCURRENT JURISDICTION WITH THE COMMONWEALTH IN IDENTIFIED WATERS OFF THE CITY SHORES ChiefJamesA. Cervera Department of Police § 29.1-747 Concurrent jurisdiction; limitations. For the purpose of local public safety regulation authority and enforcement, the territorial limits of the City of Virginia Beach shall extend from its coastal shore lines, the coastal shore lines of Camp Pendleton, the coastal shorelines of First Landing State Park and the coastal shorelines of False Cape State Park in a perpendicular direction for 3 miles into the Atlantic Ocean and Chesapeake Bay waters. This territorial jurisdiction shall be concurrent with the jurisdiction of the Commonwealth. No ordinance enacted under this authority shall conflict with the laws or regulations promulgated by the Commonwealth or any of its agencies. 31 LEGISLATIVE ITEM 8 ILLEGAL USE OF LASER POINTERS OR LIGHTS James K. Spore City Manager At the request of Naval Air Station Oceana § 18.2-57.01 Pointing laser at law-enforcement officer unlawful; pointing laser at aircraft: penalty. A. If any person, knowing or having reason to know another person is a law- enforcement officer as defined in § 1 .2- 7 a probation or parole officer appointed pursuant to § .1- 4 a correctional officer as defined in § 53.1.1. or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department engaged in the performance of his public duties as such, intentionally projects at such other person abeam or a point of light from a laser, a laser gun sight, or any device that simulates a laser, shall be guilty of a Class 2 misdemeanor. B. If any person intentionally nroj.~cts a beam or point of light from a laser a laser gun sight or anX device that simulates a laser at an aircraft or any device that results in the illumination of the aircraft whether in motion or in flight shall be guilty of a r~^c; 1 misdemeanor As used in this section "aircraft' means any contrivance intended for and capable of tran~portin,~ persons through the airspace. This section does not apply to operations or conduct authorized by the United States Armed Forces the Federal Aviation Administration or other governmental agencies. 32 LEGISLATIVE ITEM 10 SUSTAINABLE TRANSPORTATION FUNDING James K. Spore City Manager Example language for lockbox legislation related to sustainable transportation funding. § 58.1-662. Disposition of communications sales and use tax revenue; Communications Sales and Use Tax Trust Fund; localities' share. There is hereby created in the Department of the Treasury a special nonreverting fund which shall be known as the Communications Sales and Use Tax Trust Fund (the Fund). The Fund shall be established on the books of the Comptroller and any funds remaining in the Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the funds shall be credited to the Fund. 33 LEGISLATIVE ITEM 11 DISCLOSURE LIMITATION FOR UNPAID INVOICES Patricia Phillips Department of Finance § 58.1-3131. Warrant book; release of information. The treasurer shall provide and keep awell-bound book, in which he shall make an entry of all warrants legally drawn upon him by the governing body and presented for payment, stating correctly the amount, number, in whose favor drawn and the date such warrant was issued. All such warrants shall be paid, in the order presented, out of the fund drawn upon. No information contained in the list of warrants. including invoices that have been presented to a locality for payment the locality has attempted to pay and the payment has not been effective hP~anSP f failure of electronic~avment or a check was mailed and but not cashed. shall be released for any purpose except (i) that the local governing body may publish aggregated information relating to warrants paid, as classified by expenditure item, recipient, date, or disbursement, or (ii) as a means of establishing the status of a claim previously reported as having been paid when a person legally entitled to the funds presents evidence that a previously submitted claim has not been paid. In no case, however, shall the governing body of any county, city, or town publish any information that is prohibited from release under federal or state law, including but not limited to confidential records held pursuant to § 58.1-3. 34 .~ m c Q U (0 Q fd 7 O Ll. 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Wireless 911 Calls This is the number of wireless 9-1-1 calls re rted b the PSAP. Personnel Cost This is the total personnel cost for all call takers and dispatchers and one director or mans er of the Center re orted b the PSAP. This is the basis for the proposed formula. This column divides the number of wireless (Wireless / 911) "Personnel 9-1-1 calls by the total 9-1-1 calls and multiples the resultant by the total personnel cost for the PSAP. This is the impact the proposed formula distribution would have had on the actual Proposed Formula Percentage FY2011 disbursements. It is calculated by dividing the resultant of (Wireless / 911) Personnel by the statewide total for that column. FY2010 true-up data is used in this calculation. FY2011 Percentage This is the current formula distribution used from October 2010 to present. FY2010 true-u data is used for this calculation. FY2010 Percentage This is the formula distribution used from October 2009 to September 2010. FY2009 true-u data is used for this calculation. 3-Year Average Percentage This is the average of the proposed formula, FY2011 percentage and FY2010 ercenta e. Adjusted 3-yr Average Because Vinton received funding in FY2010 and wilt not going forward, this is an ' ad ustment to ensure that 100% of the funds are disbursed. Actual FY2011 Disbursement This is the actual disbursement that was made Burin FY2011. Disbursement Using Adjusted 3-yr This is what the disbursement would have been in FY2011 using the adjusted three ear avers a and the $40,000 minimum fundin . Disbursement Using Proposed Formula This is what the disbursement would have been in FY2011 using the proposed formula ercenta a and the $40,000 minimum fundin . Change from Actual to 3-yr Average This is the percent of change from the actual FY2011 disbursement and the disbursement usin the three ear averse ercenta e. ° /° Change from Actual to Proposed Formula This is the percent of change from the actual FY2011 disbursement and the disbursement usin the ro osed formula rcenta e. 4 ;, ;, F Color Meaning Cells related to the proposed formula based on FY2010 True-up Data. Cells related to the FY2011 Percentage Distribution based on FY2010 True-up Data used October 2010 to resent . Cells related to the FY2010 Percentage Distribution based on FY2009 True-up Data used October 2009 to Se tember 2010 . Cells related to the three year average of the proposed formula, FY2011 and FY2010. `~ ~ 3 Cells related to the percent change from the actual FY2011 disbursement to the ro'ected disbursement usin the three ear avers e. Cells related to the percent change from the actual FY2011 disbursement to the ro'ected disbursement usin onl the ro osed formula. 39 -59- Item V.J.S. ORDINANCES/RESOLUTIONS ITEM # 61382 E. George Minns, President -Seatack Community Civic League, 236 Shipps Lane, Phone: 575-8109, spoke in SUPPORT of the Resolution to RENAME the Seatack Community Center the "Joseph i! Grimstead, Sr. Seatack Community Recreation Center': It has been determined that Seatack is the oldest African American Community in the United States. Upon motion by Councilman Sherrod, seconded by Councilman Diezel, City Council ADOPTED: Resolution to RENAME the Seatack Community Center the "Joseph V. Grimstead, Sr. Seatack Community Recreation Center" Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Coamcil Members Voting Nay: None Council Members Absent.• None November 1, 2011 REQUESTED BY COUNCILMEMBERS SHERROD AND UHRIN 1 A RESOLUTION RENAMING THE SEATACK 2 COMMUNITY RECREATION CENTER AS "THE 3 JOSEPH V. GRIMSTEAD, SR. SEATACK 4 COMMUNITY RECREATION CENTER" 5 6 WHEREAS, two hundred years ago, the Seatack community was established 7 near the Oceanfront in what would later become the City of Virginia Beach; 8 9 WHEREAS, this historically African-American community played a vital role in 10 our City's history; 11 12 WHEREAS, around 1948, African-American community members established 13 the Seatack Volunteer Fire Department, which was the only all-black fire department in 14 the nation at the time of its formation; 15 16 WHEREAS, the Seatack Volunteer Fire Department was located at 141 South 17 Birdneck Road which, since the turn of the century, had been the site of a three-room 18 schoolhouse for African-American students grades 1 through 7, established by Seatack 19 community member Sarah Parsons Daughtry; 20 21 WHEREAS, in the 1950s, the school's trustees deeded the property to the 22 Seatack Volunteer Fire Department, and the schoolhouse was converted to a 23 community center a decade later; 24 25 WHEREAS, Joseph V. Grimstead, Sr. is one of the only surviving founding 26 members of the Seatack Volunteer Fire Department; 27 28 WHERAS, Mr. Grimstead also served as a founding director of Seatack 29 Community Property, Inc., which held the deed to the land at 141 South Birdneck Road; 30 31 WHEREAS, in 1985, Mr. Grimstead, who was then the President of Seatack 32 Community Property, Inc., signed a deed dedicating the property to the City of Virginia 33 Beach for the construction of a facility to be named "Seatack Community Center;" 34 35 WHEREAS, in 1988, the City completed construction of a new center, and in 36 1997, the City finished construction of an expanded recreation center with greater 37 amenities; 38 39 WHEREAS, but for the efforts of Mr. Grimstead, the current-day Seatack 40 Community Recreation Center might never have been built; 41 42 WHEREAS, in recognition of Mr. Grimstead's pivotal role both in the 43 establishment of the Seatack Community Recreation Center and in our City's history, in 44 this, the two hundredth year of the historic Seatack community, 45 46 47 48 49 50 51 52 53 54 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Seatack Community Recreation Center, located at 141 South Birdneck Road, is hereby renamed as the Joseph V. Grimstead, Sr. Seatack Community Recreation Center. Adopted by the City Council of the City of Virginia Beach, Virginia, this F; rG day of November , 2011. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Office CA12051 R -2 October 17, 2011 -60- Item V.J.6. ORDINANCES/RESOLUTIONS ITEM # 61383 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Resolution to SUPPORT a Transportation Enhancement Grant application for Thalia Creek Greenway, Phase IA Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 i 2 3 4 5 6 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 '~ 5 36 A RESOLUTION TO SUPPORT AN APPLICATION TO THE COMMONWEALTH TRANSPORTATION BOARD FOR A TRANSPORTATION ENHANCEMENT GRANT TC_ CONSTRUCT PHASE 1A OF THE THALIA CREEK GREENWAY WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that the Virginia Beach City Council, by resolution, support any project submitted for consideration to receive Transportation Enhancement Grant Funding; and WHEREAS, the Transportation Enhancement Fund provides funding for up to 80% of the cost of approved projects, with the City providing the remaining 20%; and WHEREAS, a source of the City's 20% share has been identified in CIP # 4-074 "City Bikeways and Trails Pfan Implementation -Phase 1;" NOV1,', THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIPGINIA BEACH, VIRGINIA: That the City Council endorses the application to the Commonwealth Transportation Board for a Transportation Enhancement Grant to construct Phase 1A of Thalia Creek Greenway Project (the "Project"). BE IT FURTHER RESOLVED Bl~' THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That, if provided grant funding for the Project, the City of Virginia Beach agrees to provide the required twenty percent of the total cost of planning and design, right of way, construction of this project, and if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach will reimburse the Virginia Department of Transportation (VDOT) for the total amount of costs expended by VDOT through the date that VDOT is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of November , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ---~ ~' .. ~ `~. far s and ~ eation .,~--.. City ey's Office C.A 12057 R-2 Gctober 13, 2011 ~`" 6~~.r -~ ~v :~ L 7 E ' ~ ~.) ~ °' ~ ° ~ a, O o - - 6 ~ 6 W ~ W :. in J ¢ ~ ~ ~.. L N f!I -~ ~ _ r ~ ;~, ~~ ~' .. ~, L I!, L ~~ I ~ O 4Y t,\ .. ~ ` 1: - 1 '`1' L `~ ~ ~ 1 a i ~,~ r _ ^~ ~~ ~ ~ ~ o L o ~ ~ ~ ~~ x- , h ,, .-~~ i ~ ,, ~ -,, ,. , ,~, , 2 ~ 4 ,. ~ 5' a~ .. y~ _, A ~, h~ ~- ~ ~ , ~ rn ~~~ I .. :- -61- Item V.J.7. ORDINANCES/RESOLUTIONS ITEM # 61384 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE Civil Penalty funds to Planning and Community Development re restoration and damage abatement Voting: 11-0 By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None November 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE CIVIL PENALTY FUNDS TO THE OPERATING BUDGET OF THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT FOR RESTORATION AND DAMAGE ABATEMENT ACTIVITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $39,658 is hereby appropriated from the fund balance of the General Fund to the FY 2011-12 Operating Budget of Planning and Community Development for restoration and damage abatement of wetlands, beaches, dunes, and Chesapeake Bay Preservation Areas within the City; and 2. That $10,600 is hereby appropriated from estimated revenue to the FY 2011-12 Operating Budget of the Department of Planning and Community Development for restoration and damage abatement of wetlands, beaches, dunes, and Chesapeake Bay Preservation Areas within the City. Adopted by the Council of the City of Virginia Beach, Virginia on the Firstday of November 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT \ 1 \ ~ !f Management Services APPROVED AS TO LEGAL SUFFICIENCY: I r s ffice CA12059 R-1 October 19, 2011 -62- Item V J. B. ORDINANCES/RESOLUTIONS ITEM # 61385 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Ordinance to TRANSFER $1,385,639 within the School's Budget to the Technology Fund: a. $943, 360 from Instruction b. $412, 279 from Administration, Attendance, and Health c. $ 30, 000 from Operations and Maintenance Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDS FROM THE SCHOOL BOARD'S FY 2011-12 OPERATING FUND TO THE SCHOOL TECHNOLOGY FUND FOR COMPUTERS AND TECHNOLOGY SUPPLIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,385,639 is hereby transferred within the FY 2011-12 School Budget in the amounts set forth below: (1) $943,360 from the Instruction Classification of the Operating Fund to the Technology Fund; (2) $412,279 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; and (3) $30,000 from the Operations and Maintenance Classification of the Operating Fund to the Technology Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the Firstday of November , 2011. APPROVED AS TO CONTENT ~~~ ~ ~ ~ ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ity r ey's Office CA12061 R-1 October 24, 2011 RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chairman District l - Centorville 1585 Lako James Drive VA Beach, VA 23464 495-3551 (h) • 717-02.59 (c) William J. "Bill" Brunke, N Vice-Chairman District 7-Princess Anne 4039 Poxwood Drive, Suite 108 Virginia Beach, VA 23462 22'1-0134 (w) • 286 2T/2 (cJ Todd C. Davidson At-large 1851 Mayberry Ddva VA Beach, VA 23456 427-3330 (w) • 2.85-9409 (c) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Bexh, VA 23452 340-8911 (h) Dorothy M. "Doltio"Holtz Af-Largo 1304 Downs Lane VA Bearh, VA 23455 46C-2440 (h) Brent N. Mckenzie District 3 -Rose Hali 1400 f?rookwrwd Place VA Beach, VA 23453 816-2736 (r;) Ashley tC McLeod At I arga 5608 Dol Park Avenue VA Beach, VA 23455 552-0348 fh) Samuel G. "Sam" Reid District 6 -Beam 1533 VA Beach Blvd. VA Beach, VA 23454 2841067 ic) Patrick 5. Salyer At-Larye 4849 liaymarkef Drive VA Beach, VA 23467 6202141 (c) Sandra Smith•Jones District 2 - Kempsville 705 Rock Creek Cour( VA Beach, VA 23462 I 490-8167 (h) Carolyn D. Weems District 4 - Bayside 142G Claudia Drive VA Beach, VA 23455 46a-6674 (h) SUPERINTENDENT James G. Merrill, Ed. D, 2512 George Mason Drive VA Bearh, VA 23456 2631007 RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICALIFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22,1-115, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools and departments have technology-related needs and requirements such as: technology contracted services, license renewals, software support and maintenance, computers, monitors, printers, computer supplies, and various other technology-related items that categoricallfund transfers are necessary to make these purchases; and WHEREAS, the following budget transfers are recommended by the School Administration: Total of $943,360 from Operating Fund 115 -Instruction to Technology Fund 106 Total of $412,279 from Operating Fund 115 -Administration to Technology Fund 106 Total of $30,000 from Operating Fund 115 -Operations and Maintenance to Technology Fund 106; and WHEREAS, these transfers are also necessary to appropriately expense and account for technology- related expenses; and WHEREAS, transfers between categorieslfunds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 181h day of October 2011 Daniel D. Edwards, School Board Chairman Attest: Dianne P. Alexander, Clerk of the Board CERTIFIED TO BE A TRUE AND COIBREGT GOF'Y Clerk, School Board of the ~I7'V nF ~/irt+inin Reach Schnol Administration Building • 2512 George Mason Drive • P.o. Box 6038 • Virginia Beach, VA 23456-0038 -63- Item Y.K. PLANNING ITEM # 61386 I.OCEANFRONT INN c% ANDREW VAKOS CONDITIONAL USE PERMIT November 1, 2011 -64- Item V.K.1. PLANNING ITEM # 61387 Correspondence from Andrew W. Vakos requested the Conditional Use Permit application be WITHDRAWN, as the applicant is not moving forward with the planned ice rink due to the cost associated with getting temporary electricity to the site. Said correspondence of November 1, 2011, is hereby made a part of the record. Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ALLOWED WITHDRAWAL, BY CONSENT: Ordinance upon Application of OCEANFRONT INN c% ANDREW VAKOS for a Conditional Use Permit re commercial recreation (ice skating at 2906 Atlantic Avenue GPIN 2428016618 (DISTRICT 6 -BEACH) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 -65- Item V-L.1 APPOINTMENTS ITEM # 61388 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD November 1, 2011 - 66 - Item V-L.2 APPOINTMENTS ITEM # 61389 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ann Ferrell Tata Unexpired term thru 12/31/2013 HISTORICAL PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 -67- Item V-L.3. APPOINTMENTS ITEM # 61390 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Rachel Bensink, Junior, Kempsville High School Unexpired term thru 06/30/2013 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 1, 2011 -68- Item V.N. ADJOURNMENT ITEM # 61391 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:53 P.M. D~ y~edr~ ~~ ----------- --------- ---- Beverly O. Hooks, CMC Chief Deputy City Clerk - ~--- - --- a2~) uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda Items adjourned at 7:04 P.M. November 1, 2011 -69- PUBLIC DIALOGUE Brad Steinberger, 524 Downey Drive, Phone: 319-9934, resident, whose property is at the intersection of the Witchduck Retention Pond and the Princess Anne Road expansion. Mr. Steinberger represented himself and the Neighborhood. The neighborhood is experiencing a tremendous amount of construction activity. Our homes have been placed in a compromising position due to this project. On June Second, the representatives of the neighborhood had a meeting with the City Planner, who basically stated, they would not be physically impacted. The contractors would be moved out within 12 to I S months of the meeting, which would have been December 2010. It has now been approximately thirty (30) months and nothing has been accomplished. The present homeowners were told if they were to rent, it should be short term (month to month) for no more than six (6) months. The homeowners were also cautioned against making any improvements. The residents were informed their area would be rezoned to "mixed use ", making the properties more valuable. The City would buy out the street with developers. In other words, the City Planner's words were not true. Two (2) homes have had parts of their land taken away by Eminent Domain. Their homes were inspected prior to the construction for the pond, and the rest of the homes were not inspected because certified letters were received after the fact concerning the pile driving. Then, the letter stated the homes would receive inspections; however, there was no sign of anyone inspecting the homes. The residents experienced massive shaking, rocking of the homes throughout this period of time. The residents were basically informed there were over three hundred piles that went into the ground eighty-five feet. These are within fifty feet of Mr. Steinberger's home. The walkway of the pond is actually twenty four feet from his house. Mr. Steinberger distributed photographs which depict these damages. There are major fractures in his foundation. Internally, doors and windows are cracked. Delegate Tata toured the property and could not understand why their homes were not "taken" in the first place. Claims were filed with EV Williams and Garbarino, the pile driving company, which entailed months. The Forensic Engineer, sent out by Garbarino, agreed the company is responsible for some of the damage to Mr. Steinberger's home. Travelers Insurance, representing EV Williams, has not responded. Ms. Logan, one of his neighbors, moved into her home in December. To this day, her home is leaning eighteen (18) inches. Mr. Steinberger has hired his own Engineers. Because of the new pond and the new pipes installed, the residents have flooding issues. The Mayor instructed the City Manager to investigate this claim and report to City Council concerning the appraised or assessed value for all five (5) properties and provide information re a Structural Engineer, as well as the level of insurance required. November 1, 2011 -68- Item V.N. ADJOURNMENT ITEM # 61391 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:53 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ___.---~ William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda Items adjourned at 7: 04 P M. November 1, 2011