HomeMy WebLinkAboutOCTOBER 22, 2013CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District a
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTFPH, At -Large
ROBERTM DYER, Centerville -District I
BARBARA M. HENLEY, Princess Anne - District 7
JOHN D.MOSS, At -Large
AMELIA ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach -- District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITYMANAGER-JAMES K. SPORE
CITY ATTORNEY- MARK D. STILES
CITYASSESSOR - IERALD D. BANAGAN
CITYAUDITOR-LYNDONS. REMIAS
CITY CLERK - R UTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
22 OCTOBER 2013
I. CITY COUNCIL BRIEFING - Conference Room -
A. 2040 VISION -TO -ACTION COMMUNICATION COALITION
Co -Chairs - John Malbon and Gary McCollum
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.cont
4:30 PM
5:30PM
V. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION - Reverend Richard Keener, Retired
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 8, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. LEASE OF CITY -OWNED PROPERTY
a. 910 Atlantic Avenue
2. PROPOSED AMENDMENT: (VDOT) FY 2013-14 Capital Budget
a. Centerville Turnpike, Phase II
b. Pedestrian and Bicycle Enhancements
I. ORDINANCES/RESOLUTIONS
1. AMEND Employee Leave Policy:
a. Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re Annual, Personal and
Sick Leave
b. Resolution to AUTHORIZE the City Manager to IMPLEMENT a new Paid Time -Off
Policy
2. Ordinance to AUTHORIZE the City Manager to EXECUTE a System of Arrears Processing
and APPROPRIATE $3,450,000 from the General Fund Balance re Conversion Pay and Costs
3. Resolutions to SUPPORT:
a. The 2014 Legislative Agenda and City Council's Goals and Objectives
b. A Strategic Plan to End Homelessness
C. FY 2014-15 Virginia Department of Transportation (VDOT) Transportation Alternatives
Program (TAP) re pedestrian and bicycle facilities
4. Ordinance to AUTHORIZE and ACCEPT a Dedication of Lake Christopher Homes
Association (HOA) property on Lynnhaven Parkway near the intersection of Stewart Drive
DISTRICT 6 - BEACH
5. Ordinance to DONATE boats (excess City property) to the Sister Cities Association of Virginia
Beach, Inc., (SCAVB) for the City of Olongapo, Philippines
6. Ordinance to GRANT a Franchise Agreement to Scrambled, Inc. re an Open Air Cafe
7. Ordinance to ACCEPT and APPROPRIATE:
a. $10 -Million State funding from the Virginia Department of Transportation (VDOT) re
Centerville Turnpike -Phase II roadway enhancements
b. $1,195,154 — Federal Emergency Management Agency (FEMA) funds re Virginia Task
Force 2 Urban Search and Rescue Team
C. $ 383,200 —Hazard Mitigation Grant Funds re Auxiliary Power Program -Sewer
Pump Stations
d. $ 176,635 —Office of the Virginia Attorney General re Crisis Intervention Team
Training
e. $ 74,960 — Edward Byrne/Juvenile Assistance Grant (JAG) re Human Services Full -
Time Clinician
f. $ 55,000 — Southern Virginia Internet Crimes Against Children (ICAC) to Police re
internet crimes against children
g. $ 45,000 — Department of Homeland Security (DHS) re electronic systems in Police
Patrol Vessels
h. $ 11,819 - Virginia Land Conservation Foundation to Planning re Conservation
Easements
$1,300,000 — Tourism Advertising Program Special Revenue re advertising and
marketing
j. $ 13,500 — Maritime Forest Trust Fund to Planning and Community Development re
Pilot Live Oak Program
J. PLANNING
1. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of
Zoning from AG-I/AG-2 Agricultural to Conditional R-51) Residential (PD -H2 Planned Unit
Development Overlay) re dwellings in the 2800 to 2900 Block of Princess Anne Road (Deferred
August 27, 2013)
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
K. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
PENDLETON PROJECT MANAGEMENT BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
APPROVAL
CITY COUNCIL/SCHOOL BOARD
JOINT MEETING
1. FIVE-YEAR FORECAST
2.2015 EMPLOYEE HEALTH CARE
TUESDA Y, NOVEMBER 19, 2013
2:30 P.M.
2014 CITY COUNCIL RETREAT
Economic Development Conference Room
8:30A.M-5:00P.M
Monday, January 6`h'
and
Tuesday, January 7 `h, 2014
2013 CITY HOLIDA YS
Veterans DqJ, - i1fonda.Y, A,"ovember 11
Thanksgiving Da.;, and Da -y after Thanksgivin.'g,
Thursday, November 28 unit Fridtq, iVoveniber 29
Christmas Eve (hatf-elt�j) - Tuesday, December 24
Christmas Dap - ff`ednesda.),, Dec -ember 25
I. CITY COUNCIL BRIEFING - Conference Room - 4:30 PM
A. 2040 VISION -TO -ACTION COMMUNICATION COALITION
Co -Chairs - John Malbon and Gary McCollum
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
C. RECESS TO CLOSED SESSION
5:30PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION - Reverend Richard Keener, Retired
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 8, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. LEASE OF CITY -OWNED PROPERTY
a. 910 Atlantic Avenue
2. PROPOSED AMENDMENT: (VDOT) FY 2013-14 Capital Budget
a. Centerville Turnpike, Phase II
b. Pedestrian and Bicycle Enhancements
PUBLIC NOTICE
LEASES OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING at 6:00 P.M.
on October 22, 2013 in the City
Council Chamber regarding the
proposed Cafe Franchise Lease of
City -owned property located at the
fallowing location:
910 Atlantic Avenue, to
Scrambled, Inc., t/a Scrambled
The purpose of the Hearing will be to
obtain public comment on the
proposed lease of City property. A
copy of the Franchise Lease
Agreement is on file in the City
Clerk's office. The City Council
Chamber is located on the second
floor of the City Hall building (Building
#1) at 2401 Courthouse Drive,
Virginia Beach, Virginia 23456. Any
questions concerning the above -
referenced franchise should be
directed to Mike Eason, SGA/Resort
Management Office, by calling (757)
385-6639.
Ruth Hodges Fraser, MMC
City Clerk
Beacon October 13 & 20, 2013
23794743
PUBLIC HEARING
AMENDMENT TO THE FY 2013.34 CAPITAL
BUDGET: Approprlatlon of $10,000,000 for
Roadway Projects
On Tuesday, October 22, 2013, at 6:00 p.m. in the City Council Chamber on
the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia
Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a
proposed amendment to the FY 2013-14 Capital Budget.
The amendment is necessary to appropriate, by ordinance or ordinances,
$10,000,000 in additional funding from the Virginia Department of
Transportation (VDOT) in the FY 2013-14 Capital Budget. Capital Project # 2-
409, "Centerville Turnpike - Phase II," will be increased by $10,000,000 frcm
VDOT to improve safety and capacity through widening, intersection
improvements, pedestrian amenities and bike improvements.
The City Council will also hear public input related to the City's application for
the VDOT Transportation Alternatives Program for pedestrian and bicycle
enhancements throughout the City.
This Hearing is open to the public and all interested citizens will have an
opportunity to be heard. Individuals desiring to provide written comments
may do so by contacting the City Clerk's Office at 385-4303. If you are
physically disabled or visually impaired and need assistance at this meeting,
please call 385-4303. Hearing impaired, TDD - 711.
Ruth Hodges Fraser, MMC
City Clerk
Beacon October 13, 2013 23796693
I. ORDINANCES/RESOLUTIONS
1. AMEND Employee Leave Policy:
a. Ordinance to AMEND Sections 2-84 and 2-119 of the City Code re Annual, Personal and
Sick Leave
b. Resolution to AUTHORIZE the City Manager to IMPLEMENT a new Paid Time -Off
Policy
2. Ordinance to AUTHORIZE the City Manager to EXECUTE a System of Arrears Processing
and APPROPRIATE $3,450,000 from the General Fund Balance re Conversion Pay and Costs
3. Resolutions to SUPPORT:
a. The 2014 Legislative Agenda and City Council's Goals and Objectives
b. A Strategic Plan to End Homelessness
C. FY 2014-15 Virginia Department of Transportation (VDOT) Transportation Alternatives
Program (TAP) re pedestrian and bicycle facilities
4. Ordinance to AUTHORIZE and ACCEPT a Dedication of Lake Christopher Homes
Association (HOA) property on Lynnhaven Parkway near the intersection of Stewart Drive
DISTRICT 6 - BEACH
5. Ordinance to DONATE boats (excess City property) to the Sister Cities Association of Virginia
Beach, Inc., (SCAVB) for the City of Olongapo, Philippines
6. Ordinance to GRANT a Franchise Agreement to Scrambled, Inc. re an Open Air Cafe
7. Ordinance to ACCEPT and APPROPRIATE:
a. $10 -Million State funding from the Virginia Department of Transportation (VDOT) re
Centerville Turnpike -Phase II roadway enhancements
b. $1,195,154 — Federal Emergency Management Agency (FEMA) funds re Virginia Task
Force 2 Urban Search and Rescue Team
C. $ 383,200 —Hazard Mitigation Grant Funds re Auxiliary Power Program -Sewer
Pump Stations
d. $ 176,635 —Office of the Virginia Attorney General re Crisis Intervention Team
Training
e. $ 74,960 — Edward Byrne/Juvenile Assistance Grant (JAG) re Human Services Full -
Time Clinician
f. $ 55,000 — Southern Virginia Internet Crimes Against Children (ICAC) to Police re
g. $ 45,000 — Department of Homeland Security (DHS) re electronic systems in Police
Patrol Vessels
h. $ 11,819- Virginia Land Conservation Foundation to Planning re Conservation
Easements
$1,300,000 — Tourism Advertising Program Special Revenue re advertising and
marketing
j. $ 13,500 — Maritime Forest Trust Fund to Planning and Community Development re
Pilot Live Oak Program
s
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Directing the City Manager to Adopt a Paid Time Off Policy and
An Ordinance to Amend Sections 2-84 and 2-119 of the City Code Pertaining to
Annual, Personal and Sick Leave
MEETING DATE: October 22, 2013
■ Background: Virginia Code Section 51.1-169 created a hybrid Virginia
retirement system plan to include a defined benefit and defined contribution component
for local government employees. All employees hired on or after January 1, 2014,
except for those eligible to receive enhanced retirement benefits in hazardous duty
positions and those hired with VRS creditable service, automatically are enrolled in the
hybrid retirement plan. Current employees other than those eligible to receive
enhanced retirement benefits in hazardous duty positions can opt into the hybrid plan
during an approximate four month opt in period in 2014. Pursuant to Virginia Code
Section 51.1-1153 the City is required to participate in the Virginia Retirement System
(VRS) Local Disability Program or to administer a comparable program. The City has
decided to participate in the VRS Local Disability Program. Due to the availability of
short term and long term disability benefits under this program, the current City leave
policies are not fitting for employees eligible for these benefits. Therefore, a separate
type of universal leave, Paid Time Off, is recommended to be provided to these
ernployees to supplement the gaps in the VRS Local Disability Program benefits.
r Considerations: City Code Sections 2-84 and 2-119 require full time employees
to be provided annual and sick leave. Accordingly, these code sections require
amendments to clarify which employees are eligible for annual and sick leave and to
add the requirement to afford Paid Time Off to employees who will be enrolled in the
hybrid retirement plan. The resolution directs staff to create and adopt a paid time off
policy with the accruals and carryover approved by City Council at the October 8, 2013
briefing and as set forth in Exhibit A attached to the Resolution. Both the resolution and
ordinance further direct that any future revisions to the paid time off policy are subject to
City Council approval.
A Public Information: City Council briefings were held on September 10, 2013
and October 8, 2013. Public information will be provided through the normal Council
agenda process.
N Attachments: Resolution, Exhibit A, and Ordinance
Recommended Action: Approval
Submitting Dep rtment: Human Resources
City Manager:
L(
V
1
1 AN ORDINANCE TO AMEND SECTIONS 2-84
2 AND 2-119 OF THE CITY CODE
3 PERTAINING TO ANNUAL, PERSONAL AND
4 SICK LEAVE
5
6 SECTIONS AMENDED: § 2-84 AND 2-119
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Sections 2-84 and 2-119 of the Code of the City of Virginia Beach, Virginia,
12 are hereby amended and reordained to read as follows:
13 Sec. 2-84. Annual and personal leave—Schedule of earning.
14 With the eXGeptffiGR of employees of the SGhool boaFd, a -All full-time City of Virginia
15 Beach employees hired before January 1, 2014 who have not opted to participate in the
16 hybrid retirement plan all employees eligible to receive enhanced retirement benefits in
17 hazardous duty positions; all employees hired on or after January 1 2014 with Virginia
18 Retirement System creditable service, and all part-time employees hired prior to July 1,
19 1996, shall earn annual leave and, with supervisory approval, may utilize annual leave
20 upon accrual as follows:
21 (1) All full-time employees or appointees who work thirty even and one half (37-1-4)
22 forty (40) or more hours per workweek, excluding firefighters assigned to fifty -
23 six (56) hours per workweek positions, shall be credited with:
24 (a) Eight (8) hours per month for each month of employment for employees
25 having accrued the equivalent of less than five (5) years of full-time
26 employment.
27 (b) Ten (10) hours per month for each month of employment for employees
28 having accrued the equivalent of five (5) or more years, but less than ten
29 (10) years, of full-time employment.
30 (c) Twelve (12) hours per month for each month of employment for employees
31 having accrued the equivalent of ten (10) or more years, but less than
32 fifteen (15) years, of full-time employment.
33 (d) Fourteen (14) hours per month for each month of employment for
34 employees having accrued the equivalent of fifteen (15) or more years, but
35 less than twenty (20) years, of full-time employment.
36 (e) Sixteen (16) hours per month for each month of employment for employees
37 having accrued the equivalent of twenty (20) or more years of full-time
38 employment.
39 (2) All firefighters assigned to 56 -hour -per -workweek positions shall be credited
40 with:
41 (a) Eleven and two-tenths (11.2) hours per month for each month of
42 employment for employees having accrued the equivalent of less than five
43 (5) years of full-time employment.
44 (b) Fourteen (14) hours per month for each month of employment for
45 employees having accrued the equivalent of five (5) or more years, but less
46 than ten (10) years, of full-time employment.
47 (c) Sixteen and eight -tenths (16.8) hours per month for each month of
48 employment for employees having accrued the equivalent of ten (10) or
49 more years, but less than fifteen (15) years, of full-time employment.
50 (d) Nineteen and six -tenths (19.6) hours per month for each month of
51 employment for employees having accrued the equivalent of fifteen (15) or
52 more years, but less than twenty (20) years, of full-time employment.
53
(e) Twenty-two and four -tenths (22.4) hours per month for each month of
54
employment for employees having accrued the equivalent of twenty (20)
55
years or more of full-time employment.
56
(3)
Part-time employees employed prior to July 1, 1996, shall continue to be
57
credited with annual leave on a basis proportionate to that awarded full-time
58
employees as set forth in subsection (1) above. Part-time employees employed
59
on or after July 1, 1996, will accrue a maximum of eight (8) hours of personal
60
leave per month prorated based on the number of hours worked; provided,
61
however, that the provisions of subsection (1) above shall not be applicable to
62
part-time employees. Part-time employees who have worked the equivalent of
63
six (6) calendar months may utilize accrued personal leave, with supervisory
64
approval.
65
(4)
Records shall be kept within each department of the annual leave accumulated
66
and taken by each employee within such department; and at the end of each
67
calendar month, a leave report shall be submitted to the department of human
68
resources.
69
(5)
Under no circumstances shall annual leave be granted in advance of its accrual
70
or paid in lump sum except upon termination of employment.
71
(6)
When an employee is in a nonpay status for portions of a calendar month, then
72
annual leave accrual for such month shall be reduced accordingly by the
73
director of human resources to reflect the employee's nonpay status.
74
(7)
All full-time City of Virginia Beach employees hired on or after January 1, 2014,
75
with the exception of employees eligible for enhanced retirement benefits in
76
hazardous duty positions and employees hired with Virginia Retirement Service
77
creditable service and employees hired before January 1, 2014 who have
78
opted to participate in the hybrid retirement plan shall receive paid time off in
79
lieu of annual leave as set forth in the applicable City of Virginia Beach Human
80
Resources policy. Any and all future changes to paid time off shall be subject
81
to City Council approval.
82
....
83 Sec. 2-119. Sick leave.
84 (a) Sick leave shall be defined as leave with pay granted to an employee during periods
85 of personal illness, temporary disability (including maternity), medically required
86 confinement, and medical and dental office appointments.
87 (b) All full-time City of Virginia Beach refit employees and
88 appointees hired prior to January 1 2014 who have not opted to participate in the
89 hybrid retirement plan all employees eligible to receive enhanced retirement
90 benefits in hazardous duty positions, and employees hired on or after January 1,
91 2014 who have Virginia Retirement System creditable service shall be eligible to
92 receive sick leave based on the following provisions:
93 (1) Sick leave shall be credited at the rate of eight (8) hours per month of
94 employment with the city. A proportionate number of hours shall be awarded for
95 a partial month's work. Employees shall be allowed to accrue an unlimited
96 number of sick leave hours.
97 (2) The department head may at any time require the employee to provide written
98 medical documentation of his illness.
99 (3) All employees eligible to accrue sick leave who were employed prior to the
100 effective date of this section shall begin the sick leave system with a "beginning
101 balance" of available sick leave hours.
102 (4) An employee's "beginning balance" shall be determined by subtracting the
103 hours of sick leave used by such employee prior to the effective date of this
104 section from those hours which would have been earned under the provisions
105 of this section had it been in effect since January 1, 1963. In the event that
106 records which are necessary to compute an employee's "beginning balance"
107 are unavailable, it shall be assumed that each employee earned four (4) hours
108 of sick leave for every month that said record are unavailable.
109 (5) The "beginning balance" of sick leave hours available for use by an employee
110 as of the effective date hereof shall be noted in the employee's personnel file.
111 However, those employees with a negative "beginning balance" shall begin with
112 a balance of zero sick leave hours.
113 (6) Firefighters assigned to fifty-six (56) hour per workweek positions shall be
114 credited with sick leave at a rate of eleven and twc-tenths (11.2) hours per
115 month.
116 (7) An employee's sick leave balance shall revert to a zero balance upon the
117 change in number of hours from full-time status to part-time status.
118 (8) Employees in an approved extended sick leave status (more than five (5)
119 working days) on January 1, 1986, shall remain under the provisions of the
120 city's current sick leave policy until their return to work. Upon the employee's
121 return to work, his or her beginning sick leave balance would be calculated as
122 specified in paragraph (4) above.
123 (c) Part-time employees shall not be eligible to receive sick leave.
124
125 (d) All City of Virginia Beach full-time employees hired on or after January 1, 2014 with
126 the exception of employees eligible for enhanced retirement benefits in hazardous duty
127 positions and who are hired with Virginia Retirement System creditable service, and all
128 full-time employees hired after January 1 2014 and full-time employees hired before
129 January 1 2014 who have opted to participate in the hybrid retirement plan, shall not be
130 eligible to receive sick leave and shall receive paid time off in lieu of sick leave as set
131 forth in the applicable City of Virginia Beach Human Resources policy. Any and all
132 future changes to paid time off shall be subject to City Council approval.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2013.
APPROVED AS TO CONTENT:
Human Resources
CA12734
R-5
October14, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
Ivan V14,4- A W�
City At rney's Office
1 A RESOLUTION DIRECTING THE CITY MANAGER TO ADOPT
2 A PAID TIME OFF HUMAN RESOURCES POLICY
3
4 WHEREAS, the City provides annual and sick leave to current full-time City
5 employees;
6
7 WHEREAS, employees hired on or after January 1, 2014, with the exception of
8 employees eligible for enhanced retirement benefits in hazardous duty positions, those hired
9 with VRS creditable service, and current full-time employees who opt to participate in the
10 Virginia Retirement System hybrid retirement plan will be eligible for short term and long term
11 disability benefits under the Virginia Local Disability Program;
12
13 WHEREAS, it is the desire of the City Council to provide leave to employees eligible
14 for benefits under the Virginia Local Disability Program to supplement the gaps in those
15 offerings;
16
17 WHEREAS, City staff has recommended implementation of a paid time off policy with
18 the accrual and carryover of leave in accordance with Exhibit A attached hereto; and
19
20 WHERE.—AS, City Council, as recommended by City staff, supports the implementation
21 of a paid time off policy for the employees eligible for benefits in the Virginia Local Disability
22 Program.
23
24 N004. Tr-iI=REFORE, BE IT RESOLVED BY THE COUNCIL.. OF THE: CITY OF
25 VIRGINIA. r3EX� -I, V11F,GINIA:
26
27 1. The Cite Manager is hereby directed to adopt a paid time cuff policy applicable to all
28 fell -9—nployees hired after January 1, 2014, with the exception of employees
29 oligl'tlo or enhanced retirement benefits in hazardous duty positions, those hired
30 with VRS creditable service, and employees hired before January 1, 2014 who opt
31 to participate in the hybrid retirement plan.
32 2. The City Manager is further hereby directed that the paid time off policy include
33 accrual and carryover of leave as set forth in Exhibit A attached hereto.
34 3. The City Manager is further hereby directed that any future changes to the paid
35 tirne off policy is subject to City Council approval.
Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of
2013.
APPRQyED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Human Resources City Att ney's Office
CA12734 R-2 October 11, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Authorize the City Manager to Implement a System of Arrears
Processing for the City's Payroll Operations and to Appropriate $3,450,000 from
Fund Balance of the General Fund for Conversion Pay and Costs Associated
with the Transition to Arrears
MEETING DATE: October 22, 2013
■ Background: Payroll payments amount to over $400 million annually including
base salary, overtime, shift pay, standby pay, and special supplements. Over 237,000
disbursements are made annually. There are multiple risks due to the complexity of
different pay structures and federal work rules as well as nonstandard pay processes
and systems. The City currently pays its employees on a semi-monthly basis (24
payments), and the payments reflect "current pay" meaning that pay is projected up to
and including the date of the payment. Due to payroll processing schedules, the payroll
cutoff date is approximately nine days prior to the pay date. As a result, pay is based
on projected, not actual, time for those nine days. A significant number of payroll
adjustments (63,000/year) are attributed to after -the -fact corrections to change
projected pay amounts. The effectiveness of the InSITE application is severely
degraded while processing these changes, with the potential risk of payroll failure. A
payroll best practice and industry standard is to pay in arrears, which reduces errors
and reduces the risk of payroll failure. To cover the nine days where employee pay
would be short in the pay period identified for the transition to arrears, employees will be
paid a one-time conversion payment to keep their pay "whole" and to hold the employee
harmless of the decision to convert to an arrears payroll.
■ Considerations: The cost of conversion pay is $5.8 million for the General Fund
and $1.3 million for the various enterprise and special revenue funds. To uphold
accounting standards, this cost must be expensed in the year of implementation. While
$3 million will be appropriated from the General Fund Balance, the remainder of the
costs will be from existing FY 14 appropriations. It is estimated that $450,000 is needed
for project management, development and implementation costs associated with
updating and configuring the InSITE application for an arrears payroll.
■ Public Information: Briefings were provided to City Council on April 30, 2013;
October 1, 2013; and October 8, 2013. This item will be advertised through the normal
Council agenda process
■ Alternatives: In addition to the alternative of paying employees conversion pay,
other alternatives included: treating the nine days as a no -interest loan, paying
employees for six days only, placing only new hires in arrears, and incrementally
moving the pay date one day at a time until nine days in arrears is achieved. Decision
criteria included conforming to best practices, holding employees harmless, reducing
the risk of payroll failure, and complying with accounting standards. Only the
conversion pay alternative met all criteria.
■ Recommendations: It is recommended that City Council approve the ordinance
for the funding to pay employees conversion pay and to implement system changes to
convert to an arrears payroll.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Finance A
City Manager: , k 1441- C t �Cy�
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO IMPLEMENT A SYSTEM OF ARREARS
3 PROCESSING FOR THE CITY'S PAYROLL
4 OPERATIONS AND TO APPROPRIATE $3,450,000
5 FROM FUND BALANCE OF THE GENERAL FUND FOR
6 CONVERSION PAY AND COSTS ASSOCIATED WITH
7 THE TRANSITION TO ARREARS
8
9 WHEREAS, a system of arrears is a best practice for processing payroll
10 operations;
11
12 WHEREAS, the City Council finds that a conversion to a system of arrears
13 payroll will provide both a short-term and a long-term benefit in reducing payroll
14 adjustments and aligning the City's payroll practice with its payroll application (InSITE);
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA, THAT
18
19 1. The City Manager is hereby authorized and directed to implement a system of
20 arrears payroll wherein the arrears period is equal to nine days; and
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22 2. To implement the system of arrears payroll, the City Manager is authorized to
23 provide a one-time conversion pay that is equal to nine days of salary and
24 fringe benefits, which totals $7,100,000; and
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26 3. All employees hired after the City transitions to arrears payroll shall be placed
27 in a payroll system that is nine days in arrears; and
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29 4. $3,450,000 is hereby appropriated, with revenue from the fund balance of the
30 General Fund increased accordingly, for the following:
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32 a. $3,000,000 to create a Reserve for Conversion Pay; and
33 b. $450,000 to CIP #3-662, "CIT — Enterprise Business Suite Applications,"
34 for project management, development, and implementation costs
35 associated with updating and configuring the InSITE application for
36 arrears payroll; and
37 c. The remaining $4,100,000 is available within existing appropriations of the
38 FY 2013-14 Operating Budget; and
39
40 5. The payment of the nine -day arrearage created by this ordinance shall be
41 paid from various departmental payroll accounts with the City Manager
42 authorized to transfer funds as needed from the Reserve for Conversion Pay
43 to departments to ensure sufficient funds for the conversion to arrears, and
44 such authorization shall continue for Fiscal Year 2013-14 through budget
tH
45 closeout on or about August 15
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of .2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
F nance Department
APPROVED AS TO LEGAL
CA12811
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October 9, 2013
APPROVED AS TO CONTENT:
Budget and Management Service
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it ''Mn
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adopting the City's 2014 Legislative Agenda
MEETING DATE: October 22, 2013
■ Background: City Council has a tradition of presenting a Legislative Agenda to
the General Assembly each year. This Agenda provides the Virginia Beach General
Assembly delegation with positions of the City Council on funding, legislation, public
safety, and other issues that may be brought before the General Assembly.
■ Considerations: This Agenda was prepared based on input from Council
Members, Department Directors, and City Council boards and commissions.
■ Public Information: A discussion was held with City Council on September 24,
2013. A public hearing was held on October 8, 2013 in Council Chambers.
■ Attachments: Resolution and 2014 Legislative Agenda.
Requested by City Council
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A RESOLUTION ADOPTING THE CITY'S 2014
LEGISLATIVE AGENDA
WHEREAS, the City Council traditionally adopts a Legislative Agenda and
requests members of the City's local delegation to the General Assembly sponsor
and/or support legislation therein; and
WHEREAS, the City Council has considered a number of goals and objectives
for inclusion in the City's 2014 Legislative Agenda.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby adopts the City's 2014 Legislative Agenda, which is
attached hereto as Exhibit A and is hereby incorporated by reference.
BE IT FURTHER RESOLVED BY THE COUNCIL OF rHE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City's Delegation to the General Assembly is hereby requested to
sponsor and/or support legislation in the 2014 Session of the General Assembly that
would carry out the goals and objectives of the City as set forth in its Legislative
Agenda.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmit a copy of this resolution to each
member of the City's local Delegation to the General Assembly.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2013.
APPROVED TO CONTENT:
1 I�
CA12791
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September 23, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
LEGISLATIVE AGENDA
GENERAL ASSEMBLY
SESSION 2014
OCTOBER 22, 2013
CITY COUNCIL MEETING
Adopted: October 22, 2013
2
The 2014 session of the General Assembly will be another opportunity for the elected leaders of the
Commonwealth to address long-term issues and opportunities for our great state. With a new Governor,
Lieutenant Governor, Attorney General, and turnover in the House and Senate, there will be new
dynamics at play. Virginia Beach will have at least four new members in its eleven member General
Assembly Delegation with the retirements of Delegates Iaquinto, Purkey, and Tata. Former Delegate
Cosgrove has been elected to replace retiring Senator Henry Blevins.
The General Assembly in the past several years has had notable successes. This includes addressing a
portion of the unfunded liability for the Virginia Retirement System (VRS). These changes will assist in
making the VRS more financially viable in the out years with a smaller impact over the short-term. The
General Assembly has an approximately $600 million "loan" to pay back to the VRS fund for monies
transferred during the Great Recession.
The General Assembly is to be congratulated for the work completed on a long-term sustainable source
of funding for transportation. The new sources of revenue at the state level and the new revenue sources
for the Hampton Roads and the Northern Virginia regions are very much appreciated. However, the
Hampton Roads Transportation Planning Organization (HRTPO) is now in the process of prioritizing
the use of these funds at the regional level and it is obvious that even with an expected $200 million
annually in new revenue, tolls will have to be part of the equation. Furthermore, many of the projects to
be addressed in order to promote the timely movement of people, goods, and services, may not be
addressed for a period of years due to their exceptionally high cost. It is also clear there will be limited
revenue to localities like Virginia Beach to replace the urban funding for city arterials such as First
Colonial, Laskin Road, Salem Road, Elbow Road, etc. The City was receiving over $30 million a year
at the end of the last decade in urban funding and now receives zero. We do not expect to receive any
urban allocation until 2017 when $30 million will be available on a statewide basis. The City will
obviously have to continue to spend local resources to address these roads, which have regional
significance and are vital to public safety and economic development.
The City is also reaching a milestone with the Commonwealth in that FY15 will be the last year that we
will request funding for our Base Realignment and Closure (BRAC) Response Program. Due to this
partnership, we have expended more than $ 105 million since 2007 on properties identified in the
Accident Potential Zone (APZ), Clear Zone, Interfacility Traffic Area (ITA), and other areas of high
priority to the Navy. During the BRAC process in 2005, which became the benchmark for funding,
there was an additional $15 million spent. With the combined efforts of Governor McDonnell, Mayor
Sessoms, and Admiral Harvey, former Commander of the U.S. Fleet Forces, there was an agreement
reached with the Chairmen of the House Appropriations and Senate Finance Committee several years
ago. This agreement stated that the City would request funding from the Commonwealth through the
3
next BRAC or FY15 whichever occurred first. The City is also facing the reality of a decreasing
number of willing sellers. Further, the City recognizes that property in and around Fentress Auxiliary
Field in Chesapeake is vital and should be protected from encroachment in an effort to support the
mission of Naval Air Station (NAS) Oceana. Thus, the item proposed in our legislative agenda requests
the General Assembly appropriate funds, if available, to Chesapeake for the Fentress encroachment
reduction and prevention efforts.
Finally, there is the issue of education funding. During the Great Recession, spanning several years, the
state has reduced general fund support to education. The City Council has maintained and increased
education funding throughout this time. Whereas the Governor proudly mentioned that the net general
fund from 2007 through 2013 had only grown 0.03%, education funding in Virginia Beach has grown by
$22.3 million during the same timeframe, which equates to a 6.1% overall growth rate and requiring 4.7
cents on the real estate tax rate. Education funding needs to be increased for the Commonwealth.
Also, as proposed, the General Assembly needs to address its liability for a portion of the teacher's
unfunded Virginia Retirement System (VRS). Unless the General Assembly appropriately identifies a
portion of this unfunded liability as its own, it is possible that localities, such as Virginia Beach, could
have its bond rating reduced going forward due to new accounting rules by the Government Accounting
Standards Board (GASB).
City Council wishes the very best for our General Assembly in the upcoming year and we welcome the
new members to represent our great city.
CONTENTS
a
CITY OF VIRGINIA BEACH -GENERAL ASSEMBLY DELEGATION A
SECTIO1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS
ski
1. POST LABOR DAY OPENING FOR SCHOOLS
2
Sponsored by the Virginia Beach City Council
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
3
Sponsored by the Virginia Beach City Council via
Virginia Beach Human Rights Commission
3. MORATORIUM ON URANIUM MINING
4
Sponsored by the Virginia Beach City Council
4. MEDICAID EXPANSION POSITION
5
Sponsored by the Virginia Beach City Council
5. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAC) EFFORT
8
Sponsored by the Virginia Beach City Council
6. INCREASED FUNDING FOR MENTAL HEALTHCARE
11
Sponsored by the Virginia Beach City Council
7. COMMONWEALTH TRANSPORTATION BOARD APPOINTMENTS 13
Sponsored by Mayor William D. Sessoms, Jr.
8. JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION (JLARC) REVIEW OF THE EQUITY
OF TRANSPORTATION FUNDING 17
Sponsored by Mayor William D. Sessoms, Jr.
9. STATE MAINTENANCE OF TOLLED ROADWAY PROJECTS 18
Sponsored by Mayor William D. Sessoms, Jr.
10. PRESERVATION OF PRIVATE RIPARIANILITTORAL RIGHTS 19
(TITLE 28.2)
Sponsored by Council Member James L. Wood
11. GOVERNMENT ACCOUNTING STANDARDS BOARD
REQUIREMENT
Sponsored by Council Member Rosemary Wilson
21
4
12. REAL ESTATE TAX RELIEF — MILITARY AVIATION MUSEUM 23
Sponsored by Council Member Barbara Henley
13. RECURRENT COASTAL FLOODING
Sponsored by OD\RU William D. Sessoms, Jr.
24
CITY OF VIRGINIA BEACH- CITY COUNCIL
Mayor William D. Sessoms, Jr. Vice
Mayor Louis R. Jones - Bayside
Glenn R. Davis - Rose Hall
Bill R. DeSteph - At Large
Amelia N. Ross -Hammond - Kempsville
Bob Dyer - Centerville Barbara M.
Henley - Princess Anne John D.
Moss - At Large
John E. E. Uhrin - Beach
Rosemary Wilson - At Large
James L. Wood - Lynnhaven
CITY OF VIRGINIA BEACH— GENERAL ASSEMBLY DELEGATION
Senator John A. Cosgrove — Senate District 14
Delegate Algie T Howell, Jr. — House District 90
TBD — House District 84
Delegate Barry D. Knight — House District 81
Senator Jeffrey L. McWaters — Senate District 8
Senator Ralph S. Northam — Senate District 6
TBD — House District 82
Delegate Christopher P Stolle — House District 83
TBD — House District 85
Delegate Ronald A. Villaneuva — House District 21
Senator Frank W. Wagner — Senator District 7
SECTIONOF VIRGINIA BEACH LON
TERM POLICY POSITIONS I
D
1. POST LABOR DAY OPENING FOR SCHOOLS
Background Information:
Legislative Agenda
General Assembly Session 2014 1
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
The total spending from the tourism industry in Virginia Beach for calendar year 2012 was $1.284
billion, stimulating 12,025 jobs. Starting schools in Virginia Beach and other localities in the
Commonwealth prior to Labor Day would have significant financial consequences on the tourism
industry in the long term. Beginning schools prior to Labor Day would effectively reduce the
available vacation time in August by two weeks, which is prime family vacation time that cannot
be replaced. If the Virginia Beach school system begins before Labor Day and other localities
follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a
lesser extent, this will also have an impact on this industry by affecting the labor pool available
prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor Day
opening of schools. This allows all schools to open after Labor Day except those given exemptions
by the State Board of Education.
0
Legislative Agenda
General Assembly Session 2014 1
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA
VIRGINIA BEACH HUMAN RIGHTS COMMISSION
Background Information:
The Virginia Human Rights Act CVa. 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.
3. MORATORIUM ON URANIUM MINING
Background Information:
Legislative Agenda
General Assembly Session 2014 1'
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable
ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir,
which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach,
and indirectly to most of southside Hampton Roads. A study prepared by the National Academy of
Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for
contamination, that limited data exist to confirm the long-term effectiveness of those disposal
cells, and that extreme natural events combined with human errors have the potential to lead to
the release of contaminants. The NAS study concludes that Virginia has no experience with
uranium mining, that the federal government has little or no experience with wet climates and
extreme precipitation events, and that there are gaps in legal and regulatory coverage for uranium
mining and steep hurdles to be overcome before mining could be established in Virginia within a
regulatory framework that is protective of health, safety, and the environment.
The City contracted with nationally prominent experts to prepare a study of the downstream
water quality impacts that would occur from a hypothetical, catastrophic breach of an above -
grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an
assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and
federal regulatory levels for up to two months during wet years and six to sixteen months during
dry years. The only practical response during this time would be to shut down the Lake Gaston
project. Depending upon the weather, this could have significant consequences to all of southside
Hampton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach.
The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning
District Commission have all passed resolutions opposing uranium mining in Virginia and lifting
the legislative moratorium on uranium mining.
Request:
The General Assembly of Virginia is requested to maintain the existing moratorium on uranium
mining in Virginia.
4. MEDICAID EXPANSION POSITION
Legislative Agenda
General Assembly Session 2014 15
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
***Please find attached a resolution adopted by City Council***
Legislative Agenda
General Assembly Session 2014 16
1 A RESOLUTION REQUESTING THAT THE GENERAL
2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT
3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY
4 THE AFFORDABLE CARE ACT
5
6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care
7 Act") is a 2010 federal law which, among other things, expands the availability of health
8 care through an expansion of Medicaid;
9
10 WHEREAS, as a result of the United States Supreme Court's decision in a case
11 in which it upheld the constitutionality of the Affordable Care Act, states now have the
12 option to chose whether to accept and implement the Act's Medicaid expansion;
13
14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new
15 income eligibility criterion of 133% of the federal poverty level and provides 100%
16 federal funding for the expansion in the first three years, after which time the federal
17 funding will be reduced to no less than 90% of the cost;
18
19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal
20 dollars which will flow into the state, and Medicaid expansion will not only provide
21 citizens with greater access to health care but will also support the state's heath care
22 industry, employment, and Virginia's overall economy;
23
24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid
25 benefits, 51,730 additional adult City residents who are under the age of 65 remain
26 uninsured;
27
28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will b
29 eligible for Medicaid expansion under the federal law, including a significant number of
30 single persons and couples with incomes between $15,415 and $20,879, as -well as
31 certain families (depending on family size) with incomes up to $53,668;
32
33 WHEREAS, a significant number of uninsured Virginia Beach residents who
34 suffer from mental health or substance abuse disorders will be eligible for health care
35 coverage through Medicaid expansion; and
36
37 WHEREAS, the expansion of Medicaid will increase local employment in medical
38 services and other supportive health care industries {especially technology);
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
41 VIRGINIA BEACH, VIRGINIA:
42
Legislature Agenda
GeneralAssembly Session 2014 17
43 That the City Council requests that the Governor and the General Assembly take
44 the steps necessary to accept and implement in the Commonwealth of Virginia the full
45 Medicaid expansion as provided by the Affordable Care Act.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this i lth
day of December . 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
City age ee
CA12482
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December 5, 2012
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Legislative Agenda
General Assembly Session 2014
5. CONTINUED FUNDING FOR BASE REALIGNMENT AND
CLOSURE (BRAC) EFFORT
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have been
partnering to address the concerns that were raised by the Base Realignment and Closure (BRAC)
Commission in 2005. This partnership has involved the cost sharing of $15 million annually to
purchase properties in the APZ-1 and Clear Zone areas around Naval Air Station (NAS) Oceana and
in the Interfacility Traffic Area (ITA) between Oceana and the Naval Auxiliary Landing Field
Fentress. The City has established a policy of spending $7.5 million per year to comply with the
BRAC Order, with the expectation that the Commonwealth will provide matching funds for
expenses associated with the acquisition of land in the APZ-1 and Clear Zone areas around Oceana
and in the ITA.
The City will keep its commitment to the military by continuing its policy of matching dollar for
dollar the state appropriation to protect NAS Oceana and requests that the General Assembly
provide an amount of $5 million for FY 2015.
Request:
We request that the General Assembly provide $5 million in funding through the Military Strategic
Response Fund in FY 2015 to the City of Virginia Beach to meet the requirements of the BRAC
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.
This is expected to be the last year that the City requests state funding. This is in keeping with the
agreement proposed by former Fleet Forces Commander, Admiral John Harvey, that the
partnership efforts continue until the next BRAC process or FY 2015, whichever came first. The
City also strongly encourages state matching dollar support to the City of Chesapeake as it
attempts to address encroachment around Fentress Airfield.
�u Legislative Agenda
General Assembly Session 2014
Requested Budget Language:
Item 459.05: Secretary of Veterans Affairs and Homeland Security
A. In accordance with Chapter 653 of the 2008 Virginia Acts of Assembly, this item includes
$7.5 million from the general fund each year, representing the Commonwealth's
contribution to addressing the encroachment upon the United States Navy Master Jet Base
located at Naval Air Station Oceana in Virginia Beach and Naval Auxiliary Landing Field
Fentress in Chesapeake. The amount provided by the Commonwealth shall only be used
for expenditures made to (1) purchase property and development rights to remove or
prevent incompatible uses in the areas described in Chapter 653 and within the AICUZ
around Fentress Field in Chesapeake, (2) demolish incompatible use improvements in such
areas, and (3) to otherwise convert such property to an appropriate compatible use and to
prohibit new uses or development deemed incompatible with air operations at the bases.
Of the total amount provided by the Commonwealth, the City of Virginia Beach shall be
allocated $5,000,000 and the City of Chesapeake shall be allocated $2,500,000. Should
either the City of Virginia Beach or the City of Chesapeake advise the Secretary of Veterans
Affairs and Homeland Security that they will be unable to fully use its allocated amount
during the term of the grant, then the portion that will not be used may be distributed to
the other locality upon application to the Secretary of Veterans Affairs and Homeland
Security.
B. The Secretary of Veterans Affairs and Homeland Security shall develop an annual grant
application which shall include, at a minimum, requirements for the Grantee to (1) report
expenditures each quarter, (2) retain all invoices, bills, receipts, cancelled checks, proof of
payment and similar documentation to substantiate expenditures of grant funding, (3)
provide a 50 percent cash match from non -state funds, (4) return excess state grant
funding within thirty (30) days after the term of the grant expires, and (5) return to the
Commonwealth half of all proceeds received by the grantee during the grant term from the
sale of any properties acquired using grant funds pursuant to Chapter 653 of the 2008 Acts
of Assembly or Chapter 266 of the 2006 Virginia Acts of Assembly.
C. 1. Prior to the distribution of any funds, any Grantee seeking funding under this Item shall
submit a grant application to the Secretary of Veterans Affairs and Homeland Security for
consideration.
2. Payments to Grantees shall be made in equal quarterly installments. After the initial
payment, the Secretary of Veterans Affairs and Homeland Security shall make additional
quarterly payments to the Grantee based on the quarterly expenditure reports. In making
subsequent payments, the Secretary shall ensure the Grantee's match funding is being
expensed at the appropriate rate and limit surplus state funding at the local level by
withholding quarterly payments as necessary.
3. The Secretary may approve a request by the Grantee for additional state funding in a
particular quarterly payment if supporting documentation is provided.
D
Legislative Agenda
General Assembly Session 2014
4. The Secretary shall allow the term of the FY 2014 grant to extend until June 30, 2015 and
the FY 2015 grant to extend until June 30, 2016, to allow time to finalize transactions,
demolish structures and achieve program goals.
D. The Commonwealth shall have the right to make inspections and copies of the books and
records of the Grantee at any time. The Grantee shall undergo an audit for the grant period
and provide a copy of the audit report to the Secretary.
Legislative Agenda
General Assembly Session 2014
6. INCREASED FUNDING FOR MENTAL HEALTHCARE
SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL
Background Information:
People with serious mental illness, as well as their loved ones, face a crisis when it comes to
accessing services they need. From FY 2009 to FY 2013, Virginia cut an overall total of $37.7
million, or 8.9%, from mental healthcare funding, and approved reductions in Medicaid rates for
certain critical behavioral health services. Decades of neglect to the mental health system, plus an
increased need from people who are uninsured, underinsured, or facing economic hardship, have
exacerbated the problem. Additionally, an epidemic of post-traumatic stress disorder and other
mental health issues plagues our returning combat veterans, leading to an unprecedented increase
in service member suicides. An estimated one-third of homeless men in the United States are
military veterans, including wounded warriors of current and previous conflicts, and a substantial
number of those homeless vets are in need of mental health services. According to the Virginia
Department of Behavioral Health and Development Services, nearly 4,500 Virginians are waiting
to receive community-based services for mental health. The well-being of families and our
community is seriously threatened by the failure of those in need to receive timely and effective
mental healthcare.
Request:
The City requests that the General Assembly provide meaningful increases to funding for mental
healthcare services and housing.
Legislative Agenda
General Assembly Session 2014 112'
SECTION 1.2 - CITY OF VIRGINIA BEACH NEW
POLICY/CODE INITIATIVES
Legislative Agenda
General Assembly Session 2014
Commonwealth Tratisportatio�� Board
Appointments
Congressional Districts - 2010
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Legislative Agenda
General Assembly Session 2014
Commonwealth Transportation Board
Appointments
VDOT Construction Districts
j
Legislative Agenda
General Assembly Session 2014
7. COMMONWEALTH TRANSPORTATION BOARD APPOINTMENTS
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
Currently, the Commonwealth Transportation Board is primarily composed of members from the
construction districts across the Commonwealth. Hampton Roads is a district; Richmond and
other areas are also districts. In the late 1920's, the construction districts were formulated and do
not accurately represent the current population. As presently designated, these districts reflect
areas where VDOT once had centralized operations plus the northern Virginia District. Since that
time, the Commonwealth's population has coalesced along the I-95/1-64 corridor and the I -66/I-
81 corridor. The construction districts and the representation on the Commonwealth
Transportation Board do not correlate with where the majority of the people in the
Commonwealth live.
Request:
The General Assembly is requested to amend the Code of Virginia to have the Commonwealth
Transportation Board primarily selected by one representative from each Congressional district
and retain the current At -Large members. For instance, in Hampton Roads, this would include
four members representing the 1st, 2nd, 3rd, and 4th Congressional Districts plus At -Large
members residing in that region. Congressman Bobby Scott represents the 3rd District, which
consists of the I-64 Corridor and southeast Virginia. Congressman Rob Wittman represents the
1st District, which is the I-64 Corridor and Route 17through to Fredericksburg. Congressman
Scott Rigell represents the 2nd District, which includes the Eastern Shore, all of Virginia Beach,
and parts of Norfolk and Hampton. Congressman Randy Forbes represents the 4th District, which
consists of Chesapeake, the Route 58 and the Route 460 Corridor. Having the representation
aligned with the Commonwealth's population is the most equitable way for Commonwealth
Transportation Board to prioritize funds and programs for the Commonwealth.
B
Legislative Agenda
General Assembly Session 2014
Commonwealth Transportation Board (CTB) Membership
Current Proposed
Commissioner of Transportation
Commissioner of Transportation
Director - Department of Rail and Public
Director - Department of Rail and Public
Transportation - Non -Voting Member
Transportation - Non -Voting Member
District Representatives based on 1920's
Members from equally populated
Construction Districts including Northern
Congressional Districts
Virginia
3 At -Large Urban
3 At -Large Urban
2 At -Large Rural
2 At -Large Rural
17 Members
19 Members
*** Attached Maps - Voting Districts***
Legislative Agenda
General Assembly Session 2014 1 1 7
8. JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION
(JLARC) REVIEW OF THE EQUITY OF TRANSPORTATION
FUNDING
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
Currently, the General Assembly gives the Commonwealth Transportation Board (CTB) power to
allocate funds for transportation construction after maintenance and other subtractions are taken
from total revenues available. The first $500 million goes into bridge and interstate maintenance,
etc. By 2017, the growth in funding under HB2313 will allow allocations to again be made to the
urban, secondary, and primary systems. The basis for the distribution wherein 40% of the
funding goes to primary roadway allocation and 30% goes to each of the secondary and urban
allocation is based on work done by JLARC in 1984. At that time, JLARC did a rigorous
investigation of the needs from the various systems and recommended that the General Assembly
distribute a 1/3 portion of funds to each system. This recommendation was based on a "rigorous
and objective analysis of the need for construction dollars, which are the direct result of known
deficiencies in the existing highway system through the year 2005." Instead, in 1984, the General
Assembly changed the funding to 40-30-30 that exists to this day.
This distribution formula based on data from the early 1980s is representative of the need for
JLARC to engage in a new study to examine the adequacy of funding for transportation and
especially how new funds to be provided through HB2313 should be most appropriately spent.
Request:
The General Assembly is requested to direct JLARC to undertake a study as was completed in 1984
QLARC Study #64 - The Equity of Current Provision for Allocating Highway and Transportation
Funds in Virginia). This study could also look at the funding breakouts for other modes such as
public transportation, ports, and airports. Also, the adequacy of roadway maintenance funding
provided to localities should be included in the analysis. It may be necessary for this work,
because of the complexity to be completed over a two-year period.
Legislative Agenda
General Assembly Session 2014
9. STATE MAINTENANCE OF TOLLED ROADWAY PROJECTS
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
Recently, the state has begun several public/private partnerships for transportation projects.
Enhanced roads include the Elizabeth River Crossing, which is a second midtown tube and
improvements to the existing Downtown Tunnel and construction of Martin Luther King Freeway
and Route 460 improvements between Suffolk and I-295. As part of the agreement reached with
the private contractors, the state is requiring that the contractors provide all the maintenance for
these projects, which would be paid for with toll revenue. This is very unfair to the toll payers and
the general public because toll payers must provide the maintenance rather than the state. The
tolls are considerably higher than they would be if the Commonwealth shared in covering the
maintenance burden. The state should be paying for maintenance on these projects with funds
from the Highway Maintenance & Operations Fund (HMOF) as it does with all other road projects
throughout the Commonwealth.
Request:
The General Assembly is requested to prohibit the Virginia Department of Transportation (VDOT)
from requiring toll revenue to pay for maintenance on private/public partnership projects and
other tolled roadways going forward. In addition, the General Assembly should encourage VDOT
to reexamine the existing contracts to have HMOF monies replace toll dollars for maintenance
purposes. In fairness, toll rates should be reduced by offsetting amount on projects such as for the
Elizabeth River Crossing Project.
Legislative Agenda
General Assembly Session 2014
10. PRESERVATION OF PRIVATE RIPARIAN/LITTORAL RIGHTS
(TITLE 28.2)
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
Background Information:
The City of Virginia Beach has undertaken several sand placement projects along the Atlantic
Ocean and the Chesapeake Bay, and the City will likely begin new sand placement projects to
protect homes, businesses and public assets and infrastructure that are at serious risk from
erosion and flooding.
In Virginia, lands that are submerged belong to the Commonwealth of Virginia (Virginia Code Ann.
§ 28.2-1200), and it has been claimed that when sand is placed on the water's edge, the
Commonwealth continues to own the strip of emerged lands caused by the sand placement,
thereby severing private property owners' riparian status. Riparian and littoral property owners
own property that borders on a body of water and enjoy certain rights by virtue of being
waterfront property owners.
"Riparian rights" (also called "littoral rights" along a bay or ocean) are property rights to use the
submerged lands adjacent to an owner's waterfront property for certain purposes to maximize the
waterfront nature of their land. Although the Commonwealth is the owner of the submerged
lands, these lands may be used by the riparian owner for certain purposes. There are 5 recognized
riparian rights in Virginia common law:
1. The right to be and remain a riparian owner and to enjoy the natural advantages of being
adjacent to the water.
2. The right of access to the water, including a right of way to and from the navigable part.
3. The right to build a pier or wharf out to navigable water, subject to any regulations of the
Commonwealth.
4. The right to accretions or alluvium. "Accretions" are the imperceptible additions of new
land to the shore caused by natural deposits of sand or other material. "Alluvium" is the
sand or other material that is deposited by natural forces such as wind and water.
S. The right to make a reasonable use of the water as it flows pastor washes upon the land.
Legislative Agenda
General Assembly Session 2014
It is not the City's intention to sever or affect riparian or littoral rights when adding sand to public
beaches. The City offers this legislation as a means to clarify the riparian status after a sand
placement project and to maintain the status quo for private property rights when public projects
cause the placement of sand on public beaches and easements. Although this legislation would
preserve the fee interest and riparian rights of the private landowner, the newly created land will
be subject to the public's right of use and maintenance.
The legislation simply deems such sand placement to be treated the same as if it had occurred
naturally, which does not affect riparian status.
Request:
The General Assembly is requested to enact a new section in Title 28.2 to clarify the
riparian/littoral status of private property owners after public sand placement projects on public
beaches and waterways.
Requested Code Change:
TITLE 28.2: Notwithstanding any provision of law to the contrary, where sand or other material
is placed upon state-owned beds of the bays, rivers, creeks and shores of the sea channelward of
the mean low-water mark as part of the performance of a properly permitted beach nourishment,
storm protection or dredging project undertaken by a public body, and the public has an
established right of use and maintenance upon the adjacent land above mean low tide, such
placement shall not be deemed a severance or taking of, or to otherwise have impaired, an
adjacent landowner's riparian or littoral rights, and the newly created land channelward of the
former mean low-water mark shall be deemed natural accretion for purposes of ownership, but
such ownership shall be subject to the public's same right of use and maintenance upon the newly
created land as previously existed on the adjacent land above the mean low-water mark.
Legislative Agenda
General Assembly Session 2014
11. GOVERNMENT ACCOUNTING STANDARDS BOARD
REQUIREMENT
SPONSORED BY COUNCIL MEMBER ROSEMARY WILSON
Background Information:
For the first time, the Government Accounting Standards Board (GASB) is prescribing how unfunded
liabilities of cost -shared pensions should be reported. Local governments in Virginia with school
divisions will find themselves burdened with more than $15 billion in unfunded liability. School
divisions' liabilities will officially show up on local financial statements in FY15, and will be based
on the FY14 valuation, and thus will be available to rating agencies earlier than the FY 15 deadline.
In Virginia, teachers are employees of the school boards which send retirement contributions to
the Virginia Retirement System (VRS). Under the new GASB rules, even though the state and the
school board fund the contributions, the unfunded liability falls solely on the school boards/local
government. This means the liability will be shown on the city, county, or town financial
statements. There is no rationale for localities to bear full responsibility for the unfunded liability
for the teacher retirement plan and have its credit rating potentially negatively impacted.
The state sets standards that require a minimum number of teachers. Pensions are part and
parcel of a compensation package. There is no rationale for the state not bearing a portion of the
responsibility for pension costs, including recognition of unfunded liabilities. For more than 20
years, the state has often chosen to fund the teacher retirement plan at rates below those
recommended by the VRS Board of Trustees. At the same time, the state also expanded retirement
benefits by decreasing age and service requirements, allowed for purchase of service, and
required health insurance credits.
Consistent underfunding, benefit increases and investment losses due to the Great Recession have
increased the unfunded status of the teacher retirement plan. The fund has just 60.2 percent of
the assets needed to pay its liabilities.
Request:
The General Assembly is requested to fully fund the actuarial rate as indicated by the VRS going forward. It
is recommended that the unfunded liability of the teacher retirement plan should be a
responsibility shared by the state and local governments. The Commonwealth should pay at least
its fair share of teacher retirement costs directly to VRS. The share of the City of Virginia Beach for
the Schools Actuarial Pension Liability is $816.2 million, which would be reduced after the
Commonwealth pays its portion.
Legislative Agenda
General Assembly Session 2014
12. REAL ESTATE TAX RELIEF — MILITARY AVIATION MUSEUM
SPONSORED BY COUNCIL MEMBER BARBARA HENLEY
Background Information:
The Military Aviation Museum located in Virginia Beach is the home to many historic war birds.
These are military aircraft that date back to the beginning of military aviation up through the post -
World War II era. Some of these aircraft are the only one of their kind existent in the world. They
include aircraft from major Air Forces such as the United States, French, British, German, etc.
These planes show the evolution of aviation in the military from the earliest flimsy bi-planes up
through the very rareP-51 Mustang and the world's only flying Mosquito aircraft. The facility is
located on more than a hundred acres just south of the Pungo area in Virginia Beach. The
museum includes reproduction of War World II hangers, modern exhibit space, and many other
ancillary buildings. This facility hosts tens of thousands of visitors per year and is a tremendous
educational tool to show students, both young and old, improvements to aviation through military
usage and the "inventedness" of man. This is also a substantial tourism attraction.
Request:
The City of Virginia Beach requests the General Assembly amend the Code of Virginia to allow the
City to provide real estate tax relief to the Military Aviation Museum located in Virginia Beach.
This is expected to cost the City approximately $80,000 a year. This loss of income is more than
made up by increased tourism and the educational experience provided by this facility.
D
13. RECURRENT COASTAL FLOODING
Background Information:
Legislative Agenda
General Assembly Session 2014 1
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
The 2012 General Assembly of the Commonwealth of Virginia unanimously passed SJR 76, 2012:
Recurrent Flooding Study of Tidewater Virginia and commissioned a study to evaluate Virginia's
coastal communities' current capabilities to identify and implement comprehensive adaptation
strategies to mitigate recurrent coastal flooding. The study was conducted by the Virginia
Institute of Marine Sciences (VIMS) and published as Senate Document No.3 January 2013 (VIMS
Report).
The VIMS Report concludes Virginia localities are not adequately equipped to address and
implement meaningful flood mitigation strategies required for responding to predicated relative
sea level rise on their own. Within the VIMS Report, there are a series of simulations that show
impacted areas as influenced by: a) storm surge, b) sea level rise, and c) the recurrences of storms
making land fall within the region. All of these factors both individually and collectively are
anticipated to increase the frequency and the severity of coastal flooding events. This will
increase damages to public and private property, amplify impacts to public safety, and increase
disruption to individuals and the economy. Left unaddressed, the Commonwealth can reasonably
anticipate that it will see significant and profound coastal flooding now and into the immediate
planning horizon.
This contention supported by the VIMS Expert Advisory Panel is that Virginia localities are
overwhelmed by the magnitude of the recurrent coastal flooding challenge and do not have
sufficient technical resources to define and address the coastal flooding risks. Further, Virginia
local governments lack the framework and structure for responding to and planning for future
significant recurrent coastal flooding events, nor the financial resources or regulation authority to
implement necessary comprehensive flood mitigation solutions.
To mitigate these shortfalls, the VIMS report strongly recommends that the state take a stronger
leadership role to incorporate flood and sea level rise management into their purview. It also
recommends the state take ownership of the necessary integration role between the localities and
the appropriate federal agencies.
Request:
The City of Virginia Beach requests the General Assembly to establish and fund a Joint Study
Committee to further investigate and make recommendations on recurrent coastal flooding in
Virginia.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adopting the Strategic Plan to End Homelessness
MEETING DATE: October 22, 2013
Background: In 2007, the Council adopted the City's first Ten Year Plan to End
Homelessness. Because of changes and progress since then, including the Federal
Hearth Act, the study of the City's homeless system, and planning for the Housing
Resource Center, staff has developed and received public input on a new plan entitled,
"The Strategic Plan to End Homelessness." The Council was briefed on the new plan
on October 8, 2013.
■ Considerations: The proposed new plan recognizes changes since the original
plan was adopted. These changes are appropriate to help staff and the community
move forward to most effectively address the challenge of homelessness. In addition,
having an updated plan helps communicate to the United States Department of Housing
and Urban Development ("HUD") our community's continued efforts to address HUD's
recommended and/or required steps for Federal funding.
■ Public Information: Public input was sought for draft versions of the proposed
plan throughout August, 2013, via the Virtual Town Hall software. On August 21St, a
public meeting was attended by over 30 people. Finally, draft versions of the proposed
plan were presented and discussed at the regular monthly meetings of the BEACH
Community Partnership on August 20 and September 17, 2013, which resulted in the
BEACH Planning Committee's endorsement of the plan at its September 17 meeting.
■ Alternatives: If a new plan is not adopted, the existing plan would continue in
force.
■ Recommendation: Approve the attached resolution.
■ Attachments: Resolution; "The Strategic Plan to End Homelessness"
Recommended Action: Approval
Submitting Department/Agency: Hoeg and Neighborhood Preservation
City Manager:
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A RESOLUTION ADOPTING THE STRATEGIC PLAN TO
END HOMELESSNESS
WHEREAS, the City of Virginia Beach's vision of Community for a Lifetime
includes all residents; and
WHEREAS, addressing the problem of homelessness is a part of achieving that
vision; and
WHEREAS, the City seeks to update and improve its previous plan to end
homelessness;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Strategic Plan to End Homelessness (the "Plan"), attached hereto
and incorporated, is hereby adopted; and
2. That the City Council asks all those with an interest in ending
homelessness to work cooperatively with the City in alignment with the Plan; and
3. That the City Council hereby authorizes and directs the City Manager to
submit the Plan to the U.S. Department of Housing and Urban Development (HUD) and
other interested groups on behalf of the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
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De0adment"bf-Housing and
Neighborhood Preservation
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October 10, 2013
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CITY OF VIRGINIA BEACH
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HOUSING &
NEIGHBORHOOD
PRESERVATION
Bringing an End to All City Homelessness
This plan is intended to represent the vision of the entire Virginia Beach community to end
homelessness. It is the collective work of the BEACH Community Partnership, private citizens, city
government, and numerous faith -based, nonprofit and private organizations. This plan is intended to
serve the needs of all who experience a housing crisis or homelessness including families, individuals,
youth, veterans and people transitioning from institutional living.
Organizations that made contributions and commented on this document include the following:
• Access -Aids
• BEACH Community Partnership
• City of Virginia Beach Departments of Health, Human Services, Housing and Neighborhood
Preservation
• Community Alternatives Management Group
• The Endependence Center
• Judeo-Christian Outreach Center
• PIN Ministry
• Potters House
• The Planning Council
• Samaritan House
• Seton Youth Shelters
• Stand Up For Kids
• VetsHouse
• Virginia Beach Community Development Corp
• Virginia Beach Public Schools
• Virginia Organizing
• Virginia Supportive Housing
• Volunteers of America
COEDITS
Lynne Carruth, a consultant working for the city, was the main author of this plan.
John Boylan, Homeless Policy and Resource Coordinator in the Dept. of Housing and Neighborhood
Preservation (DHNP), contributed significantly to the content and review.
The final plan was edited by Andrew Friedman, director of DHNP.
rONTENTS
Homelessness in Virginia Beach Today 1
Understanding the Scope of the Problem 1
The Context for Our Plan 3
Achievements to Date 6
The Challenges that Remain 7
Goals and Objectives 13
Action Plan 17
APPENDIX 1: ACRONYMS AND GLOSSARY OF TERMS 31
APPENDIX 2: EXECUTIVE SUMMARY OF HOUSING CRISIS RESPONSE SYSTEM REPORT
APPENDIX 3: WEBSITE RESOURCES 34
HOMELESSNESS IN VIRGINIA BEACH TODAY
There are many reasons why families and individuals become homeless: job loss; mental illness; family
breakup; inability to afford housing costs; and health care costs. The impact of homelessness on a
community is far reaching and long-lasting. The crisis of homelessness perpetuates itself in poor
educational, health, employment and family outcomes for our community's most vulnerable residents.
The cost to the community as a whole can be measured by expenditures for police intervention,
incarceration, medical treatment and hospitalization, academic remediation and emergency assistance.
It is also important to know that people move in and out of homelessness on an ongoing basis so we
cannot point to a single number and say that we have successfully assisted every person or family who
will ever become homeless. But what we can do and have been doing is to drastically reduce the
number of people that become homeless and to shorten the length of time that they experience
homelessness; that is our definition of ending homelessness.
The primary sources of data about the homeless in Virginia Beach and their service needs are the annual
survey of people who are homeless, known as the Point -in -Time Count (PIT), and the Homeless
Management Information System (HMIS), a computerized data collection system used by service
providers. The PIT, conducted over a 24-hour period in January of each year, provides an unduplicated
count of individuals and families in shelter as well as those living on the street. Data from the January
2013 PIT provides the following information:
Snapshot: Number of Homeless People Counted in January, 2013
• 389 Sheltered (people in shelters or transitional housing)
• 67 Unsheltered (people actually on the street or not in any type of housing or shelter)
• 456 Total People
Of these
o 201 Persons were in Households with children (including 123 children)
o 255 Persons in Households without children
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE
• Chronically Homeless Individuals: People who were continually homeless for a year or more; or
have had multiple episodes of homelessness over the past 3 years
o Approximately 20% of all homeless persons in Virginia Beach were considered
chronically homeless —93 individuals and members of families.
o This is higher than the national rate of 16%.
o Approximately 33% were unsheltered — this means about 30 people were chronically
homeless and unsheltered.
The following chart depicts subsets of the total homeless population:
Homeless Subpopulation Groups
Identified During the 2013 PIT Count
note: some persons are counted in
more than one category in this
chart.
shelters, transitional
housing and safe havens
Total Number of Veterans
69 9 78
(including female Veterans)
Number of Female Veterans
12 0 12
(subset of all Veterans)
Severely Mentally III 56 21 77
Chronic Substance Abuse 60 19 79
Persons with HIV/AIDS 4 0 4
Victims of Domestic Violence 58 17 75
Chronically Homeless Individuals 59 30 89
Chronically Homeless Families
1 0 1
(Total Number of Families)
Chronically Homeless Families
4 0 4
(Total Persons in Household)
In the 2011-12 school year, 637 students were identified as living in households considered homeless or
at risk of homelessness. This information comes from Virginia Beach City Public Schools Project Hope,
which is required to identify, assist and report on students experiencing or at -risk of homelessness.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 2
How Virginia Beach's Homelessness Compares to Other Cities
Virginia Beach's rate of homelessness is about 12 persons per 10,000. Based upon a comparison of data
from 2010, that is the lowest for regional cities, the state, and comparable cities in the nation. We hope
that our low rate is, at least in part, a result of efforts to date, but we still recognize the need to
continue to improve.
The following chart compares rates of homelessness as reported to HUD in 2010:
How Do e Compare to Other
Cities and the U.S. as a Whole ?-
2010 - Homeless Persons per 10,0W of C;eneral Population
22 24
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THE CONTEXT FOR OUR PLAN
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The City's Role in Ending Homelessness and How our System has Worked
The City has taken an active role in addressing homelessness since 1984 by working with non-profit,
faith -based and regional partners to plan and implement programs addressing homelessness. Many of
the existing organizations and services in Virginia Beach were started as initiatives by faith organizations
who recognized that a separate non-profit was needed to carry out homeless assistance programs and
obtain grants. Our system has always been a combination and/or partnership of government, faith
organizations and non -profits working together.
The City has played various roles in the system but, in general, our approach has been to help lead,
organize and partially fund the system of services that are primarily delivered by non-profit and faith
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 3
organizations. We have been the lead agency for the Virginia Beach Continuum of Care, helping to
obtain and maintain key funding received directly from HUD by many of the non-profit service providers.
We have been a key funder of services, but certainly not the only one. We have been a facilitator and
supporter of community planning and dialogue to address homelessness and a participant and leader in
regional planning and decision-making.
As we adopt this plan, we envision the City continuing to play these roles, but to also take a more active
role as a catalyst and/or mobilizer of networks of organizations that will address key challenges. The City
will also act as a funder of key and required elements of the more comprehensive and organized system
necessary for success.
Our current system of services, in many ways, has "just grown" overtime through the efforts of many
groups and individuals. This is both a strength and a weakness. It is a strength because of the diversity of
effort exerted, the initiative of each individual, faith congregation and non-profit and the creativity
brought to address the problem. The weakness lies in the lack of consensus on the approaches and
system for addressing the problems and lack of a unified decision-making process. Given that our system
will always be composed of independent organizations, it will, to a certain extent, continue to depend
on the good will of all involved to work cooperatively. As cooperation and coordination are also
mandated for those who receive Federal funds, we expect that significant progress will be made, while
striving to maintain the balance between coordination and independence.
The most recent plan addressing homelessness was adopted by City Council in 2007; this update, the
2013 Strategic Plan to End Homelessness, builds upon and expands the 2007 plan. It incorporates
progress to date, new research and addresses the following key items:
• In May 2013, the City Council approved design funding for a Housing Resource Center to be
located at 104 N. Witchduck Road.
• A new Federal law called the HEARTH Act requires that certain changes to every city's homeless
services system be in effect by August 2014.
• A study of the city's housing crisis response system, completed in spring 2013, recommended
changes to how our system is organized and operated.
Other Plans
In addition to the items listed above, this plan has been developed and will be executed in the context of
overall city goals and plans including related plans for housing. This is a major consideration that will
support the overall success of multiple city goals. These relevant city plans and guidance documents
include the annually -developed City Council Priorities and the Comprehensive Plan — especially Chapter
10 - the Housing and Neighborhood Plan. These documents define key city goals, including housing
options that serve people at all income levels and life stages. Additional plans and programs that are
relevant include:
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 4
• The HUD Consolidated Plan, which identifies priorities, funding and programs to meet the
housing needs of low and moderate income persons.
• The Homeless Continuum of Care strategy, which defines our current system of services for the
homeless and provides significant funding for them.
• The regional "Housing Opportunities for People with AIDS" plan, which guides the use of Federal
HOPWA funds.
• The Workforce Housing Program designed to enhance affordable housing opportunities so that
vital members of the workforce can afford to live and work in Virginia Beach.
In addition, since so much of the funding for homeless services and affordable housing is federal, federal
housing funding and regulations play a significant role in determining what can be done.
Regional Relationships
Regional cooperation is an essential element in addressing homelessness because we have a regional
housing market; because we have organizations that work throughout the region; because people
seeking housing don't care about city boundaries; and because, through regional cooperation, we can
solve problems by sharing resources and costs and thereby reduce the costs to individual localities and
taxpayers.
Virginia Beach has been an active participant in the South Hampton Roads Regional Taskforce on Ending
Homelessness since 2005, when it was created. The Task Force consists of the cities of Chesapeake,
Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach, and Isle of Wight County, The Planning
Council and the United Way of South Hampton Roads. The taskforce develops and implements regional
activities.
The best example of the success of regionalism has been the creation of efficiency apartment
developments for formerly homeless people. Since 2006, four apartment developments consisting of a
total of 240 units have been developed and are occupied by formerly homeless single people. These
developments were built by Virginia Supportive Housing, a statewide non-profit and received financial
support from multiple cities. For example, the most recent development, Heron's Landing in
Chesapeake, received financial support from Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia
Beach. By supporting these projects jointly, the cities have created far more housing than they could
have individually. The regional nature of the projects has also attracted additional federal, state and
private funding, so that millions of dollars of non -city funding has been leveraged to help build and
operate these developments.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 5
In 2009, Congress enacted the Homeless Emergency Assistance and Rapid Transition to Housing
(HEARTH) Act which requires significant changes in the way communities plan and deliver services.
Communities must now operate as a coordinated service delivery system rather than as a collection of
individually funded projects. Specific requirements include a coordinated assessment process,
performance-based funding, a focus on homeless prevention and permanent housing and an inclusive
governance structure with representation from all service providers, not just those receiving federal
funding. Implementation of HEARTH Act requirements is critical to ensuring the continuation of annual
federal funding of approximately $1.4 million.
The Housing Resource Center
The Housing Resource Center will replace and expand upon the services currently offered at the
Lighthouse Center. The Housing Resource Center will serve as the focus for our community's effort to
end homelessness through coordination of intake, assessment, services and referrals for families and
individuals.
Currently in the planning stage, the center will be located at 104 North Witchduck Road. Facilities and
services will include day services and emergency shelter for families and individuals. Permanent
affordable housing may also be included on the site. The center is expected to be operational by the fall
of 2017.
ACHIEVEMENTS TO DATE
Significant progress has been made since the first receipt of federal emergency shelter grant funding in
1984. Many major projects and programs have successfully enhanced what existed over 30 years ago to
create what we have today. There are multiple major milestones that have been achieved by all involved
agencies. The development of this plan is intended to build on and improve what has been created to
date. A few of the key dates and important achievements are highlighted below:
• 1984: First receipt of Federal Emergency Shelter Grant funding—used to help fund the Winter
• Shelter program, a partnership of faith congregations, a non-profit and the city, which provides
shelter at city churches from October through April. This program has now been operational for
29 years, and for the last 20 has been operated by Volunteers of America.
• 1984: Samaritan House, providing shelter to victims of domestic violence and homeless
families, is organized.
• 1985: Mother Seton House, now called Seton Youth Shelters, is formed. It provides shelter to
homeless and runaway youth.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 6
• 1985: Virginia Beach Community Development Corporation (VBCDC) is formed by the City
Council. VBCDC provides affordable housing and homeless services, and now owns over 300
units of affordable housing.
• 1986: Fire Escape on 17th & Pacific opens; later becomes Judeo-Christian Outreach, which
provides shelter for the homeless as well as a daily dinner for all those in need, in partnership
with area churches.
• 1988: Community Alternatives, a non-profit to serve the housing needs of mentally ill and
substance abuse persons, including the homeless, is formed; it now houses participants in Dept.
of Human Services programs as well as others.
• 1994: City coordinates the first continuum of Care application to HUD and is successful in
receiving Federal funds; the application has been successfully submitted and funded each year
since then.
• 1996: The Lighthouse Center construction is completed. The Center becomes the gathering site
for the Winter Shelter and provides daytime services such as laundry, showers and access to
services.
• 2005: The South Hampton Roads Regional Task Force to End Homelessness is chartered by
Southside Mayors and Chairs and begins work.
• 2006: Gosnold Apartments (60 apartments) opens, the first of four regional efficiency
apartment developments for the homeless.
• 2007: City council adopts the city's first Ten Year Plan to End Homelessness .
• 2008: Cloverleaf Apartments (60 apartments), the 2"d efficiency apartment development, opens
in Virginia Beach.
• 2009: The BEACH Community Partnership is formed.
• 2010: South Bay Apartments (60 apartments) in Portsmouth opens, the third regional project.
• 2011: Judeo Christian Outreach opens 22 units of permanent and transitional housing for
veterans.
• 2013: Study of Virginia Beach's homeless services system by OrgCode, Inc. completed.
• 2013: City Council authorizes design funding for the Housing Resource Center.
• 2013: Heron's Landing Apartments (60 apartments) in Chesapeake opens.
• 2013: City Council rezones property for Crescent Square Apartments (80 apartments).
• 2013: Cedar Grove Apartments opens, providing 32 units of permanent housing for veterans.
THE CHALLENGES THAT REMAIN
Despite the many successes achieved both in Virginia Beach and regionally, we recognize that challenges
remain. There are still hundreds of people who are homeless and families who face housing crises daily.
This plan is designed to address many of those challenges and accelerate our progress.
Among those challenges, as identified in the study of our system conducted by OrgCode in 2013, are the
following:
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 7
1. We do not have a fully integrated system of services. There are no clearly defined pathways to
obtain services and there are multiple access points, some of which work more efficiently than
others.
2. Data on homelessness and homeless services is not as accurate or complete as it could be.
3. Providers do not use a common assessment system to determine the needs of homeless
persons. As a result, consistent and appropriate service plans and referrals are not done as
frequently as they could be and service plans may not be as effective as possible.
4. Providers across the system are not necessarily aware of or have easy access to information
about all components of the system which limits their ability to assist persons they encounter.
5. Our system does not yet comply with the requirements of the federal HEARTH Act.
6. We need to implement best practices in addressing homelessness, both at the program level
and in individual capability, through training about available tools and approaches.
7. There have been significant reductions in funding of federal housing and homeless programs
that reduce the resources available to achieve our goals
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 8
An effective plan requires a vision of what we're trying to achieve and principles that guide how
decisions are made. This vision and principles are proposed based on discussions and decisions made by
the BEACH Community Partnership as well as on how work is already done:
Our Vision
Realizing our personal and collective responsibility to our fellow man, we
mobilize our community to prevent and end homelessness. We envision a
future where everyone in Virginia Beach will be able to live in safe, decent
and affordable housing.
The Principles that Guide this Plan and Our Work
• We believe that we can prevent and end homelessness in Virginia Beach for individuals and
families. This means that we can drastically reduce its occurrence and shorten the length of
time that people are homeless.
• Homelessness creates both direct and indirect costs to our community; ending homelessness
will both reduce those costs and create other benefits for the entire community.
• We will end homelessness through the active collaboration of all sectors of our community.
The BEACH Community Partnership represents our community's coordinated effort to do this.
• We must invest our resources in solutions that are shown to be effective and sustainable.
• We will work cooperatively with our local and regional partners to ensure that we do the most
effective work with the lowest possible cost to taxpayers and other funders. Our regional work
will focus on what can best be achieved together, while recognizing that some efforts require a
local approach.
• We will focus our efforts on prevention of homelessness, diversion to other community and
family supports and rapid rehousing; our programs will provide the least amount of assistance
necessary to ensure housing stability.
• Our community will provide opportunities to help people avoid and end homelessness and we
rely on those who experience it to take maximum advantage of those opportunities.
• Our service system will be person -centered, ensuring that homeless families and individuals
play an active role in defining their needs and wants and are supported to obtain services that
best achieve those goals. The person, not the system, is in charge of defining the direction for
their lives. This includes ensuring that the needs of special populations are met and that all who
need opportunities to avoid or end homelessness are served appropriately.
• We will use defined and measurable outcomes to determine the results of our work and how it
can be improved.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 9
Our plan is organized around four broad goals designed to have a significant impact on homelessness.
Together, these goals represent a comprehensive approach to ending homelessness by developing a
more efficient, effective and coordinated delivery system for services and housing. Accompanying each
goal is a discussion of why it is important and its expected impact. A more detailed look at the goals,
with objectives and action steps, is presented in Section 4.
GOAL 1: INCREASE LEADERSHIP, COLLABORATION, INNOVATION AND CIVIC ENGAGEMENT IN
OUR COMMUNITY EFFORTS.
Rationale: Ending homelessness only occurs where there is a strong, informed community commitment
and partnership evidenced by the involvement and support of business and civic leaders, public
officials, faith -based volunteers and providers of housing, human services and health care.
Although significant progress has been made, collaboration across all sectors must be increased to
establish and implement action plans that will end homelessness. There must also be additional ongoing
opportunities for citizen engagement through educational programs, volunteerism and public-private
partnerships.
Innovation - in the use of resources, interaction with our partners and how we work with our homeless
citizens - has been a key factor in development of model programs, such as creation of four regional
efficiency apartments and must continue to inform our work.
What impact will achieving this goal have? Greater involvement, better coordination and more
innovation will generate new ways to achieve our goals and more support for achieving them.
GOAL 2: CREATE A COLLABORATIVE SYSTEM OF SERVICE DELIVERY AND ACCESS THAT
EFFECTIVELY AND EFFICIENTLY CONNECTS PEOPLE TO SERVICES THAT MEET THEIR BASIC
NEEDS AND SUPPORT HOUSING STABILITY.
Rationale: For this plan to be successful it is necessary that services for persons who experience
homelessness operate as a cohesive, comprehensive system. The system must incorporate all services in
the community, whether they are part of the non-profit, government or non-governmental sector. The
assistance provided must also ensure that the basic needs for shelter and food are met as well as access
to stable housing.
The federal HEARTH Act creates some of the rationale for this goal. The HEARTH Act requires significant
changes to the way localities deliver homeless services. Communities must now operate as a service
delivery system rather than as a collection of individually funded projects. Funding will be predicated on
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 10
meeting specific performance measures.
Our current system is moving in the direction of better collaboration but additional improvements can
be made. A successful model for coordinated service delivery is through networks of agencies and
community volunteers who collaboratively provide services to address specific issues such as chronic
homelessness, homeless families or healthcare.
Some challenges to achieving this goal are the number of current service providers, multiple service
locations and multiple access points with limited coordination and data -sharing among them. There is
no single pathway for a person to follow to obtain the services they need nor is there a coordinated
assessment process and provision of referrals. This results in duplication of effort as clients must be re-
assessed at every entry point. Additional barriers to service include lack of standard criteria for program
entry, limited prevention funds and inadequate emergency shelter space.
What impact will achieving this goal have? People experiencing homelessness will find an organized
system that is easy to access, easy to navigate and efficiently directs them to available services and
housing. Service providers will more effectively and efficiently connect clients with needed services by
having a defined system of services and access to accurate, real time information.
GOAL 3: INCREASE AND MAINTAIN THE SUPPLY OF AND ACCESS TO PERMANENT,
ACCESSIBLE AND AFFORDABLE HOUSING.
Rationale: One of the fundamental causes of homelessness is the gap between a household's income
and the cost of housing. People are generally extremely poor at the time they become homeless. An
adequate supply of housing that is affordable is a permanent, cost effective solution to homelessness
that provides benefits to the entire community.
The relatively high cost of housing In Virginia Beach poses a significant challenge to lower income
families. 2011 data indicates that nearly 42% of all households are cost -burdened — paying more than
30% of their income for housing, the accepted standard for housing affordability. For very low-income
households living in rental units, with incomes of $20,000 or less, the challenge is even greater; 94% of
these households are paying more than one third of their income for rent. Such households are at risk of
homelessness through a single event such as loss of employment or a medical emergency.
Compelling evidence of the housing affordability crisis was demonstrated in September 2012, when
applications were accepted for Virginia Beach Housing Choice vouchers, a federally funded rental
subsidy. In one week, approximately 5,000 applications for assistance were received from residents of
Virginia Beach alone.
What impact will achieving this goal have? There will be an increase in the number of affordable
housing opportunities available to people who were previously homeless or at risk of homelessness. This
will help reduce the number of people who are homeless.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 11
GOAL 4: DEVELOP SUSTAINABLE RESOURCES TO SUPPORT OUR ONGOING
COMMUNITY EFFORT.
Rationale: Predictable and sustainable funding for programs is required to achieve the goals of our
plan. In an era of diminished federal funding and economic uncertainty, it is important to identify new
and diversified revenue sources, redirect existing funding to support high performance programs and
create partnerships to leverage new resources.
What impact will achieving this goal have? A net increase in funding for homeless programs and
services creating a level of services and housing more closely aligned with community needs.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 12
OUP
GOALS AND OBJECTIVES
Presented here, again, are the four broad goals that must be achieved to end homelessness in Virginia
Beach. We have added specific objectives that break down the goal into manageable parts. In a separate
section, a detailed action plan lists steps to achieve each objective and identifies the lead agency and a
timeline for the action.
Goal 1: Increase leadership, collaboration, innovation and civic engagement in our community
efforts.
Rationale: Ending homelessness only occurs where there is a strong, informed community commitment
and partnership evidenced by the involvement and support of business and civic leaders, public
officials, faith -based volunteers and providers of housing, human services and health care.
Although significant progress has been made, collaboration across all sectors must be increased to
establish and implement action plans that will end homelessness. There must also be additional ongoing
opportunities for citizen engagement through educational programs, volunteerism and public-private
partnerships.
Innovation - in the use of resources, interaction with our partners and how we work with our homeless
citizens - has been a key factor in development of model programs, such as creation of four regional
efficiency apartments and must continue to inform our work.
Objective 1.1
Strengthen the capacity of key public and private organizations to prevent and end
homelessness.
Objective 1.2
Increase community knowledge about homelessness and our community's efforts, successes
and challenges.
Objective 1.3
Maintain and expand partnerships with all those who wish to be part of the effort.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 13
Goal 2: Create a collaborative system of service delivery and access that connects people to
services that meet their basic needs and support housing stability.
Rationale: For this plan to be successful, it is necessary that services for persons who experience
homelessness operate as a cohesive, comprehensive system. The system must incorporate all services in
the community whether they are part of the non-profit, government or non-governmental sector. The
assistance provided must also ensure that the basic need for shelter and food are met as well as access
to stable housing.
The federal HEARTH Act creates some of the rationale for this goal. The HEARTH Act requires significant
changes to the way localities deliver homeless services. Communities must now operate as a service
delivery system rather than as a collection of individually funded projects. Funding will be predicated on
meeting specific performance measures.
Our current system is moving in the direction of better collaboration but additional improvements can
be made. A successful model for coordinated service delivery is through networks of agencies and
community volunteers who collaboratively provide services to address specific issues such as chronic
homelessness, homeless families or healthcare.
Some challenges to achieving this goal are the number of current service providers, multiple service
locations and multiple access points with limited coordination and data -sharing among them. There is
no single pathway for a person to follow to obtain the services they need nor is there a coordinated
assessment process and provision of referrals. This results in duplication of effort as clients must be re-
assessed at every entry point. Additional barriers to service include lack of standard criteria for program
entry, limited prevention funds and inadequate emergency shelter space.
Objective 2.1
Adapt our current system to ensure that it incorporates all components required by the federal
HEARTH Act using recognized best practices.
Objective 2.2
Replace and enhance the services provided by the Lighthouse Center by creating a Housing
Resource Center as the focus for our community's effort to end homelessness through
coordination of intake, assessment, services and referrals for families and individuals.
Objective 2.3
Mobilize and support the coordination of community providers, volunteers and institutions to
create or strengthen networks that address critical components of the services system such as
chronic homelessness, homeless families or healthcare.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 14
Objective 2.4
Ensure that the system reaches and effectively serves all those in need, including special needs
populations, using person -centered principles and practices.
Objective 2.5
Continually enhance the professionalism, effectiveness and accountability of the services
system.
Objective 2.6
Provide appropriate shelter and survival assistance to ensure that the homeless are safe and
protected as they transition from homelessness to stable housing.
Foal 3: Increase and maintain the supply of and access to permanent, accessible and
affordable housing.
Rationale: One of the fundamental causes of homelessness is the gap between a household's income
and the cost of housing. People are generally extremely poor at the time they become homeless. An
adequate supply of housing that is affordable is a permanent, cost effective solution to homelessness
that provides benefits to the entire community.
The relatively high cost of housing in Virginia Beach poses a significant challenge to lower income
families. 2011 data indicates that nearly 42% of all households are cost -burdened — paying more than
30% of their income for housing, the accepted standard for housing affordability. For very low-income
households living in rental units, with incomes of $20,000, the challenge is even greater; 94% of these
households are paying more than one third of their income for rent. Such households are at risk of
homelessness through a single event such as loss of employment or a medical emergency.
Compelling evidence of the housing affordability crisis was demonstrated in September 2012, when
applications were accepted for Virginia Beach Housing Choice vouchers, a federally funded rental
subsidy. In one week, approximately 5,000 applications for assistance were received from residents of
Virginia Beach alone.
Objective 3.1
Continue to develop affordable housing units through new construction and conversion of
existing transitional housing to permanent housing, as determined by community needs.
Objective 3.2
Avoid losses of existing affordable housing units through ongoing review of rehabilitation needs
and financing and program requirements.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 15
Objective 3.3
Increase financial su
Objective 3.4
Continue to create partnerships with non-profit and private sector housing developers for
development of affordable housing.
Objective 3.5
Ensure an adequate supply of housing that is appropriate for special needs populations.
Goal 4: Develop sustainable resources to support our ongoing community effort.
Rationale: Predictable and sustainable funding for programs is required to achieve the goals of our
plan. In an era of diminished governmental funding and economic uncertainty, it is important to identify
new and diversified revenue sources, redirect existing funding to support high performance programs
and create partnerships to leverage new resources.
Objective 4.1
Increase the availability of funding for proven assistance programs and new initiatives that end
homelessness.
Objective 4.2
Identify and obtain new non -monetary resources.
Objective 4.3
Partner regionally and statewide in resource development in order to ensure a net increase in
available funding.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 16
ACTION PLAN
This part of the plan proposes specific actions, lead actors, benchmarks to measure their achievement
and dates by which they should be achieved.
GOAL 1: INCREASE LEADERSHIP, COLLABORATION, INNOVATION AND CIVIC
ENGAGEMENT IN OUR COMMUNITY EFFORTS.
Objective 1.1: Strengthen the capacity of key public and private organizations to prevent and end
homelessness.
Action Steps
Lead
Benchmark
Date
Increase city staff support for the
DHNP
Hire Homeless Coordinator.
October
community's efforts to prevent and end
AmeriCorps volunteer
2013 and
homelessness.
starts.
February
2014
Continue to support BEACH as the
DHNP
BEACH is viewed by
Ongoing
organization where we plan to end
stakeholders as the place
homelessness in Virginia Beach.
where plans and issues are
discussed.
Strengthen the community governance
DHNP
A new governance system
June
system to enhance coordination,
meeting HEARTH Act
2014
collaboration and insure compliance with
BEACH
requirements and
the HEARTH Act. Ensure broad community
Continuum of
community needs is
membership including schools, Police, key
Care (CoC)
created.
health care providers and workforce
development organizations.
Ensure that BEACH has full representation
BEACH Exec.
BEACH membership reflects
January
from all key groups, including homeless
Committee
this.
2014
and/or formerly homeless persons.
Expand use of the Charity Tracker data
BEACH
New faith communities
Ongoing
collection system in the faith -based
begin and continue using
community.
the system.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 17
Ensure the availability of high quality, timely
VBCDC and
Monthly reports based on
Ongoing
data on homelessness to facilitate targeting
CoC HMIS
HMIS created and
interventions, evaluating results, strategic
Committee
distributed.
planning and resource allocation.
Objective 1.2: Increase community knowledge about homelessness and our community's efforts,
successes and challenges
Action Steps
Lead
Benchmark
Date
Enhance the BEACH website to serve as the
DHNP
Website complete.
November
primary online information source about
Information regularly
2013
preventing and ending homelessness.
updated.
Publish and widely disseminate quarterly
DHNP
Reports created,
January
and annual reports documenting progress
distributed and posted on
2014
toward achieving plan goals. Consider a
DHNP and BEACH
monthly report of numbers of people
websites.
housed consolidating info from all agencies.
Provide ongoing opportunities for people to
DHNP
Regularly scheduled
ongoing
engage in and learn about our efforts.
events and publications
BEACH
about homeless issues.
Objective 1.3: Maintain and expand partnerships with all those who wish to be part of the effort.
Action Steps
Lead
Benchmark
Date
Create a Community Advisory Committee to
DHNP
Committee appointed;
December
provide community input on development
Regular meetings
2013
of the Housing Resource Center.
scheduled.
Create partnerships with higher education
DHNP and
Agreements and
March 2014
institutions to provide interns and
other
programs with local
volunteers to support the system and key
stakeholders
institutions developed.
services.
Develop an employment and training
DHNP and
Employment program
2015
program in partnership with the Regional
key
developed.
Task Force to End Homelessness.
stakeholders
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 18
Continue active participation in the
DHNP
Development of regional
Ongoing
Regional Taskforce to End Homelessness.
Action Steps
projects and programs
Benchmark
Date
Create a comprehensive system plan to
that have win/win results
Individual component plans
August
address HEARTH requirements, including
for the city. Projects
adopted throughout early
2014
governance, coordinated intake and
initiated include:
2014.
assessment, consistent standards for
The Healing Place;
service and a performance assessment
employment and
Full system plan adopted
system.
training; HMIS; and
and implemented by
regional conferences.
August, 2014
GOAL 2: CREATE A COLLABORATIVE SYSTEM OF SERVICE DELIVERY AND ACCESS THAT
CONNECTS PEOPLE TO SERVICES THAT MEET THEIR BASIC NEEDS AND SUPPORT
HOUSING STABILITY.
Objective 2.1: Adapt our current system to ensure that it incorporates all components required by the
federal HEARTH Act using recognized best practices.
Action Steps
Lead
Benchmark
Date
Create a comprehensive system plan to
DHNP and
Individual component plans
August
address HEARTH requirements, including
BEACH CoC
adopted throughout early
2014
governance, coordinated intake and
Committee
2014.
assessment, consistent standards for
service and a performance assessment
Full system plan adopted
system.
and implemented by
August, 2014
Improve and enhance efforts for diversion,
DHNP
A central system
September
prevention, short-term emergency housing,
implementing these
2015
access to mainstream resources and
activities will be in place.
housing -focused case management.
September
200 individuals or families
2016
are diverted and assisted
with less than 5% recidivism.
Reposition shelters to provide short-term
DHNP
Emergency shelter usage is
2018
housing only with reduced barriers to
consistently less than 250
access, unified standards and procedures
unique individuals annually
and a focus on accessing permanent
and lengths of stay do not
housing.
exceed 3 months.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 19
Support and invest in "Housing First" and
DHNP
Housing First and Rapid Re-
2016
Rapid Re -Housing models for homeless
Housing programs
families and individuals that provide
implemented.
housing -focused case management and
resources necessary for housing placement.
Enhance and expand the regional Homeless
The
Timely, accurate data and
April 2014
Management Information System to
Planning
reports are available to
improve client data and support service
Council
service providers.
delivery, evaluation and communication
between providers.
VBCDC
BEACH COC
HMIS
Committee
Objective 2.2: Replace and enhance the services provided by the Lighthouse Center by creating a
Housing Resource Center as the focus for our community's effort to end homelessness through
coordination of intake, assessment, services and referrals forfamilies
and individuals.
Action Steps
Lead
Benchmarks
Date
Develop the Housing Resource Center.
DHNP
Housing Resource Center
Fall 2017
constructed and
operational.
Develop services plan for relocation of
DHNP and all
Services plan developed.
March
appropriate current services and creation
stakeholders
Services plan implemented.
2014
of new services for the Housing Resource
Center, to include physical and virtual
Fall 2017
access.
Work with churches and providers to
DHNP
Oceanfront services to the
2015
modify the system of assistance in the
homeless are assessed and
Oceanfront area to reduce the impact on
modified to maximize
area neighborhoods and increase
collaboration, efficiency and
coordination and effectiveness of services.
a reduction in
homelessness.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 20
Work with the VB Police Department to
VB Police
Non -enforcement outreach
April 2014
enhance non -enforcement outreach and
staffing is developed and
engagement efforts to homeless persons in
DHNP
assigned to work in
the Oceanfront area.
DHS
collaboration with DHNP
and DHS
Objective 2.3: Mobilize and support the coordination of community providers, volunteers and
institutions to create or strengthen networks that address critical components of the services system
such as chronic homelessness, homeless families or healthcare.
Action Steps
Lead
Benchmark
Date
Identify new and existing key networks as
DHNP
Key networks and members
2013
well as current and potential members of
identified.
each network.
DHS
DH
Develop a plan for each identified network
DHNP
Plans drafted and actions
2014
that defines the goals and activities of
begun. Key networks:
those networks in detail.
Family homelessness with
VB public school
participation; Oceanfront
homelessness issues;
Disconnected youth.
Objective 2.4: Ensure that the system reaches and effectively serves all those in need, including special
needs populations, using person -centered principles and practices.
Action Steps
Lead
Benchmark
Date
Expand and enhance outreach using
DHNP
32 individuals annually
2014
appropriate staffing and skills to reach
access housing and support
chronically homeless persons and families,
DHS
directly from the street.
individuals exiting institutions and nursing
homes, veterans, disconnected youth and
homeless vets annually
other special needs populations.
access VA benefits with
ac
80% accessing supportive
housing.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 21
Enhance existing and create new
BEACH CoC
Memoranda of Agreement
2016
partnerships with the corrections,
and other protocols
behavioral health, health and foster care
developed.
systems to prevent people being discharged
to homelessness. Include reviews of
discharge policies and pre -discharge
housing planning.
Assist persons experiencing homelessness
DHNP
Behavioral and physical
2016
and those at -risk to access all available
health services available as
behavioral and/or physical health services
DHS
needed.
for which they are eligible.
DH
Develop a plan to provide medical respite
DHNP
5 respite shelter beds
2017
shelter beds.
provided.
DH
Other health
stakeholders
Develop The Healing Place to serve the
The Planning
The Healing Place
2018
chronically homeless with substance abuse
Council
developed.
issues.
The Healing
Place, Inc.
Objective 2.5 Continually enhance the professionalism, effectiveness and accountability of the services
system.
Action Steps
Lead
Benchmarks
Date
Create a regional professional development
DHNP
Training program
March
curriculum that addresses key knowledge
launched.
2014
gaps, including housing -focused case
Hampton
management, outreach for special needs
Roads
populations and person -centered planning
Community
and support.
Foundation
The Planning
Council
City of
Norfolk
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 22
Develop a partnership, or contract, for an
DHNP
Agreement or contract in
June 2014
external monitoring/ evaluation process
place.
that provides regular, objective and data -
based analysis and evaluation of individual
programs and overall system performance.
Ongoing evaluation reports begin.
DHNP
Report developed,
December
reviewed and circulated.
2014
Objective 2.6: Provide appropriate shelter and survival assistance to ensure that the homeless are safe
and protected as they transition from homelessness to stable housing.
Action Steps
Lead
Benchmarks
Date
Implement Family Emergency Shelter Pilot
BEACH Family
Program operational.
March
Program.
Committee
2014
Create shelter beds for families and
DHNP
Shelter beds available at
2017
individuals in the Housing Resource Center.
Housing Resource Center.
Unsheltered homeless
decrease by a minimum of
2018
50%.
Expand the current faith -based Winter
DHNP
City Council approves
January
Shelter Program to a 12 month program on
funding to establish 12
2014
an interim basis, pending construction of
month program.
the Housing Resource Center.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 23
GOAL 3: MAINTAIN AND INCREASE THE SUPPLY OF, AND ACCESS TO, PERMANENT,
ACCESSIBLE AND AFFORDABLE HOUSING.
Objective 3.1: Continue to develop affordable housing units through new construction and conversion
of existing transitional housing to permanent housing, as determined by community needs.
Action Steps
Lead
Benchmarks
Date
Ensure completion of Crescent Square
Va. Supportive
80 efficiency apartments
March
Apartments.
Housing
for individuals built and
2015
occupied.
Facilitate completion of Baker Woods
Lawson
96 apartments for families
March
Apartments.
Company
built and occupied.
2015
Assess existing transitional housing and
BEACH CoC
Units converted to
2016
identify units appropriate for conversion to
permanent housing, as
permanent rental housing.
determined by assessment
Develop affordable housing in conjunction
DHNP
Permanent affordable
2018
with the Housing Resource Center.
housing developed.
Continue to work with regional and local
DHNP
80 additional SRO and other
2016
partners to develop SRO projects and other
affordable housing units
scattered site housing.
City of Norfolk
developed; re -assess need
to ensure supply is matched
to need.
Review the zoning and other housing-
DHNP
Review conducted and code
2015
related codes to identify barriers to
amendments made, as
affordable, accessible housing.
appropriate.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 24
Objective 3.2: Avoid losses of existing affordable housing units through ongoing review of rehabilitation
needs and financing and program requirements.
Action Steps
Lead
Benchmarks
Date
Conduct regular reviews of existing
DHNP
No net loss of affordable
Ongoing
affordable housing to identify and address
housing units.
deficiencies or potential loss of units.
Objective 3.3: Increase financial subsidies and other support for access to rental housing.
Action Steps
Lead
Benchmarks
Date
Explore use of TANF to support rapid re-
DHS
Review conducted.
June 2014
housing programs.
DHNP
Use HOME and other funds for temporary
DHNP
HOME and other funds
Ongoing
rental subsidies targeted to very -low
allocated.
income households and/or persons with
disabilities.
Ensure the availability of housing broker
DHNP
Housing broker services
2015
services to support rapid rehousing
established with regional
programs.
partners.
Identify a non-federal, ongoing source of
DHNP
Conduct research to
2014
funds for a short-term "Housing First"
identify sources.
program that helps potential renters
overcome one-time barriers to renting
existing market rate housing units.
Objective 3.4: Continue to create partnerships with non-profit and private sector housing developers for
development of affordable housing
Action Steps
Lead
Benchmarks
Date
Continue to provide financial support and
DHNP
Additional affordable
Ongoing
incentives to promote development of
housing units developed.
affordable housing.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 25
Encourage developer interest in affordable
DHNP
Increase in builder interest
Ongoing
housing development and workforce
in affordable housing
housing program.
Planning
development.
p
Promote private development of affordable
DHNP
Create and implement
2014
housing through outreach and education of
educational presentations
housing industry professionals
BEACH
for housing industry.
Ongoing
HR Housing
Consortium
Objective 3.5: Ensure an adequate supply of housing that is appropriate for special needs populations
Action Steps
Lead
Benchmarks
Date
Provide permanent supportive housing to
DHNP
Permanent supportive
2018
prevent and end chronic homelessness
housing units increase by
using Housing Choice vouchers when
120 units.
feasible and available.
Target permanent supportive housing to
BEACH CoC
Assessment criteria
August
frequent users of emergency shelters and
established that prioritize
2014
public institutions including mental health
Committee
housing for frequent users
facilities, hospitals, jails and prisons.
of services.
Provide opportunities for permanent
BEACH CoC
Tenants transition to
Ongoing
supportive housing residents to transition
community based housing.
to community based housing.
Committee
Increase scattered -site housing options in
DHNP
Relationships with private
2016
market rate units with supports provided in
landlords established.
the community or in the home.
DHS
Create and implement plans to address
DHNP
Plans developed
2015
permanent housing needs and funding for:
DHS
Funding identified
• disconnected youth
• very low-income families
BEACH
18 unaccompanied
• veterans and their families
Committees
homeless youth annually
access housing or family
• People discharged from prisons, health
reunification, as
care and mental health care facilities.
appropriate.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 26
Promote or incentivize inclusion of
DHNP
Increase in the number of
2014
Universal Design and visitibility features in
Lead
affordable, accessible units.
Date
affordable housing units.
DHNP
Research conducted and
2014
GOAL 4: DEVELOP SUSTAINABLE RESOURCES TO SUPPORT OUR ONGOING
COMMUNITY EFFORT.
Objective 4.1: Increase the availability of funding for proven assistance programs and new initiatives
that end homelessness.
Action Steps
Lead
Benchmarks
Date
Identify diverse and flexible funding that
DHNP
Research conducted and
2014
can respond to identified needs without
sources identified.
regard to program requirements such as a
Housing Investment Fund.
Integrate homeless funding with
DHS
Eligibility for mainstream
2014
mainstream resources such as TANF and VA
resources is determined at
benefits.
DHNP
assessment.
Develop and implement outcome -based
DHNP
Outcomes established to
August
funding requirements so that funding is
guide fund allocation.
2014
directed to the most effective programs.
Review feasibility of Social Impact Bonds.
DHNP
Develop a briefing paper for
2014
review by BEACH, city
agencies and Hampton
Roads Community
Foundation.
Support and participate in policy and
DHNP
State resources allocated to
2014 and
resource development initiatives at the
homelessness are
annually
state level to promote resources that will
maintained or increased
support plan objectives.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 27
Objective 4.2: Identify and obtain new non -monetary resources.
Action Steps
Lead
Benchmark
Date
Seek to establish social enterprises as part
BEACH
Programs initiated.
2018
of or in conjunction with the Housing
Resource Center and The Healing Place.
The Healing
Place, Inc.
Objective 4.3: Coordinate and increase resource development activities for homeless services in the
City, Region and State to ensure a net increase in available funding.
Action Steps
Lead
Benchmark
Date
Support the Virginia Beach fund raising
DHNP
$1 million raised in support
2016
effort for the Housing Resource Center
of the Center.
Exchange information about fundraising
Regional Task
Regular information
ongoing
plans and activities.
Force to End
exchange at meetings.
Homelessness
and BEACH
Implement collaborative fundraising
Regional Task
Grants developed and
ongoing
activities and grant applications, as
Force to End
submitted.
appropriate.
Homelessness
and BEACH
Seekto establish coordinated funding
DHNP
Grant requests are
2014
decision-making among regional funders to
coordinated and aligned
promote effective support of key programs
with system goals.
and to ensure that grant proposals align
with Virginia Beach system goals.
Support state -level efforts to stabilize or
DHNP
State funding is stable or
2014 and
increase funding for homelessness.
increased
annually
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 28
�IMPLEWENTATION, MONITORI.I
Successful implementation of this plan will require the participation of multiple partners who will be
engaged in a wide variety of service activities, policy development and program initiatives. An
appropriate governance structure will be necessary to coordinate and oversee plan efforts, review and
refine plan contents, evaluate results and develop the resources needed for the proposed actions. A
revised governance structure for BEACH that incorporates federal requirements as well as community
desires is under discussion and will be developed and approved in early 2014.
The hiring of a new Homeless Coordinator at the Department of Housing and Neighborhood
Preservation will provide enhanced support for all the functions of the system. An AmeriCorps volunteer
will also provide support for one year beginning in February 2014.
A monitoring, evaluation and reporting process will be necessary to measure progress and create
support for the ongoing work of the system. This evaluation process will also determine if changes are
needed to the plan to reflect goals completed or new initiatives and funding. Quarterly progress reports
will be developed and widely circulated. A more detailed annual review will be conducted using a
reviewer external to the system. This in-depth annual review will incorporate any needed amendments
to the plan. These activities are planned so that the first report will be provided in December, 2014.
An additional evaluation is conducted as part of the annual Continuum of Care funding process.
Agencies requesting renewal of existing grants will undergo a rigorous performance review to determine
if additional funding is warranted.
The evaluation process is informed by the quantity and quality of data collected on system activities. A
comprehensive and accurate Homeless Management Information System will be essential to the
evaluation process. This system will be significantly enhanced in the spring of 2014 when several local
systems will be merged into a regional Homeless Management Information system. Data and reporting
will be available on a regional basis allowing better coordination of services as well as improved
performance monitoring.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 29
APPENDIX 1 ACRONYMS AND GLOSSARY OF TERMS
APPENDIX 2 EXECUTIVE SUMMARY HOUSING CRISIS SYSTEM RESPONSE REPORT
PREPARED BY ORGCODE, INC.
APPENDIX 3 WEBSITE RESOURCES
Pion Elements to be Created Following Adoption:
Appendix 3: 6 page executive summary Housing Crisis System Report
Appendix 4: Maps of Our System: Participant contact map; funding map; inventories of housing,
organizations and programs
Other additions: Detailed sub -plans for system elements will be created as identified in the plan body.
Once created, these will be added to the plan as future appendices.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS PAGE 30
APPENDIX 1: ACRONYMS AND GLOSSARY OF TERMS
BEACH
Bringing an End to All City Homelessness is a Virginia Beach community -wide partnership between
citizens, faith, business, non-profit and city organizations working to address homelessness. A
committee of BEACH facilitates the Continuum of Care process.
Continuum of Care (CoC)
A collaborative, community funding and planning process for a range of housing and services addressing
the needs of homeless families and individuals. A grant application is submitted annually to the US
Department of Housing and Urban Development for funding to implement the community plan. The
group of community partners involved in this process is often referred to as the "Continuum of Care".
Chronic Homelessness
Refers to a family or individual who has been continually homeless for a year or more; or has had four or
more episodes of homelessness in the past 3 years.
Diversion from Homelessness
A strategy that prevents homelessness for people seeking shelter by helping them identify and access
alternative housing arrangements and supports. Diversion programs reduce the number of families and
individuals becoming homeless, the demand for shelter beds and the size of program wait lists.
DH
Virginia Beach Department of Health
DHNP
Virginia Beach Department of Housing and Neighborhood Preservation
DHS
Virginia Beach Department of Human Services
HEARTH
The federal Homeless Emergency Assistance and Rapid Transition to Housing Act, adopted in 2009,
requires significant changes in the way communities plan and deliver services. Communities must now
operate as a coordinated service delivery system rather than as a collection of individually funded
projects. Specific requirements include a coordinated assessment process, performance-based funding,
a focus on homeless prevention and permanent housing and an inclusive governance structure with
representation from all service providers, not just those receiving federal funding.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 31
Homeless Management Information System (HMIS)
A computerized data collection application that records and stores information on homeless individuals
and families who use residential or other homeless services.
Homeless Prevention
A program that diverts households from homelessness by providing targeted, limited assistance to
households who are likely to become homeless if not assisted.
Housing Affordability
The generally accepted definition, established by the US Department of Housing and Urban
Development, that a household pay no more than 30% of its annual income for housing.
Housing First
An approach to homeless assistance that provides immediate access to housing followed by the
supportive services that may be needed to foster long-term stability and prevent a return to
homelessness.
Housing Resource Center (HRC)
The Housing Resource Center will replace and expand upon the services currently offered at the
Lighthouse Center in Virginia Beach. The Housing Resource Center will serve as the focus for our
community's effort to end homelessness through coordination of intake, assessment, services and
referrals for families and individuals.
Currently in the planning stages, the Housing Resource Center will be located at 104 North Witchduck
Road with a projected completion date of fall 2017. Facilities and services will include day services and
emergency shelter for families and individuals. Permanent affordable housing will also be included on
the site.
Permanent Supportive Housing (PSH)
Permanent housing that is coupled with services intended to support housing stability and
independence. PSH is often targeted to those most at -risk of homelessness including individuals and
families with substance abuse issues, mental illness and other disabling conditions.
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 32
Point -in -Time Count (PIT)
A one day (24 hours), statistically reliable, unduplicated count of sheltered and unsheltered homeless
families and individuals within a defined geographic area.
Rapid Re -Housing
A service model designed to immediately return those who are losing or have lost their home back to
permanent housing as well as shorten the length of shelter stays.
Single Room Occupancy Housing (SRO)
Permanent multi -family housing that consists of efficiency apartments, often developed with supportive
services available to the tenants.
Universal Design
Universal Design is the design of products and environments to be useable by all people, to the greatest
extent possible, without the need for adaptation or specialized design.
Visitability
Refers to housing designed and constructed so that it can be occupied or visited by individuals with
mobility impairments. A home is visitable when it meets three basic requirements:
• One zero step entry
• Doors with 32 inches of clear passage space
• One bathroom on the main floor with sufficient maneuvering space (a rectangular space no less
than 30" by 48" is available adjacent to the tub or shower, the commode and the sink).
APPENDIX 2: EXECUTIVE SUMMARY OF HOUSING CRISIS RESPONSE SYSTEM REPORT
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 33
Apil 1=:e, 2
OUR Np"
�remrYw«
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
Contents
ExecutiveSummary............................................................................................
Acknowledgments..........................................................................................
Authorship......................................................................................................
1
7
8
Introduction...................................................................................................................................................... 9
Homelessnessin Virginia Beach.............................................................................................................10
The HEARTH Act and Its Impact on Homeless Service Delivery.................................................17
The Homeless Service Delivery System and What it Means for Virginia Beach ............................19
CommunityStrengths...............................................................................................................................
21
Crisis Response System I Current Reality 2013..................................................................................
23
The Emphasis on Housing with Supports in Community.................................................................
25
Strategic Priorities to Improve the Housing Crisis Response System ...................................................
29
What These Strategic Priorities Mean for Service Delivery in Virginia Beach .....................................
) 1
Amendment to Shelter Access and Services........................................................................................
31
Solution -Focused Outreach and Day Services.....................................................................................
31
Making the Most out of Prevention and Diversion Opportunities..................................................
32
Enhancing Access to Professional Resources and Professional Development ..............................
33
Setting Benchmarks to Monitor Improvements in the Crisis Response System ..................................
34
Conclusion......................................................................................................................................................
37
Appendices...................................................................................................................................................... 38
Appendix A: Approach to Engagement................................................................................................ 39
AppendixB: Glossary of Terms............................................................................................................ 41
Appendix C: Population Characteristics of Homeless Persons Surveyed.......................................44
Appendix D: Extensive Service Use by Homeless Respondents......................................................45
Appendix E: The Opportunities Presented by Having a
Centralized Facility Like the Housing Resource Center..................................................................... 46
Appendix F: Using the "4 A's" to Create a Clear Service Delivery Pathway ................................... 49
Appendix G: Possible Service Pathway from Point of Access
through to Success Service Intervention............................................................................................... 51
Appendix H: Rapid Re -Housing Triage Tool....................................................................................... 52
Appendix I: Detailed Actions for Strategic Priorities......................................................................... 53
Appendix J: Professional Development Agenda .................................................
Appendix K: Service Prioritization Decision Assistance Tool — SPDAT v3 ................................ 62
Endnotes......................................................................................................................................................... 63
WorksCited..................................................................................................................................................... 65
PAGE I I
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
Executive Summary
Over the course of a year, almost 1,000 different people make use of homeless services in Virginia
Beach'. At any single point in time, over 450 people experience homelessnessz. One in five is
chronically homeless3. In recent years, even with the downturn in the economy, the community has
seen slight decreases in the homeless population, but more work remains to be done.
Virginia Beach has a long-standing history of the faith -community, non-profit service providers,
government, and funders working together to address homelessness. Improving the Housing Crisis
Response System in Virginia Beach will require these groups to continue to work collaboratively,
while also collectively embracing some different approaches to service delivery. Federal requirements
are shifting because of compelling, applied research combined with demonstrated results in ending
homelessness. This will cause a significant change in practices within local communities like Virginia
Beach from those used in the past.
The Homeless Emergency Assistance and Rapid Transition to Housing Act (frequently known as
the HEARTH Act) was signed by President Obama in 2009. Moving forward, communities need to
demonstrate:
That they are functioning as a homeless delivery system, not as a collection of funded
projects. There is an expectation of interconnectivity across homeless services. This
expectation is to be realized through coordinated access and common assessment tools
across service providers.
That funding is allocated competitively with a strong emphasis on funding those service
providers with a proven record in working towards ending homelessness. Funding is
not "business as usual'; nor is it intended to ensure those service providers that have
always received funding continue to receive funding. Preference is to fund those service
providers most likely to decrease the length of time that people experience homelessness,
reduce recidivism (returns to homelessness), as well as meet a range of other prescribed
performance indicators.
That they have embraced "performance excellence" not just for specific service providers,
but for all service providers within the system of service delivery. Data are expected to
inform real-time decision-making about the availability of spaces in programs, as well as to
help inform strategic changes in the system.
Because of HEARTH, some changes in Virginia Beach are required.
Homeless service delivery has developed organically in the community over time. There are
multiple ways in which an individual or family that is homeless may try to access services, and no
comprehensive way of managing or monitoring this work. As a result, the organization of services
may be best described as well intentioned, but fragmented and inefficient.
PAGE 1 1
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
Finally, the performance expectations that HEARTH places on communities exceed the current
data analysis and program -monitoring infrastructure within Virginia Beach. One of the changes
that HEARTH requires is increased personnel and expertise to capture, analyze and report out on
homeless service delivery data. Not doing so may place almost $1.4 Million in funding for local
homelessness programs at risk.
It would be inaccurate to think all of the changes necessary in Virginia Beach are solely a result of
the HEARTH Act. Improving the Housing Crisis Response System in the community also means
embracing proven practices to service delivery that are not readily practiced throughout homeless
services in the community. As outlined in detail in this report, there is a compelling volume of
research that proves getting people into housing as the first step in a service intervention and then
supporting them in that housing gets better long-term housing outcomes and costs much less than a
"treatment first" or compliance- based approach to service delivery. The proven practices, supported
by compelling academic literature, turns on end quite a bit of traditional thinking when it comes to
homeless service delivery. What this means for Virginia Beach is:
As the first step in re -orienting the system, service delivery must be focused on people who
are experiencing the most acute, complex needs. Their needs will be determined through
evidence -informed assessment rather than a "first come, first served" approach or "gut
instinct" feelings about who might be successful in any particular program. Across all of
the services in Virginia Beach, there must be coordinated access and common assessment
protocols to enable meaningful triage based on needs.
Shelters should be oriented toward short-term emergency use where people are supported
to get out of shelters as quickly as possible, into housing. Currently, there is significant
programming offered within shelters. The offer of programming to people experiencing
homelessness has to change because it has the unintended consequence of keeping people
homeless longer—research shows that having quick access to housing with supports
produces better long-term outcomes and is less costly.
• Neither sobriety not active engagement with mental health services are compulsory
conditions for people to gain access to housing with supports. Research supports that
problematic substance use and mental health are likely to improve once in housing, and that
people who are housed first will stay housed longer than those expected to get treatment or
access mental health assistance as a pre -condition to being housed.
• Street outreach and day services can focus increasingly on directly housing people rather than
having homeless people work through a continuum of services first. People do not need to
move from the street or day center to a shelter, from a shelter to transitional housing, and
from transitional housing into permanent housing. People can move directly into permanent
housing when provided the right supports relative to their needs.
• Supplementing the current network of service delivery agents with additional professional
development opportunities, as well as making more professionals available to assist with
behavioral health and intensive case management.
PAGE 1 2
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 'LU1S
• Carefully and respectfully considering the barriers that are in place that make it difficult for
often very vulnerable and marginalized persons from accessing services because of the likes
of behavior, substance use, criminal record, or propensity for violence. From the increased
awareness of barriers, service delivery needs to focus more on reducing risks and providing
emotional and physical safety to everyone instead of barring services to some people.
Realizing the opportunities to improve the lives of people who are homeless, decrease costs
associated with homelessness, leverage strengths of service providers, and provide a more efficient
and effective Housing Crisis Response System, means working hard to implement actions across
four strategic priorities. These strategic priorities and associated goals are:
I. Build a Systems Approach to Ending Homelessness
With Clear Leadership & Accountability
Goal: Create a "systems of care" approach to ending homelessness with public and private
systems working collaboratively, with clear leadership and accountability.
II. Enhance the Crisis Response System
Goal: Create an effective crisis response system that works to divert people from homelessness
when appropriate, and rapidly returns people experiencing a housing crisis back into housing.
III. Increase Access to Appropriate Housing Options
Goal: Increase access to market and permanent supportive housing sufficient to rapidly re -house
homeless individuals, families, and youth, as well as meet the housing and support needs of
individuals and families with higher acuity.
IV. Ensure That Needs of Special Populations Are Met
Goal: Create a comprehensive array of services and housing for the needs of special
populations, including the subpopulations of unaccompanied youth, veterans, rough -sleeping
chronically homeless people, and families.
Getting to the desired future state of a highly effective homeless service delivery system where
these strategic priorities are met will come with appropriate professional development and training
for those that labor in the homeless delivery sector. These professional development opportunities
need to be made available to volunteers and paid staff within service organizations. Furthermore,
additional professionals to assist frontline volunteers and workers in the field will be of great
assistance in seeing results with the strategic priorities.
Virginia Beach has considerable strengths that can be leveraged to make the changes necessary to
improve the Housing Crisis Response System. The improvements recommended in this report
do not constitute "throwing the baby out with the bath water". Instead, the process of making
improvements to the Housing Crisis Response System builds upon decades of hard work and
lessons learned, existing partnerships, a strong record of developing housing, and an understanding
of the needs of subpopulations like youth, single parent, female -led families and veterans.
PAGE. 13
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, ZU13
This report is not a list of "nice to haves" for the Virginia Beach homeless services continuum.
Through thoughtful analysis, the report attempts to maximize existing resources by using them in
new ways or redirecting their focus. There is no expectation that millions of dollars in new funds will
suddenly appear to realize the improvements in the Housing Crisis Response System.
The dominant approach to service delivery in Virginia Beach is not currently geared towards helping
all homeless people gain quick access to housing. For example, over time, programs in shelters
have been developed that provide sober -living arrangements, access to employment training and
education and life -skills classes. This programming has created two unintended consequences: 1)
vulnerable people who use alcohol or other drugs are left disconnected from shelter services and
predominately live outdoors; and, 2) people who gain access to a shelter with this intensive amount
of programming stay homeless for a longer period of time.
No homeless and housing service delivery can change overnight. Attempts to do so would be far
too disruptive to the homeless people that the services aim to assist and to the many organizations,
staff and volunteers that provide the assistance. As a compendium to this document, there is an
Implementation Plan which outlines the sequence of activities necessary to realize the changes
outlined for the Housing Crisis Response System.
Improvements to the Housing Crisis Response System come with considerable accountability. A
series of metrics are outlined in this report that will help track the intended changes to the service
delivery system. The metrics also provide a blueprint for what the community can expect to achieve
related to the HEALTH Act performance indicators. Overall, by following the recommended
improvements to the Housing Crisis Response System, Virginia Beach can expect to see:
• Reductions in the number of homeless people sleeping outside
• More chronically homeless people accessing housing with the supports they need to stay
housed
• A reduction in the number of unique individuals accessing shelter each year
• More permanent supportive housing for those individuals and families that have more
complex needs and require a higher level of support to stay housed
• More homeless veterans accessing the resources
• Fewer people becoming homeless and fewer people experiencing repeated episodes of
homelessness in the future
• Homeless and disconnected youth better connected to services that can resolve their housing crisis
• Decreased length of time a household spends in a homeless shelter
• More people diverted from shelter services back to friends and family in their natural support network
Achieving these results requires shared accountability across the community. Achieving these
results is not something a Continuum of Care, funder, City Government, faith -group or service
provider can do on their own. The collective will of the community will be required to make the
improvements to the Housing Crisis Response System a reality.
PAGE 1 4
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
In summary, there are nine (9) overriding recommendations that have resulted from the Housing
Crisis Response System Study. These are outlined in the table below and cross-referenced to the
requirements of the HEARTH Act as well as to best practices in other communities.
Virginia Beach Housing Crisis Response System (CRSS) Summary of Recommendations
PAGE 1 5
Best Practice Reference/
Recommendation Requirement
1. Create a system of care, Communities are required to See Endnote 7.
with clear leadership and organize services and offer services
accountability. as a system rather than a collection
of programs.
2. Divert people from
Communities are expected to
See Endnotes 27, 28.
homelessness when
decrease first-time homelessness.
appropriate and possible to
do so.
3. Orient shelters to short-term
• A reduction in length of time
Cost benefit and service outcomes
use that focus on getting
homeless is expected.
of housing orientation —
people out of shelter and into
Endnotes 17, 22, 23, 24, 25, 26.
housing.
4. Implement coordinated access
• Coordinated access and common
See Endnotes 14, 15.
and common assessment
assessment is a requirement of the
across the service delivery
HEARTH Act.
system, using evidence, and
focusing on those with the
most acute needs first.
5. Focus on housing access in
A reduction in length of time
See Endnotes 17, 22, 23, 24, 25,
all program areas, including
homeless and reductions in returns
26.
street outreach, rather than
to homelessness, are both expected.
a continuum approach. In
addition, implement Housing
First and Rapid Re -housing
services
6. Enhance professional
Without professional development
development opportunities
opportunities, service providers are
and increase the number of
unlikely to successfully implement
professional resources available
key HEARTH requirements like
to help service providers.
coordinated assessment, nor will
the practice of Housing First and
Rapid Re -Housing be as successful
as the evidence suggests it can be.
PAGE 1 5
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
PAGE 1 6
Best
Recommendation HEARTH Act Requirentelit Additional Rationale
Reduce barriers to service See Endnotes 17, 21, 22, 23, 24,
access especially as it relates to 25, 26.
substance use, criminal record,
propensity for violence, and/
or, behavior, as these are not
proven, pre -determinants for
success in housing.
5. Address the service
Throughout the project the needs
gaps experienced by
of some sub -populations emerged
subpopulations.
as more acute than others in the
current service delivery framework.
These included veterans, youth,
families, and chronically homeless
persons living outside.
See Endnotes 1, 2, 3, 4 5.
9. Consider taking advantage of
\ [any of the Works Cited in this
the opportunity to develop
CRSS report invokes the need for a
a Housing Resource Center
comprehensive "system" approach
(HRC) as part of the "system"
as a proven methodology to end
approach to a complete
homelessness in communities.
housing solution that serves
the needs of clients with the
highest acuity through to
See Endnotes 15, 16, 29.
prevention: those individuals
and families at risk of losing
their housing or precariously
housed.
PAGE 1 6
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
ACKNOWLEDGMENTS
This report was made possible because of the financial contribution of the Hampton Roads
Community Foundation.
The authors wish to thank City of Virginia Beach staff for providing access to data and information
on homeless service delivery, both current and historic. The authors further wish to thank the non-
profit service providers, faith -based groups, government officials, school employees, and others that
provided input and perspectives related to this project.
There were five meetings of the Guidance Committee during this project. The Guidance Committee
is composed of the following people:
• Andrew M. Friedman, Director of Housing and Neighborhood Preservation, City of
Virginia Beach
• Tim McCarthy, Chair BEACH Community Partnership
• Katrina Miller -Stevens, Assistant Professor, ODU
• Sarah Paige Fuller, Former Director, Norfolk Office to End Homelessness, Director,
Community Services Board
• Bill Reid, COO, United Way of SHR
• Shernita Bethea, Housing/Human Services Administrator, Hampton Roads Planning District
Commission
• Terry Jenkins, Community Leader
• Suzanne Puryear, President, The Planning Council
• Leigh Davis, Director, Hampton Roads Community Foundation
The authors also presented an overview of the study to the Steering Committee members:
• Louis Jones, Vice Mayor, City of Virginia Beach
• Dr. Deborah DiCroce, President & CEO, Hampton Roads Community Foundation
• John Malbon, Board Member, Hampton Roads Community Foundation
We appreciate the guidance and feedback provided by both the Guidance Committee and the
Steering Committee.
In a very special and heartfelt way, the authors also wish to express tremendous gratitude to the
81 people experiencing homelessness that were interviewed for this study. The voice of these
individuals, unfiltered through others, is exceptionally valuable input into how best to improve the
Housing Crisis Response System in Virginia Beach.
PAGE.
HOUSING CRISIS RESPONSE SYSTEM STUDY APRIL 16, 2013
AUTI30RSI IIP
This report was authored by OrgCode Consulting, Inc. Research, analysis, writing, interviewing, fact -
checking, editing and community engagement was undertaken by:
• Iain De Jong, President & CEO
• John Whitesell, COO & Founding Partner
• Ali Ryder, Planning Associate Lead
• Gwen Potter -King, Planning Associate
• Kieran Williams, Planning Associate
• Pawel Nurzynski, Planning Associate
An outline of the approach to engagement with community members used by the authors in the
preparation of this report is outlined in Appendix A: Approach to Engagement.
PAGE 1 8
APPENDIX 3: WEBSITE RESOURCES
2013 Virginia Beach Point -in -Time Count
www.vbgov.com/2013-PIT-Count
BEACH
www.beach-cp.org
Federal Strategic Plan to Prevent and End Homelessness
www.usich.gov/opening doors/
Virginia Beach Department of Housing and Neighborhood Preservation
www vbgov com/government/departments/housing-neighborhood-preservation
Virginia Coalition to End Homelessness
www.viceh.org
National Alliance to End Homelessness
www.naeh.org
VIRGINIA BEACH STRATEGIC PLAN TO END HOMELESSNESS Page 34
O < r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Support the City's Applications for the FY 2014-15 Virginia
Department of Transportation (VDOT) Transportation Alternatives Program
(TAP)
MEETING DATE: October 22, 2013
■ Background: On July 6, 2012, the new transportation bill "Moving Ahead for
Progress in the 21st Century" (MAP -21) was signed into law. MAP -21 established the
Transportation Alternatives Program (TAP) which combined several programs including
the prior Transportation Enhancement (TE) program, the Recreational Trails program
and the Safe Routes to School (SRTS) program. The TAP funding focuses on providing
funding for pedestrian and bicycle facilities, community improvements and mitigating the
negative impacts of the highway system. This program provides Federal funding for an
80/20 match up to $1 Million.
The following five (5) projects have been identified as candidates for this funding:
1. Buckner Boulevard Shared -Use Path — This project will provide a 10 -ft wide
shared -use path along the south side of Buckner Boulevard from Rosemont Road to
the western intersection of Rica Drive, a distance of approximately 0.6 miles. The
path will tie in to an existing sidewalk that connects to Tidewater Community College
at Student Avenue. A new crosswalk will be constructed on the south side of the
Rosemont Road/Buckner Boulevard intersection. The shared -use path will be
located within the existing right-of-way. This project will greatly improve safety for
pedestrians and bicyclists. The Total Project Cost is approximately $670,000. The
City will provide the 20% match ($134,000) and request the remaining 80%
($536,000) in TAP funds.
2. Shore Drive Shoulder Widening for On -Road Bike Facility — This project will
provide a 4 -ft wide paved shoulder along both sides of Shore Drive from Diamond
Springs Road to Greenwell Road, a distance of approximately 3.5 miles. The design
includes adding 4 -ft of paved shoulder to each side of the existing pavement where
there is currently grass or gravel shoulders, and 5 -ft of paved shoulder where
guardrail exists. The shoulder will be located within the existing right-of-way. This
project will greatly improve safety for bicyclists traveling Shore Drive. This project will
be constructed in phases. Phase I will include the design of the shoulder for both
sides of the road and construction of the eastbound shoulder. The Total Project
Cost for this phase is $1,179,080. The City will provide the 20% match ($235,816)
and request the remaining 80% ($943,264) in TAP funds. The City will request
funds for Phase II, which includes construction of the westbound shoulder, in the
next TAP funding cycle.
3. Greenwell Road Shared -Use Path/Sidewalk — This project will provide an 8 -ft wide
asphalt path along the west side of Greenwell Road from First Court Road to Delco
Road and a 5 -ft wide concrete sidewalk from Delco Road to Shore Drive, a total
distance of approximately 0.5 miles. The asphalt path will tie in to an existing
asphalt path that connects the Bayside Recreation Center. This project includes
piping the existing ditch, new curb and gutter, tree removal and driveway
replacement. The asphalt path and concrete sidewalk will be located within the
existing right-of-way. This project will greatly improve safety for pedestrians
traveling to the recreation center. The Total Project Cost is approximately $415,000.
The City will provide the 20% match ($83,000) and request the remaining 80%
($332,000) in TAP funds.
4. Cypress Avenue and Mediterranean Avenue Sidewalks — This project will
provide a 5 -ft wide concrete sidewalk along the west side of both Cypress Avenue
and Mediterranean Avenue from 22nd Street to 24th Street, a total distance of
approximately 0.26 miles. Both concrete sidewalks will tie in to existing sidewalks
along 24th Street that connects to Virginia Beach Middle School. This project
includes piping the existing ditch, new curb and gutter, tree removal as well as
driveway replacement. The concrete sidewalks will be located within the existing
right-of-way. This project will greatly improve safety for pedestrians traveling to
Virginia Beach Middle School. The Total Project Cost is approximately $538,000.
The City will provide the 20% match ($107,600) and request the remaining 80%
($430,400) in TAP funds.
5. Kendall Street Sidewalk — This project will provide a 5 -ft wide concrete sidewalk
along the west side of Kendall Street from Admiral Drive to the Cape Henry Trail
and a 5 -ft wide concrete sidewalk along the east side of Kendall Street from the
Cape Henry Trail to Shore Drive, a total distance of approximately 0.2 miles. This
project includes accessible curb ramps, tree removal as well as driveway
replacement. Right-of-way will be required from the state park. This project will
greatly improve safety for pedestrians traveling to Shore Drive to access the Beach.
The Total Project Cost is approximately $305,000. The City will provide the 20%
match ($61,000) and request the remaining 80% ($244,000) in TAP funds.
■ Considerations: The Transportation Alternatives Program is not a grant
program and funds are only available on a reimbursement basis. The program requires
that localities must first incur the expenses and then request reimbursement. In addition,
the locality must provide a 20% match.
■ Public Information: Public information will be handled through the normal
Council Agenda process.
■ Alternatives: Without the TAP funding from VDOT, these projects would remain
in the Traffic Safety Improvements (TSI) program and be designed and constructed as
funds become available.
■ Recommendations: Adopt the resolution to support the City's Application for
the FY 2014-15 Virginia Department of Transportation, Transportation Alternatives
Program and authorize the City Manager to enter into any necessary agreements for
project development and construction.
■ Attachments: Location Map, Resolution
Recommended Action: Approval
Submitting Department/Agency: Public Works Engineering A -L
City Manager: 0 1 c)CV,\
1 A RESOLUTION TO SUPPORT THE CITY'S
2 APPLICATIONS FOR THE FY 2014-15 VIRGINIA
3 DEPARTMENT OF TRANSPORTATION (VDOT)
4 TRANSPORTATION ALTERNATIVES PROGRAM
5
6 WHEREAS, the City of Virginia Beach is eligible to submit applications through
7 the Virginia Department of Transportation Fiscal Year 2014-15 Transportation
8 Alternatives Program providing pedestrian and bicycle facilities; and
9
10 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in
11 federal pass-through funding and must provide the remaining 20% local match for each
12 project; and
13
14 WHEREAS, the City's has identified five high-priority projects as candidates for
15 this funding.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 1. That the City of Virginia Beach City Council hereby supports the following
21 applications totaling $3,107,080, with $2,485,664 in federal funding and the remaining
22 $621,416 in local funds.
23
24 a. A total of $670,000 for the Buckner Boulevard Shared -Use Path, with
25 $536,000 from federal funds and $134,000 in local funds.
26 b. A total of $1,179,080 for the Shore Drive Shoulder Widening form On -
27 Road Bike Facilities, with $943,264 in federal funds and $235,816 in local
28 funds.
29 c. A total of $415,000 for the Greenwell Road hared -Use Path/Sidewalk,
30 with $332,000 in federal funds and $83,000 in local funds.
31 d. A total of $538,000 for the Cypress Avenue and Mediterranean Avenue
32 Sidewalks, with $430,400 in federal funds and $107,600 in local funds.
33 e. A total of $305,000 for the Kendall Street Sidewalk, with $244,000 in
34 federal funds and $61,000 in local funds.
35
36 2. That the required matching funds will be provided from within capital
37 project appropriations -to -date.
38
39 3. That the City Manager is hereby authorized to execute on behalf of the
40 City of Virginia Beach all necessary project agreements for project development and
41 construction.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services
CA12809
R-2
October 10, 2013
1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Authorize the Acceptance
Property Located on Lynnhaven Parkway
Drive (GPIN 1465-53-3133), in Fee Simple,
Association.
MEETING DATE: October 22, 2013
of a Dedication of 0.658 acres of
Near the Intersection of Stewart
from the Lake Christopher Homes
■ Background: The Lake Christopher Homes Association (the "HOA") owns an
unimproved parcel of land located near the intersection of Lynnhaven Parkway and
Stewart Drive (GPIN: 1465-53-3133) (the "Property"). The developer of Lake
Christopher dedicated the Property to the HOA in 1979.
The residents of the neighborhood want to divest themselves of the Property because it
is rarely used. On May 31, 2013, the president of the HOA contacted the City of Virginia
Beach (the "City") about dedicating the Property to the City. The City would maintain the
Property as open space.
The Commonwealth of Virginia owns six residential parcels adjacent to the Property. It
is the City's policy to request that VDOT convey rights-of-way and remnants of unused
property to the City upon completion of road projects. The HOA will retain another
neighborhood open space parcel of land located on the opposite side of Lynnhaven
Parkway.
■ Considerations: The HOA has agreed to dedicate the Property to the City.
■ Public Information: Advertisement of City Council's Agenda.
■ Alternatives: Decline the proposed dedication.
■ Recommendations: Approval
■ Attachments: Ordinance
Location Map
Recommended Action: Approval
Submitting Department/Agency: Deputy City Manager / Public Works mp
City Manager: V,,� ,g. a'I'k't
1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE
2 OF A DEDICATION OF 0.658 ACRES OF PROPERTY
3 LOCATED ON LYNHHAVEN PARKWAY NEAR THE
4 INTERSECTIN OF STEWART DRIVE (GPIN: 1465-53-
5 3133), IN FEE SIMPLE FROM THE LAKE
6 CHRISTOPHER HOMES ASSOCIATION
7
8 WHEREAS, Lake Christopher Homes Association (the "HOA") owns 0.658 +/- acres
9 of property located on Lynnhaven Parkway, near the intersection of Stewart Drive (the
10 "Property");
11
12 WHEREAS, the HOA, has offered to dedicate the Property to the City of Virginia
13 Beach; and
14
15 WHEREAS, the Department of Parks and Recreation has determined that the
16 Property will further the recreational needs of the City and that the Property will remain as
17 open space.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 1. That the City Council authorizes the acceptance of the dedication of
23 the Property by the Lake Christopher Homes Association to the City of Virginia Beach by
24 Deed of Dedication.
25
26 2. That the City Manager or his designee is authorized to execute all
27 documents that may be necessary or appropriate in connection with accepting the
28 dedication of the Property, so long as such documents are acceptable to the City Manager
29 and in a form deemed satisfactory by the City Attorney.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
32 , 2013.
CA12745
PREPARED: October 7, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Donate Four Boats to the Sister Cities Association of Virginia
Beach, Inc., for the City of Olongapo, Philippines
MEETING DATE: October 22, 2013
■ Background: Sister Cities International is a diplomacy network that creates
and strengthens partnerships between U.S. and international communities. By building
global cooperation at the municipal level, Sister Cities promotes cultural and business
understandings. For the City of Virginia Beach, the Office of the City Clerk provides the
point of contact with regard to this program. Virginia Beach's Sister Cities include Moss,
Norway, Miyazaki, Japan, and North Down Borough Council (Bangor), Northern Ireland.
The City of Olongapo, Philippines, is a "friendship city," which is a step in the process
toward becoming a sister city. This city is located in a low-lying part of the Philippines,
and it would benefit from the use of any boats that the City is willing to donate.
The Virginia Beach Department of Public Works has identified four vessels that the
department is in the process of replacing. Representatives from Olongoapo indicate
that making repairs to the identified vessels is not an undue burden. The Sister Cities
Association of Virginia Beach has agreed to serve as a partner in the donation.
■ Considerations: Planning for the transport of the four boats should not involve
any direct costs to Virginia Beach. This transport will be a joint effort of the
Commonwealth of Virginia, through Delegate Villanueva, the U.S. State Department,
and the Ambassador of the Phillippines.
■ Public Information: Advertisement will be as part of the City Council agenda.
■ Attachments: Ordinance; Four Information Sheets (one for each boat)
Requested by Councilmember Wood
REQUESTED BY COUNCILMEMBER WOOD
1 AN ORDINANCE TO DONATE FOUR BOATS TO THE
2 SISTER CITIES ASSOCIATION OF VIRGINIA BEACH,
3 INC., FOR THE CITY OF OLONGAPO, PHILIPPINES
4
5 WHEREAS, the Sister Cities Association of Virginia Beach, Inc., seeks to foster
6 international understanding, friendship, and cooperation through the forging of
7 continuing relationships and the promotion of people -to -people exchanges between
8 Virginia Beach and its sister cities; and
9
10 WHEREAS, the City of Olongapo, Philippines, is currently a "friendship city,"
11 which is a step in the process toward becoming a sister city; and
12
13 WHEREAS, the City of Virginia Beach has identified four boats that it is in the
14 process of replacing; and
15
16 WHEREAS, the City of Olongapo is willing to undertake any needed repairs
17 required by the four boats; and
18
19 WHEREAS, the transport of the boats will be a partnership between
20 Commonwealth of Virginia, through Delegate Villanueva, the U.S. State Department,
21 and the Ambassador of the Philippines;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That four boats — a Boston Whaler, 2 Rigid -Hulled Inflatable Boats, and a Dredge
27 Skiff — are hereby donated to the Sister Cities Association of Virginia Beach, Inc., for the
28 City of Olongapo, Philippines.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2013.
APPROVED AS TO LEGAL SUFFICIENCY:
l
Cit me ffice
CA12813
R-1
October 11, 2013
2007 Mercury Rib Boat Model DR490
H u 11# PTVALC0499 D707
With 1998 Mercury 50HP Model 50ELPTO
Serial # OG674279
1987 Long Trailer
Vin# 1LGAEAM12H1D02495
Estimated Value $6000
1995 17' Hurricane Model 500
Hull#XDC53340J495
With 2003 Mercury 75HP
Serial # OT733231
2009 EZLoader Trailer Model EZL90B
Vin# 1ZEAAEKBX9AO01433
Estimated Value $6500
z y.
1996 Boston Whaler 24' Justice
Hull # BWCLA057E696
Twin 2003 225 Mercury Optimax outboards
Serial numbers OT818039 Model ME225XL
OT818038 Model ME225CXL
1996 Magic Tilt Trailer Model TMCV2224
Vin# 1MSDLPW28T1087511
Estimated Value of $12500
A.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Granting a Franchise Agreement to Scrambled, Inc. for an Open
Air Cafe in the Resort Area
MEETING DATE: October 22, 2013
■ Background: By resolution adopted November 15, 1985, City Council
authorized the City Manager to promulgate Open Air Cafe Regulations, which have
been amended from time to time, for the operation of open air cafes on public property.
The City has developed a franchise agreement for the regulation of open air cafes,
which the grantees are required to execute as a condition of the grant. The City Council
has traditionally granted initial franchises for one-year terms. If an open air cafe is
successfully operated during the initial one-year term, the franchisee may return to
Council upon the expiration of the one-year term and request a five-year franchise
agreement.
■ Considerations: Scrambled, Inc., is seeking a one-year franchise agreement
for an Atlantic Avenue Sidewalk Cafe at 910 Atlantic Avenue. The franchise agreement
will expire on April 30, 2014, so as to be consistent with other franchise agreements
awarded by the City.
■ Public Information: A public notice was published in The Beacon on October
13, 2013 and October 20, 2013.
■ Attachments: Ordinance, Summary Sheet
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Strategic Growth Area Office,
City Manager: .(J • U"
i
2013 OPEN AIR CAFE FRANCHISE SUMMARY SHEET
ONE-YEAR TERM
Scrambled, Inc., for operation of an Atlantic Avenue Sidewalk Cafe at 910
Atlantic Avenue.
1 AN ORDINANCE GRANTING A FRANCHISE
2 AGREEMENT TO SCRAMBLED, INC. FOR AN OPEN
3 AIR CAFE IN THE RESORT AREA
4
5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized
6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended
7 from time to time, for the operation of open air cafes on public property; and
8
9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic
10 Avenue between 15th and 24th streets; and
11
12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot
13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between
14 20th and 23rd Streets; and
15
16 WHEREAS, based upon the success of the pilot program, Council adopted an
17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between
18 15th and 20 Streets; and
19
20 WHEREAS, the City Council has traditionally granted initial franchises for one -
21 year terms; and
22
23 WHEREAS, if an open air cafe is successfully operated during the initial one -
24 year term, the franchisee may return to Council and request a five-year franchise
25 agreement; and
26
27 WHEREAS, Scrambled, Inc., is seeking a one-year franchise agreement for an
28 Atlantic Avenue Sidewalk Cafe at 910 Atlantic Avenue; and
29
30 WHEREAS, the franchise agreement will expire on April 30, 2014, so as to be
31 consistent with other franchise agreements awarded by the City; and
32
33 WHEREAS, the Strategic Growth Area Office recommends that the above -
34 named entity be granted an open air cafe franchise agreement.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH:
38
39 That the City Council hereby grants a one-year franchise agreement to
40 Scrambled, Inc., for operation of an Atlantic Avenue Sidewalk Cafe.
Adopted by the City Council of Virginia Beach, Virginia on this day of
.2013.
APPROVED AS TO CONTENT:
AX e_
Strategic Growth Area Office
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
Int aL�i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia
Department of Transportation to CIP 2-409 - Centervi;le Turnpike - Phase II to
Provide Roadway Enhancements
MEETING DATE: October 22, 2013
■ Background: The General Assembly continued the VDOT Revenue Sharing
Program for FY 2013-14. The City applied for and received $10M for the Centerville
Turnpike Phase II (CIP 2-409) project.
The Centerville Turnpike — Phase II (CIP 2-409) project includes construction of a four -
lane divided roadway within a 130 -ft right-of-way from Indian River Road to Kempsville
Road, a distance of 1.85 miles. Improvements will be made at the Indian River Road
intersection, including triple left turn lanes onto Indian River Road from Centerville
Turnpike. In addition, this project will include sidewalk, on -street bicycle facilities, and
landscaping.
This project will relieve congestion in the Centerville area. The existing two lane
roadway carries 20,430 vehicles per day (2012) with a capacity of 12,500 vehicles. It
has a projected volume of 43,000 vehicles by the year 2034. This corridor is ranked #3
out of 60 in the 2011 Technical Ranking of Congested Roadway Segments list. The
Centerville Turnpike — Phase II project is currently scheduled for to construction start in
June 2017, however, with the revenue sharing funding, construction start will be
advanced to July 2016.
■ Considerations: The Revenue Sharing Program provides a major source of
State transportation funding for the City. Localities compete for a maximum annual
allocation of $10 million, with a requirement that the locality contribute a share equal to
the award amount. There is sufficient local funding in the Centerville Turnpike — Phase
II (CIP 2-409) project to satisfy our required match.
■ Public Information: Public information will be provided through the normal City
Council agenda process. In addition, a public meeting will be held for this project
through the normal public involvement process. A public hearing was advertised in The
Beacon on October 13, 2013.
■ Attachments: Map, Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Public Works yp�
City Manager:
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AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
FUNDING FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO CIP 2-409 — CENTERVILLE
TURNPIKE — PHASE II TO PROVIDE ROADWAY
ENHANCEMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $10,000,000 is hereby accepted from the Virginia Department of
Transportation Revenue Sharing Program and appropriated to Capital Project # 2-409,
"Centerville Turnpike — Phase II," to provide construction of a four -lane divided roadway,
intersection improvements, sidewalk enhancements and on -street bicycle facilities.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services City t ey' Office
CA12810
R-2
October 10, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds from FEMA for the Continued
Operation of the Virginia Task Force 2 Urban Search and Rescue Team and to
Approve 2.25 Grant -Funded FTEs
MEETING DATE: October 22, 2013
■ Background: The Federal Emergency Management Agency, the emergency
preparedness branch of the Department of Homeland Security, provides funding for
Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports
personnel costs, equipment and supplies, facility leasing, training and travel necessary
to maintain the team at an expected level of response capability and state of readiness.
The City of Virginia Beach is the sponsoring agency for VA-TF2.
M Considerations: FEMA has awarded $1,195,154 to VA-TF2 for support of
ongoing expenses for an eighteen month period from October 1, 2013 through March
31, 2015. The grant does not require a local match. FEMA provides annual funding at
levels necessary to maintain current programs as well as funding to expand team
capabilities to meet new threats at a heightened state of readiness. This annual
preparedness grant provides funding for 2.25 FTEs including one full-time position
(Account Clerk) and two part-time positions (Training Manager and Logistics Manager —
Total of 1.25 FTE). These positions do not now appear in the Adopted FY 2013-14
Operating Budget that Council adopted May 14, 2013, but are re -affirmed through
acceptance and appropriation of the FEMA Cooperative Agreement grant. The grant
also funds 70% of the FEMA Program Manager position.
Also, the grant provides funding for the continuation of facility lease and expenses,
replacement of equipment and supplies, training, formal exercise and travel expenses.
The program has reached a point where this level of funding is critical to its continuity as
a viable program. Both personnel and equipment resource demands have far exceeded
the capacity of the sponsoring agency to cover support costs. FEMA assistance of this
magnitude is necessary to maintain VA —TF2 at required performance levels.
■ Public Information: Public information will be coordinated through the normal
agenda process.
N Recommendation: Adopt the attached budget amendment.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Department
City Manager: r'1W "� • 1d L
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM FEMA FOR THE CONTINUED
OPERATION OF THE VIRGINIA TASK FORCE 2
URBAN SEARCH AND RESCUE TEAM AND TO
APPROVE 2.25 GRANT FUNDED FTES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1) Funds are hereby accepted from the U.S. Department of Homeland Security,
Federal Emergency Management Agency for the FY 2013-14/2014-15
Cooperative Agreement Grant for continued operation of the Virginia Task
Force 2 Urban Search and Rescue Team in the amount of $1,195,154, and
appropriated, with estimated federal revenues increased accordingly to the
FY 2013-14 Operating Budget of the Fire Department.
2) That 2.25 positions, including one full-time position (Account Clerk) and two
part-time positions (Training Manager and Logistics Manager totaling 1.25
FTE'S), are approved in the FY 2013-14 Operating Budget of the Fire
Department, provided, however, that these positions are conditioned upon
continued grant funding for the duration of the grant.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Budget and Management Se ices -
CA12806
R-2
October 10, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
Atto-wre0wVffice
sz,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Hazard Mitigation Grant Funds to
Capital Improvement Project #6-501, Auxiliary Power Program -Sewer Pump
Stations — Phase III
MEETING DATE: October 22, 2013
■ Background: The Department of Public Utilities operates and maintains 406
sanitary sewer pump stations. Fifty stations have permanent emergency generators to
provide back-up power when needed and another 199 stations are equipped with
automatic and manual power transfer switches — otherwise known as quick connects —
which allow a trailer -mounted generator to be connected to the station relatively quickly.
For the remaining 157 stations, Public Utilities must either connect a by-pass pump or
manually wire the station to a portable generator. Both options are time consuming and
hamper emergency response during system -wide power outages.
Public Utilities has been using a portion of annual capital funding to provide quick
connects to those stations that do not have either a quick connect or a permanent
generator. The Department has been awarded two Hazard Mitigation Grants totaling
$383,200, with $287,400 from the Federal Emergency Management Agency, $47,900
from the Virginia Department of Emergency Management, and a $47,900 local match
from CIP project #6-501, Auxiliary Power Program -Sewer Fump Stations — Phase III.
The grant funding will enable the department to install eight additional quick connects
beyond those that are planned with the annual CIP funding and will help minimize the
likelihood of sewage overflows during prolonged system -wide power outages.
Construction is to be completed by July 31, 2015.
■ Considerations: This project involves the installation of automatic power transfer
switches, wiring, and emergency generator "quick connects" to eight of the most critical
sewer pumping stations. The eight stations identified in the two grant awards are:
1. PS# 615 Three Oaks — 2506 Tree Garden Way
2. PS# 236 Kings Grant Road North — 3603 Kings Grant Road
3. PS# 351 Euclid Terrace North Ridge — 321 Osprey Street
4. PS# 557 Bellamy Plantation — 1827 Grey Friars Chase
5. PS# 563 Glenwood Belspring — 1016 Belspring Drive
6. PS# 607 Pineridge — Hunt Club Forest — 2118 Grey Fox Lane
7. PS# 608 Redmill — Newstead — 2006 Newstead Drive
8. PS# 621 Fox Fire — 2685 Bernadotte Street
■ Public Information: Public information will be provided through the normal Council
agenda process.
■ Recommendation: Adopt the attached CIP amendment.
■ Attachment: Ordinance
Recommended Action: Approval ^^
Submitting Department/Agency: Public Utilities �R
City Manager: ZLk A. awl, 0cm
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
HAZARD MITIGATION GRANT FUNDS TO CAPITAL
IMPROVEMENT PROJECT #6-501, AUXILIARY POWER
PROGRAM -SEWER PUMP STATIONS — PHASE III
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $287,400 in federal pass-through funding from the Federal Emergency
Management Agency is hereby accepted and appropriated, with federal
revenue increased accordingly, to CIP #6-501, Auxiliary Power Program -
Sewer Pump Stations — Phase III;
2. That $47,900 in State funding from the Virginia Department of Emergency
Management is hereby accepted and appropriated, with State revenue
increased accordingly, to CIP #6-501; and
3. That the required local match of $47,900 shall be provided from existing
funding within CIP #6-501.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Man gement Services Cit,,A
__,10rne<s Office
CA12808
R-2
October 10, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Asset Forfeiture Equitable Sharing
Funds from the Office of the Attorney General of Virginia for Crisis Intervention
Team Training Events
MEETING DATE: October 22, 2013
■ Background: The Office of the Attorney General of Virginia is making funds
available to state and local law enforcement agencies through a one-time transfer of
Asset Forfeiture Funds. This funding has been approved for the purpose of enhancing
Crisis Intervention Team (CIT) programs. CIT training teaches law enforcement and
other first responders how to effectively deal with individuals suffering from mental
illness and divert those individuals from the criminal justice system when possible. The
funding will be used for multiple CIT training events and train approximately 2,580
participants from several City departments including Police, Sheriff, Human Services,
Emergency Communications and Citizens Services and Fire, as well as staff in other
localities. This funding must be spent within two years after transfer and there is no
match required. Because these funds are Asset Forfeiture Funds, the use and
management are governed by State and Federal guidelines.
■ Considerations: This funding provides $176,635 to be used to conduct several
CIT training events including the 40 hour Core CIT training class, 24 hour CIT for Youth
Classes, eight hour CIT Youth Workshops for 12 CIT programs, "Behind the Badge"
training program, and provide the travel expenses and fees for speakers. Funds will
also be used for training supplies, conference fees and travel expenses for three state
and national CIT conferences to be attended by City employees.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Recommendation: Approve the attached budget amendment
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department Yv-x-�--
City Manager: Z -U,`-'. AV-�) -Dct,�
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AN ORDINANCE TO ACCEPT AND APPROPRIATE ASSET
FORFEITURE EQUITABLE SHARING FUNDS FROM THE
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA FOR
CRISIS INTERVENTION TEAM TRAINING EVENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $176,635 is hereby accepted from the Virginia Office of the Attorney General
and appropriated, with estimated revenue increased accordingly, to the FY 2013-14
Operating Budget of the Police Department for multiple Crisis Intervention Training events
and related costs.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Service ;Cit n ffice
CA12800
R-2
October 10, 2013
r \N A B'pi
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Edward
Byrne/Juvenile Assistance Grant (JAG) (Juvenile Sex Offender Treatment
Program) to the Department of Human Services and to Authorize One Grant -
Funded FTE
MEETING DATE: October 22, 2013
■ Background: The Virginia Department of Criminal Justice Services (DCJS) has
awarded grant funds to Virginia Beach Human Services Department to provide
adequate mental health services to juvenile sex offenders reducing the risk of
recidivism. This initiative will aid in building a collaborative and comprehensive
continuum of care in conjunction with the Court Services Unit.
The grant totals $74,960, which includes $67,465 in federal pass-through funds, and a
local match of $7,495. This grant will pay for a full-time certified sex offender treatment
therapist at the required Clinician III level, which will be conditioned on continued grant
funding.
■ Considerations: Notification of these additional Federal pass-through funds
was received subsequent to the City Council's approval of the FY 2013-14 Operating
Budget. The grant addresses pressing service needs. A local cash match of $7,495 is
being provided from within the Department of Human Services FY 2013-14 Operating
Budget to support the program.
■ Public Information: Public information will be coordinated through the normal
Council Agenda process.
■ Recommendations: Accept and appropriate $67,465 in Federal pass-through
revenue from the Virginia Department of Criminal Justice Services (DCJS) and transfer
$7,495 within the Department of Human Services FY 2013-14 Operating Budget.
■ Attachment: Ordinance
Recommended Action: Approval
vs�1�'`�--�j L.PL SNS Cly
Submitting Department/Agency: Department of Human Services
City Manager:qlL� A L.�L �- -Okm
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FROM THE EDWARD BYRNE/JUVENILE
3 ASSISTANCE GRANT (JAG) (SEX OFFENDER
4 TREATMENT PROGRAM) TO THE DEPARTMENT OF
5 HUMAN SERVICES AND TO AUTHORIZE ONE GRANT -
6 FUNDED FTE
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA -
9 1. That $67,465 is hereby accepted from the Virginia Department of Criminal
10 Justice Services and appropriated with estimated state revenue increased
11 accordingly to the FY 2013-14 Operating Budget of the Department of
12 Human Services for a Sex Offender Treatment Program; and
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14 2. That $7,495 is hereby transferred within FY 2013-14 Operating Budget of the
15 Department Human Services to provide a local match; and
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17 3. That 1.0 FTE (grant -funded Clinician III) is approved in the FY 2013-14
18 Operating Budget of the Department of Human Services, provided, that this
19 position is conditioned upon continued grant funding.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Se ices City ffice
CA12803
R-3
October 11, 2013
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bus 3>1
,4M1is sxy�:t`
tYi
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Purchase of
Equipment, Overtime, and Travel and Training to Enhance Efforts to Address
Internet Crimes Against Children
MEETING DATE: October 22, 2013
■ Background: The County of Bedford and more specifically, the Southern
Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded
funding from the ICAC Fund. This funding has been made available by the Virginia
Department of Criminal Justice Services. The City of Virginia Beach Police Department
(VBPD) has been approved as a sub -recipient for $55,000 of this funding. This grant
will fund equipment needed for ICAC investigations, overtime for ICAC related travel,
training or other approved events, and training needed to investigate ICAC cases. As
the lead agency of District Two of the Southern Virginia ICAC Task Force, the VBPD will
also be responsible to pass through payments to other affiliates within the district. The
grant period is from July 1, 2013 through June 30, 2014.
■ Considerations: There is no local match requirement for this grant.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Recommendation: Approve the attached budget amendment.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department CC f''7 ~_W��
City Manager: (� ,8, u�' �Gv�
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR THE PURCHASE OF EQUIPMENT, OVERTIME,
3 AND TRAVEL AND TRAINING TO ENHANCE EFFORTS TO
4 ADDRESS INTERNET CRIMES AGAINST CHILDREN
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
7 $55,000 is hereby accepted from the Virginia Department of Criminal Justices
8 Services via the Bedford County Sheriff's Office and appropriated, with estimated state
9 revenues increased accordingly, to the FY 2013-14 Operating Budget of the Police
10 Department to provide equipment, overtime pay, and specialized training and related travel
11 to the Police Department, which will enhance efforts to address internet crimes against
12 children.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
r�
C", .
Budget and Management Se ices
CA12804
R-2
October 10, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
� 7
i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for
the Replacement of Electronic Systems in Three Police Marine Patrol Vessels
MEETING DATE: October 22, 2013
■ Background: The U.S. Department of Homeland Security (DHS), Federal
Emergency Management Agency has awarded the Virginia Beach Police Department
(VBPD) $45,000 in federal grant funds under the FY 2013 Port Security Grant Program.
The purpose of the grant is to strengthen the nation's critical infrastructure against risks
associated with potential terrorist attacks. To be eligible for this funding, agencies must
be members of an Area Maritime Security Committee and provide port security
services. The VBPD is the primary responder in the region and is the only local agency
to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay.
Specifically, this grant will fund the replacement and upgrade of the electronic
components for three Donzi Police vessels. These vessels were obtained with funding
from the 2004 Department of Homeland Security Grant Program, and the electronics
have become outdated and need to be replaced. The replacement electronic system will
be integrated with and be able to use the full capabilities of the boats' automated
information systems equipment provided by the Virginia Port Authority, which will
enhance operational capabilities including port protection and terrorism prevention,
enforcement of boating laws, search and rescue, and response to calls for service. The
upgrade includes the purchase of equipment and related software, labor, rigging and
testing. The upgraded system is anticipated to last ten years.
■ Considerations: The grant provides $45,000 of DHS funding and requires a
$15,000 match, which will be funded through a transfer from the FY 2013-14 General
Fund Reserve for Contingencies. As of October 2, 2013, the balance in the General
Fund Reserve for Contingencies is $1,077,410.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Recommendation: Approve the attached budget amendment.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department /,cc DIV—
City
Manager: Zk,4-A 1. �"� -Oc,m
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS AND TO TRANSFER FUNDS FOR THE
3 REPLACEMENT OF ELECTRONIC SYSTEMS IN THREE
4 POLICE MARINE PATROL VESSELS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA THAT:
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1. $45,000 is hereby accepted from the Department of Homeland Security and
appropriated, with estimated federal revenues increased accordingly, to the FY
2013-14 Operating Budget of the Police Department to purchase replacement
electronic systems for three Marine Patrol Unit vessels that will enhance the
response capabilities of the Marine Unit; and
2. $15,000 is hereby transferred from the General Fund Reserve for Contingencies to
the FY 2013-14 Operating Budget of the Police Department to provide the local
grant match; and
3. The equipment purchased with these grant funds is not guaranteed to be replaced
by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
J) " � Q�
Budget and Management Servi s
CA12802
R-2
October 10, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
"ney's Office
.P.'t4 til
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Land
Conservation Foundation to Partially Reimburse the Cost of Monitoring and
Enforcing Conservation Easements
MEETING DATE: October 22, 2013
■ Background: In FY 2011-12, the City accepted donated land interests for which
a land preservation tax credit has been claimed. On October 12, 2012 the City was
notified by the Virginia Department of Conservation and Recreation that it would be
receiving funds from the Commonwealth of Virginia's Land Conservation Foundation to
support its ongoing land conservation stewardship efforts. The Land Conservation
Foundation awarded the City of Virginia Beach $7,191 to help support monitoring and
enforcement of the conservation and preservation purposes of the donated land
interests. The funds were received and temporarily placed in the Agriculture Reserve
Program Special Revenue Fund, until a final decision would be proposed to City Council
for appropriation. After further analysis, it was determined that a more proper place for
the funds is in the Environment and Sustainability Budget Unit of the Planning
Department. On October 11, 2013 the City was notified of another award from the
Foundation totaling $4,628. The combined awards total $11,819.
■ Purpose/Considerations: The attached ordinance will accept and appropriate
$11,819 of state funding from the Virginia Land and Conservation Foundation to the
Environment and Sustainability budget unit in the Planning Department. The
appropriation will help reimburse the costs incurred for monitoring and enforcing
donated conservation easements.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Recommendation: Approve the attached budget amendment.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Agriculture,��
City Mana er:LWIK-)CWk
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE VIRGINIA LAND CONSERVATION
FOUNDATION TO PARTIALLY REIMBURSE THE COST
OF MONITORING AND ENFORCING DONATED
CONSERVATION EASEMENTS
WHEREAS, the Commonwealth of Virginia's Land Conservation Foundation has
awarded $11,819.75 to the City of Virginia Beach to help support monitoring and
enforcement of the conservation and preservation purposes of donated land interests.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $11,819 is hereby accepted from the Commonwealth of Virginia's Land
Conservation Foundation and appropriated with estimated state revenue increased
accordingly to the Planning Department's Operating Budget to help reimburse the cost
of monitoring and enforcing donated conservation easements.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Budget and Management Service
CA12805
R-2
October 10, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
City A 'sice
{ =i
a.i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $1,300,000 from the Fund Balance of the Tourism
Advertising Program Special Revenue Fund to the Convention and Visitors Bureau
for Advertising and Marketing Efforts
MEETING DATE: October 22, 2013
■ Background: In August, 1995, the City Council of Virginia Beach established the
Tourism Advertising Program (TAP) Special Revenue Fund with the intent to utilize the
TAP Fund for the City's advertising program. This fund collects revenues dedicated from
one cent of the percentage -based portion of the transient lodging tax, one-half cent of the
restaurant meal tax, and a flat lodging tax of one dollar per night. The Council has
continued its support by appropriating these revenues to the TAP Fund in the Operating
Budget for the City's advertising and marketing program to promote and increase tourist
and convention visitation to the City, the operation and maintenance of the Visitor
Information Centers, and additional national and regional advertising for the City with
increased emphasis on marketing through the City's website, www.visitvirginiabeach.com.
■ Considerations: At the close of FY 2012-13, the TAP Fund had an un-
appropriated fund balance of $1,457,700. The fund balance results from previously
appropriated funds that lapsed at the end of the fiscal period, accumulated interest, and
revenues from the previous fiscal year that exceeded estimates. After review of the
available fund balance, the CVB requests the appropriation of $1,300,000 from fund
balance for the following marketing purposes -
1 .
urposes:
1. Increase investment in domestic leisure, international leisure, and participatory sports
events advertising and marketing programs, which will take advantage of new
opportunities and counter more aggressive programming by the City's competitors
($550,000);
2. Underwrite new research on potential visitor perceptions of Virginia Beach as a leisure
destination and how these perceptions vary from key competitive destinations along
the Eastern Seaboard, and a separate study of how, when and why users of the
tourism and travel website convert or fail to convert to accommodations and attraction
purchasers ($175,000);
3. Continue to increase functionality of the customized, web -based mobile phone and
tablet informational and promotional solution — the WebApp — for leisure transient and
group, convention sales, convention center, and sports marketing ($75,000);
4. Enhance CVB-specific social media marketing programs ($75,000);
5. Continue to enhance the new Live the Life/Love the Moment advertising creative
evolution to further support the City's leisure brand in the domestic marketplace
($100,000);
6. Develop and implement a custom marketing results data system to provide real-time
analysis of individual feeder market spending data with online inquiry and, potentially,
booking results. The system will allow for real-time adjustments of marketing
investment in response to then -current changes in various markets ($125,000); and
7. Provide funding for quick responses to natural or man-made disasters, or unanticipated
opportunities ($200,000).
If approved, the TAP Fund will have a fund balance of $157,700. This balance serves as
an additional emergency reserve, and it could be used, subject to appropriation, for capital
funding for the Visitor Information Center as needed.
■ Public Information: Public information will be provided through the normal Council
agenda process.
■ Recommendation: Approve the attached budget amendment ordinance.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Convention and Visitors Bureau
City Manager: y �� �C �N►.
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AN ORDINANCE TO APPROPRIATE $1,300,000
FROM THE FUND BALANCE OF THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE
FUND TO THE CONVENTION AND VISITORS
BUREAU FOR ADVERTISING AND MARKETING
EFFORTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $1,300,000 from the Fund Balance of the Tourism Advertising Program
Special Revenue Fund is hereby appropriated, with estimated revenue increased
accordingly, to the FY 2013-14 Operating Budget of the Convention and Visitors Bureau
for advertising and marketing efforts.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
3 ovi'l All C�
Budget and Management Servi es Q it y A fti 516ne ffice
CA12793
R-1
September 25, 2013
c
C J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funding to Expand the Pilot Live Oak Program
MEETING DATE: October 22, 2013
■ Background: The City of Virginia Beach established a Maritime Forest Trust
Fund to collect donations to be used to restore or enhance trees and habitat (e.g., tree
planting, tree transplanting, tree protection, and other related activities) in the City's
Atlantic and Chesapeake Bay coastal maritime forest areas. The fund protects losses to
maritime forest areas threatened by urban development and redevelopment activity.
The Trust's current fund balance is $45,110, all from private donations.
In conjunction with the Trust Fund, the Department of Planning and Community
Development has developed a Live Oak strategy to implement recommendations in the
City's Comprehensive Plan, with assistance from various State agencies and the
Friends of Live Oaks community organization. The Friends of Live Oaks is developing a
program to reintroduce live oaks throughout the City as a signature tree species
(maritime forest habitats are among the most threatened and rare ecosystem areas in
the world). This program is also in keeping with City Council's designation of the Live
Oak as the City's Official Tree and a goal of the Envision Virginia Beach 2040 Plan to
increase our tree canopy.
■ Considerations: City staff has developed a cost sharing arrangement with the
Friends of Live Oaks community organization as part of the Live Oak strategy to
accomplish multiple outcomes. First, the implementation of a previous live oak planting
project by the City and Friends of Live Oaks has established a sound model for
continued future live oak restoration efforts in the City, and has helped reestablish
community interest and awareness of this unique tree in the City. Second, the Live Oak
strategy represents a significant effort by the City to address restoration of unique
maritime forest habitat, and shows local commitment to helping achieve the objectives
of both Virginia and the federal government towards restoration of natural habitats and
contributions to improving both air and water quality. Third, expanding the pilot live oak
program links directly to a major step forward for this integrated strategy which has
been developed for environmental restoration of a special City ecosystem. This will
prioritize restoration efforts within those areas of the City that exhibit the highest
potential for restoration of maritime forest habitat. The current project expands the pilot
live oak program initiated in 2011 between the City and the Friends of Live Oaks
community organization. The project cost is $13,500.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Recommendation: Approve the attached budget amendment.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting De a ent/Agency: Department of Planning and Community
Development
City Manager:
t �
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AN ORDINANCE TO APPROPRIATE FUNDING TO EXPAND
THE PILOT LIVE OAK PROGRAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $13,500 is hereby appropriated from the Maritime Forest Trust Fund to the FY
2013-14 Operating Budget of the Department of Planning and Community Development to
expand the Pilot Live Oak Program.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
1
Budget and Management Service
CA12807
R-2
October 10, 2013
APPROVED AS TO LEGAL SUFFICIENCY:
City A 's, ice
NOTICE OF PUBLIC HEARING
The regular meeting of the City
Council of the City of Virginia Beach
will be held in the Council Chamber
of the City Hall Building, Municipal
Center, 2401 Courthouse Drive,
Virginia Beach, Virginia, on Tuesday,
October 22, 2013, at 6:00 P.M., at
which time a Public Hearing to
consider the following applications
will be held:
PRINCESS ANNE - DISTRICT 7
Five Mile Stretch Associates, LLC
Application: Conditional Chan>re of
Zonin from AG-1/AG-2 Agricultural
to Conditional R -5D Residential (PD -
H2 Planned Unit Development
Overlay) at 2800 to 2900 Block of
Princess Anne Road (GPIN
1494470310; 1494471877;
1494464666; 1494475502;
1494475847; 1494485388;
1494479615; 1494461695).
Proposal is for 112 dwellings (3 units
per acre). Comprehensive Plan:
Special Economic Growth Area 4 -
Princess Anne.
All interested citizens are invited to
attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances,
resolutions and amendments are on
file and may be examined in the
Department of Planning or online at
For
information call 385-4621.
If you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303.
Beacon October 6 & 13, 2013
23782845
J. PLANNING
1. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of
Zoning from AG-1/AG-2 Agricultural to Conditional R -5D Residential (PD -1-12 Planned Unit
Development Overlay) re dwellings in the 2800 to 2900 Block of Princess Anne Road (Deferred
August 27, 2013)
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
APPROVAL
Nu °Fic
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: FIVE MILE STRETCH ASSOCIATES, LLC (Applicant & Owner), Conditional
Change of Zoning, , AG-1/AG-2 Agricultural to Conditional PD -H2 Planned Unit
Development (R -5D Residential District). 2800 to 2900 Block of Princess Anne
Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847;
1494485388; 1494479615; 1494461695). PRINCESS ANNE DISTRICT.
MEETING DATE: October 22, 2013
■ Background:
The applicant requests a Conditional Change of Zoning from AG -1 and AG -2
Agricultural District to PD -H2 Planned Unit Development District (R -5D
Residential). The applicant has consolidated parcels of formerly cultivated land
on the north side of Princess Anne Road for the purpose of developing a single-
family residential community.
The City Council indefinitely deferred this application on August 27, 2013 to
provide the applicant an opportunity to meet with residents in the Christopher
Farms neighborhood regarding the proposal. The applicant has met with and had
further discussion with the residents. Based on those discussions, the applicant
revised the proffers submitted with the application pertaining to the floor area of
the dwelling units; the revision is described below in the Considerations section.
The applicant contacted Planning Department staff and requested that this item
be returned to the City Council for consideration. Accordingly, staff scheduled the
item for the earliest available City Council meeting, allowing for time necessary to
advertise the request, contact adjacent property owners, and post the property
with the required public notice signs as required by the City Zoning Ordinance.
■ Considerations:
The development site is uniquely shaped due to the configuration of the existing
consolidated parcels as well as a 66 -foot wide right-of-way owned by Dominion
Virginia Power. The proposed plan shows112 lots (density of 3.02 units per
acre), which is compatible to the density of the closest residential developments.
The proposal also includes the dedication to the City of Virginia Beach of 2.06
acres of future right-of-way for London Bridge Road Extended and a 1.17 -acre
area of mature trees adjacent to the Christopher Farms neighborhood. The
proposed plan also designates 13 acres of open space, some of which includes
areas of non -tidal wetlands and a tree preservation area.
Five Mile Stretch Associates, LLC
Page 2of4
Primary vehicular and pedestrian access will be directly from Princess Anne
Road via one street and one dedicated access for emergency vehicles. The
proposed plan also shows a second access and connectivity point to the future
London Bridge Road Extended, which is not currently programmed in the Capital
Improvement Program. Landscaping in this area will be consistent with the
landscaping planting for the Princess Anne Road project, currently being
constructed.
The site design demonstrates good street connectivity within the neighborhood
and to adjoining existing or planned roadways. The parcels have been clustered
to enable greater integration of and access to open space. Wherever feasible,
existing larger stands of trees or natural features should be preserved.
The proposed building design and materials are good quality and consistent with
the general character of the surrounding neighborhoods. The continuance of
quality development in this area is ensured with this design. In regard to the floor
area of the dwellings, Proffer 4 of the Conditional Zoning Agreement provided to
City Council on August 27 noted that one-story houses would have a minimum of
1,500 square feet of enclosed living area, excluding garage space, and a two-
story house would have a minimum of 1,900 square feet of enclosed living area,
excluding garage space. After the applicant had further discussion with residents
of Christopher Farms, a revision to Proffer 4 was submitted. The revision results
in the one-story floor area increasing to 1,750 square feet and the two-story floor
area increasing to 2,150 square feet.
There was opposition to the request.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 9-0,
recommends approval of this request to the City Council with the following
proffers:
PROFFER 1:
When the Property is developed, it shall be as a residential subdivision of not more
than one hundred twelve (112) single family homes, substantially in accordance with
the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by
Kotarides Developers, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning (the "Land Use Plan").
PROFFER 2:
When the Property is developed, vehicular ingress and egress to the Property shall
be from the Princess Anne Road via the new entrance road as depicted on the Land
Use Plan. If, however, this new entrance road cannot be approved and developed
due to the existing "gravel lane" within an existing easement located immediately
adjacent to the west side of the proposed entrance road, the entrance will be
relocated to a point along the property's frontage on Princess Anne Road acceptable
Five Mile Stretch Associates, LLC
Page 3 of 4
to the Director of the Department of Planning. If relocated, the entrance will not have
direct access to a median break.
PROFFER 3:
When the Property is developed, the homes will have the quality and architectural
design substantially as depicted and described on the ten (10) building elevations
designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated
3/23/13, which have been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (the "Elevations"). The exterior
building materials shall be a combination of hand split cedar shakes, raised seam
metal roof accents, Hardie Plank (cement fiber), premium vinyl siding , wood, stucco,
hardboard, and masonry. The colors on each home shall be primarily earth tone.
PROFFER 4:
When the Property is developed, each one-story dwelling shall contain a minimum
1750 square feet of enclosed living area, excluding garage; each two-story dwelling
shall contain a minimum of 2150 square feet of enclosed living area, excluding
garage; and each dwelling shall have at least a one -car garage and two (2) off-street
parking spaces.
PROFFER 5:
When the Property is subdivided, all lots shall be made subject to a recorded set of
Deed Restrictions establishing a mandatory membership Property Owner's
Association. The area designated "Open Space" on the Land Use Plan shall be
rezoned to P-1 Preservation District prior to final subdivision approval. Upon
recordation of the approved subdivision plat, the areas designated "Open Space"
shall be deeded to the Property Owner's Association which shall be responsible for
their maintenance.
PROFFER 6:
The dimensional requirements applicable to the Princess Anne Meadows Land Use
Plan shall be as follows:
Minimum lot area
Minimum lot width
Minimum front yard setback
Minimum setback from
public right-of-way (street) for a covered porch
Minimum rear yard setback
Minimum side yard setback
Minimum side yard setback adjacent to a street
Minimum setback for accessory structures from
side or rear property line not adjacent to a street
Maximum building height
Maximum allowable lot coverage
5,000 square feet
50 feet
20 feet
12 feet
20 feet
5 feet
15 feet
5 feet
37 feet
45%
Five Mile Stretch Associates, LLC
Page 4 of 4
Any other dimensional requirements not set forth herein, shall be the same as those
provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of
the Virginia Beach Zoning Ordinance.
PROFFER 7:
When the Property is developed, the party of the first part shall prepare and submit
for review and approval by the Director of the Department of Planning, prior to final
subdivision approval, a landscape and signage plan for the landscaping, signage and
fencing along the Property's frontage on Princess Anne Road Project- Phase IV,
Capital Project 2.305.000, which is under construction.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City Agencies and
departments to meet all applicable City Code requirements.
The City Attorney's Office has reviewed the proffer agreement dated March 23, 2013,
and found it to be legally sufficient and in acceptable legal form.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planniing(Depa�rtmen
City Manager:
PRINCESS MINE
flak M
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4
July 10, 2013 Public Hearing
APPLICANT:
FIVE MILE
STRETCH
ASSOCIATES,
L.L.C.
PROPERTY OWNER:
FIVE MILE STRETCH
ASSOCIATES, L.L.C. , JOSEPH A.
WALTON, JR., JSW HOLDINGS,
LLC, ESTATE OF ANNIE B.
BROWN K. SETZER
STAFF PLANNER: Karen Prochilo
REQUEST: Change of Zoninq -- AG1 / AG2 Agricultural Districts to Conditional PD -H2 Planned Unit
Development District (R -5D District)
ADDRESS / DESCRIPTION: 2800-2900 Block of Princess Anne Road
GPIN: ELECTION SITE SIZE: AICUZ:
14944703100000;14944616950000 DISTRICT: 37.08 acres 65 dB to 70 dB DNL
14944718770000;14944646660000 PRINCESS ANNE Sub -Area 2
14944755020000;14944758470000
14944853880000;14944796150000
BACKGROUND / DETAILS OF PROPOSAL
The applicant has consolidated eight parcels of undeveloped agricultural land on the north side of
Princess Anne Road to develop a single-family residential development. The applicant proposes to
conditionally rezone the existing AG -1 and AG -2 Agricultural properties to Conditional PD -1-12 Planned
Unit Development District (R -5D District). The development site is uniquely shaped due to the
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 1
configuration of the consolidated parcels and the fact that the site is also bisected by a 66 -foot wide right-
of-way owned by Dominion Virginia Power. The proposed plan includes'! 12 lots (density of 3.02 units per
acre), which is compatible to the nearby residential developments. The proposal also includes the
dedication to the City of Virginia Beach of approximately 2.06 acres of future right-of-way and a 1.17 -acre
area of mature trees adjacent to the Christopher Farms neighborhood. The proposed plan also
designates 13 acres of open space, some of which includes areas of non -tidal wetlands and a tree
preservation area.
Primary vehicular and pedestrian access will be directly from Princess Anne Road via one street and one
dedicated access for emergency vehicles; the proposed plan does provide a second access and
connectivity point to the future London Bridge Road Extended, which is not currently programmed in the
Capital Improvement Program. Landscaping in this area will be coordinated with the Princess Anne Road
project, currently being constructed.
Also shown on the plan but not part of this rezoning is a parcel owned by the applicant adjacent to the
proposed road link. This parcel is designated as potential commercial. The vision for this area is to
encourage, carefully plan, and integrate neighborhood serving non-residential development.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Undeveloped site
SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District
USE AND ZONING: South: . Princess Anne Road
• Golf course, residential dwelling and undeveloped land /
AG -1 & AG -2 Agricultural District
East: . Undeveloped land / AG -1 & AG -2 Agricultural District
West . Undeveloped land / AG -1 & AG -2 Agricultural District
NATURAL RESOURCE AND This site is within the Southern Watershed Management Area. The owner,
CULTURAL FEATURES: developer and/or consultant are responsible for contacting the Department
of Conservation and Recreation (DCR) and/or the U.S. Army Corps of
Engineers regarding State construction site stormwater permits and the
potential presence of jurisdictional non -tidal wetlands, respectively. The City
of Virginia Beach does not issue Virginia Stormwater Management Program
(VSMP) permits or make non -tidal wetland determinations or regulate these
environmentally sensitive areas.
The Dominion Power right-of-way to the north of this subject property has
been identified in the Virginia Beach Outdoors Plan as a future
bike/pedestrian trail.
COMPREHENSIVE PLAN: The subject site is identified as being within the Princess Anne Special Economic
Growth Area (SEGA 4) - North Princess Anne Commons. The guiding plan for Princess Anne SEGA 4 is the
Interfacility Traffic Area & Vicinity Master Plan (ITA and Vicinity Plan). The site is also with Sub -Area 2 of the
Princess Anne Corridor Study, which is adopted by reference as a component of the Comprehensive Plan.
Accordingly, the Comprehensive Plan provides two distinct but complementary set of planning policies for the
site.
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 2
The principal land use policies and recommendations provided by the ITA and Vicinity Plan for Princess Anne
SEGA 4 primarily focus on the area south of Princess Anne Road that, in prior Comprehensive Plans, was the
western portion of the Transition Area. The ITA and Vicinity Plan, however, also focuses on areas north of
Princess Anne Road and west of Dam Neck Road, for which the Comprehensive Plan either had previously
provided specialized land use policies, such as for Princess Anne Commons, or currently provides specific
policies, such as the Sub -Areas in the Princess Anne Corridor Study. Accordingly, development proposals for
the subject site are guided by the land use policies and recommendations of the ITA and Vicinity Plan as well
as the Princess Anne Corridor Study.
Despite the land use compatibility constraints of the AICUZ and Interfacility Traffic Area (ITA), Princess Anne
SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and
quality economic development opportunities.
The Comprehensive Plan provides two sets of recommendations for Princess Anne SEGA 4. There are
general recommendations provided for Princess Anne/Transition Area (pages 4-3 and 4-4 of the Policy
Document) and there are general recommendations specific to Princess Anne SEGA 4. The recommendations
for SEGA 4 are listed below, as they are the recommendations most applicable to the subject site.
Unless otherwise specifically addressed by other Comprehensive Plan policies and recommendations,
developments proposed in the Princess Anne SEGA 4 should conform to the following planning
recommendations:
• Strive to achieve 50% open space with extensive connectivity throughout ITA and Vicinity;
• Protection of most sensitive land;
• Mixed use town center style development in the Municipal Center and Historic/Cultural District;
• Low -impact campus style development for work, education, research, recreation and worship
(remainder of ITA and Vicinity Area);
• Guidelines for building types to ensure appropriate quality and character;
• Expansion of suburban infrastructure in northern but not southern part of ITA and Vicinity Area south
of Indian River Road;
• Development remains limited along existing unimproved infrastructure; and,
• Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center,
(p. 4-7, Policy Document).
The general goals for land uses of the Princess Anne SEGA 4 - North Princess Anne Commons are to
encourage quality -planned development of a mix of public and private uses while designing with nature and
providing exceptional open spaces. An important general recommendation for any development within this
area is that direct private access to Princess Anne Road will not be permitted, due to its designation as a
Controlled Access Roadway in the City's Master Transportation Plan, except when the property in question
has no other reasonable access to the circulation system.
The Interfacility Traffic Area and Vicinity (ITA and Vicinity) Master Plan states that development should be
directed first along existing developed nodes with infrastructure and, for those areas outside of restricted
AICUZ, development should consist of mixed-use districts. The intent is to reinforce and infill developed nodes
or urbanized campuses with commercial, institutional, and residential uses so people can live, work, and
recreate within walking distance to services and gathering spaces, (p.3, ITA and Vicinity Plan).
As noted at the beginning of this section, the Princess Anne Corridor Study provides land use policies and
recommendations that are specific to the subject site and the immediately surrounding area, which the Study
designates as Sub -Area 2. This Sub -Area consists of approximately 100 acres and includes 27 privately
owned parcels with a few single-family residences (p. 10, Corridor Study). The 'viewshed' of adjacent land
uses and landscape visible from Princess Anne Road should be controlled through the appropriate use; of
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 3
planting and design guidelines for adjacent future development. Buffer plantings between Sub -Area 2 and the
adjoining development should incorporate evergreen plantings of trees and shrubs in the majority of the buffer
area to allow year-round screening of the proposed developments (p. 16-17, Corridor Study). It is important
that these policies ensure neighborhood compatibility, protecting the neighborhoods from unwanted intrusive
uses or activities.
The Corridor Study provides two 'critically important objectives' applicable to all of the area encompassed by
the Study:
(1) The need to accomplish land parcel consolidation that is large and well configured in order to promote
a coordinated and unified, as opposed to piecemeal, development.
(2) The need to limit the number and location of roadway and driveway accesses to Princess Anne and
Dam Neck Roads for that segment within this corridor area (p. 19, Corridor Study).
The study provides incentives consistent with the City's Oceana Land Use Conformity program that support
these objectives, stating that there may be occasions when the efforts of individual property owners to comply
with the provisions of this plan are frustrated by physical constraints or factors beyond their control. Some
weight should be given to this determining the allowable density. The baseline density recommended by the
Corridor Study is 2 units per acre for property zoned Agricultural, if no rezoning is proposed. Prior to the 2005
revisions to City plans and ordinances that were adopted in response to the potential closure of NAS Oceana
by BRAC, the baseline density for the Sub -Area 2 was 6 units per acre. In instances where providing street
ties to adjoining properties is recommended in order to merit higher density, the provision of such connections
should result in density bonus (p. 20, Corridor Study).
The Princess Anne Corridor Study states that proposed development in this area should embody exceptional
open space areas and vistas, reverse frontage and interior access roads. Access to Princess Anne Road
should be provided by an attractive, planned collector road connecting Holland Road to the golf course
entrance. A heavily landscaped buffer approximately 100 feet in width between the collector road and
Christopher Farms neighborhood should be included. Every effort should be made to save a wide area of
undisturbed mature trees that is located adjacent to the Christopher Farms (see Figure 14, page 25, Corridor
Study).
Building design elements must maintain the character of the area. Planted vegetation should be used to
'soften' the appearance of the built environment and such vegetation should blend in with the natural features
of the site. Open space should be included as part of development and located to create a continuous
connector park. Whenever possible, the design of stormwater retention and detention systems should have
irregular features versus geometric features. Chain link fences are not encouraged as an enclosure around
stormwater management pond facilities and should be avoided (p. 11-14, Policy Document). Low impact
development techniques are encouraged as a means of managing stormwater.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne
Road is currently undergoing construction to widen it from a two lane undivided typical section to a four lane
divided typical section with parallel multi -use trails. The subdivision entrance is at the location of a designed
median break and will displace a private street serving three houses; this private street traffic will be rerouted
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 4
through the new subdivision. The proposed plan also shows a second access point to a future roadway,
London Bridge Road Extended, which has been shown in the Comprehensive Plan and ITA Vicinity Master
Plan but does not have an active CIP project.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Princess Anne
21,000 ADT
Up to 17,000 ADT (Level
Existing Land Use —
Road (Existing)
(2011 — Road
of Service "D") Capacity
10 ADT AG -1 properties
has not been
Up to 18,400 ADT' (Level
30 ADT: 2 AM Peak Hour
counted due to
of Service "E")
Trips & 3 PM Peak Hour
construction)
Trips
Princess Anne
Up to 32,500 ADT (Level
Road (Build -out)
of Service "C")
Proposed Land Use —
Up to 34,900 ADT' (Level
1,276 ADT: 97 AM Peak
of Service "D" - Capacity)
Hour Trips & 128 PM Peak
Hour Trips
Average Daily Trips
2 as defined by 36.73 acres AG -1 & 3 houses on private street
3 as defined by 122 housing development plus 3 houses on private street of through traffic
1. Traffic Engineering requires a right -turn lane on Princess Anne Road for this subdivision. I he turn lane
shall have 150 feet of storage and a 150 foot taper.
2. Traffic Engineering opposes the installation of a driveway apron on Princess Anne Road for emergency
access. An apron has already been installed approximately 175' away for a BMP maintenance drive with
the Princess Anne Road widening and this drive can be extended to the subdivision street next to Lot 14 to
provide a second access point for emergency vehicles.
3. All traffic to the private lane on the west side of the development must use the subdivision streets.
PARKS and RECREATION: Request the developer to consider additional dedication of the open space south
of the Dominion Power right-of-way and east of the houses to the City of Virginia Beach. This would require
less maintenance for the Home Owners Association which generally struggle to keep up with maintenance of
large open spaces long-term. If dedicated this area would then be public and could connect to parcels to the
east that may be developed with similar residential uses. This would maximize the benefits of open area as
envisioned in the PA Corridor Study for Sub Area 2.
WATER: This site must connect to City water. Water does not front the proposed lots, but may be extended
for connection purposes provided hydraulic analysis supports the potential demand. There is a 20 -inch City
water main in a 66 -feet wide right-of-way.
SEWER: This site must connect to City sanitary sewer. City sanitary sewer does not front this site. City
sanitary sewer is not available to the proposed lots. Plans and bonds are required for construction extension of
sanitary sewer system.
FIRE: No comments at this time.
DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity will have to be addressed in
accordance with Southern Watershed Management Ordinance, Virginia Stormwater Management Handbook
and the Performance based water quality calculations outlined in the Virginia Stormwater Management
Handbook. On-site retention will be required and an adequate outfall must be verified in conjunction with this
development. A hydrology study will be required to establish any onsite and downstream drainage
requirements and easements.
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 5
A copy of written permission will be required for all proposed work and improvements located with the existing
66' VEPCO right-of-way. All proposed right-of-way improvements along Princess Anne Road must be
coordinated with COVB Roadways CIP #2-305.
VIRGINIA NATURAL GAS: There is an 8 -inch steel gas main that runs in an easement in the Dominion
Power right-of-way. A signed encroachment agreement for the work that will take place over the easement will
be required.
SCHOOLS:
School
Current
Capacity
Generation
Change 2
Enrollment
Christopher Farms
663
737
35
1
Landstown Middle
1,482
1,692
21
0
Landstown High
2,196
2,332
29
1
_7 generation" represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number
can be positive additional students or negative fewer students).
EVALUATION AND RECOMMENDATION
The applicant has clearly attempted to assemble as many parcels as is feasible to meet the goals of the
Comprehensive Plan and has presented a development plan that is generally consistent with the goals for this
site. Even though the ITA Plan recommends mixed-use for this site, mixed use is the goal for the larger area
on the north side of PA Road inclusive of this site. Therefore, a residential neighborhood would be consistent
with the land use goals for this area, assuming other forms of future development will be encouraged to be of
more diverse, mixed use character. The nearby surrounding residential density is similar to the density
planned. The design features of the site, striving to achieve the goals in the Comprehensive Plan, warrant
support for the proposed density under these conditions.
The proposed density is less than that which was originally proposed as well as less than that allowable prior
to the City's 2005 BRAC Response. The Navy -City Joint Staff Group (JSG) evaluated the proposal pertaining
to consistency with the provisions of Section 1804(c)(3) of the Zoning Ordinance, and found the following:
The proposed density of 3.02 dwelling units per acre can be determined to be consistent with the
provisions of Section 1804(c)(3) of the City Zoning Ordinance only if the City Council, during their
consideration of the current Change of Zoning request, determines that the Performance Criteria for
the 'Incentive Development Option' have been met.
Should the City Council find that the Performance Criteria have not been met, Section 1804(a) of the
Zoning Ordinance states that the City Council shall not approve the Change of Zoning request. In such
case, a proposed development utilizing the "Baseline Development Option" of 2 dwelling units per acre
would be consistent with Section 1804(c)(3), as that is the density specifically recommended by the
Comprehensive Plan.
While direct access from Princess Anne Road is not consistent with the Controlled Access Roadway policy,
the applicant has been able to assemble some property up to the adjacent planned right-of-way for London
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 6
Bridge Road Extended. A future connection to London Bridge Road is shown on the site plan. Therefore, a
primary point of access is proposed along Princess Anne Road at a proposed median break that has been
determined to be acceptable to Public Works. While an argument could be made that the proposal is not
ready and should wait until such time as London Bridge Road Extended is constructed, a reasonable and
acceptable interim solution has been provided. Therefore, given the information available for this proposal, a
finding of consistency with the Comprehensive Plan's policy regarding adequacy of existing or planned
infrastructure improvements within Princess Anne SEGA 4/Transition Area can be made.
Open space has been incorporated into the plan and the proposed layout reinforces a developed node with a
proposed density and character respectful of and sized appropriately for the area. The development plan
provides 37% of open space, with easy access from the surrounding residences and streets. No provisions are
made at this time for pedestrian pathways to be linked with bike/pedestrian trail proposed along the Dominion
Virginia Power right-of-way (ROW) or within the proposed open space areas. Bike/pedestrian trails within the
neighborhood's planned open space areas are encouraged. There is a good connection with the Princess
Anne Road multi -use path through the proposed neighborhood entrance at Princess Anne Road.
The site design demonstrates good street connectivity within the neighborhood and to adjoining existing or
planned roadways. Sidewalks have been provided throughout the neighborhood. The parcels have been
clustered to enable greater integration of and access to open space. Wherever feasible, existing larger stands
of trees or natural features should be preserved.
Based on staff's evaluation of the request, as provided above, staff recommends approval of this request as
proffered.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers
in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be as a residential subdivision of not more than one hundred twelve
(112) single family homes, substantially in accordance with the "Land Use Plan for Princess Anne Meadows",
dated March 22, 2013, prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning (the "Land Use Plan").
PROFFER 2:
When the Property is developed, vehicular ingress and egress to the Property shall be from the Princess Anne
Road via the new entrance road as depicted on the Land Use Plan. If, however, this new entrance road cannot
be approved and developed due to the existing "gravel lane" within an existing easement located immediately
adjacent to the west side of the proposed entrance road, the entrance will be relocated to a point along the
property's frontage on Princess Anne Road acceptable to the Director of the Department of Planning. If
relocated, the entrance will not have direct access to a median break.
PROFFER 3:
When the Property is developed, the homes will have the quality and architectural design substantially as
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 7
depicted and described on the ten (10) building elevations designated "Five Mile Stretch Rezoning Exhibit,
Kotarides Home Elevations", dated 3/23/13, which have been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning (the "Elevations"). The exterior building materials
shall be a combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank (cement
fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors on each home shall be
primarily earth tone.
PROFFER 4:
When the Property is developed, each one-story dwelling shall contain a minimum 15091750 square feet of
enclosed living area, excluding garage; each two-story dwelling shall contain a minimum of 4999 2150 square
feet of enclosed living area, excluding garage; and each dwelling shall have at least a one -car garage and two
(2) off-street parking spaces.
PROFFER 5:
When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions
establishing a mandatory membership Property Owner's Association. The area designated "Open Space" on
the Land Use Plan shall be rezoned to P-1 Preservation District prior to final subdivision approval. Upon
recordation of the approved subdivision plat, the areas designated "Open Space" shall be deeded to the
Property Owner's Association which shall be responsible for their maintenance.
PROFFER 6:
The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan shall be as follows:
Minimum lot area
Minimum lot width
Minimum front yard setback
Minimum setback from
public right-of-way (street) for a covered porch
Minimum rear yard setback
Minimum side yard setback
Minimum side yard setback adjacent to a street
Minimum setback for accessory structures from
side or rear property line not adjacent to a street
Maximum building height
Maximum allowable lot coverage
5,000 square feet
50 feet
20 feet
12 feet
20 feet
5 feet
15 feet
5 feet
37 feet
45%
Any other dimensional requirements not set forth herein, shall be the same as those provided for in the R -5D
Residential Zoning District as set forth in Section 502(a) of the Virginia Beach Zoning Ordinance.
PROFFER 7:
When the Property is developed, the party of the first part shall prepare and submit for review and approval by
the Director of the Department of Planning, prior to final subdivision approval, a landscape and signage plan
for the landscaping, signage and fencing along the Property's frontage on Princess Anne Road Project- Phase
IV, Capital Project 2.305.000, which is under construction.
PROFFER &
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
FIVE MILE STRETCH ASSOCIATES, L.L:C.
Agenda Items 4
Page 8
STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of certainty in terms
of the site's layout, the architecture and building materials to be used.
The City Attorney's Office has reviewed the proffer agreement dated March 23, 2013, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 9
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FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 11
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FIVE MILE STRETCH ASSOCIATES, L.L.C. ,
Agenda Items 4 }„'>
Page 12 1'
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Agenda Items 4 }„'>
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FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 14
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FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 17
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FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 19
PROPOSED ELEVATION
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 20
PROPOSED ELEVATION
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 21
PROPOSED ELEVATION
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 22
PRINCESS ANNE
�-.. ,. ,r•� cam. _. _�_ ♦ T T �
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'Zoning with Conditions Rroffers, Open Change of Zoning from AG-1/AG-2 to PD -H2
Space Promotion or PDH -2 Overlays
iTA= Interfacility Traffic Area underlying R -5D
ZONING HISTORY
#
DATE REQUEST
ACTION
1
01/09/2007 Conditional Use Permit Outdoor recreation — golf course
Approved
2
03/14/2000 Conditional Use Permit Outdoor recreation — golf course
Approved
3
05/27/1997 Subdivision Variance
Approved
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 23
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the ldk wtng:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach listfnecessary)
Five Mile Stretch Associates LLC
R.J. McGinnis, Managing Member
McGinnis Realty and Development Company, Member
2. List all businesses that have a parent-subsidtary' or affiliated business entity2
relationship with the applicant: (Attach Fist it necessary]
McGinnis Realty and Development Company
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only ifproperty owner is drlf inwi from appficant
tf the property owner is a corpoiation, partnership, firm, business, or other
unincorporated organization, complete the hollowing:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (A(tach list if necessary)
Five Mile Stretch Associates LLC, R.J. McGinnis, Managing Member
McGinnis Realty and Development Company, Member
2. List all businesses that have a parent -subsidiary or affiliated business entityz
relationship with the applicant: (Aitech list if necessary)
McGinnis Realty and Development Company
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ` See rwd page for rbohx**
Does an ofiaal or employee of the City of Virginia Beach have an interest in the
subject land? Yes ,_ No RJ
If yes, what is the name of the official or employee and the nature of their interest?
Cww*bW RWMkV Appliouon
PqP 11 or 12
PSAW 1 Ill &12=
DISCLOSURE STATEMENT
R
FIVE MILE STRETCH ASSOCIATES, L`:L.C.
Agenda Items 4
Page 24
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with reaped
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list N necessary)
Harry R. Purkey, Jr., P.C., Attorney
Gallup Surveyors & Engineers, LTD
Kotarides Developers, Land Planning
"Parent -subsidiary relationship' means's relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation.' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2'Aflillated business entity relationship' means 'a relationship, other than parent.
subsidiary relationship. that exists when (i) one business entity has a controlling ownership
interest in the other business entity, M a controlling owner In one entity is also a controlling
owner in the other entity, or flit) there Is shared management or control between the business
entities. Factors that should be considered in deterniirft the existence of on affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities: there are common or commingled funds or assets the
business entities share the use of the some omens or wriplayees or otherwise sham activities,
resources or personnel on a regular basis; or there is otherwise a does working relationship
between itis entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is hue and accurate.
I untlarstan d that, upon receipt of noti8c oon (posiowd) that the application has been scheduled for
public hearing, i am responsk* for obtaining and posting the required sign an the subject property at
least 30 days prior tc the sdeduled public hearing oowmlk g to the instructions in this package. The
undersr g toalso consents to photographand viewwtthesite for purposes the sub)ed pof roperty by
oldemployevevakmting 0* appicetbrrof the ct .
Five e S etch Associa s, LLC
I��_
A*1ceWs&dnature Ma aging Member Print Narne
Property Owner's Signature (H different than applicant) Print Name
CWW JNW Rr wftAPPGMV n
Pop PAVb 713 m
DISCLOSURE STATEMENT
FIVE MILE STRETCH ASSOCIi4TE% L.L.C.
Agenda Items 4
Page 25
11 DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below. (Attach list if necessary)
Five Mile Stretch Associates LLC
R.J. McGinnis, Managing Member
McGinnis Realty and Development Company, Member
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
McGinnis Realty and Development Company
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only If property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Estate of Annie B. Setzer and Brown K. Setzer
C/O James T. Cromwell, Special commissioner
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach fist if necessary)
® Check here N the property owner Is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& see next page for foobwtes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes 0 No
If yes, what is the name of the official or employee and the nature of their interest?
Cond6lonal Remnrw Apglueon
Page 11 of 12
Revl"d 11/188006
DISCLOSURE STATEMENT
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 26
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Harry R. Purkey, Jr., P.C., Attorney
Sykes, Bourdon, Ahem & Levy, P.C., Attorneys
Gallup Surveyors & Engineers, LTD
Kotarides Developers, Land Planning
' 'Parent -subsidiary relationship' means -a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation! See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
'Affiliated business entity relationship' means 'a relationship, other than pared -
subsidiary relationship, that exists when () one business entity has a controlling ownership
Interest In the other business entity, (IQ a controlling owner in one entity is also a controlling
owner in the other entity, or (1111) there Is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the some person
own or manage the two entities; there are common or commingled funds or assets; the
business entitles share the use of the some offloss or employees or otherwise share activities,
resources or personnel on a regular basis; or there Is otherwise a close working relationship
between the entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that on information contained herein Is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obfainir,g and poorg the required sign on the subject property st
least 30 days prior to the scheduled public hearing aocorctng to the Instructions in this pact age. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Fiv iA Stretch Associates, LLC
Awlcva Signature Managing Member Print Name
of
is Sion di fererd than aftficantl Print Name
James T. Cromwell, Special Commissioner Estates of Annie B. and Brown K. Selzer
CondkbndRmmhgApptfa don
Pyre 12 of 12
Rwiwd 7132007
DISCLOSURE STATEMENT
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 27
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractor or businesses that have or will provide services with reaped
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Harry R. Purkey, Jr., P.C., Attorney
Gallup Surveyors & Engineers, LTD
Kotarides Developers, Land Planning
'Parent -subsidiary relationship" means 'a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation.' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2'Afflliated business entity relationship" means's relationship, other than parent -
subsidiary relationship, that exists when C) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner In one entity is also a controlling
owner in the other entity, or (hit) there is shared martagernent or control between the business
entities. Factors that should be considered in determining the existence of an alfilialed
business entity relationship include that tare same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the some offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
1 understand that, upon receipt of notification (posh that the application has been uled for
public hearing, I am responsible for obtaining and posting the required sign an the subject property at
least 30 days prior to the adredrrled public hearing according to the irretructions in tiffs package. The
undersigned also consents to entry upon the subject property by employees of the Department of
M-11119to and view the site for purposes of processing and evaluating this application.
e it trey tcchh A dates, LLC
s ' net gl mer tint Name �
Jjy6 k k/a/.{,,,�J�.
P Ofi0hers Sig ature ( nt than applicant) Print Name
Walton
CondMonal RmmkV AppOodion
Pyla 12 or 12
Review) M2007
DISCLOSURE STATEMENT
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 28
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with resped
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Harry R. Purkey, Jr., P.C., Attorney
Gallup surveyors & Engineers, LTD
Kotarides Developers, Land Planning
1 'Paerd-subsidnary relationship' means 'a relationship that exists when one
corporation directly or indlredly owns shares possessing more than 50 percent of the voting
power of another corporation' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
I 'Affiliated business entity relationship' means 'a relationship, other than parert-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, Qq a controlling owner In one entity is also a controlling
owner in the other entity, or (til) there Is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiNabed
business entity relationship include that the same person or substantially the sane person
own or manage the two entities; there are common or commingled funds or assets, the
business entNes share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a dose workfg relationship
between the entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the infomation contained herein is true and gate.
I undastatd that, upon receipt of notification (postcard) that the application has been Kheduled for
public hearing, I am responsible for obtaining and posting the required sign an the subject property at
least 30 days prior to the scheduled public hearing according lo the instructions in this package. The
undersigned also consents to entry upon the subject properly by employees of the Depertrnent of
Planning to Rhotograph and view the sits for purposes of processing and evaluating this appketfon.
Five batch Associates, LLC
A ll S nu aging memDer Print Narne
Josyti y,,/,c�„
Property er's i9 a (if different than aWricant) Print Name Ing
Joseph F ncis alton, Managing Member
CondkbrW RumingAppkradon
Paye 12 or 12
fWeed 713rlco7
DISCLOSURE STATEMENT
FIVE MILE STRETCH ASSOCIATES, L.L.C.
Agenda Items 4
Page 29
Item #4
Five Mile Stretch Associates, L.L.C.
Conditional Change of Zoning
2800-2900 Block of Princess Anne Road
District 7
Princess Anne Road
July 10, 2013
REGULAR
An application of Five Mile Stretch Associates, L.L.C. for a Change of Zoning (AG1 /
AG2 Agricultural Districts to Conditional R.5D Residential District with PD -1-12 Planned
Unit Development Overlay) on property located on the 2800-2900 Block of Princess
Anne Road, District 7, Princess Anne. GPIN: 14944703100000; 14944616950000;
14944718770000;14944646660000;14944755020000;14944758470000;
14944853880000;14944796150000.
PROFFERS
PROFFER 1:
When the Property is developed, it shall be as a residential subdivision of not more than c
hundred twelve (112) single family homes, substantially in accordance with the "Land Us(
Plan for Princess Anne Meadows", dated March 22, 2013, prepared by Kotarides
Developers, which has been exhibited to the Virginia Beach City Council and is on file wit
the Virginia Beach Department of Planning (the "Land Use Plan").
PROFFER 2:
When the Property is developed, vehicular ingress and egress to the Property shall be frc
the Princess Anne Road via the new entrance road as depicted on the Land Use Plan. If,
however, this new entrance road cannot be approved and developed due to the existing
"gravel lane" within an existing easement located immediately adjacent to the west side o
the proposed entrance road, the entrance will be relocated to a point along the property's
frontage on Princess Anne Road acceptable to the Director of the Department of Planninc
If relocated, the entrance will not have direct access to a median break.
PROFFER 3:
When the Property is developed, the homes will have the quality and architectural design
substantially as depicted and described on the ten (10) building elevations designated "Fi
Mile Stretch Rezoning Exhibit, Kotarides Home Elevations", dated 3/23/13, which have N
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (the "Elevations"). The exterior building materials shall be a
combination of hand split cedar shakes, raised seam metal roof accents, Hardie Plank
(cement fiber), premium vinyl siding , wood, stucco, hardboard, and masonry. The colors
each home shall be primarily earth tone.
Item #4
Five Mile Stretch Associates, L.L.C.
Page 2
PROFFER 4:
When the Property is developed, each one-story dwelling shall contain a minimum 1500
square feet of enclosed living area, excluding garage; each two-story dwelling shall contain
a minimum of 1900 square feet of enclosed living area, excluding garage; and each dwelling
shall have at least a one -car garage and two (2) off-street parking spaces.
PROFFER 5:
When the Property is subdivided, all lots shall be made subject to a recorded set of Deed
Restrictions establishing a mandatory membership Property Owner's Association. The area
designated "Open Space" on the Land Use Plan shall be rezoned to P-1 Preservation
District prior to final subdivision approval. Upon recordation of the approved subdivision plat,
the areas designated "Open Space" shall be deeded to the Property Owner's Association
which shall be responsible for their maintenance.
PROFFER 6:
The dimensional requirements applicable to the Princess Anne Meadows Land Use Plan
shall be as follows:
Minimum lot area
Minimum lot width
Minimum front yard setback
Minimum setback from
public right-of-way (street) for a covered porch
Minimum rear yard setback
Minimum side yard setback
Minimum side yard setback adjacent to a street
Minimum setback for accessory structures from
side or rear property line not adjacent to a street
Maximum building height
Maximum allowable lot coverage
5,000 square feet
50 feet
20 feet
12 feet
20 feet
5 feet
15 feet
5 feet
37 feet
45%
Any other dimensional requirements not set forth herein, shall be the same as those
provided for in the R -5D Residential Zoning District as set forth in Section 502(a) of the
Virginia Beach Zoning Ordinance.
PROFFER 7:
When the Property is developed, the party of the first part shall prepare and submit for
review and approval by the Director of the Department of Planning, prior to final subdivision
approval, a landscape and signage plan for the landscaping, signage and fencing along the
Property's frontage on Princess Anne Road Project- Phase IV, Capital Project 2.305.000,
which is under construction.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan review and
Item #4
Five Mile Stretch Associates, L.L.C.
Page 3
administration of applicable City Codes by all cognizant City Agencies and departments to
meet all applicable City Code requirements.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
ABSENT
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
ABSENT
By a vote of 9-0, the Commission approved item 4.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
Christine Riley, Lisa Hartman, and Carl Neidhold appeared before the Commission in
opposition.
In Reply Refer To Our File No. DF -8702
TO: Mark D. Stiles
FROM: B. Kay Wilso
*LD
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: October 16, 2013
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Five Mile Stretch Associates, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 22, 2013. 1 have reviewed the subject proffer agreement, dated
August 5, 2013 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
PREPARED BY:
53M SYK£S, BOURDON,
MH A11£1IN & L£VY, R� .
FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company
JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B.
SETZER AND BROWN K. SETZER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 5th day of August, 2013, by and between FIVE MILE
STRETCH ASSOCIATES, LLC, a Virginia limited liability company, party of the first part,
Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF
ANNIE B. SETZER AND BROWN K. SETZER, party of the second part, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of four (4) parcels of property
located in the Princess Anne District of the City of Virginia Beach, Virginia, containing
approximately 23.23 acres designated as Parcels One, Two, Three and Four in Exhibit "A"
attached hereto and incorporated herein by this reference. Parcels One, Two, Three and
Four, along with the other pieces and parcels of land described herein and in Exhibit "A"
are hereinafter collectively referred to as the "Property"; and
GPIN: 1494-47-0310 (Parcel 1)
1494-46-1695 (Parcel 1)
1494-47-1877 (Parcel 2)
1494-46-4666 (Parcel 3)
1494-47-5502 (Parcel 4)
1494-47-5847 (Parcel 5)
1494-48-5388 (Parcel 6)
1494-47-9615 (Parcel 7)
Prepared By & Return To:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB #2216o
1
PREPARED BY:
OM SYUS, R®UPDON,
WE A1110 & LtVY, IT.
WHEREAS, the party of the second part by Order of the Circuit Court of the City of
Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer
Harvey, et al in Chancery No. CHor-io96, has been empowered and directed to sell those
certain parcels of property located in the Princess Anne District of the City of Virginia
Beach, Virginia, containing approximately 13.5 acres designated as Parcels Five, Six and
Seven in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels
Five, Six and Seven, along with the other pieces and parcels described herein and in
Exhibit "A" are hereinafter collectively referred to as the "Property"; and
WHEREAS, the party of the first part is the owner and the contract purchaser of the
assembled property containing approximately 37.12 acres and has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition
addressed to the Grantee so as to change the Zoning Classification of the Property from
AG -1 and AG -2 Agricultural District to Conditional PDH -2 District with an underlying R -
5D Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the party of the first part acknowledges that the competing and
sometimes incompatible uses conflict and that in order to permit differing uses on and in
the area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantors' rezoning
application gives rise; and
WHEREAS, the party of the first part has voluntarily proffered, in writing, in
advance of and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the PDH -2
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted as a part of said amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, the party of the first part, for itself, its successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
PC
PREPARED BY:
b3 : SYLES. BOURDON,
Oil A1IEPN & LLVY, P.C.
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenant and agree that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantees, and other successors in interest or
title:
1. When the Property is developed, it shall be as a residential subdivision of
not more than one hundred twelve (112) single family homes, substantially in accordance
with the "Land Use Plan for Princess Anne Meadows", dated March 22, 2013, prepared by
Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning (the "Land Use Plan").
2. When the Property is developed, vehicular ingress and egress to the
Property shall be from Princess Anne Road via the new entrance road as depicted on the
Land Use Plan. If, however, this new entrance road cannot be approved and developed
due to the existing "gravel lane" within an existing easement located immediately adjacent
to the west side of the proposed entrance road, the entrance will be relocated to a point
along the property's frontage on Princess Anne Road acceptable to the Director of the
Department of Planning. If relocated, the entrance will not have direct access to a median
break.
3. When the Property is developed, the homes will have the quality and
architectural design substantially as depicted and described on the ten (1o) building
elevations designated "Five Mile Stretch Rezoning Exhibit, Kotarides Home Elevations",
dated 3/23/13, which have been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning (the "Elevations"). The exterior
building materials shall be a combination of hand split cedar shakes, raised seam metal
roof accents, Hardie Plank (cement fiber), premium vinyl siding, wood, stucco, hardboard,
and masonry. The colors on each home shall be primarily earth tone.
4. When the Property is developed, each one-story dwelling shall contain a
minimum 1750 square feet of enclosed living area, excluding garage; each two-story
dwelling shall contain a minimum of 2150 square feet of enclosed living area, excluding
3
PREPARED BY:
OM SYKES, BOURDO N,
ME AFIERN & LtVY. iT.
garage; and each dwelling shall have at least a one -car garage and two (2) off-street
parking spaces.
5. When the Property is subdivided, all lots shall be made subject to a recorded
set of Deed Restrictions establishing a mandatory membership Property Owner's
Association. The areas designated "Open Space" on the Land Use Plan shall be rezoned to
P-1 Preservation District prior to final subdivision approval. Upon recordation of the
approved subdivision plat, the areas designated "Open Space" shall be deeded to the
Property Owner's Association which shall be responsible for their maintenance.
6. The dimensional requirements applicable to the Princess Anne Meadows
Land Use Plan shall be as follows:
• Minimum lot area
• Minimum lot width
• Minimum front yard setback
• Minimum setback from a public right of
way (Street) for a covered porch
• Minimum rear yard setback
• Minimum side yard setback
• Minimum side yard setback adjacent to a street
• Minimum setback for accessory structures from
side or rear property line not adjacent to a street
• Maximum building height
• Maximum allowable lot coverage
• Any other dimensional requirements not set forth
herein, shall be the same as those provided for in
the R -5D Residential Zoning District as set forth
in Section 502(a) of the Virginia Beach Zoning
Ordinance.
5,000 square feet
50 feet
20 feet
12 feet
20 feet
5 feet
15 feet
5 feet
37 feet
45%
7. When the Property is developed, the party of the first part shall prepare and
submit for review and approval by the Director of the Department of Planning, prior to
final subdivision approval, a landscape and signage plan for the landscaping, signage and
fencing along the Property's frontage on Princess Anne Road that will be in addition to the
PREPARED BY:
MM SYKES, BOURDON,
Wil MEIN & LEVY, P.C.
proposed landscaping to be completed as part of the Princess Anne Road Project -Phase IV,
Capital Project 2.305.000, which is under construction.
8. Further conditions may be required by the Grantee during Subdivision
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
5
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantor and the Grantee.
PREPARED BY:
OM SUES. R®URDON.
Wig Al (ERN & LEVY, P.C.
M
WITNESS the following signature and seal:
Grantor:
Five Mile Stretch Associates, LLC,
a Virgini ited liability company
gyp% (SEAL)
McGinnis, anaging Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 6th day of August, 2013,
by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia
limited liability company, Grantor.
Notary Public
My Commission Expires: August 31, 2014
Notary Registration Number: 192628
PREPARED BY:
WO SYKES, BOURDON,
01 Al TERN & LWY, P.C.
7
WITNESS the following signature and seal:
Grantor:
Special Commissioner for the Estates of Annie B.
Setzer and Brown K. Setzer
By; (SEAL)
Ves'T. tromwell, h1ecial Commissioner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 6th day of August, 2013,
by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer and Brown
K. Setzer, Grantor.
14
otary Public
My Commission Expires: August 31, 2014
Notary Registration Number: 192628
PREPARED BY:
IBM SYKLS. BOURIDO N,
90 AIILRN & LEVY, IT.
PREPARED BY:
0,M SUFS, BOURDON,
dIN AIII RN & LEVY, P.C.
EXHIBIT 'W'
PROPERTY DESCRIPTION
Parcel 1:
ALL THAT certain tract, piece, or parcel of land, with the improvements thereon and the
appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in
the City of Virginia Beach, Virginia, lying on both sides of "the five mile stretch" of Princess
Anne Road between Princess Anne Courthouse and North Land Town Road, and known,
numbered and designated as "3o Acres" on a plat of survey entitled "Survey for Mrs. John
T. Brown of 3o Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated
March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page
243; SAVE and EXCEPT, however, the following portions thereof: (a) That portion of land
lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page
332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne
Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain
tract, piece and parcel of land lying south of Princess Anne Road shown on a survey
entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne
Road, being part of the property entitled Survey for Mrs. John T. Brown, 3o Acres of land
near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale
1"=1oo' — June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c)
All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by
Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies
adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey
as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat."
Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between
parallel lines to unequal distances, but in excess of 300 feet.
GPIN: 1494-47-0310
1494-46-1695
Parcel 2:
ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia
(formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to
be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being
more particularly bounded and described as follows; to -wit: BEGINNING at a pin in the
southwestern line of the Norfolk -Southern Right of Way, which pin is also in the dividing
line between property herein conveyed, and property of Thelma B. and Margaret G.
Williams, and from said point of beginning thence S 21°44'20" W 54.48 feet to a point;
thence along a center line of a ditch N 57053'W 345.32 feet on a pin; thence along the
centerline of a ditch N 7024'3o" E 251.33 feet to a pin in the southwestern line of the
Norfolk -Southern Railroad Right of Way; thence along said right of way S 36°15' E 473.95
feet to the point of beginning.
GPIN: 1494-47-1877
C
PREPARED BY:
Q.: S)TES, BOURDON,
Oil A]IERN & LLYK RC.
Parcel 3:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, and being known and designated as "Tract F 6.1 Ac." On that
certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE
COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W.
B. Gallup, County Surveyor, and which plat is duly of record in that certain ended
Chancery File Number 18lo in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin
Russell, et als, were Defendants; reference to said plat being hereby made for a more
particular location and description of the aforesaid property.
GPIN: 1494-46-4666
Parcel 4:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, and being known and designated as Tract "G1 2.o Ac." On that
certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE
COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W.
B. Gallup, County Surveyor, and which plat is duly of record in that certain ended
Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin
Russell, et als, were Defendants; reference to said plat being hereby made for a more
particular location and description of the aforesaid property.
GPIN: 1494-47-5502
Parcels 5 & 6:
ALL THAT certain tracts, pieces or parcels of land, with the buildings and improvements
thereon, situate, lying and being in Princess Anne Borough of the City of Virginia Beach,
Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and
Tract "G-3 4.7 Ac." On that certain plat entitled, "Property of J. T. Brown Estate, Located
near PRINCESS ANNE COURT HOUSE — P.A. CO., VA.", which plat is dated May 13,
1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in
that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs
and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made
for a more particular location and description of the aforesaid property.
GPIN: 1494-47-5847 (Parcel 5)
1494-48-5388 (Parcel 6)
its]
PREPARED BY:
OM SYKES, BOU12DON,
001 Al MINT & LEVY. P.C.
Parcel 7:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, and being known and designated as "Tract D2 7.5 Ac." On that
certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE
COURT HOUSE — P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W.
B. Gallup, County Surveyor, and which plat is duly of record in that certain ended
Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin
Russell, et als, were Defendants; reference to said plat being hereby made for a more
particular location and description of the aforesaid property.
GPIN: 1494-47-9615
H:\AM\Conditional Rezoning\Five Mile Stretch\Proffer_Final 8-05-13.doc
11
L. UNFINISHED BUSINESS
K. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
PENDLETON PROJECT MANAGEMENT BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL/SCHOOL BOARD
JOINT MEETING
1. FIVE-YEAR FORECAST
2.2015 EMPLOYEE HEALTH CARE
TUESDAY, NOVEMBER 19, 2013
2:30 P.M.
2014 CITY COUNCIL RETREAT
Economic Development Conference Room
8:30A.M-5.-00P.M
Monday, January 6th'
and
Tuesday, January 7 1h , 2014
2013 CITY HOLIDAYS
['eterans Dal, - .11onday, Noveinber I/
Tltanks,gr,,iving Da, and Day after Thanki�givinq
Thursday, November 28 and Friday, N7oveinber 29
Christmas Eve (half -derv) - Tuesthv, December 24
Christmas Dery - ffednesda.r, December 25
CITY OF VIRGINL4 BEACH
BRIEFINGS
SUMMARY OF COUNCIL ACTIONS
A. STRATEGIC PLAN re
Andrew Friedman,
R
Director, Housing
O
and Neighborhood
S
DATE: 10/08/2013 PAGE: 1
Preservation
S-
D
Tim McCarthy,
H
S
AGENDA
E
H
A
E
W
ITEM # SUBJECT MOTION VOTE
D
S
E
J
M
S
U
I
Community
A
T
D
N
O
M
M
S
H
L
W
V
E
Y
L
N
O
O
O
R
S
O
I
P
E
E
E
S
N
M
I
O
O
S
H
R
Y
S
S
D
S
N
N
D
I.
BRIEFINGS
A. STRATEGIC PLAN re
Andrew Friedman,
HOMELESSNESS
Director, Housing
and Neighborhood
Preservation
Tim McCarthy,
Chairman, BEACH
Community
Partnership
B. AQUARIUM — Agreement
Lynn Clements,
Amendment
Director, Museums
C. PAID LEAVE FOR CITY
Regina Hilliard,
EMPLOYEES
Director, Human
Resources
C. ARREARS PAYROLL
City Council
Discussion
H/III/IVN/
CERTIFICATION OF CLOSED
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
VI -E
SESSION
F.
MINUTES September 24, 2013
APPROVED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
G/H.
MAYOR'S PRESENTATIONS
1. NATIONAL COMMUNITY
Jack Whitney,
PLANNING MONTH — Proclamation
Director, Planning
2. OCEANS 12 Recognizing:
Ray Toll, Chairman
Jim Ricketts, Director, Convention
Bureau
Sally Noona, Marketing and Sales
Coordinator
Lynn Clements, Director, Museums
I.
PUBLIC HEARING
1. Byrne Memorial Justice Grant
No Speakers
Allocation
2. Community Legislative Agenda
1 Speaker
J/1.
Resolutions AUTHORIZING 2013
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
issuance of $46,060,000 in Water/Sewer
CONSENT
Revenue Bonds
2.
Ordinance to AUTHORIZE
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
AMENDMENT to Agreement with the
Aquarium Foundation re "Aerial
Adventure Attraction"
CITY OF VIRGINL4 BEACH
Ordinance to ESTABLISH "Thalia
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
Station Revitalization and Conversion"
CONSENT
R
O
TRANSFER/APPROPRIATE $735,000
S
DATE: 10/08/2013 PAGE: 2
DISTRICT 5 - LYNNHAVEN
S-
D
4
Ordinance to APPROPRIATE donated
ADOPTED, BY
11-0
H
S
Y
Y
Y
AGENDA
Y
E
Y
H
Y
A
E
W
ITEM # SUBJECT MOTION VOTE
D
S
E
J
M
S
U
I
A
T
D
N
O
M
M
S
H
L
W
5
V
E
Y
L
N
O
O
O
R
S
O
Y
I
P
E
E
E
S
N
M
I
O
O
S
H
R
Y
S
S
D
S
N
N
D
3
Ordinance to ESTABLISH "Thalia
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Station Revitalization and Conversion"
CONSENT
for an EMS station/
TRANSFER/APPROPRIATE $735,000
DISTRICT 5 - LYNNHAVEN
4
Ordinance to APPROPRIATE donated
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
$600 to Fire Station No. 01- DISTRICT 5
CONSENT
-LYNNHAVEN
5
Ordinance to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
ACCEPT/APPROPRIATE Grant from
CONSENT
Edward Byrne Justice Assistance:
a. $15,120 to the Sheriff
b. $32,000 to the Police
c. $62,117 to Parks/Recreation for Youth
Opportunities
K/1.
STEPHEN L./LYNETTE M.
APPROVED/
10-1
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
Y
ROHRING, re Variance to Subdivision
CONDITIONED,
Regulations, §4.1 (m)(1) of the CZO r -o -w
BY CONSENT
for streets/Special Exception, under
Form -Based Code, for a nonconforming
structure at 423 20" Street - DISTRICT 6
—BEACH
2
BEACH MUNICIPAL FEDERAL
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CREDIT UNION/SISTERS II, LLC
PROFFERED, BY
Conditional COZ from AG -2 to B-2 re full
CONSENT
service Credit Union at 2440 Princess
Anne Road- DISTRICT 7 — PRINCESS
ANNE
3
COMMONWEALTH
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
PROPERTIESAB APT LAND, L.C. for
PROFFERED, BY
a Conditional COZ from A-18 to
CONSENT
Conditional A-36 at 4585 Wicklow Place
DISTRICT 3 — ROSE HALL
4
REED ENTERPRISES at Holland and
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Dam Neck Roads: DISTRICT 7 -
PROFFERED/
CONDITIONED,
PRINCESS ANNE
BY CONSENT
a. Conditional COZ from AG -2 to
Conditional B-2
b. CUP: auto repair/bulk storage
CITY OF VIRGINIA BEACH
SANDPIPER, LLC/JERRY J.
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
COLLIER Conditional COZ from B-2 to
PROFFERED, BY
R
CONSENT
O
Drive - DISTRICT 4 — BAYSIDE
S
DATE: 10/08/2013 PAGE: 3
APPOINTMENTS
S-
D
PARKS and RECREATION
Appointed
Unexpired + 3 Years
11-0
H
S
Y
Y
Y
AGENDA
Y
E
Y
H
Y
A
E
W
ITEM # SUBJECT MOTION VOTE
D
S
E
J
M
S
U
I
Michael H.
A
T
D
N
O
M
M
S
H
L
W
V
E
Y
L
N
O
O
O
R
S
O
I
P
E
E
E
S
N
M
I
O
O
L—
S
I
H
I
R
I
Y
I
S
I
S
I
D
I
S
I
N
I
N
I
D
I I
5
SANDPIPER, LLC/JERRY J.
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
COLLIER Conditional COZ from B-2 to
PROFFERED, BY
Conditional H-1 at 4800/4802 Alicia
CONSENT
Drive - DISTRICT 4 — BAYSIDE
L.
APPOINTMENTS
PARKS and RECREATION
Appointed
Unexpired + 3 Years
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
COMMISSION
to 8/21/17
Michael H.
Levinson
N/O/P
ADJOURNMENT
6:17 P.M.
PUBLIC COMMENTS
Five Speakers
6:17-6:34 P.M.
CITY COUNCIL WORKSHOP
CANCELLED
November 5, 2013
2013 CITY HOLIDAYS
Veterans Day - Monday, November 11
Thanksgiving Day & Day after Thanksgiving - Thursday,
November 28 & Friday, November 29
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - Wednesday, December 25