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Home My WebLink About10-02-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AN1ABta MAYOR LOUIS R.JONES,Bayside-District 4 14G .+s1-Cs, VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 <: 7'41-Mt JESSICA P.ABBOTT,Kempsville-District 2 j :, M BENJAMIN DAVENPORT,At Large .01 S ROBERT M.DYER,Centerville-District 1 '"- z BARBARA M.HENLEY,Princess Anne—District 7 '.� s SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large * °° OUP wWoes eta JOHN E. UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER—DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR—RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR—LYNDONS.REMIAS October 02, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 4:00 PM A. CULTURAL AFFAIRS UPDATE Emily S. Labows, Director- Office of Cultural Affairs Michael Zeiders, Zeiders American Dream Theatre - Chairman B. LESNER BRIDGE UPDATE Mark Johnson, Director- Public Works Chris Wojtowicz, Engineering Construction Manager- Public Works II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Pastor Rick Crews Pastor, Green Run Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 18, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING 1. LEASE OF CITY PROPERTY 1952 Maple Shade Drive I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY 1952 Maple Shade Drive 2. CHARTER AMENDMENTS a. Limitation Upon Issuance of Debt not Authorized by City Charter b. Single Member District or Ward System of Election J. ORDINANCES/RESOLUTION 1. Resolution to ADOPT the City's 2019 Legislative Agenda 2. Ordinance to AMEND the City Code Section 17-3 re Public Library Board terms and limitations 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease (up to 25 years) for a portion of City property at 1952 Maple Shade Drive to Cellco Partnership d/b/a Verizon Wireless re maintaining and operating wireless telecommunications facilities 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement re the City and Sister Cities Association of Virginia Beach, Inc. (SCAVB) re responsibilities and obligations 5. Ordinance to ESTABISH Capital Improvement Project 2-159 "Parliament Drive Sidewalk Phase II"; and, ACCEPT and APPROPRIATE Federal Pass-Through Funding from VDOT to Capital Projects 2- 11, 4-064 and 2-159; and, to TRANSFER funds from Capital Project 2-11 to Capital Project 2-159 6. Ordinance to CARRY FORWARD and APPROPRIATE $1,681,238 in various departments re previously approved funds from the FY 2017-2018 Operating Budget 7. Ordinance to ACCEPT and APPROPRIATE $1-Million from VDOT re Capital Project 2-026 "Street Reconstruction II" for Road Paving Projects K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** MAYOR LOUIS R.JONES PRESIDING I. CITY MANAGER'S BRIEFINGS -Conference Room- 4:00 PM A. CULTURAL AFFAIRS UPDATE Emily S. Labows, Director- Office of Cultural Affairs Michael Zeiders, Zeiders American Dream Theatre- Chairman B. LESNER BRIDGE UPDATE Mark Johnson, Director- Public Works Chris Wojtowicz, Engineering Construction Manager- Public Works II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Pastor Rick Crews Pastor, Green Run Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 18, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING 1. LEASE OF CITY PROPERTY 1952 Maple Shade Drive 41.11Att...s../.. 1.4,,,t, _t . '"I'lkft, db ,:,, •\.tiv REQUEST FOR PROPOSALS GROUND LEASE FOR A PORTION OF CITY-OWNED PROPERTY FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING WIRELESS COMMUNICATION FACILMES The City of Virginia Beach has received a proposal for a non- exclusive long-term ground lease for a portion of City-owned property,located at 1952 Maple Shade Drive.A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed deed of lease, may be obtained by calling the Department of Facilities Management at(757) 385-5659. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber, City Hall Building (Building 1) Municipal Center, Virginia Beach, Virginia on October 2, 2018 at 6:00 p.m., and after reading of the bids, the Council will either proceed with the consideration of the ordinance awarding the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, SEPTEMBER 28,AT 5:00 P.M. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Cleric Beacon: September 16&23, 2018 I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY 1952 Maple Shade Drive 2. CHARTER AMENDMENTS a. Limitation Upon Issuance of Debt not Authorized by City Charter b. Single Member District or Ward System of Election tPs; e c,RP P PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council wit hold a PUBLIC HEARING on Tuesday, October 2, 2018 at 6:00 p.m. in the Council Chamber,City Hall(Building#1) Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed lease: 25'x 35'area of City-owned property located at 1952 I Maple Shade Drive(a portion of GPIN: 1494-69-9058) to Cellco Partnership d/b/a/ Verizon Wireless Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management at(757) 385-5659. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:September 23,2018 (L PUBLIC NOTICE Public Notice Proposed Charter Amendments 1.Limitation Upon Issuance of Debt not Authorized by City Charter 2.Single-member District or Ward System of Election On Tuesday,October 2,2018,at 6:00 pm 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 to provide the citizens an opportunity to be heard to determine whether there is public support for the City Council to request the General Assembly amend its City Charter. Charter Change #1. This proposed amendment to the City Charter will prohibit the City from pledging tax or fee revenues to make payments on bonds or other debt instruments not issued in the name of the City. The amendment specifically forbids the City from paying new debt issued by the City of Virginia Beach Development Authority after the effective date of the amendment. The amendment is not applicable to general obligation debt authorized by the City Charter or the Virginia Public Finance Act nor is it applicable to debt issued as part of the Literary Loan Program or debt issued by the Virginia Resources Authority. The amendment prohibits the City from pledging tax or fee revenues to pay a lease purchase or similar instrument where the City is the lone party named to such obligation and where the City is the direct consumer or recipient of the product or service. The amendment does not alter existing obligations,but would prohibit the execution of options not executed or other discretionary obligation to be executed after the amendment's effective date. Charter Change #2. This proposed amendment to the City Charter would modify the system of election. As presented, the seven residence districts would be changed to single-member districts. If approved,voters in each district would elect the representative from the district. If these items are approved by the Council,they would become part of the City's Legislative Agenda. The 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. Amanda Barnes,MMC City Clerk PILOT:September 21,2018 J. ORDINANCES/RESOLUTION 1. Resolution to ADOPT the City's 2019 Legislative Agenda 2. Ordinance to AMEND the City Code Section 17-3 re Public Library Board terms and limitations 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long-Term Ground Lease (up to 25 years) for a portion of City property at 1952 Maple Shade Drive to Cellco Partnership d/b/a Verizon Wireless re maintaining and operating wireless telecommunications facilities 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Revised Agreement re the City and Sister Cities Association of Virginia Beach, Inc. (SCAVB)re responsibilities and obligations 5. Ordinance to ESTABISH Capital Improvement Project 2-159 "Parliament Drive Sidewalk Phase II"; and, ACCEPT and APPROPRIATE Federal Pass-Through Funding from VDOT to Capital Projects 2- 11, 4-064 and 2-159; and, to TRANSFER funds from Capital Project 2-11 to Capital Project 2-159 6. Ordinance to CARRY FORWARD and APPROPRIATE $1,681,238 in various departments re previously approved funds from the FY 2017-2018 Operating Budget 7. Ordinance to ACCEPT and APPROPRIATE $1-Million from VDOT re Capital Project 2-026 "Street Reconstruction II" for Road Paving Projects rq :` k",-.i-,-, go 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2019 Legislative Agenda MEETING DATE: October 2, 2018 • Background: City Council traditionally adopts a Legislative Agenda to the General Assembly each year. The 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 Councilmembers, Department Directors, and City Council's boards and commissions. • Public Information: A discussion was held with the City Council on September 4, 2018. City Council received public comment during its September 18, 2018 meeting, and it will also receive public input during the October 2, 2018 Council meeting. • Recommendation: It is recommended that the City Council approve the attached resolution that adopts the 2019 Legislative Agenda and requests that members of the City's local delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth therein. • Attachments: Resolution and 2019 Legislative Agenda. Requested by City Council 1 A RESOLUTION ADOPTING THE CITY'S 2019 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2019 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2019 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2019 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -4/4 n , -- 6/. �' / City Manager's 4 ce City Attorney's Offic- CA 14533 R-1 September 19, 2018 „•:•1\au...........40.,_;.***T LSO , ylk `. 44' .o •40 ,�iit t4�L��, V` _ UL H \A1 ').” 4111141101', ,r mosoir~ lel --' ir ii . - ' .. .; ,-,.',. ....I ,--- vi,„,,..,.. ti, __ .... ...,, ,, „ J....______ , , ,... , .. _ _ .• , , . igili ..„ ,,,,,, .. __. .‘: . ..-. _I - - , , „,„ -, :i' . It , It -4. - ...__In__7; Fh 1 y 1. Virginia Beach Housing Resource Center DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2019 SESSION September 28, 2018 ii TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL iv CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION iv SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS v 1. POST LABOR DAY OPENING FOR SCHOOLS 2 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 2. MORATORIUM ON URANIUM MINING 3 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 3. VOTING RIGHTS 4 SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 4. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 5 SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION 5. MENHADEN FISHING REGULATION 6 SPONSORED BY CITY COUNCIL 6. ANIMAL CRUELTY 7 SPONSORED BY CITY COUNCIL 7. CERTIFICATE OF PUBLIC NEED 8 SPONSORED BY CITY COUNCIL 8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 9 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 9. FULL FUNDING TO THE STEP-VA PROGRAM 10 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL SECTION 1.2 -CITY OF VIRGINIA BEACH NEW INITIATIVES 12 10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON ALL INTERNET SALES 13 SPONSORED BY MAYOR LOUIS R.JONES 11. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE 14 SPONSORED BY CITY COUNCIL MEMBER,BENJAMIN DAVENPORT 12. MICRO BUSINESS PROCUREMENT PROGRAM 15 SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE 13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES 16 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL MEMBER SHANNON KANE 14. STRANDING PROGRAM AND CONSERVATION LICENSE PLATE 17 SPONSORED BY COUNCIL MEMBER,JOHN E. UHRIN iii 15. HIGH SPEED RAIL 19 SPONSORED BY MAYOR LOUIS R.JONES 16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN 20 SPONSORED BY CITY COUNCIL MEMBER,JIM WOOD 17. VIRGINIA SHORELINE RESILIENCY FUND 24 SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY 18. STORM WATER LOCAL ASSISTANCE FUND 25 SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY 19. NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING 26 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL MEMBERS, BOB DYER&SHANNON KANE 20. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE BONDS AND OTHER EFFORTS TO CIRCUMVENT THE CITY CHARTER DEBT PROVISIONS 27 SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT 21.SINGLE MEMBER DISTRICT VOTING FOR THE SEVEN DISTRICT REPRESENTATIVES 29 SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT 22. CONSTITUTIONAL AMANDMENT TO ALLOW GENERAL ASSEMBLY TO IMPOSE TERM LIMITS ON GOVERNING BODIES 30 SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT 23. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND RATING PROTECTION ACT OF 2019 31 SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT iv CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor Louis R. Jones - Bayside Vice Mayor James L. Wood - Lynnhaven Shannon DS Kane—Rose Hall Benjamin Davenport—At Large Jessica Abbott- Kempsville Bob Dyer- Centerville Barbara M. Henley - Princess Anne John D. Moss - At Large John E. Uhrin - Beach Rosemary Wilson - At Large V CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. — Senate District 6 Senator Frank W. Wagner— Senate District 7 Senator William R. DeSteph, Jr. — Senate District 8 Senator John A. Cosgrove, Jr. — Senate District 14 Delegate Kelly K. Convirs-Fowler—House District 21 Delegate Barry D. Knight—House District 81 Delegate Jason R. Miyares—House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Cheryl Turpin—House District 85 Delegate Joseph C. Lindsey —House District 90 Delegate Robert S. Bloxom—House District 100 f SECTION 1 .1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS 4,14, I2 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: The total spending from the tourism industry in Virginia Beach for 2017 was $2.45 billion stimulating 14,000 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 cutting short the critical summer season which will hurt small businesses, hardworking families and their employees.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. 3 2. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream 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. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn the Uranium Mining Moratorium especially the pending U.S. Supreme Court case. et I4 3. VOTING RIGHTS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation,and it is the foundation of our democracy. Barriers to the ballot box harm our state and our country and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Additionally, the drawing of electoral districts can promote or depress voter turnout, depending in part on whether districts are drawn in order to respect the boundaries of localities, neighborhoods,and communities of common interest or are drawn primarily for political advantage. Increased voter participation strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: The City requests that the General Assembly remove barriers to voter participation, enact nonpartisan redistricting reform, and improve the ability of all Virginia citizens to exercise their fundamental right to vote. 5 4. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real,and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now cause major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort, which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and north, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly $250M per year in auction revenues through 2030 could be provided to Virginia. This program is outside of the Obama administration's "Clean Power Plan". This program is a contract within RGGI area not needing Congressional approval. Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2016 Session, and HB-1273 and SB-696 in the 2018 Session. This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25%of the U.S. population. They have had$1.3B in net positive economic impact, from 2012-2014 in RGGI states have cut pollution three times faster than non-RGGI states, and have had comparable bills for power in other areas. 1.Tt I6 5. MENHADEN FISHING REGULATION SPONSORED BY CITY COUNCIL Background Information: A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food. These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout, mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food chain species go elsewhere in search of food. The importance of Menhaden is not solely founded on the population of other species. Menhaden also provide a service in filtering the Bay water, second only in importance to the oyster. As they filter the Bay they return much needed oxygen to the waters for life to flourish. The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to as the"Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy for the bay and for the entire Atlantic coast, but for the businesses that are such a part of the economic engines known as tourism and commercial fishing. Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a whole,rather than the needs of few. The General Assembly has removed itself from the regulation of most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine Resources Commission where the technology and science exist to best manage it. Also, the current regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and Atlantic Ocean beaches with deposits of dead fish. Request: The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the 2018 legislative session similar to HB-822 or HB-160 introduced by Delegate Barry Knight, and SB-98 introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed in SB-214 by Senator Cosgrove, in the 2018 Legislative Session, fishing for Menhaden with purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of Virginia Beach extending from the North Carolina border and one mile in the Chesapeake Bay. This common sense legislation would allow this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts. , 7 6. ANIMAL CRUELTY SPONSORED BY CITY COUNCIL Background Information: State law sets the penalties for cruelty to animals. Currently, Virginia Code § 2.2-6570 provides that an abuser can only be charged with felony animal abuse if(1)the animal dies as a result of torture or severe abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an animal,but the animal survived the abuse, the court cannot sentence the defendant to more than one year in jail unless the abuser had been convicted of the same offense within the past five years. If the defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge would enable our courts to better address severe instances of animal abuse. Request: The City Council requests that the General Assembly amend Virginia Code § 3.2-6570 to allow persons who severely abuse companion animals to be charged with a Class 6 felony, regardless of whether the animal survives or whether the defendant had been previously convicted of the same crime within the past five years. 8 7. CERTIFICATE OF PUBLIC NEED SPONSORED BY CITY COUNCIL Background Information: The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN is seen as a way to reduce healthcare costs and make services available as widely as possible. However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market. During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is not only a medical doctor but a Hospital Administrator,introduced House Bill-1083. HB-1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated; however,other legislation is being studied over the period between the 2016 session and the 2019 session. There will most assuredly be legislation introduced in the 2019 session that again ranges from outright repeal to modifications as needed. Request: The City of Virginia Beach requests the General Assembly retain COPN in its current form with process reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This legislation addresses concerns surrounding the COPN process while maintaining the integrity of the program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote access to care,ensure provision of essential health services,fund graduate medical education,and maintain the fiscal stability of Virginia's community. 9 8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY CITY COUNCIL&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act(Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color,religion, national origin, sex,pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation or gender identity. Cr. 110 9. FULL FUNDING FOR THE STEP-VA PROGRAM SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL Background Information: Nearly 1.5 million adults in the Commonwealth have some kind of mental illness. According to Mental Health America, Virginia is ranked 40th in the nation overall, indicating a higher prevalence of mental illness and lower rate of access to care. The Virginia Department of Behavioral Health and Developmental Services (DBHDS) states that "there have been improvements in the quality and accountability of community services in the past few years. However, Virginia's behavioral health system remains underfunded and patched together in well-meaning responses to crises, with services that are not always sustainable or consistently funded." As Virginia's suicide rate continues to climb each year, Virginia is struggling to provide services to over 30,000 children and adolescents with mental disorders, with only 1 in 5 receiving assistance. The 2016 Compensation Board Mental Illness in Jails Report for Virginia showed that 16.43% of the total general population was known or suspected to be mentally ill, and of that number 51.21% had been diagnosed with as having a serious mental illness (SMI). Without adequate services and supports available in the community,many individuals living with mental illness struggle to remain safely in their own homes and communities. Some of the outcomes of an inadequate public mental health system include: homelessness, substance abuse disorders, suicide, and incarceration among individuals with mental illness. System Transformation, Excellence and Performance in Virginia (STEP-VA), was developed to address accountability, access, quality, and consistency across all Community Services Boards (CSB). In 2015, DBHDS applied for and received a federal planning grant to lay the foundation for a public behavioral health system that would be standardized in the provision of 10 core services: • Behavioral Health Crisis • Care Coordination • Person-Centered Treatment Planning • Same Day Access (SDA) to Assessments • Outpatient Primary Care Screening and Monitoring • Targeted Case Management • Psychiatric Rehabilitation • Peer Supports • Intensive, Community-Based Mental Health Care for Members of the Armed Services and Veterans • Outpatient Behavioral Health Services 1` , ` X11 The 2017 General Assembly amended the code to implement the STEP-VA system of 10 services by 2021 with two of those services, Same Day Access and Primary Care Screening, being implemented by 2019. Once fully funded and implemented the STEP-VA transformed system would provide: • Decreased medical and psychiatric hospitalizations • Decreased medical and psychiatric emergency department visits • Increased penetration rate to 70% (VA has a 22& penetration rate for SMI now) • Meeting the safe standard of 85%occupancy in state hospitals • Decreased the number of people with SMI who are in jail on misdemeanors • Increased access to primary care • Stable housing Request: The City requests that the General Assembly provide full funding for the implementation of the STEP- VA system throughout the Commonwealth to ensure that all 10 core services are implemented by 2021 as shown below. 16 DBHDS Community Behavioral Health Services GF $ in millions FY 2019 FY 2020 STEP-VA CSB Same Day Access to Services $5.9 $5.9 STEP-VA CSB Primary Care Screening 3.7 7.4 STEP-VA CSB Oupatient Services 0.0 15.0 STEP-VA Detoxification Services 0.0 2.0 Alternative Transportation for TDOs 2.5 4.5 Backfill federal funds-medication assisted treatment 0.0 5.0 Discharge assistance plans for 92 individuals on 2.3 4.6 extraordinary barrier list at state hospitals Expand permanent supportive housing for 275 individuals 2.3 4.8 Develop community capacity for facility discharges 1.8 2.8 Discharge planning at Local Jails 1.6 1.6 Telemental Health Pilot Program 1.1 1.1 Add 6 CIT assessment sites and training programs in rural 1 6 2.5 unserved areas Fund Intercept Two Diversion Programs 0.7 0.7 Total $23.5 $57.9 112 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES 113 10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON ALL INTERNET SALES SPONSORED BY MAYOR LOUIS R.JONES Background Information: Currently, the state and federal law allows collection of sales and use tax on internet sales if the retailer has a physical presence in Virginia. For all other online purchases, it is incumbent upon the consumer who purchased the item to report their sales tax obligation. In South Dakota v. Wayfair(2018), the United States Supreme Court overturned existing case law and affirmed South Dakota legislation that required out of state sellers and retailers to collect sales taxes and remit them to jurisdictions on behalf of the consumer. Notably, the challenged South Dakota legislation contained exemptions limiting payment compliance to vendors that deliver more than $100,000 of goods or services to South Dakota or engage in 200 or more separate transactions for the delivery of goods or services into South Dakota annually. The ruling by the Supreme Court placed heavy weight upon these exemptions, which has led to other states to adopt South Dakota's standards as their own. The Commonwealth of Virginia currently has conditional legislative language in place to authorize collection of sales and use tax on dealers "under the provisions of...an opinion of the United States Supreme Court"but does not spell out exemptions as contained in the South Dakota legislation or referenced within the Wayfair opinion. Secretary of Finance Aubrey Layne estimates that the Commonwealth will generate between $280 million and $300 million for the state. Virginia Beach's share of this revenue will be dependent on how the General Assembly opts to dedicate or distribute this additional revenue. Growth is projected to be over$220 billion nationwide from 2017 to 2022. $409 billion to $638 billion or 17% of all retail. (Source Statista) Request: The General Assembly is requested to enact legislation to the standard set by the South Dakota legislature as affirmed by the United States Supreme Court. The General Assembly is also requested to maintain current sales and use tax rates and preserve state and local sales and use tax revenue distributions as presently allocated. Any new revenue derived from expansion of taxing internet sales should be reserved for K-12, especially increasing average teacher compensation and school construction. 114 I1. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE SPONSORED BY CITY COUNCIL MEMBER,BENJAMIN DAVENPORT Background Information: In 2006, the Virginia General Assembly passed legislation to replace state and local taxes and fees on communication services with one statewide Virginia Communications Sales and Use Tax. This statewide tax imposed a 5% fee, which is normally collected from consumers by service providers and remitted to the state on a monthly basis. After collection by the state, the tax is then distributed to individual localities. This tax is limited to communications services that were common at the time of the tax's adoption. As a result, the tax covers such items as landline and wireless telephones, answering services, cable television, satellite television, pagers, beepers, and fax machines. However, this tax does not cover communication services that have exploded in usage and popularity since 2006. Examples of services that the tax does not include are: online video gaming, text messaging, data plans, streaming services, apps, and non-linear methods of television consumption. Due to this, revenues from the Sales and Use Tax are in decline. For example, Virginia Beach now brings in $6 million less per year than when the tax first went into effect over a decade ago. This $6 million decline is equal to a 20% loss in revenue over this period. Further, the revenue gap will only grow wider as technology progresses. The chart below shows both the actual revenues received by the City over the course of the past decade as well as the annual variance in this revenue. In total, the City averaged a 2.2%per year reduction in Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2017-18. Virginia Telecom Tax: FY 08-FY18 30 3.00% 2.00% O 1.00% J 28 0.00% 111 -1.00% 26 -2.00% -3.00% -4.00% 24 -5.00% -6.00% 22 -7.00% -8.00% -9.00% 20 = -- 10.00% FY FY FY FY FY FY FY FY FY FY FY 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 =Actual mosomPercent Variance In Fiscal Year 2019, the City budgeted a $1.1 million reduction in Telecom Tax revenue. Based on the new FY 2018 actuals, the City should expect another$250,000 decline in Telecom Tax revenues over what was adopted in the City budget this year. Should the present tax structure continue as it is presently, the City will likely have a further$500,000 decline in this revenue source in Fiscal Year 2020. REQUEST: The General Assembly is requested to restore funding to localities as was promised to be revenue neutral when the formula was changed in 2006. :=V1 115 12. MICRO BUSINESS PROCUREMENT PROGRAM SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE Background Information: On July 22, 2014, Governor McAuliffe signed Executive Order 20, "Advancing Equity for Small, Women, and Minority Owned Businesses." This Executive Order establishes a program to further executive branch agency spending to "micro businesses." For purposes of the Order, "micro businesses" are certified small businesses that have no more than twenty-five employees and no more than $3 million in average annual revenue over the three-year period prior to certification. The Order directs the Department of Small Business and Supplier Diversity to implement the micro business designation by October 1, 2014. The Order directs various state agencies to seek micro businesses where available and sets aside for micro small businesses purchases under$10,000 when the micro business quotes a fair and reasonable price. The City of Virginia Beach has undertaken many efforts to further equal opportunity and nondiscrimination in City procurement. In 1995,the City Council created the region's first Minority Business Council (the "MBC"). The MBC has worked over the years to further programs and efforts to reduce barriers in City procurement to include: • The City Council establishing a goal of 10%minority participation in City Contracts; • Debundling of City contracts to better enable small, woman-owned, and minority-owned ("SWaM") businesses to compete; • Utilization of a comprehensive database of SWaM businesses and the types of goods or services that each business provides; • Enactment of a Small Business Enhancement Program requiring contractors to utilize at least 50% SWaM businesses in subcontracting plans; • Implementation of a City Administrative Directive to require solicitations of SWaM, including minority-owned and woman-owned, vendors for City contract of less than $50,000; • Entry into a Memorandum of Understanding with the Virginia Department of Small Business and Supplier Diversity(through its predecessor, Department of Minority Business Enterprise)to develop a productive and mutually beneficial working relationship; • City Council adoption of a bond waiver program to the extent authorized by the General Assembly. The opportunity to utilize a"micro business" designation would further the City's efforts to reduce barriers and further opportunity in City procurements. Request: The City Council requests the General Assembly authorize a locality,by ordinance, to enact a program for the enhancement of"micro business"participation that mirrors the authorization provided in Executive Order 20. �` 1 16 13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE Background Information: With a few exceptions such as design build and construction manager at risk, the Virginia Public Procurement Act("VPPA")requires construction to be procured using competitive sealed bidding. The City is vigilant in its search for opportunities to make its procurement processes more inclusive for Small, Woman-owned, Minority-owned, and Service-disabled Veteran-owned businesses ("SWaM Businesses"). In looking for opportunities to grow SWaM Businesses, the City believes there is a subset of construction that would provide a crucial opportunity for growth of such businesses, and that subset is non- transportation construction valued between $500,000 and $2,000,000. Most importantly,best value contracting promotes better quality and timeliness of contractor performance. Request: The City requests legislative authorization for any locality with a population in excess of 200,000 to undertake the procurement of construction through procedures consistent with those described by the VPPA for the procurement of nonprofessional services through competitive negotiation for non- transportation construction valued between $500,000 and $2,000,000. Such contract shall be awarded to the fully qualified offeror who submits an acceptable proposal determined to be the best value in response to the Request for Proposal. We anticipate approximately$6M in contracts in this proposal. µ'J 1 17 14. STRANDING PROGRAM AND CONSERVATION EFFORTS LICENSE PLATE SPONSORED BY MAYOR LOUIS R.JONES&COUNCIL MEMBER JOHN E.UHRIN Background Information: The Virginia Aquarium has, for many years, performed extensive research and conservation efforts throughout the tidal waters of Virginia and the mid-Atlantic Coast. This includes the efforts of our nationally recognized Stranding Response Program which responds to reports of stranded marine mammals such as whales, dolphins, and seals and also sea turtles. The Aquarium's efforts over more than 25 years have provided much greater scientific knowledge and environmental monitoring than would have been available otherwise. The program currently costs approximately$600,000 a year to operate and receives only limited support from the Commonwealth through the Coastal Zone Management Program and Department of Game and Inland Fisheries for this effort. In order to provide additional funds to support the conservation efforts of the and Stranding Response Program, the Aquarium wishes to receive authority from the Virginia General Assembly through the Department of Motor Vehicles to have a license plate created showcasing protection of sea life. The Aquarium and its Foundation understand that a number of license plates must be reserved through advance deposits being made on such plates; receiving authority from the General Assembly to pursue this license plate will help support this important conservation program headquartered in Virginia Beach. Request: The General Assembly is requested to establish a license plate featuring a design, to be determined between the Department of Motor Vehicles and the Virginia Aquarium, that would provide funds to the Aquarium's conservation and stranding efforts. Having a plate that would have statewide appeal will likely mean that the required reservations will be received in a fairly short amount of time. -*--,; :-. Pr, ( ... 0 MONTH VIRGINIA • YEAR 1.--, • -•-':',.. •....,:-.: :::,. cz„, 111111 pw.:,.. (''*".• * IVA\ r• t V • bOOWpg : v&siglial ,TATIIIMI:%., Illk . •0111 IbV V---..- • PROTECT SEA LIFE • ... } 19 15. HIGH SPEED RAIL SPONSORED BY MAYOR LOUIS R.JONES Background Information: The Virginia Department of Rail and Public Transportation (DRPT) is in the process of identifying funding sources to initiate a Tier II Environmental Impact Statement(EIS)within the next six years for the Richmond- Hampton Roads segment of the Southeast High Speed Rail (SEHSR)corridor. Approximately$27 million is needed to complete Tier II EIS.Two years ago we were successful in getting the General Assembly to require DRPT to update the costs of the Tier II EIS and also identify funding sources. Their report recommended that the Hampton Roads Transportation Planning Organization fund the Tier II EIS. The $27 million will suffice. HRTPO has fully allocated its RSTP and CMAQ monies for the next 6 years, and Richmond region, did not contribute any regional funds to either of their Tier II EIS efforts which are complete. Request: We request the Commonwealth fund a Tier II Environmental Impact Statement for High (ER) Speed Rail between Richmond and Hampton Roads. = 1 20 16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN SPONSORED BY CITY COUNCIL MEMBER JIM WOOD Background Information: The EPA issued the Chesapeake Bay TMDL in December 2010 that required pollutant reductions of nitrogen, phosphorus, and sediment in Virginia. These required pollutant reductions were to be incorporated into the City's new Municipal Separate Storm Sewer System (MS4) Permit that was recently issued in 2016 by the Virginia Department of Environmental Quality. The City of Virginia Beach proactively proposed a legislative change in 2013 and again in 2015 to remove both the Little Creek and Lynnhaven watersheds from the James River Basin for the purpose of the Chesapeake Bay TMDL Implementation in Virginia. This change was made to reduce the required pollutant reductions for the City of Virginia Beach at an estimated avoided cost to ratepayers of about $40M. In 2016, the Hampton Roads Sanitation District (HRSD)proposed an Integrated Planning Approach for the region to help restore the Chesapeake Bay. HRSD owns and operates various wastewater treatment plants that discharge nutrients and sediment to the Chesapeake Bay Watershed. HRSD also has pollutant reduction requirements similar to the City of Virginia Beach for their discharges. The proposed approach by HRSD included the implementation of a new project, "Sustainable Water Initiative for Tomorrow", SWIFT, and the use of trading of pollutant reductions credits. The City of Virginia Beach entered into an agreement, the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration, with HRSD in August 2018. Virginia Trading regulations for nutrients and sediment §62.1-44.19:21 and §62.1- 44.19:21.1 respectively, require that the credit trading occur within the same River Basin. Since the Little Creek and Lynnhaven watersheds had been previously removed by legislative action, these watersheds would need to be moved back into the James River Basin in order for the City to take full advantage of the trading agreement. This watershed change will result in about $200M in avoided cost to the ratepayers of the City of Virginia Beach. Request: The City of Virginia Beach requests the General Assembly repeal the two acts passed in 2013 and 2015 to remove both the Little Creek and Lynnhaven Watersheds from the James River Basin for the purpose of the Chesapeake Bay Watershed Implementation Plan pollution reduction requirements, and put them back into the Chesapeake Watershed. 1 21 VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 184 - [S 1203] Approved March 16, 2015 Be it enacted by the General Assembly of Virginia: 1. § 1. That no state agency shall consider or include the Little Creek watershed as part of the James River Basin frIt 22 VIRGINIA ACTS OF ASSEMBLY -- 2013 SESSION CHAPTER 41 •-• • - - - - -- •- - • • ' - • - -- - - - . - •. !. - [S 768] Approved February 22, 2013 Be it enacted by the General Assembly of Virginia: ".: • I 23 VIRGINIA ACTS OF ASSEMBLY -- 2013 SESSION CHAPTER 41 An Act to exclude the Lynnhaven River watershed from the James River Basin for purposes of the [S 768] Approved February 22, 2013 Be it enacted by the General Assembly of Virginia: f I 24 17. VIRGINIA SHORELINE RESILIENCY FUND SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE Background Information: In the 2016 Session of the General Assembly, the Virginia Shoreline Resiliency Fund was established as a low interest loan program. This provided low-interest loans to mitigate and adapt to recurrent flooding. Funds have never been provided to provide a 'bank' from which funds could be borrowed. Request: The General Assembly is requested to convert the Virginia Shoreline Resiliency Fund from a low interest loan to a cost sharing and grant program, and to provide meaningful funding on a recurrent basis for this program. This would allow individual property owners a source of funding from the Commonwealth to elevate their homes, or otherwise mitigate the effects of sea level rise and provide resiliency from the same. We also ask that the Commonwealth be a sponsor with Federal Agencies on projects large and small. 4 `w , 25 18. STORM WATER LOCAL ASSISTANCE FUND SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE Background Information: The highly competitive 50%matching grants funded by the Storm Water Local Assistance Fund (SLAF) can be used for cost-efficient, low-impact practices to help municipalities like Virginia Beach continue to make strides in reducing polluted runoff. This funding helps us meet our MS4 permit requirements while improving the health of the Bay. For example, Virginia Beach has been authorized $2,390,902 in matching funding through SLAF for large-scale storm water improvement projects since FY2014. Polluted runoff is not just an environmental problem—it is also an economic problem. It increases drinking water treatment costs, worsens local flooding, closes beaches, and contaminates shellfish. Request: Storm water management is one of our most pressing infrastructure challenges. We respectfully request that the General Assembly include maximum and at the least level funding year-to-year for the Storm Water Local Assistance Fund (SLAF) in the FY 2020 budget so that localities can do their part by planning and budgeting appropriately for these large-scale projects. 1 26 19. NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL MEMBERS,BOB DYER&SHANNON KANE Background Information: The Virginia Fair Housing Law, Code of Virginia § 36-96.1 et seq. currently prohibits discrimination regardless of race, color, religion, national origin, sex, elderliness, familial status, or handicap to provide fair housing throughout the Commonwealth. According to the Movement Advancement Project, there are currently no explicit, comprehensive statewide non-discrimination protections for gay, lesbian,bisexual, or transgender people in Virginia. In January 2017 Governor Terry McAuliffe issued executive order 61, a broad order protecting lesbian, gay, bisexual and transgender(LGBT) public employees, state contractors, and subcontractors from discrimination, and a similar executive order was issued by Governor Ralph Northam in January 2018, but these orders do not provide lasting or specified protections for Virginia's LGBT citizens. A think tank at UCLA Law, the Williams Institute, found that as of February 2016, twenty-two states and the District of Columbia expressly prohibited housing discrimination on the basis of sexual orientation. Nineteen of those states and the District of Columbia also expressly prohibited discrimination in housing on the basis of gender identity. An aggregation of all available state-level data shows that sexual orientation and gender identity housing non-discrimination laws are used (when present) by LGBT people at a similar rate to the use of race non-discrimination laws by people of color and the use of sex non-discrimination laws by women. Based on the same study conducted at the Williams Institute in 2016, an estimated 185,000 LGBT adults call Virginia home, and of that population 80% say that they have been harassed or mistreated at work, 44% claim that they were not hired and 26%have reported losing their job based upon their sexual orientation or gender identity. As there is no federal law barring employment discrimination on the basis of sexual orientation or gender identity, it is currently possible in 28 states, including Virginia, to be fired for being lesbian,bisexual, or gay. Likewise, there are thirty states in which it is possible to be fired for being transgender. Twenty-two states and the District of Columbia by statute prohibit employment discrimination on the basis of sexual orientation and/or gender identity. Request: The City requests that the General Assembly support legislation that would add discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. We would further ask that the General Assembly support legislation that prohibits discrimination in public employment on the basis of sexual orientation or gender identity. V4 X27 20. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE BONDS AND OTHER EFFORTS TO CIRCUMVENT THE CITY CHARTER DEBT PROVISIONS SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT Background Information: When the City Charter was conceived by the late Mr. Sidney Kellam and colleagues,the intent was to impose barriers on the issuance of general obligation debt without either the public's approval in a referendum or a supermajority vote of the Council. In 1962 founders of the City could not have anticipated that the intent of the City Charter's public debt issuance restrictions would be circumvented by issuing debt by a third party. The public debt issued by the City of Virginia Beach Development Authority(VBDA) on behalf of the City is subject to annual appropriation; therefore, this debt is not backed by the full faith and credit of the City, which denies it the status of general obligation debt,but its effect on the City's bond rating is the same. Debt issued by the VBDA does not require a supermajority vote of the City Council; therefore, the issuance of Public Facility Revenue Bonds for City facilities and other debts circumvents the intent of the protection the General Assembly extended to Beach property owners/taxpayers in the Charter granted to residents of Virginia Beach. The Virginia Beach City Council's use of the VBDA as a vehicle to circumvent the City Charter's vesting of Virginia Beach voters a positive check on City Council to burden the public with debt,while legal,is a breach of the covenant between the Charter proposed by the General Assembly and ratified and adopted by the voters of Virginia Beach. It is imperative that the General Assembly restore the integrity of the Charter it partnered with the people of Virginia Beach to put in place for its self-governance. Public Facility Revenue Bonds issued by year and issuance total (new money only): 1998 (Human Services Bldg Lease) $9,800,000 2002 PFRB Issue $23,855,000 2004 PFRB Issue $165,000,000 2005 PFRB Issue $103,900,000 2007 PFRB Issue $100,865,000 2010 PFRB Issue $17,000,000 2012 PFRB Issue $22,580,000 2013 PFRB Issue $20,960,000 2014 PFRB Issue $44,975,000 2015 PFRB Issue $48,245,000 2016 PFRB Issue $21,225,000 2018 PFRB Issue $33,395,000 Total $611,800,000 Public Facility Revenue Bonds debt service payments,principal to be retired, annual interest payment and end of year outstanding debt for outstanding Public Facility Revenue Bonds: 128 Fiscal Debt Service Principal Interest End of Year Year Retired Payment Outstanding Debt 2019 $49,135,420 $34,855,000 $14,280,420 $297,295,000 2020 $49,198,981 $36,505,000 $12,693,981 $260,790,000 2021 $46,542,706 $35,710,000 $10,832,706 $225,080,000 2022 $45,644,606 $36,585,000 $9,059,606 $188,495,000 2023 $43,119,806 $35,845,000 $7,274,806 $152,650,000 2024 $37,988,406 $32,265,000 $5,723,406 $120,385,000 2025 $26,075,331 $21,585,000 $4,490,331 $98,800,000 2026 $18,697,456 $15,180,000 $3,517,456 $83,620,000 2027 $17,049,356 $14,190,000 $2,859,356 $69,430,000 Total $333,452,070 $262,720,000 $70,732,070 Request: To restore the meaningfulness of the City Charter's protection to the property owners and taxpayers conveyed by its restrictions on the issuance of public debt, the City Council requests that the General Assembly amend the City Charter to require that all debts issued directly by the City or by a third party where that debt is subject to a pledge of City revenues independent of the basis or time period requires either a public referendum or a supermajority vote for approval. The following is the text of the requested amendment to add new Section 6.07: Section 6.07—Limitations on Authority to Pledge City Tax and Fee Revenues (a) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the Code of Virginia (the Virginia Public Finance Act), the City shall have no authority and is exclusively prohibited from pledging tax or fee revenues to make payments or to otherwise make any payment on bonds, notes, or other debt instruments not issued in the name of the City of Virginia Beach, Virginia. Additionally, no debt issued by the City of Virginia Beach Development Authority after the effective date of the provisions of this section shall be repaid by funds collected by,paid to, or appropriated by the City or from funds otherwise directed under an ordinance or resolution passed by the City Council. Provisions of this section shall not apply to the Literary Loan Program or debt issued by the Virginia Resources Authority. (b) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the Code of Virginia, the City shall have no authority and is exclusively prohibited from pledging tax or fee revenues to make payments or to otherwise make any payment on a lease purchase or like debt instrument where the City is not the lone party named in such obligation and where the City is the direct consumer or recipient of the contractual product or services. (c) This section shall not alter any obligations incurred prior to its effective date. After the effective date, any discretionary obligation not executed, option not exercised, or other action that is prohibited by this section or otherwise violates the provisions of this section shall be deemed void and of no effect. t •T' 29 21. SINGLE MEMBER DISTRICT VOTING FOR THE SEVEN DISTRICT REPRESENTATIVES SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT Background Information: Currently, all members of the City Council are elected on an at-large basis, including the seven councilmembers who represent each of the City's seven residence districts. In a single member district-based system, only the voters within a particular district select their district's councilmember. District-based elections may give groups within a residency district a better chance of being represented on the City Council. District councilmembers may be more attuned to the unique problems of their constituents, and a change to district-based elections could improve citizen participation because councilmembers who represent a district may be more responsive to their constituents. Request: The City Council requests the General Assembly amend the City Charter to change the seven residence districts to single-member districts or wards. This will allow the voters in each district to elect the representative from the district. Additionally, because the 2011 redrawing of the residence districts did not account for single-member districts,many of the precincts include more than one residence district within the precinct boundaries. In the hope of avoiding confusion in the administration of local elections, the City requests the effective date for this Charter amendment to be January 1, 2021, which will allow the 2021 redrawing of districts to proceed in a manner that reduces the number of split precincts. i`. 22. CONSTITUTIONAL AMENDMENT TO ALLOW GENERAL ASSEMBLY TO IMPOSE TERM LIMITS ON LOCAL GOVERNING BODIES SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT Background Information: The Virginia Constitution has relatively few qualifications to hold elective office in the Commonwealth. A 1991 Opinion by the Virginia Attorney General concluded a statute limiting members of a locally elected body to two terms would be invalid under the provisions of the Virginia Constitution. This item seeks to begin the process of amending the Virginia Constitution to allow the General Assembly to impose term limits for local governing bodies. If the request succeeds in meeting the requirements for amendment to the Virginia Constitution, the Council would later seek a statute that would limit the number of terms of a member on the Virginia Beach City Council to three four-year terms. Request: The City Council requests the General Assembly begin the process of amending the Virginia Constitution to allow the General Assembly to impose term limits for the City Council of Virginia Beach. X31 23. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND RATING PROTECTION ACT OF 2019 SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT Background Information: Flooding is a risk to communities from the mountains to the sea. This can be from hurricanes, nor'easters, mountain flooding, and other natural causes. Nowhere in the state is immune to such calamities. Hurricane Camille in the late 1960s caused over 100 deaths in the area of Nelson County. Arlington has had recurrent flooding from the Potomac River, and flooding on The Eastern Shore, Tangier Island and other coastal Virginia areas and is all too frequent. Although many communities like Virginia Beach have robust programs to address recurrent flooding, Virginia Beach is programming over$ .5 billion in flooding control and elevation of roads; no locality can stand alone. This is a statewide issue and demands statewide addressing. During the 2018 session of the General Assembly, Senate Bill 985 by Senator Wagner and a companion bill in the House by Delegate Miyares were introduced. These would have established the hurricane and flooding risk reduction and Bond Rating Protection Act of 2018. They would have gone a long way in addressing the lack of coordination within the state among the various agencies both state, federal and local and furthermore, would have set up a process to force the Commonwealth to partner with the US Army Corps of Engineers. The Senate bill passed Senate,but was defeated in the House Appropriations Committee because of the fiscal impact. The House Bill met a similar fate. Request: The General Assembly is requesting to pass and fund legislation much like Senate Bill 985 from the 2018 session of the General Assembly and House Bill 229. This would establish a process and capability within the Commonwealth to address which is rapidly becoming a much more persistent issue. C fit7) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 17-3 of the City Code Pertaining to the Public Library Board MEETING DATE: October 2, 2018 ■ Background: The City has had a public library board since its incorporation in 1965. The Board includes up to 13 members, including two high school students and an employee of Virginia Beach City Public Schools. The Board makes recommendations to the Director of Libraries and also to the City Council regarding library planning, policy and management. • Considerations: The City Code section regarding the board currently includes a sentence noting that members may serve no more than two consecutive terms. This provision is redundant in that it mirrors City Code § 2-3, which provides that persons appointed to any City Council-created board or commission shall serve no more than two consecutive terms. This ordinance deletes the redundant provision and streamlines City Code § 17-3. The Library Board requested and supports this minor revision. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the ordinance. • Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: Public Libraries City Manager: 1 AN ORDINANCE TO AMEND SECTION 17-3 2 OF THE CITY CODE PERTAINING TO THE 3 PUBLIC LIBRARY BOARD 4 5 SECTION AMENDED: § 17-3 6 7 WHEREAS, the Public Library Board has requested certain changes to City 8 Code § 17-3 in order for the membership terms of the City's Library Board to be more in 9 line with the terms of library boards in other localities; 10 11 WHEREAS, current members of the City's Library Board have been appointed to 12 three-year terms, and the Board has requested that future appointments be made for 13 four-year terms (except for the student members); 14 15 WHEREAS, City Code § 2-3 provides that persons appointed by the City Council 16 to four-year terms may serve up to two consecutive four-year terms; 17 18 WHEREAS, the City Council intends that current appointees (other than the 19 student members) who at the end of their current term will have served less than eight 20 years but more than four years would be eligible for a single additional appointment to 21 one four-year term, and that current members who at the end of their current terms will 22 have served less than four years would be eligible for appointment to two consecutive 23 four-year terms; and 24 25 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That Section 17-3 of the Code of the City of Virginia Beach, Virginia, is hereby 29 amended and ordained to read as follows: 30 31 Sec. 17-3. - Public library board. 32 33 (a) There is hereby created a public library board, which shall consist of not less than 34 seven (7) nor more than thirteen (13) members. The members of the board shall be 35 appointed by the city council for terms of four (4) years. Members may serve for no 36 more than two (2) consecutive four year terms. Two (2) members shall be high 37 school students (a junior and a senior), whose terms shall expire upon their 38 graduation from high school, and one (1) member shall be an employee of the 39 Virginia Beach City Public Schools. The board shall select from its membership a 40 chair and vice-chair. 41 (b) The public library board shall meet not less frequently than once every quarter 42 (three (3) months) and additionally, at the call of the chair or the director of public 43 libraries. The board shall be responsible for making recommendations to the council 44 on all phases of library planning, policy and management. 45 46 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 47 day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Eva Poole Roderick R. Ingram Public Libraries City Attorney's Office CA14536 R-1 September 20, 2018 44iCITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Long-term Ground Lease (up to 25 years) for a Portion of City-owned Property Located at 1952 Maple Shade Drive to Cellco Partnership d/b/a Verizon Wireless for the Purpose of Maintaining and Operating Wireless Telecommunications Facilities MEETING DATE: October 2, 2018 a Background: Since 2011, the City has leased a portion of property located at 1952 Maple Shade Drive to 20 MHz Richmond d/b/a T-Mobile for purposes of maintaining equipment used in conjunction with certain personal wireless telecommunication facilities placed on an existing Dominion Energy ("Dominion") transmission tower (the "Tower"). The most recent lease expired in 2016, and Cellco Partnership d/b/a Verizon Wireless ("Cellco") has entered into a lease with Dominion for use of the Tower, and desires to enter into a new ground lease with the City to maintain its facilities. i Considerations: The proposed lease is for a 25' X 35' area on which the equipment associated with the wireless antenna is to be located (the "Premises"). The lease will further grant Cellco the right of ingress and egress to access the Site. The proposed lease is for a term of five (5) years and contains four (4) additional renewal periods of five (5) years each. The proposed first-year rent is $12,000, with annual escalation of 2.5%. a Public Information: Since the lease term is in excess of 5 years, the invitation to bid was advertised in two successive weeks, and the public hearing for the proposed lease was advertised one time, both items in accordance with applicable requirements of law. a Alternatives: Approve lease, modify terms, or deny leasing of the Premises. a Recommendations: Adoption of ordinance a Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Departme Agency: Public Works/Facilities Management '5A/ City Manager: 6 J1/4 1 2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 3 EXECUTE A LONG-TERM GROUND LEASE (UP TO 25 4 YEARS) FOR A PORTION OF CITY-OWNED PROPERTY 5 LOCATED AT 1952 MAPLE SHADE DRIVE TO CELLCO 6 PARTNERSHIP D/B/A VERIZON WIRELESS FOR THE 7 PURPOSE OF MAINTAINING AND OPERATING WIRELESS 8 TELECOMMUNICATIONS FACILITIES 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 11 located at 1952 Maple Shade Drive (the "Property"); and 12 13 WHEREAS, Cellco Partnership d/b/a Verizon Wireless ("Cellco") has entered into a 14 lease agreement with Dominion Energy for attachment of Cellco's equipment to the 15 transmission tower (the "Tower") owned by Dominion and located on the Property; and 16 17 WHEREAS, Cellco desires to lease from the City a 25'x 35' portion of the Property 18 adjacent to the Tower (the "Premises"), together with the right of ingress and egress to 19 access the Premises, for the installation, maintenance and replacement of necessary 20 equipment associated with the wireless facilities; and 21 22 WHEREAS, the City's lease of the Premises would allow Cellco to continue and 23 enhance its operation of certain facilities for the purpose of providing wireless 24 telecommunications services to the general public. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term of five (5) 30 years with four (4) five-year renewal options, between Cellco Partnership d/b/a Verizon 31 Wireless for the Site, in accordance with the Summary of Terms attached hereto as Exhibit 32 A and made a part hereof, and such other terms, conditions or modifications as may be 33 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -e1. / I j "G.,4•LJ Public Wor City Y/Faciliti s ManagementAttorney's Office CA14388 R-1 September 19, 2018 EXHIBIT A SUMMARY OF TERMS Ground Lease for Cellco Partnership d/b/a Verizon Wireless Location: 1952 Maple Shade Drive (near the 2500 block of Holland Road) Lessee: Cellco Partnership d/b/a Verizon Wireless Premises: 25'x 35' site, together with the right of ingress and egress necessary to access the site. Use: Cellco will maintain and operate wireless telecommunications facilities located on Dominion Energy ("Dominion") transmission tower (the "Tower"). Antennas are on top of the existing Tower under a separate lease agreement between Cellco and Dominion. Term: Initial five(5)year term, with four(4)additional renewal options of five (5) years each (maximum total of 25 years). Rent: $12,000.00 for the first year, paid within ninety (90) days of the Effective Date, with annual 2.5% escalation. Insurance: Lessee must maintain Commercial General Liability insurance in the amount of $5,000,000, in addition to other liability insurances as required by Risk Management. Termination: Lease may be terminated upon sixty (60) days' written notice to the other party for reasons as stated in the lease. Other: Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease. Lessee required to post a surety bond in the amount of $10,000 for the timely removal of the facilities at expiration of the lease. Location Map tvw . T • ,e,,,,it ii rt • .4 1r7...., C est r v `. i -. .' * ..4.. „ i ,th !Ilk .. 4/ ip t*tt, o tere ) Dominion Energy 25' x35' ` _— ° Tower Leased Area -- a F F ' x Y4 g' ,tom r _-.-_- a N.. 'Ilrrar-T* "I*19- - -. "z-,,,,„.4' 4 ,,, it 4'k % -.4 , r I . -T .iit , ,,, -it-t- f c tic* LEGEND ej� A '.4,' = .*, '44- 'Of„,k4.'4 " **4- 4=, ,14._ I-t'-$ .• .44) ; - AfFP . ' '''. f ' ' 1* f4,4,,4-1, #11-cm,,407. '4,,,,,:-;,,,,:. 14* Lease Area ,<114; * F'47. I ir- _% . p....,i1,.. _ .- -Approximate 14 y a ass f Approximate f i1' Co - path to leased �', path to leased area � �. , rea Property Lines ~ ¢. i ' - -' ` `+� r ' # ? . yr 1-, 4. -*". ' ,* , ' , - 24. i'" ',...g r '* . 4 10' C.) ' . ll'lillik)''' ,et .. ___., . ..") * ' Via u„ :' ' *-"Iir ',111 .r.-- '4111b6.„,,, -- '4 itlievi i12 rik �, ' I ... -C.7 ' ,..tibit.... -0 b‘'‘,..." f I 7; l' 4111kik. *.; ' ,',- . tfr• ,- & (r) r ,,,„ . . ' ' /oi .,; •. . `�`m herr ' '- c ci r ...c Ott,. *4, ''''t -.1%.,•:,.:,--,' • c?)17 , Q. fl•-,„„.- ,'A ,.._ ... ....a.2. 00 g, PIZ,' , " - . t*, , ' 'V'''% t *fik, 14 '*V4 grs Ilk f: SY , dig# + t ' t 11606: i t:4 r: A portion of 1952 Maple Shade Drive G P I N: 1494-69-9058 7\ _t_ Virginia Beach APPLICANT'S NAME Celico Partnership DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) { Franchise Agreement Chesapeake Bay Preservation Area lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board $ O The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 0 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any l Page I of 7 Planning Commission and City Council meeting that pertains to the application(s). [] APPLICANT NOTIFIED OF HEARING DATE ElNO CHANGES AS OF DATE f REVISIONS SUBMITTED DATE Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. MCheck here f the APPLICANT IS a corporation, partnership, firm, business, o r other u nincorporated organization. (A) List the Applicant's name: Cellco Partnership If an LLC, list all member's names: General Partnership: Representatives• Matthew D Ellis, David J Small, Steven Tugentman Officers-YonN 0,S1-rcIttON,Dov id SMO\1,Moithew O. S, SCot-t- Kroh N If a CORPORATION, list the the names o f all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Bell Atlantic Mobile Systems LLC, GTE Wireless LLC, and Verizon Americas Inc. See next page for information pertaining to footnotes and 2 4 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here f the PROPERTY OWNER /S NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here f the PROPERTY OWNER IS a corporation, partnership, firm, business, o r other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name City of Virginia Beach If an LLC, list the member's names: Paget of7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) "Parent•subsidiary relationship" means 'a relationship that exists when one corporation directly o r indirectly owns shares possessing more than SO percent o f the voting power o f another corporation." See State and Local Government Conflict o f Interests Act,Va. Code § 2.2.3101. 2 "Affiliated business entity relationship" means •a relationship, other than parent.subsidlary relationship, that exists when (i)one business entity has a controlling ownership Interest in the other business entity, (ii)a controlling owner n one entity s also a controlling owner n the other entity,o r (iii) there s shared management o r control between the business entities. Factors that should be considered n determining the existence of an affiliated business entity relationship include that the same person c r substantially the same person own o r manage the two entities; there are common o r commingled funds o r assets; the business entities share the use o f the same offices o r employees o r otherwise share activities, resources o r personnel o n a regular basis; o r there is otherwise a close working relationship between the entities." See State and Local Government Conflict o f Interests Act, Va. Code 5 2.2.3101. I SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Qplication or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 oft • I 1 � • APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n5 Accounting and/or preparer of • your tax return n C Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ethe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Inl111 Construction Contractors X ❑ Engineers / Surveyors/ Agents NB&C Engineering Services,L.L.C. Financing (include current n mortgage holders and lenders I 1 Lam, selected or being considered to provide financing for acquisition or construction of the property) a ni Legal Services LeClairRyan,PLIC Real Estate Brokers / nIX Agents/Realtors for current and anticipated future sales of the subject ro•ert esammantarcitassamebess SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO i Does an official or employee of the City of Virginia Beach have ; ❑ nl an interest in the subject land or any proposed development I/� contingent on the subject public action? f yes, what is the name of the official or employee and what is the nature of the interest? P age 4 of 7 I VB 1 Virginia Beach 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form s complete, true, and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,Appl�,ation 4tWi ------------7-1- - n-6.4ali.e... ill oiek..) S Iglif3 APPL ANT'S SIGNATURE PRINT NAME DATE Pages of OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ElAccounting and/or preparer of your tax return nArchitect/ Landscape Architect/ Land Planner ❑ ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors Engineers/ Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n E Legal Services Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a a an interest in the subject land or any proposed development contingent on the subject public action? f yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form s complete, true, and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 00-..t%.,, ,�C7 ((tt - S?> CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance Authorizing the City Manager to Execute a Revised Agreement between the City and Sister Cities Association of Virginia Beach, Inc. MEETING DATE: October 2, 2018 • Background: The Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact. The City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; Ards and North Down, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany. These Sister City relationships promote international cooperation, friendships, and cultural and educational exchanges with economic and tourist development activities. For many years, the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is governed by a Board of Directors. The purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable. In order to memorialize the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program, on December 12, 2017, the City Council adopted an ordinance authorizing the City Manager to execute an agreement between the City and SCAVB. That agreement required SCAVB to appoint former City Clerk and longtime Sister Cities leader Ruth Hodges Fraser as Executive Director and to also pay her a monthly stipend. The SCAVB appointed Mrs. Fraser as Executive Director, but Mrs. Fraser and SCAVB subsequently agreed that Mrs. Fraser would not receive a stipend, which necessitated a revision of the agreement. ■ Considerations: The attached revised agreement memorializes the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program. The agreement includes revised text reflecting the amount of the City's donation to the SCAVB that the City Council authorized when it adopted its FY19 operating budget in May of this year and provides that the City agrees to continue to donate to the SCAVB the annual amount of $42,500 via semi-annual payments of $21,250, subject to annual appropriations of adequate funding by future actions of future City Councils. The City will continue to provide the Executive Director with an office and office equipment as detailed in the agreement, and the City will continue to pay the City's annual dues to Sister Cities International. The SCAVB will continue to solicit sponsorships and members and will continue to pay the travel expenses of the Executive Director. The SCAVB will also continue to provide the City Council with an annual report of their activities. • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance, Agreement Requested by Vice Mayor Wood REQUESTED BY VICE MAYOR WOOD 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A REVISED AGREEMENT BETWEEN THE CITY 3 AND SISTER CITIES ASSOCIATION OF VIRIGNIA BEACH, 4 INC. 5 6 WHEREAS, the Sister City concept was introduced by President Eisenhower in 7 1956 to foster greater friendships and understanding between the people of the United 8 States and other nations through the medium of direct personal contact; 9 10 WHEREAS, the City has established Sister City relationships with the following 11 localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern 12 Ireland; Olongapo, Philippines; and Waiblingen, Germany; 13 14 WHEREAS, these Sister City relationships promote international cooperation, 15 friendships, and cultural and educational exchanges with economic and tourist 16 development activities; 17 18 WHEREAS, for many years, the Mayor's Sister City Commission served as the 19 City's Sister City organization, but in 2010, the commission was reorganized as the Sister 20 Cities Association of Virginia Beach ("SCAVB"), which subsequently qualified for federal 21 tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is 22 governed by a Board of Directors; 23 24 WHEREAS, the purpose of the SCAVB is to foster international understanding, 25 friendship and cooperation through the forging of continuing relationships and the 26 promotion of people-to-people exchanges between the City and its sister cities, and these 27 purposes are exclusively educational and charitable; 28 29 WHEREAS, in order to memorialize the responsibilities and obligations of the City 30 and the SCAVB with respect to the City's Sister Cities program, on December 12, 2017, 31 the City Council adopted an ordinance authorizing the City Manager to execute an 32 agreement between the City and SCAVB; 33 34 WHEREAS, that agreement required SCAVB to appoint former City Clerk and 35 longtime Sister Cities leader Ruth Hodges Fraser as Executive Director and to also pay 36 her a monthly stipend; 37 38 WERHEAS, SCAVB appointed Mrs. Fraser as Executive Director, but Mrs. Fraser 39 and SCAVB subsequently agreed that Mrs. Fraser would not receive a stipend, and that 40 change necessitated a revision of the agreement; 41 42 WHEREAS, this revised agreement also includes revised text reflecting the 43 amount of the City's donation to SCAVB that the City Council authorized when it adopted 44 its FY19 operating budget in May of this year; and 45 46 WHEREAS, the City and the SCAVB wish to adopt the revised agreement to 47 accurately memorialize the responsibilities and obligations of the City and the SCAVB 48 with respect to the City's Sister Cities program. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Manager is hereby authorized to execute the revised Agreement 54 between the City and the Sister Cities Association of Virginia Beach, Inc., a copy of which 55 is attached hereto. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 58 , 2018. APPROVED AS TO LEGAL SUFFICIENCY: / ;Zi - Deputy City Attorney erick R. Ingram City Attorney's Office CA14537 R-1 September 25, 2018 MEMORANDUM OF UNDERSTANDING between the CITY OF VIRGINIA BEACH and the SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INC. This Memorandum of Understanding ("MOU"), executed this day of , 2018, is made by and between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia ("City"), and the Sister Cities Association of Virginia Beach, Inc. ("SCAVB"), a non-profit Virginia non-stock corporation located in Virginia Beach, Virginia. This MOU supersedes and replaces the MOU signed on February 26, 2018. RECITALS WHEREAS, the Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact; WHEREAS, the City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; ARDS and North Down, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany; WHEREAS,the City acknowledges the importance of Sister City relationships for the purpose of international understanding, friendships, cultural and educational exchanges with economic and tourist development activities; WHEREAS, for many years,the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is governed by a Board of Directors; WHEREAS, the purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable; and WHEREAS, the City and the SCAVB wish to memorialize the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program. AGREEMENT The City and the SCAVB, for and in consideration of their mutual efforts to support the City's Sister Cities program, agree as follows: 1 1. CITY OBLIGATIONS A. The City agrees to donate to the SCAVB $42,500 per year for the fiscal year beginning July 1, 2018. The City's donations will be by semi-annual payments of$21,250 to be paid in January and July of each year. B. The City will provide the Executive Director with a dedicated office with a landline phone, computer, printer with scan and copy features, a small conference table with chairs, and storage space in a building within the City's Municipal Center on Courthouse Drive. The City, through its City Manager, will have the sole discretion to determine the location of the office within the Municipal Center. C. Because the City—and not the SCAVB—is a member of Sister Cities International, the City will continue to pay the City's annual dues to Sister Cities International. D. The City shall procure and pay for all Sister City travel-related expenses for City elected officials, appointed officials or employees in accordance with the City's travel policies and procedures. E. All of the City's financial obligations detailed above are subject to annual appropriations of adequate funding by future actions of future City Councils. 2. SCAVB OBLIGATIONS A. The SCAVB has appointed an Executive Director of the SCAVB. The SCAVB shall arrange,procure and pay for all SCAVB-related travel expenses of the Executive Director. B. The SCAVB shall authorize the Executive Director to serve as Sister Cities International's state representative for the Commonwealth of Virginia when appointed to serve in that capacity by the Sister Cities International Board of Directors. C. The SCAVB shall continue to solicit SCAVB sponsorships and members and may assign that task to the Executive Director. D. The SCAVB shall ensure that the Executive Director coordinates all Sister Cities visits (to or from the City) with the Mayor's office and timely informs the City of any anticipated travel by City officials, appointees or employees so City staff may obtain and pay for such travel as provided for in subsection 1.D. above. E. The SCAVB shall ensure that the Executive Director provides the City Council with an annual report of the SCAVB's activities. 2 3. ADDITIONAL PROVISIONS A. It is understood and agreed between the City and the SCAVB that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this MOU. In the event funds are not appropriated and budgeted in any fiscal year for City financial contributions due to the SCAVB under this MOU, the City shall immediately notify the SCAVB of such occurrence, and this MOU shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the City of any kind whatsoever. B. In the performance of this MOU, both the City and the SCAVB will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of one shall not be construed to be the agents or employees of the other. C. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the SCAVB with any person or entity covering services or goods procured by the SCAVB, or for the negligent or willful acts of the SCAVB. D. The initial term of this MOU shall be for five years, effective July 1, 2018 through June 30, 2023, subject to the right of either party to terminate this MOU at any time by giving the other party at least ninety(90) days written notice, in advance, of its intent to terminate. In the absence of such termination, upon the expiration of the initial term and upon the expiration of each successive term thereafter,this MOU shall automatically extend for five- year terms. E. The parties agree that if there is a dispute as to any provision of this MOU or if either party materially breaches or fails to perform its obligations under this MOU,the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty (30) days of receipt of the notice. F. Any notice or notices required or permitted to be given pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt required, as follows: To the City: Virginia Beach City Manager 2401 Courthouse Drive Municipal Center, Building 1 Virginia Beach, VA 23456 To the SCAVB: President Sister Cities Association of Virginia Beach 2408 Courthouse Drive Room 138 Municipal Center, Building 21 3 Virginia Beach, VA 23456 G. This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the law of the Commonwealth of Virginia, and all question arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted,this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The VBASC shall comply with all federal, state and local statues, ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. H. Any provision of this MOU which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof. I. The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification to this MOU, except in writing, executed by the authorized representatives of the City, upon City Council concurrence, and the SCAVB. J. Neither party shall,without the prior written consent of the other party, assign, delegate,or otherwise transfer, in whole or in part, this Agreement or any rights or obligations arising hereunder. K. The SCAVB does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. L. The City does not discriminate against faith-based organizations. As evidenced by their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH SISTER CITIES ASSOCIATION OF VIRGINIA BEACH By By City Manager David L. Hansen (Name) SCAVB President 4 Approved as to Risk Management: Approved as to Legal Sufficiency: Risk Manager City Attorney's Office 5 /toil itf, CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Establish Capital Improvement Project 2-159, "Parliament Drive Sidewalk, Phase II," to Accept and Appropriate Federal Pass-Through Funding from the Virginia Department of Transportation to Capital Projects 2-111, 4-064, and 2-159, and to Transfer Funds from Capital Project 2-111 to Capital Project 2- 159 MEETING DATE: October 2, 2018 • Background: The Transportation Alternatives Set-Aside Program was authorized by the federal transportation bill known as the Fixing America's Surface Transportation (FAST) Act. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of the transportation infrastructure. Projects funded under this program focus on providing pedestrian and bicycle facilities and community improvements. The Transportation Alternatives Set- Aside Program is part of the Federal-aid Highway program, and the funds are provided to the states for distribution. It is not a grant program, and funds are only available on a reimbursement basis with a 20% minimum local match. Starting in 2017, the Transportation Alternatives Set-Aside Program began a biennial application cycle with project award and allocations for both FY19 and FY20. Projects receiving funding are ratified by the Commonwealth Transportation Board. The City received $601,306 in FY19 federal allocations and an additional $1,480,747 in FY20 federal programmed funds for the following five projects: Total FY19 FY20 Local Project Federal Federal Match Cost Allocations Programmed Funds Violet Bank Trail $462,099 $70,000 $248,848 $143,251 Three Oaks Elementary Path $537,206 $100,000 $270,672 $166,534 South Boulevard Sidewalk $652,935 $66,000 $384,525 $202,410 Euclid Road Sidewalk Phase II $398,877 $85,000 $190,225 $123,652 Parliament Dr. Sidewalk Ph. II $966,353 $280,306 $386,477 $299,570 Total $3,017,470 $601,306 $1,480,747 $935,417 • Considerations: Violet Bank Trail and Three Oaks Elementary Multi-Use Path are included within the "City Bikeways and Trails Plan Implementation II" project (CIP # 4-064) of the Parks & Recreation Section of the Capital Improvement Program. There is sufficient local funding in the "City Bikeways and Trails Plan Implementation II" project to satisfy the City's required local match. South Boulevard Sidewalk and Euclid Road Sidewalk Phase II are included within the "Traffic Safety Improvements (TSI) IV" project (CIP # 2-111) of the Roadways Section of the Capital Improvement Program. There is sufficient local funding in the "TSI IV" project to satisfy the City's required local match. The "Parliament Drive Sidewalk, Phase II" project will be managed as a new standalone CIP Project within the Roadways Section of the Capital Improvement Program. "Parliament Drive Sidewalk, Phase II" will be designated with the CIP project number 2- 159. There is sufficient local funding in the "Traffic Safety Improvements (TSI) IV" project to satisfy the City's required local match. The applicable local funds ($299,570) will be transferred from "TSI IV" to the new Roadways standalone CIP Project # 2-159, "Parliament Drive Sidewalk, Phase II." • Public Information: Normal City Council agenda process. • Attachments: Location Maps (5); Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works i'/41 City Manager: fir, , 1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT 2 PROJECT 2-159, "PARLIAMENT DRIVE SIDEWALK, 3 PHASE II," TO ACCEPT AND APPROPRIATE FEDERAL 4 PASS-THROUGH FUNDING FROM THE VIRGINIA 5 DEPARTMENT OF TRANSPORTATION TO CAPITAL 6 PROJECTS 2-111, 4-064, AND 2-159, AND TO TRANSFER 7 FUNDS FROM CAPITAL PROJECT 2-111 TO CAPITAL 8 PROJECT 2-159 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1 . Capital Improvement Project (CIP) # 2-159 "Parliament Drive Sidewalk 14 Phase II," is hereby established as a capital project in the FY 2018-19 Capital 15 Improvement Program. 16 17 2. $151 ,000 in federal revenue is hereby accepted and appropriated to CIP # 18 2-111, "Traffic Safety Improvements IV," in the FY 2018-19 Capital Improvement Program 19 for a concrete sidewalk at two locations along the south side of South Boulevard between 20 Independence Boulevard and Expressway Drive and a concrete sidewalk on the north 21 side of Euclid Road between Onondaga Road and Kellam Road. 22 23 3. $170,000 in federal revenue is hereby accepted and appropriated to CIP # 24 4-064, "City Bikeways and Trails Plan Implementation II," in the FY 2018-19 Capital 25 Improvement Program for an asphalt path connecting the eastern end of Violet Bank 26 Drive to Selwood Drive and an asphalt path connecting the Sherwood Lakes and 27 Highgate Greens neighborhoods to Three Oaks Elementary School. 28 29 4. $280,306 in federal revenue is hereby accepted and appropriated to CIP # 30 2-159, "Parliament Drive Sidewalk, Phase II," in the FY 2018-19 Capital Improvement 31 Program for a concrete sidewalk along the southern side of Parliament Drive from Green 32 Kemp Road to the Arrowhead Plaza Shopping Center. 33 34 5. $299,570 is hereby transferred from CIP # 2-111, "Traffic Safety 35 Improvements IV," to CIP # 2-159. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APP VED AS TO LEGAL SUFFICIENCY: n Budget and Management Services th...- • ey's Office CA14531 R-1 September 17, 2018 to, , 1 toKw 4.m,rv.v.„/.4,440 .4,00 9 i' oeum ,o, :!!\ P,.�� i ��1�+��i"b *t ' r v '� �'' j �i"WT / W ••1_ E fir, � s �.;! ,. Q�Q S OPritSI iii ' y +��v ��.�`+ . tip :if", -4;:11° �© Z r44; r f,/� ::,, F� © RG Z `�,C>te H l.' «`i1•�, - �yr� ♦ r ' C4 _ ;r z.. Q1 )` �f(__ 4eP `4 \ --� li ...T. _ 44, 4. 4*i /0*,,it .) ,I, is%tor . tiir>t_ sAk+ e+e* �c 4-i-A; Njo l k Aikito Q, 1// . A W. *AS* ''--- ';e3 - -44. / /4 `')%ytik \ Iv* -----`1.i) ,, -',\ ,_k_, c.,,,,, :-.,, ,, , --.4„, ___.,44,..„,4 vir ' \ ---4 '°00\ , . 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T. 1 p ® )irn, �\0 i —J 0 250 500 1,000 \ \ 2 , r �°;� '� c\�P (' Feet ' itti /` ' \ 4 ' j -Q / ,f' ® LOCATION MAP ® \ 4 411PARLIAMENT DRIVE SIDEWALK /' , \ /\ PHASE II Prepared by P.W./Eng./Eng.Support Services Bureau 9/10/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\Parliament Drive Sidewalk Phase II AZ Bei' 4ii .14 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $1,681,238 for Purposes Previously Approved in FY 2017-18 into the FY 2018-19 Operating Budget MEETING DATE: October 2, 2018 • Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. See § 8 of the FY 2018-19 Operating Budget Appropriation Ordinance. In addition to this provision of the Annual Appropriation Ordinance, funds that are approved for a specific purchase or contract but remain unobligated or unencumbered at the end of the year may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2017-18 to purchase a piece of equipment or renovate a facility, but due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by City Council by a budget amendment or City Manager by authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; or • Funds provided for a specific grant program or other restricted purpose were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. The Department of Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements and also to ensure that there is sufficient fund balance to meet the City Council's fund balance policy. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • The funds requested to be carried over must remain in the same fund, budget unit, and the account code in the new fiscal year as they were in the prior fiscal year; • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as personal services, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget Ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $1,681,238. Of that amount, $853,405 is for the General Fund; $398,782 DEA Federal & State Seized Assets Special Revenue Fund; $50,000 Parks & Recreation Fund; $22,702 is for the Water and Sewer Fund; $200,000 Waste Management Enterprise Fund; $150,000 Storm Water Utility Enterprise Fund; and $6,349 Emergency Management Gift Fund. • Public Information: Normal City Council agenda process. • Attachments: Ordinance, Exhibit A: FY 2017-18 Items Requested for Carry Forward into FY 2018-19 Recommended Action: Approval of Ordinance Submitting D- = - - .t/Agency: Budget and Management ServicesO p\(-1) City Manage 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $1,681 ,238 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2017-18 INTO FY 2018-19 4 OPERATING BUDGET 5 6 WHEREAS, funding totaling $1,681,238 was unexpended at the close of Fiscal 7 Year 2017-18 and require re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2017-18 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $1 ,681,238 is hereby appropriated in the FY 2018-19 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2017-18 15 Items Requested for Carry Forward into FY 2018-19," with a corresponding increase in 16 specific fund reserve revenue from each respective fund stated therein. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attor ey'S Office CA14534 R-1 September 19, 2018 CITY OF VIRGINIA BEACH,VIRGINIA 9/10/2018 FY 2017-18 OPERATING BUDGET CARRY FORWARD REQUESTS Exhibit A: FY 2017-18 Items Requested for Carry Forward into FY 2018-19 Department Amount Purpose/Comments GENERAL FUND Public Health $ 69,878 Installation costs of new budgeted Panoramic Machine. Strategy,Transparency,Innovation& $ 41,000 Equip new Strategy,Transparency,Innovation&Resiliency Office Resiliency Office space in Building 21. Cultural Affairs $ 25,000 Matching Grant Incentive Program to help fund building,facade, property,and technology improvements for businesses. Fire $ 121,002 Fort Story Extractor&washer,station alerting system,and Aid to Localities(ATL)funds. Information Technology $ 100,000 Build out and equipment for 4801 Columbus Street. Human Services $ 51,423 Unspent balance in Complex Care Program. Provides residential services for individuals with behavioral health diagnoses and needing additional supervision. Department of Aquarium,Historic Houses, $ 95,000 Design a mobile application for Aquarium guests,Installation of and Museums/Aquarium Marketing Digital Lobby Signage,and the install of wireless access points in the Aquarium. Department of Aquarium,Historic Houses, $ 19,559 Purchase and install hardware for the Aquarium's ticketing and Museums/Aquarium Guest Operations system EVM-PCI compliance upgrade. Convention&Visitors Bureau $ 152,672 Funds for two shuttles as approved by City Council on June 5th, 2018. Commonwealth Attorney's $ 8,164 To continue implementation of the Body Worn Camera/In-car Camera project which is anticipated to be live in July. Police $ 169,707 To continue implementation of the Body Worn Camera/In-car Camera project which is anticipated to be live in July. $ 853,405 TOTAL GENERAL FUND DEA SEIZED PROPERTY SPECIAL REVENUE FUND Police/DEA Uniform Patrol $ 365,282 To continue implementation of the Body Worn Camera/In-car Camera project which is anticipated to be live in July. Police/DEA Special Investigative Unit $ 33,500 Forfeiture funds from the Department of Criminal Justice allocated to purchase K9s and confidential funds to pay informants. $ 398,782 TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND PARKS AND RECREATION Parks&Recreation/Planning,Design,and $ 50,000 To equip the Conference Room in the new Administrative Development Building. $ 50,000 TOTAL PARKS AND RECREATION 1 of 2 CITY OF VIRGINIA BEACH,VIRGINIA 9/10/2018 FY 2017-18 OPERATING BUDGET CARRY FORWARD REQUESTS Exhibit A: FY 2017-18 Items Requested for Carry Forward into FY 2018-19 Department Amount Purpose/Comments WATER AND SEWER FUND Public Utilities/Business Division $ 22,702 Expansion requires a Smartboard setup for six new computers. $ 22,702 TOTAL WATER AND SEWER FUND WASTE MANAGEMENT ENTERPRISE FUND Public Works/Waste Management $ 200,000 Waste Management work order system including mobile dispatch which was approved FY 2017-18. $ 200,000 TOTAL WASTE MANAGEMENT ENTERPRISE FUND STORM WATER UTILITY ENTERPRISE FUND Public Works/SWU-Operations Maintenance $ 150,000 Replacement cement silo. $ 150,000 TOTAL STORM WATER UTILITY ENTERPRISE FUND EMERGENCY MANAGEMENT GIFT FUND Office of Emergency Management $ 6,349 Donations to provide support to the VBCERT Program made to the Office of Emergency Management. $ 6,349 TOTAL EMERGENCY MANAGEMENT GIFT FUND 1,681,238 2 of 2 Ir i{-1 k11 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation to Capital Project 2-026, "Street Reconstruction II,"for Road Paving Projects MEETING DATE: October 2, 2018 ■ Background: The Commonwealth Transportation Board (CTB) established the Primary Extension Paving Program to distribute available paving funding with both CTB Formula Funds and State of Good Repair funds. Starting on July 1, 2014, localities that maintain their own primary extension roads can receive a portion of the reconstruction and paving funds that was previously reserved for interstates and primary roads. The Primary Extension Paving Program provides funding for qualifying road segments, up to $1 million per locality. Applications submitted to the Virginia Department of Transportation (VDOT) are scored via a prioritization process. This is not a grant program, and funds are only available on a reimbursement basis. The City received $1 million in FY19 state allocations to pave the following two segments of Virginia Beach Boulevard: Total State Local Paving Allocations Contribution Cost Virginia Beach Blvd EB (Northridge to $622,535 $500,000 $122,535 Aragona) Virginia Beach Blvd WB (Aragona to $650,755 $500,000 $150,755 Northridge) Total $1,273,290 $1,000,000 $273,290 The total paving cost for these road segments is estimated at $1,273,290. The City will use available funds in the"Street Reconstruction II" project(CIP#2-026)of the Roadways Section of the Capital Improvement Program for the balance to complete the projects ($273,290). is Considerations: The aforementioned eastbound and westbound segments of Virginia Beach Boulevard have been identified as preferred candidates in the City's FY 2018-19 paving schedule. Accepting and appropriating these funds will allow for additional paving and maintenance needs identified in the FY 2018-19 City of Virginia Beach Paving Plan to move forward. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Location Map Recommended Action: Approval Submitting De. - m- • . t .ency: Public Works ,`^tv City Manager. , _ _ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION TO CAPITAL PROJECT 2-026, 4 "STREET RECONSTRUCTION II," FOR ROAD PAVING 5 PROJECTS 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA, THAT: 9 10 1 . $1,000,000 is hereby accepted from the Virginia Department of 11 Transportation and appropriated, with state revenues increased accordingly, to CIP # 2- 12 026, "Street Reconstruction II,"for the paving of Virginia Beach Boulevard Eastbound and 13 Westbound lanes between Northridge Drive and Aragona Boulevard. 14 15 2. The Council acknowledges the local funds necessary to complete the 16 balance of this paving project are available from existing appropriations in CIP # 2-026. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7 Budget and Management Services City Attorney's Office CA14532 R-1 September 17, 2018 'l-" ro SITE / MARACAS ARC , q•cod x 11 4 VIRGINIA BEACH BLVD L O, W E I G>i ��5 3 ,64 PIAZAT P s I04 4. PJG °a, y�< r yr k lF<N G� S S trots '' oR, cc o ? Qv m -* O CA ti `cam aRok/os, '• 4. Fti°�yc xo /441/TAKER P! RNgT,pNAVE Fe Q Q FERR PIN. lLO w •Z CI _ m RACHEL ST ..ss. nQ Np pR ! '' — 11r1?- Og ERSKINE ST 3 t� tGc\ y co I� 13 < ?s Sr .\ !I RI <2 2� 7 �O F.-- und ; w FLORAL ST 7L 'P <O ---_ R 8, '�. yr- f , : ;,+! =,=` — f 1 I � F fi SIT 1 i'l/ / I/ -- ,l _ I I I lig _ s I I 11Y , — ,',,,;// '' 1 ' T I ' ---1-1. II-' R _ -_ i I— ._-.l _ \ - ACH BLVD �� w Eastbound _— z- z / Efl 1\ - 4 o . , 7 • NMI C Lu w, I = , ` -��>) CLEVELAND ST' \1 t� , 1 1I : --- A r 64 - -\:v--1 J r. — l \\ l 0 ; i "i„, MANDAN RD �\\ - a - /' � vIII 5� y plF� ill i a l l/0 y ,l ( z • ; < ( ` � LOCATION MAP %`I1111 , EASTBOUND AND WESTBOUND 'po -- S�4" VIRGINIA BEACH BOULEVARD°� _ PAVEMENT PROJECT 0 200 400 800 imm Feet Prepared by P.W./Eng./Eng.Support Services 9/21/18 X:\CADD\Projects\ARC Files\AGENDA MAPS\Virginia Beach Blvd\VB Blvd @ Witchduck K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS-ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/18/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O O Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S E S N N D CITY COUNCIL'S BRIEFINGS A. HURRICANE FLORENCE UPDATE Steven Cover,Deputy City Manager Erin Sutton,Director— Office of Emergency Management B. VBDA ANNUAL REPORT Dorothy Wood,Chair C. ViBE CREATIVE DISTRICT UPDATE Kate Pittman,Executive Director D. SEA LEVEL RISE/RECURRENT Thomas Leahy,Deputy FLOODING UPDATE City Manager II/III/IV/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y V A-E 9-0 Y Y Y Y Y Y Y Y A Y F/G MINUTES APPROVED B September 4,2018 T A N E D H. MAYOR'S PRESENTATIONS I. RESOLUTION HURRICANE MATTHEW LONG TERM Melissa Zibutis, RECOVERY GROUP Volunteer Resources Coordinator 2. PRESENTATION—BOARD OF Carolyn Garrett, DIRECTORS President SISTER CITIES ASSOCIATION OF VIRGINIA BEACH(SCAVB) PUBLIC COMMENT 2 SPEAKERS 1. 2019 LEGISLATIVE AGENDA J. PUBLIC HEARING NO SPEAKERS 1. LEASE OF CITY PROPERTIES-Little League a. 2513 Shorehaven Drive b. 952 Reon Drive c. 586 North Lynnhaven Road d. 632 Firefall Drive e. 3332 Northgate Drive CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/18/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 T R E E ENS 1 0 0 T _ T R Y S E S N N D K. ORDINANCES/RESOLUTION K.1. Ordinance to CONFIRM the Declaration of ADOPTED, 10-0 Y Y Y Y Y Y Y Y Y Y a Local Emergency re Hurricane"Florence" SUBSTITUTE VERSION,BY CONSENT K.2 Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Manager to EXECUTE five(5)Leases for CONSENT the use of City Park properties re Little League operations: a. 2513 Shorehaven Drive-Great Neck Baseball League,Inc. b. 952 Reon Drive-Kempsville Borough Boys Baseball,Inc. c. 586 North Lynnhaven Road-Boys Baseball of Lynnhaven,Inc. d. 632 Firefall Drive-Virginia Beach Little League,Inc. e. 3332 Northgate Drive-Plaza Little League, Inc. K.3 Ordinance to AUTHORIZE a Cooperative ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Agreement between City Council/School CONSENT Board re legal services by the Office of the City Attorney for FY 2019 K.4 Ordinances to ACCEPT/APPROPRIATE ADOPTED,BY 10-0 YYYYYY Y Y Y Y Grant Funds from Virginia DMV to Police/ CONSENT AUTHORIZE an In-Kind Grant Match: a. $48,000 re DUI Enforcement b. $52,000 re Seat Belt Enforcement K.5 Ordinance to APPROPRIATE$54,424 of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Fund Balance from the Police Federal/State CONSENT Seized Assets Special Revenue Fund re expenses during an investigation K.6 Resolution to REFER an Ordinance to ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y AMEND Sections 102, 111,401,501,601, 901, 1110,1125,1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re Definitions, Requirements and Use of Home Sharing and Short Term Rentals to the Planning Commission L.l PROVIDENCE PRESBYTERIAN APPROVED/ 10-0 YYYNLY Y Y Y Y Y CHURCH for a CUP re child care CONDITIONED,BY education center in a religious use at 5497 CONSENT Providence Road DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/18/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y L N A 0 R S 0 TR EEENS I 0 0 T T R Y S E S N N D M. APPOINTMENTS RESCHEDULED B YCONS ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD COMMUNITY ORGANIZATION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y GRANT(COG)AND ALLOCATION Cheryl McClesky REVIEW COMMITTEE 3 Year Term 9/18/2018—8/31/2021 GREEN RIBBON COMMITTEE Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y Jason Barney Karen Forget Laura Habr Robert Miller Robert Thornton 1 Year Term 11/1/2018—10/31/2019 HEALTH SERVICES ADVISORY Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y BOARD Dr.Laura Heiby Unexpired term thru 3/31/2019 +3 year term thru 03/31/2022 N/O/P ADJOURNMENT 6:45 P.M. CITY COUNCIL TUESDAY, NOVEMBER 6, 2018 CANCELLED ELECTION DAY