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HomeMy WebLinkAboutAUGUST 11, 2015 WORKSHOP MINUTES -1- 4141(A tE1441 5,0 V : , f' a 4,°E6 99ltm 1.4; UR NI.Z.U'•.., VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 11, 2015 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S WORKSHOP in the City Council Conference Room, Tuesday, August 11, 2015, at 4:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss out of town -Business August 11, 2015 -2- CITY COUNCIL'S BRIEFING 2017 ANNUAL CONFERENCE SISTER CITIES INTERNATIONAL 4:00 P.M. Mayor Sessoms welcomed Ruth Hodges Fraser, MMC, City Clerk. Ms. Fraser expressed her appreciation to City Council for their continued support of the Sister Cities Program and the Sister Cities Association of Virginia Beach (SCAVB). Ms. Fraser advised Carolyn Garret, Vice President - SCAVB will be providing today's briefing. Mrs. Garrett expressed her appreciation to the City Council and recognized the SCAVB Board Members present. Mrs. Garrett advised she had the privilege to attend the Sister Cities International Annual Conference for the past two (2)years and is proud the City is well represented and respected. The goal is to connect globally and the City will thrive locally. Sister Cities International is an example of Diplomacy at the municipal level, at the epitome. Mrs. Garrett advised the Conferences gave her the opportunity to talk with people across the globe. The opening day of the Conference is very moving seeing all of the people carrying flags from across the United States. The Youth Program is held parallel to the Conference and gives youth the opportunity to studying Diplomacy from individuals all over the world. Mrs. Garrett advised this Conference is an excellent opportunity to "show-off" the City and give them the first-hand experience of the "greatest city in the world". In the past, the "host" city has been extremely involved and, of course, SCAVB will need financial assistance from the City when Virginia Beach is awarded the SCI Conference bid. Mayor Sessoms was very excited and thanked the entire SCAVB Board for what they are doing and all of their hard work. August 11, 2015 -3- CITY MANAGER'S BRIEFING CITY MANAGER EXECUTIVE SEARCH AND PUBLIC INPUT PROCESS 4:11P.M. Mayor Sessoms advised the City Council adopted an Ordinance to hire a professional firm to assist in advertising and scheduling interviews for the City Manager's position. The City Council discussed the process of obtaining input from Citizens and Employees on the type of qualities they would like to see in the next City Manager. Councilman Moss sent an email regarding his thoughts on the hiring process, a copy of which is attached hereto and made a part of the record. The Mayor will host five (5) meetings with employees to discuss what they would like to see in the new City Manager and welcomes City Council Members to attend. Mayor Sessoms advised Regina Hilliard, Human Resources—Director, will work to get employees to the meetings. The goal is to have all District meetings held no later than September but not rush the process. The City Council has a plan to appoint an Interim City Manager just in case it becomes necessary. Council Lady Wilson recommended discussing this with various stakeholders representing different groups and organizations. She feels the input of these individuals is one of the reasons the City is so successful. Councilman Wood suggested the City establish some sort of education on the Council/Manager Form of Government so the participants are prepared to offer their thoughts. Councilman Dyer suggested City Council Members get together and combine the District meetings in an effort to save money and staff time. Mayor Sessoms asked that the majority of the emphasis be placed on the search for the new City Manager and not get diverted by the Budget,pending or future projects. August 11, 2015 8/10/2015 9:15 AM Ruth H. Fraser From: John Moss <mossjohn@cox.net> Sent: Saturday,August 08, 2015 8:16 PM To: Ruth H. Fraser Cc: Mark Stiles Subject: Tuesday, August 11, 2015; Council Workshop on City Manager Recruitment Ruth, Please pass on the content below. Dear Colleagues: The following our my thoughts for consideration during your discussions on Tuesday on the subject. 1. While I favor a City Council designated advisory group where each of us designates one person to share with the search firm desirable characteristics of a city manager. I do not favor any parties other than the hired search team knowing any of the candidates identified for consideration; and, only the search team and all members of city council knowing the candidates for final consideration. Otherwise the confidentially and accountability for confidentially cannot be assured. 2. The current city manager should play no role in the recruitment process and have no interactions with the search team we have hired. We are focused on the future not the habits of the past. 3. All communications from the search team to any member of city council will be made available to all members of city council at the same time. 4. Each member of city council should have the opportunity to identify organizations and individuals within the community to be contacted by the executive search firm. 5. I support a town hall in each district for citizen input, and council members can attend as they are able. 6. The search should not be limited to individuals currently serving as city managers or other municipally employed individuals. The search should include the private sector, state, federal, and military sectors as well. 7. I favor an outside selection. 8. I would favor an interim acting city manager over letting the date of the city manager's resignation drive our decision-making process. 9. Other considerations are more appropriate for another point in the process. I understand this communication is subject to release under FOIA and I request the City Clerk make it part of the public record for the workshop. With warm regards, 1 -4- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE 4:18 P.M. Mayor Sessoms welcomed Jeryl Phillips, Comprehensive Planning Coordinator. Ms. Phillips expressed her appreciation to City Council for their continued support: i1 ft -' l ce♦ Progress Report on Review and Update of the == 2009 Comprehensive Plan LI "It's Our Future" a= tri_ City Council Brief August 11, 2015 Below is an overview of the purpose of this presentation. The goal is to complete the State-mandated five (5)year Review of the Comprehensive Plan: . �aFk . Project Purpose • State-mandated 5 Year Review of Comprehensive Plan (Dec.2009) • 3 elements: • Policy Document-policy statements guiding City's long- range physical growth and development • Technical Report-existing conditions,supporting data and maps • Reference Handbook-reference material(guidelines,docs adopted by reference,agenda for future action) • Planning Commission prepares update with public input and recommends to City Council August 11, 2015 -5- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE (Continued) Below is a summary of the Plan Policy Document: 2009 Comprehensive Plan Policy Document • Introduction • City Council Priorities 6 • Desired Outcomes • City Planning History/Trends • Land Use Policies —�' • Urban Area "' • Suburban Area ..-• • Princess Anne&Transition Area '-743,1111c Rural Area • Master Transportation Plan con�raieensrvrnnri.,. • Environmental Stewardship Framework • Housing&Neighborhoods Plan Below are the Goals of the project: Goals • Acknowledge plan implementation accomplishments,build on successes • Forward focus-planning horizon of 20+years-"Plan Virginia Beach 2040-It's Our Future' and align with Envision VB 2040 and Sustainability Plan,other local and regional plans • Responsive to public,Planning Commission and City Council direction • Responsive to emerging trends and issues(local,regional, national) • Responsive to state planning mandates • Accommodating transportation/transit needs for special populations (i.e.,seniors) • State preference and technical guidance for"living shorelines' • Adaptation strategies for recurrent flooding and sea level rise August 11, 2015 -6- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE (Continued) Below are the Milestones of the project: Milestones • Jan-June 2014: "Taking Stock" • June-July 2014: Project kickoffs with Planning Commission and City Council • Fall 2014: Phase 1 Input(City staff and public) • 2 City staff stakeholder workshops • 5 public open houses w/citizen surveys • Virtual Town Hall public survey • Stakeholder group input(e.g.,Virginia Beach Vision, CBDA) Below are the "overall statements"from the public input: Public Input • Most frequently-stated things residents want to see remain the same in next 20 years: • Parks and open space Ammis. • Rural area • Great schools • '� ..• it • i r • Recreation centers w., August 11, 2015 -7- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE (Continued) Below are the most frequently-stated things Citizens want improved over the next twenty(20)years: Public Input • Most frequently-stated things residents want to see improved over next zo years: • Transportation and transit • Environmental stewardship • Employment opportunities • More bike lanes,biking and walking trails • More green spaces/open space protection and protection of Rural Area • Protection of Shore Drive Corridor(i.e.,residential character protection,use of beaches) • Fostering growth of the Strategic Growth Areas(SGAs) • Compatible mix of uses,variety of housing lifestyle choices, and housing affordability Below are the top two (2)most important planning issues to address in the Plan: Public Input • Top 2 most important planning issues Planning Commission should address in next Comp Plan: • Transportation • road congestion • more mode choices including better public transit • roadway design improvements • connectivity(walking and biking trails,more sidewalks) • Environmental Stewardship 1- R y • stormwater management _ I- _ x F ' • recurrent flooding responses " 4. • planning for sea level rise • more parks and recreation facilities August 11, 2015 -8- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE (Continued) Below are the Major Themes from stakeholders and employees: Major Themes • Transportation--choices(including public transportation), improvements,and traffic congestion • Community connectivity--pedestrian,bikeways and trails planning • Environmental stewardship and resiliency planning-- stormwater management,floodplain management,adaptation planning for rising waters,recurrent flooding and coastal storms • Parks/open space planning and protection • Rural Area protection and agricultural vitality-- as a major part of our local economy • Affordable housing • Aging neighborhoods and commercial centers • Aging and accessibility issues • Infrastructure planning and maintenance Below are the most current Milestones of the project: Project Milestones • February 2015: Preliminary Report to Planning Commission, FY2016 project budget request • February 2015: Adopted updated Transition Area Policies& Design Guidelines • February-May 2015: Planning Commission worksessions reviewing 2,009 Plan chapters • Summer-Fall 2015(we are here) • Staff/Planning Commission initial drafting • Internal(staff)and external stakeholder vetting(e.g.,Citizen Advisory Committees/Commissions,other stakeholder and civic groups) • October: Begin Planning Commission review of preliminary draft chapters August 11, 2015 -9- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE (Continued) Below are the Priorities in drafting the Plan: Plan Drafting Priorities • Address citizen priorities and state planning mandates • Incorporate extensive Planning Commission input for each chapter with continued stakeholder involvement • Incorporate Master Transportation Plan modeling results- available late Summer/Fall 2015 • Add map/policies for areas of special consideration for drainage • Add chapter on Economic Vitality • Prioritize"Agenda for Future Action"-systematic updating of adopted area plans • Guidance for Capital Improvement Planning • Finalize Technical Report and Reference Handbook Design Guidelines Below is the completion schedule: Project Completion Schedule • January 2016 - Draft Plan presentation to Planning Commission and available for general public review and feedback public open houses online review/comment • February zot6 Incorporate public comment,prepare final draft • March 2016 Final Draft Plan presented to Planning Commission,3o-day public review period • April 2016 - Planning Commission public hearing for adoption,referral to City Council for action • May 2016 • City Council public comment meeting and public hearing for adoption August 11, 2015 -10- CITY MANAGER'S BRIEFING COMPREHENSIVE PLAN UPDATE (Continued) Questions & Comments Mayor Sessoms thanked Ms. Phillips and the entire Stafffor all of the work on this Project. August 11, 2015 -11- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT 5:02 P.M. Mayor Sessoms welcomed Dave Hansen, Deputy City Manager. Mr. Hansen expressed his appreciation to City Council for their continued support. Today's Briefing provides an update with discussion regarding some possible program modifications: erg~ Neighborhood Navigation Dredging SSD Program Update and Program Modification Discussion City Council Briefing DCM Dave Hansen August 11,2015 Neighborhood Dredging Program Update Program Overview and current projects status Potential program modification for adding properties to existing districts August 11, 2015 -12- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) The Neighborhood Dredging Program Initiative supports City Council Goal#4: Neighborhood Dredging Program Initiative '-Supports City Council Goal#4: Revitalize Neighborhoods and Plan for the Future -Re-establishes Use of Navigable Channels •-Improves Water Quality The Program has three funding sources: Current Structure Neighborhood channel funded by SSD ifCity cost share's by funding spur channel I; a W 1L . 1 Individual funding of turn basins City management of project Economies of scale Defined schedule 4th,8th and 12th year rate reviews Sunset duration August 11, 2015 -13- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Below is a Summary of the program: Program Summary 28-Districts Evaluated 13-Petitioned 7—Adopted 4-Failed 2-Still In Petition Phase 5- Design/Permitting Phase 2-Under Construction The first seven (7) listed have Ordinances adopted by City Council, the eighth and ninth ones listed are in the petition phase, 10 through 24 have shown interest in the Program and the last four (4)failed to meet the criteria, except for Baycliff and they withdrew: Neighborhoods In Play 1. Old Donation Creek(UC) 2. Bayville Creek(UC) 3. Shadowlawn 4. Chesopeian Colony 5. Harbour Point 6 Gills Cove 7 Hurds Cove 8. Little Neck Creek 9 D,Creek _ 10. Lynnhaven Acres r jig 11. Bayville Creek West T 12. Hebden Cove "r 13. Pembroke Manor Br 14. WRchduck Bay 15. Cedar Lane 16. Buchanan Creek West t 17. River Haven 18. Broad Bay 19. Winthrope Cove 20. Little Haven Cow 21. Owls Creek 25 Buchanan Creek 22. Jody Cow 26 Thoroughgood Cove 23. Witchduck Cove 27 Baycliff 24. Wlt hduck 28. Robin Hood Forest August 11, 2015 -14- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Below is a map of the SSD Projects: � 'lYYIIIIIlONtYOf � �YYpYY, �� ,. IIMEIME 4100. 'tYIICIlOYa \Y, I nYANNx[I ++ •'>" MRdI011Q� / YY I • IYIIIII�OR YIpY11Y1NN �. C+* 4+ � F EOYI. OOV! IIIMMOY M1N011 711NM}1KA�lIAY, -uo aam.. csc.annea lYiq -petitbn Max Interest PM1ase -EOf6InNrest Not i1sF'eved � -_ .p,..Inre.Rrmshr St.tlon Below is an overview of the project delivery team: Project Delivery Team r City Leads - Public Works Engineering - City Attorney's Office - Real Estate - Finance-Purchasing/Contracting - Management Services&Budget Consultants - Langley&McDonald/Kerr Environmental - Waterway Surveys&Engineering Agencies - U.S.Army Corps of Engineers - VA Department of Environmental Quality - VA Marine Resources Commission August 11, 2015 -15- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Old Donation Creek was adopted on September 13, 2011, with sixty-six(66)properties participating: 66 Properties Old Donation Creek 18.40 '''.- ri*W '; 14*Ar.4tE; ' ' (N Bu .t.,tt. .„,,,,v `* *® � �� #4,,,. ....... ..., � � ..��AtV- ba 1144y t: ' ' ssh ., 4,:,,. ..,,,,,..„„„,„. _7—t.tiolhilL11"1111P4111P* *SI I '''' \ Ell..---•.. , 404tibillordlio, VP. N 10, ) ,,,, isolikNI,401,:rstwear, 41) Old Donation Creek Adopted 9/13/2011 �r p? s . Contract NTP -,,,,..47� 1/30/2015 with ''� WBLR r WBLR Dredging F I Underway • ODC SSD Dredging Begins 11/24/2015 ODC SSD Dredging Completed 4/6/2016 • Contractor:Carolina Marine Structures August 11, 2015 -16- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) The Whitehurst Disposal Area is a City-Owned facility for use by all City and SSD Dredging projects: Whitehurst Disposal Area • City-owned facility for use by all City and SSD dredging projects • Permitted separately as a dredged material disposal area _ ---,, Over 900,000 cubic yard capacity • Located on east side of Oceana Blvd Bayville Creek was adopted on March 27, 2012, with twelve (12)properties participating: Bayville Creek 12 Properties I 36.30 - i�►�ItZt111j4 ,..----T-,4.-- "'---1 ik\ August 11, 2015 -17- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Bayville Creek Adopted 3/27/2012 Contract NTP 8/1/2015 Contractor begins mobilization to construct temporary transfer pier on 8/13/2015 Dredging Starts 11/1/2015 Dredging Completed 1/30/2016 . Contractor:Docks on the Bay Shadowlawn was adopted on March 12, 2013, with thirty-one (31)properties participating: Shadowlawn -46iAdopted +� {{ {��{ovi { a"N •1"`• sotio 3/12/2013 Vii{ p{All w"- t ;wit JPA Submitted {I�{� Q6� {1di� and Under I "'i1►U���N gti�� :001 11 art ie►r` r Review '��!{ ��1t1A�{ ,1100 sV 7 . Advertisement {h11��1►{ps N��*��1�` i!f 11{lt for bids in late ♦ r ®{� eel t'�, s 2o1s • • .� _ wr Dredging in 740- Early 40-Early 2016 * g 31 Properties 15.9C 4ry f" August 11, 2015 -18- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Harbour Point was adopted on January 14, 2014, with forty-six(46)properties participating: Harbour Point . Adopted 001!1✓,�1ti;� , �. 1/14/2014 \ _ ��� 04 (/ . JPA Complete u ' t ..' / J Transfer of a. `,.titer d�.4 •�� bottom . m 4 ot,_41. .*441 required to I�1� 'i p'�®�C0„ ��,�#4#4r�S , dredge �, __ �0 .4 gAP f0 ' "r . Dredging in ,/ 41e14,4 ,.�Q.I,0 4o* t / 2016 .'. 4!4 `j0..... i •I4�I. *� 'i1�►r_/ 46 Properties ..T• ti '1%. �O P v*M% Chesopeian Colony was adopted on August 13, 2013, with one hundred thirty-one (131) properties participating: Chesopeian _ _ Colony2/ 1ft 4 . '' ' A i ill,\`per i„.:,,,,?,6., , , iti /L�A .,,,, , _ N 0„_ 0.0,,t- . -14t ,, ( . 1 s. tt.-4,A 44,,a, r '' Adopted 8/13/2013 a,'n set,, ti, 4 =i ?w 7�_` lipr; `, ",J . JPA being finalized �.;;v,, X41 fling g a4� � ®�� ' . Advertisement for bids �w� 4e`?.�Zl�'nrf!` ® '.� ! in early 2016 / -4111. , i ,�1: :lP0 . 131 Properties j6bv"4����5 :�; _ & p 15.9C 001,, 1't a: �hC*i�i=isiy. o ". Rte , N� t ' �II 4 0 1r mi.,— / ; Air'nil , August 11, 2015 -19- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Gills Cove was adopted on March 25, 2014, with twenty-one(21)properties participating: Gills Cove Adopted 3/25/2014 Dredge Master Plan and JPA ia11�+ tl Under ��®; Development - Dredging in mid- r, I late 2016 21 Properties 6.3C ` Hurds Cove was adopted on January 20, 2015, with ninety-one (91)properties participating: Hurds Cove I Adopted ,; -44 ®0 �11/ 1/20/2015 PkVit • Design — -. L`y Underway bto . . Dredging in early / �.. 2017 91 Properties �+ j'' -r � ?, . 43.8C psi f , � Er;=- " August 11, 2015 -20- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Little Neck Creek was adopted on October 31, 2014, with thirty-seven (37)properties participating: Little Neck Creek j , , ( )1 .- Petitions mailedL‘ / on 10/31/2014 �� i 80%Not Yet 0 - Reached .- _41P fid' 37 Properties 40d J .- 36.2C R 1 / -- = J The petition for Dix Creek is to be mailed this month to145 property owners: Dix Creek $w. SIlli Petitions to be mailed e4.40,4r0®vw�O000/��p,' v�oi -w0.�. �t l late August 2015 ���q�.,r. . 145 Properties 4:24, . 50.21 1.%,�a0 1 i a oO��o a�Oe r PatQOaOe r y : ' f P •t - � c -- August 11, 2015 -21- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) Based on numerous requests from homeowners, the City Council may want to consider a potential policy change: Potential Policy Change to Add Properties to Districts A-Numerous requests from homeowners requesting to get added to the SSD Requests by neighborhood leadership to determine an equitable solution Following the first dredging and as properties change ownership—should they be allowed to join :- Focused on end of cove properties and new coves which were not included in the original SSD Potential Policy Change to Add Properties to Districts Pros — Allows modification following changes in ownership or changes in perspective by existing owners — Better supports revitalization goal — Prevents'free riders' — Enhances environmental benefits — Reduces sediment load on existing district channels — Pushes further into coves to attack sediment from outfalls r Cons — Potential legal issues,changes to district boundaries and rates — Complex accounting and administrative aspects Timing issues:before or after first or subsequent dredging August 11, 2015 -22- CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING PROGRAM AMENDMENT (Continued) The City Council could consider the alternatives below: Potential Policy Change to Add Properties to Districts • Alternative 1: allow if addition does not increase the existing SSD rate by requiring a one time'buy-in'fee based on additional volume of material so as to compensate for the difference on project quantities for the next dredging. .- Alternative 2:allow addition if rate change is within 'confidence limits'because SSD rate is a projection in advance of contract award.The rate is fluid and based on compounded assumptions therefore the 4th year rate review. Alternative 3: Repetition district for approval of additional properties. • Alternative 4:Require additional properties to generate their own independent SSD. Below are the Staff Recommendations: Potential Policy Change to Add Properties to Districts Staff Recommendations Draft an ordinance which will allow additional properties to join an SSD IAW Alternative 1 Schedule a public hearing for the program change • Allow the addition of properties to an existing SSD if addition does not increase the existing rate by requiring a one time'buy-in'fee based on additional volume of material so as to compensate for the difference on project quantities for the next dredging. Mayor Sessoms thanked Mr. Hansen and the entire Team for the continued work on this Project. August 11, 2015 -23- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY 5:30 P.M. Mayor Sessoms welcomed Becky Kubin, Deputy City Attorney. Ms. Kubin expressed her appreciation to City Council for their continued support. Today's Briefing provides an update on a future funding strategy regarding the BRAC Program: BRAC PROGRAM: FUTURE FUNDING STRATEGY City Council Briefing August 1 1, 2015 I 9 ' ���,�a r Fomore Intoe motion go to / Oe www.yesoceana.com I Presented by Rebecca D.Kubin Deputy City Attorney Below is the background regarding BRAC: an Background ❑ Summer 2005 — NAS Oceana was added to the Base Realignment and Closure (BRAC) Commission's list of endangered bases ❑ Resulting BRAC Order: BRAC Commission put Virginia, Virginia Beach and Chesapeake to terms, or else the master jet base would be relocated from NAS Oceana in Virginia Beach to Cecil Field in Jacksonville, Florida. ❑ The impact of such a move would have been devastating for the region and the state. August 11, 2015 -24- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) The City had not intended to use Eminent Domain: BRAC ORDER: Stop Encroachment III© • There were 7 different conditions, BRAC•DECISION' including: IthethviniattiNot Condemn&Purchase condition: Oceana (Condition 2) enact state and local UVote Ors legislation ordinances to establish a costly last dance program to condemn and purchase all w,u7 Mid 41M the incompatible use property to survive,for now located within the Accident Potential Sal 1n[UG grNi tnlBlCs 115MEiSfs Zone 1 areas for Naval Air Station Oceana, as depicted in the 1999 rs�atr.rtrrrwr.swnpwe AICUZ Pamphlet published by the U.S. Navy and to fund and expend no less than $15 million annually in ==ry furtherance of the aforementioned rtra ..a. program, .. Below is the challenge the City faced: The Challenge: lv ❑ The City needed to come up with a plan The City looked at ALL that met the BRAC the tools in its toolbox, Order to avoid losing not lust the"condemn NAS Oceana, and purchase"tools listed in the BRAC Order n But, it needed to respect the rights of the residents who lived in neighborhoods that PIA pre-existed the base. August 11, 2015 -25- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) The City had a difficult problem and needed to create a Plan exceeding the BRAC Order, without condemning existing homes and businesses: Virginia Beach Response: "Threadina the Needle" Virginia Beach created a plan that exceeded the BRAC Order,without condemning existing homes and businesses,which included: o A zoning component, o An acquisition component,and o A"rollback"component using incentives ` hs� Goal: Stop all new incompatible uses and"thin"the existing neighborhoods without ruining them. m r � AICUZ in Virginia Beach • e'''�14 ,/11 s .. 'T Acauisitian Program Areas: �' ¢ .�,t1a •.G �� A ElAccident Potential Zone 1 +%' ' (APZ-1)-PINK 7 v' • +�r�0��� x � 1111 Clear Zones �! Interfacility Traffic Area f .e /'�..z • ;_',: (ITA) I Rural AICUZ Area , •,} '� Noise Zones: - �!'�' ..z 65-70 -ORANGE 70-75 -YELLOW 1 6 >75 -GREEN August 11, 2015 -26- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Below is the City's 3-part response to the BRAC Order City of Virginia Beach's 3-part Response: Land Use Plan Acauisition Plan Roll Back Plan IO•APZ-1 Ordinance-halted Ate' •Ocean°Land Use incompatible development •Acquire properties inversely Conformity Program - condemned removes non-conforming& •ITA Ordinance-reduced brings in conforming uses •Acquire properties with vested density and limited development rights *Incentives: development •APZ-1 Property Tax •Acquire qualifying duplex Exemption •AICUZ overlay-no properties(underdeveloped discretionary uses unless properties) •APZ-I Technology Business compatible [Density changes Opportunity Zone. Fee and in all noise zones] •Acquire developed duplex License waivers properties •Site Plan and Development •MOU with Navy for joint •Acquire commercial properties Reimbursements review of all development with"frustrated business applications In the AICUZ purpose" •Econ is Development footprint Program(EDIP) •Acquire properties in .Resort area requirements for transportation or transitional •Ease restrictions on density areas conditional use permits for compatible uses ITA RAA: •Acquire properties in the ITA/RAA The first part of the response was relative to Land Use Controls: City of Virginia Beach's 3-part Response: Part 1 — Land Use Controls ❑ APZ-1/Clear Zone Ordinance (adopted 12/20/05) o Prohibits all new uses in APZ-1 and Clear Zones that are designated as"Not Compatible" a Applies to ALL new development(by-right as well as discretionary) o Existing uses are grandfathered o Application of the ordinance resulted in a taking of property, since much of APZ-1 is zoned residential,and residential uses were"Not Compatible",leaving no reasonable use of the property. D As a result,the City created the APZ-1/Clear Zone Use& Acquisition Plan to compensate affected property owners. August 11, 2015 -27- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Below are the restrictions for the APZ-1 Ordinance: APZ-1 Ordinance Restrictions " Existing houses-can stay,can be Ct FE rebuilt,or can be expanded. But NO new units/households 1 r r NEW development must be compatible X I I I ❑New house on residential lot-NOT permitted ❑New bakery on a B-2 lot-NOT permitted , / X❑Converting an existing home to a duplex on 10 -e4VV a r\ duplex-zoned lot-NOT permitted as ❑Expanding an existing retail rw 7 business-NOT permitted 9 Examples of Conforming Uses in APZ-1 (very limited choices for new uses) ics Light Manufacturing &Operations o Printing,publishing and allied industries o Manufacturing operations o Light assembly&distribution u Trade o Wholesale trade&the sale of DOD-related goods o The sale of building materials,hardware and farm equipment,automotive, marine craft,aircraft and accessories D Basic Services o Warehousing and storage o Repair o Construction August 11, 2015 -28- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Reduction of Land Use Incompatibility APZ-1 /Clear Zones 11111 o On December 20, 2005,more than 1,300 potential incompatible uses were prevented by the APZ-1 Ordinance o This ordinance would be more successful than 30 years of condemning and purchasing land at $15 million/year as recommended in the BRAC Order. The AICUZ Overlay Ordinance is a very important part of the Land Use Control: City of Virginia Beach's 3-part Rcsponsc: Part 1 — Land Use Controls o AICUZ Overlay Ordinance o Applies in entire AICUZ footprint o Two basic components: •zoning restrictions •noise attenuation o No new incompatible uses if discretionary approval is required from City Council (i.e.,rezonings and other decisions that require specific City Council approval) o Zoning Ordinance follows the OPNAV Instruction(Navy guidance document)to determine compatibility August 11, 2015 -29- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) B-2 Commercial Lot (1•111141114 1Er► • + I a r 13 The second part of the response was relative to the Acquisition Component: Cite of Virginia IScach's 3-part Response: Part 2 — Acquisition Component ❑APZ-1 /Clear Zone Use & Acquisition Plan: D Intended to complement the APZ-1 Ordinance to address vacant residential land deprived of all reasonable use o Adopted December 20, 2005 o Implementation began January 1, 2007 I August 11, 2015 -30- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Citi of Virginia Beach's;;-part Rcsponsc: Part 2 — Acquisition Component IS APZ-1 /CZ land qualifying for purchase: a Vacant residential land; a Developed duplexes; a Single-family homes on duplex-zoned lots or in areas that will transition to compatible uses; o Commercial property with frustrated business purposes; CI Nonconforming businesses; a Properties vested for nonconforming uses; and a Incompatible uses in transportation corridors The City has spent more than $85-Million acquiring property that is non-conforming in APZ-1 and the Clear Zones: APZ-1 and Clear Zone Acquisition The City has spent more than $85 million acquiring property that is non-conforming in APZ-1 and the Clear Zones: Total Acres Dwelling Non- Acquisition Acquisitions ("*"") Units Conforming Cost &Pending Acquired/ Business Agreements Reduced Units Acquired/ Reduced 401 owners 134 781/697 65/55 $85,508,526 Figures as of June 30,2015 August 11, 2015 -31- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) � ;,A. l ta, Ad 4101 1 : �'j �* y 7.r-V-'71 1. i ‘• + -- 44110cx Map Showing I / .............. ��!.... _ -=-- 1' 17 01 ^ APZ and ClearZone Acquired Properties and PendingClosings Example of Progress Before: Oceana Blvd. at New York Ave.—December 2008 MN 1111111•111.1111111111111 .111111111 e ...r,,,...„,:-.., • c t t . - . n .. — IIII*-4 R 4 August 11, 2015 -32- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) After: February 201 3 IBM • The goal was to remove as many dwellings as possible while still protecting property values of the residents who wanted to stay. Below are examples of the progress being made in residential neighborhoods: "Thinning" Residential Neighborhoods Examples of Progress-in Established Residential Neighborhoods 0 Goal:Remove as many dwellings as possible, mg ..nm %ff while still protecting '` °I~ property values of the residents who want to LOT A 8 % o stay. t' Tools: «.,.. ❑ Purchase adjacent lots from ss� ,� willing sellers Re-subdivide to consolidate lots into one building site to ENE(30'RNV)) avoid vacant lots MUDDLE LAL. N , August 11, 2015 -33- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) 228 Middle Lane, formerly 224 and 230 Middle Lane (developed duplex and single-family on 3 duplex lots) BEFORE AFTER tr 11111111011 .••••mamomMININNIMMEN — BEFORE 22 • Z 4111.1 1537, 1541 & 1545 Indiana Avenue (3 single-family homes on 3 duplex lots) August 11, 2015 -34- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) RESUBDIVISION PLAT LOT IIA • INDIANA AVENT4 (40 It/W) 1537, 1541 & 1545 Indiana Avenue 23 AFTER 24 -®ns 461*7 1541 Indiana Avenue. Deed restricted to 1 unit Rollback: 2 existing units (+3 prevented) August 11, 2015 -35- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) The Navy expressed concern regarding the large amount of undeveloped property existing at the time: m PROGRAM AREAS _- AICUZ in I K ' 'r -,,' Virginia Beach . ' f. " � Other Acquisition Program ` �. � ,ai. 1� Areas: E..n`" 3 Interfacility Traffic Area 1 `'. >'' ! o (ITA) A �„.✓; .1 ',7:7.4%.7/,.,, Rural AICUZ Area , r ` (RAA) aa' ::ir / (/ jP" \ A „iii`- '; 25 As of June 30, 2015, the City has acquired 2,266 acres of property within the undeveloped flight path: ITA Acquisition Program (ITA/RAA) - Goal: Protect the undeveloped flight path Property z; '1 _. acquired or 11` under agreement ^--._,{\ , in the ITA and RAA as of o 6/30/15: r ,, �, ��V rr- - 2,266 acres — I/; $35,210,375 r_. _1 1 110 rmi wAcam,.a Properties and Ptetelep ao.tim 1 August 11, 2015 -36- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) The Navy's participation returns project funds is used to purchase restrictive easements over the property the City acquires. To date, the City has sold easements to the Navy at more than $11.5-Million: Navy Participation in the ITA/RAA Encroachment Partnering Returns Project Funds • � � In the ITA and RAA,the Navy purchases restrictive easements over the property the City acquires: a Navy purchases easements for the value of the easement,up to 50%of the fair market value of City's purchase. ❑ To date,the City has sold easements to the Navy at more than$11.5 million,covering 1,525 acres: a 50%of the price is refunded to the Commonwealth,if grant funds were used to purchase the property. ri More than$5.3 million has been returned to the Commonwealth through this program. ❑ The Navy's financial support(REPI funds)allows additional lands to be acquired. The Navy has expressed it will have about$5 million additional funds for sales in this fiscal year. The third part of the response was relative to the Roll Back Plan. The goal is to incentivize the private conversion of incompatible uses to compatible uses: City of Virginia Beach's 3-part Response: Part 3 — Roll Back Plan: Oceana Land Use Conformity Committee(OLUCC) oversees this program to provide incentives for compatible uses APZ-1 Property Tax Exemptions r� APZ-1 Technology Business ....1111110110 Opportunity Zone:Fee and License Tax Waivers Site Plan and Development Reimbursements Economic Development GOAL: Incentivize private Investment Program(EDIP) conversion of incompatible uses to grants compatible uses Eased restrictions on conditional use permits August 11, 2015 -37- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Below is a summary of the program to-date: Parts 2-3: Total Completed & Pending Program Expenditures (over 9 years,through June 30,2015) 1111 Area Acres(approximate) Funds Committed APZ/CZ 134 $85,508,526 ITA/RAA 2,266 $35,210,375 Conformity Program N/A $7,046,649 and Expenses(est.) Total 2,400 $127,765,550 With the exception of some early ITA purchases that the City funded alone,all property acquisition and expenses have been shared 50/50 between the City and State. The Commonwealth did not appropriate any funding for BRAC in FY2016 and beyond. As such, the City Council will need to determine how to proceed for the long-term maintenance of the BRAC program: Winding down the BRAC program FY2016 and beyond ❑ Previous funding at $15 million/year o 50/50 City and State o For first 8 years ❑ FY'15—funding approximately $7.8 million o 50/50 City and State o FY'16 -No funding from the State this fiscal year a City funded the program at $2.5 million Need to adjust procedures of the program to move into long-term maintenance phase August 11, 2015 -38- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Long-term Maintenance of BRAC Program Part 1— Zoning Component Iti® All Zoning Ordinance amendments adopted in 2005 (as revised)will continue. o APZ-1 Ordinance will continue to bar any new incompatible development in APZ-1 and the Clear Zones,so long as the East Coast Master Jet Base remains in the City. o AICUZ Ordinance will continue to prevent discretionary acts of City Council that would approve incompatible uses. a Joint Review Process Committee(or JRP Committee)will continue to meet to evaluate proposed development within the noise contours for compatibility with these zoning regulations. Long-term Maintenance of BRAC Program Part 2— Acquisition Component EMI o This portion will be scaled back due to funding and reduced numbers of willing sellers o Some aspects must continue: CI to address property rights restricted by the APZ-1 Ordinance and o to otherwise complete the goals of the program. o Acquisition status in the ITA/RAA will be evaluated for whether the ITA/RAA acquisition program should be declared a success and the program concluded. o After consulting with the Navy,City will determine whether there are any strategic sites left to acquire. If not,this portion of the program will not be funded. August 11, 2015 -39- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Long-term Maintenance of BRAC Program Part 2— Acquisition Component (cont.) Sin ❑ Acquisition in APZ-1 and Clear Zones will continue on a limited basis,to the extent funds are available. ❑ Process will shift from year-round applications to an annual application deadline of October 31. ❑ All the properties proposed for acquisition will be evaluated and prioritized based on the following criteria: o Effect of the APZ-1 Ordinance on the ability to develop vacant and/or underdeveloped property; a Clearing the Clear Zones(estimated cost to acquire 11 remaining parcels is $3,000,000); a Opportunity for Roll Back,i.e.,removal of existing dwellings or other incompatible uses; o Assemblage with other properties acquired under the program;and o Public need for the property,in addition to achieving program goals. Long-term Maintenance of BRAC Program Part 3— Rollback/Incentives Component 0 ❑ This portion of the program will continue, subject to scaled-back funding ❑ OLUCC will continue to meet quarterly (or as needed) to: o approve the prioritization for acquisition, o evaluate proposed dispositions and o make recommendations on incentive awards August 11, 2015 -40- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Long-term Maintenance of BRAC Program Part 3— Rollback/Incentives Component (cont.) ICII ❑ All incentives will remain funded: o APZ-1 Property Tax Exemption ■to date,no one has applied for this incentive o APZ-1 Technology Business Opportunity Zone: Fee and License Waivers ■90%rebate for 15 years o Site Plan and Development Reimbursements ■Since 2008,the City has spent about$100,000 in fee reimbursements a Economic Development Program(EDIP) ■Amount awarded varies year to year and is dependent upon private development a Ease restrictions on conditional use permits for compatible uses ■no funding required Long-term Maintenance of BRAC Program Part 3— Rollback/Incentives Component (cont.) ❑ City staff will estimate and set aside 10% of annual funding for incentives prior to October 31 of each year o FY'16:$250,000 set aside o To address quick response needed for EDIP grants,etc. ❑ If incentives are discontinued in future, funds will still need to be appropriated to address the 15- year reimbursements that have not yet expired a City will have to clearly communicate the termination of these incentives with a long lead time,because the private sector may be making decisions in reliance on them. August 11, 2015 -41- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Long-term Maintenance of BRAC Program Encroachment rtnemi IIIA ❑ Multi-Year Agreement ("MYA") with the Navy expires September 30, 2016 ❑ Could be extended if there remain easements the Navy would like to purchase and REPI funding is available. ❑ Funds received by the City will be shared with the Commonwealth as required by prior grant agreements. The portion the City keeps can be used to fund the continuation of the BRAC program. Long-term Maintenance of BRAC Program Disposition LI ❑ The City has acquired 401 parcels of land in APZ- 1 and 2,266 acres in the ITA and RAA. a Some parcels in APZ-1 have been assembled and sold for reduced density or compatible uses,and more dispositions are likely. ❑ The City will track dispositions to be sure the Commonwealth's 50%share of the funds is repaid for property acquired using State grants. o Need to expect dispositions to occur over several decades so will record restrictions in the Circuit Court land records. August 11, 2015 -42- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) Long-term Maintenance of BRAC Program Disposition (cont.) Recommended actions for sale of property: ❑ APZ-1 : 0 Continue to evaluate opportunities to thin the established residential neighborhoods(assemble and convey) o Start phasing out short-term residential leases in APZ-1,once it is determined that assemblage is unlikely. ❑ ITA: o Once a comprehensive plan for the ITA is complete,identify potential excess land and create a process for disposition of property in the ITA(subject to Navy easements)to be ready to address offers to purchase. Long-term Maintenance of BRAC Program Being Ready for Future Events ❑ City will reassess needs when Joint Strike Fighter comes to the City. ❑ Continue to assist the City of Chesapeake in protecting operations at Fentress Field and follow any news on an OLF. ❑Maintain encroachment statistics to be ready to defend against future BRAC Commission action. August 11, 2015 -43- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) The City has been recognized numerous times for our 3-Part Response to the BRAC Order: BRAC Program Distinctions Virginia Municipal League's President's Award for Entrepreneurial Government in 2009 Naval Air Station Oceana selected r' as the Active Base Community of the N MAYOR Year in 2010 by the Association of Defense Communities SESSOMS ELECTED OFFICIAL 4th place in the International Right OF THE YEAR r of Way Association's"Project of the 1 Year"competition for 2012 City of Virginia Beach Mayor William D.Sessoms,Jr.named "Elected Official of the Year"in 2012 by the Association of Defense Communities Before ... and After: BRAC*DECISION Bringon BRAC, U Vote gives oceans statereport says costly last chancefiffirr to survive,for now 1 2 .nt 3-`7--'m Vall MI6 WHIM MUM MS, _ maksaiwWate lMkrhiasaum rases Or Ulirginiatt-Milot 11 LI • • S _ '� 9 t, xn» August 2005 March 2014 August 11, 2015 -44- CITY MANAGER'S BRIEFINGS BRAC FUTURE FUNDING STRATEGY (Continued) QUESTIONS? NEM Mayor Sessoms thanked Ms. Kubin and the entire Team for the continued work on this Project. August 11, 2015 -45- ADJOURNMENT Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:04 P.M. 4110(.4 g144 / Amanda Finley-Barnes, CMC Chief Deputy City Clerk Rut Hodges Fraser,MMC ity Clerk August 11, 2015