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LEGISLATIVE AGENDA GENERAL ASSEMBLY 2016 SESSION

October 20, 2015

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PREFACE

The 2016 session of the General Assembly will be quickly upon the citizens and General Assembly members. The General Assembly is to be congratulated for their notable successes in recent years. They addressed the unfunded liability for the Virginia Retirement System (VRS), including pledging to fully fund the actuarially recommended amount over the next several years, which is of great importance to the Commonwealth. The General Assembly is also keeping its faith in paying back the $600 million "loan” taken from the VRS funds during the Great Recession. The General Assembly has also attempted to address transportation funding. The creation of the Hampton Roads Transportation Accountability Commission (HRTAC), and the passage of House Bill 2 establishing a prioritization process for transportation projects throughout the Commonwealth are great accomplishments. No longer will funding for transportation projects potentially change every four years because of a change in Governor. However, even with the General Assembly’s attempt to address transportation funding, funding is still critically low. The Hampton Roads region will have approximately $100M to spend on “local” projects between now and 2021. These projects must all be scored through the House Bill 2 process. This compares to the over $30M per year that Virginia Beach alone was receiving in Urban Funding, prior to the Great Recession. Virginia Beach is still committing very substantial amounts of funds for transportation funding. Also, Virginia Beach is required under House Bill 2313 to maintain a level of funding that we were expending prior to the passage of that legislation. There is no requirement that the state maintain the same level of funding as it was during that timeframe. We are also very grateful for the work of the Commonwealth Transportation Board, and especially the local VDOT office for their work in resurfacing I-64 and I-264 in Norfolk and Virginia Beach. This expenditure of over $100M in long overdue repairs is providing great benefit to the citizens, and the timely movement of people, goods, and services throughout Hampton Roads. In 2016 the City will not be requesting funds from the General Assembly for the Base Realignment and Closure (BRAC) Response Program. This joint city and state program has been lauded throughout the country, all the way up to the level of Secretary of Defense. We have created the model program for encroachment mitigation, and it is only through the efforts of our delegation, that we were able to keep this program funded for so long. Thank you for this sustained effort. This program is also a benefit to Chesapeake’s efforts to protect Fentress Auxiliary Field, which is vital to the continuation of Oceana Naval Air Station. Funds have also been provided to Hampton to protect Langley Air Force Base in reducing encroachment.

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The General Assembly has attempted to provide additional funding for education over the last several years. However, state funding is still at a pre-Great Recession level. Virginia Beach is going above and beyond the requirements of the Standards of Quality (SOQ) by providing $234.5M in local funds, again above and beyond the amount required. This equates to 45.8 cents on the real estate tax, where every penny provides $5.1M. This does not count debt service. Funding the Standards of Quality and the funding of the real needs of education must be a priority for the General Assembly as the economy improves. Virginia Beach City Council looks forward to our continued great relationship with our Delegation. We also look forward to welcoming new members to the Delegation, as well as thanking Senator McWaters for his service representing Virginia Beach.

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TABLE OF CONTENTS Preface

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CITY OF VIRGINIA BEACH –CITY COUNCIL

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CITY OF VIRGINIA BEACH – GENERAL ASSEMBLY DELEGATION

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SECTION 1.1 – CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS

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1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL

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2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION

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3. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL

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4. MEDICAID EXPANSION POSITION SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL

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5. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL

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SECTION 1.2 – CITY OF VIRGINIA BEACH NEW INITIATIVES

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6. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION (HRTAC) VOTING 13 SPONSORED BY CITY COUNCIL MEMBER, MAYOR WILLIAM D. SESSOMS, JR. 7. STIPENDS FOR BIDDERS/OFFERS IN LARGE INFRASTRUCTURE PROJECTS SPONSORED BY CITY COUNCIL MEMBER, BOB DYER

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8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY 15 SPONSORED BY CITY COUNCIL MEMBER, ROSEMARY WILSON 9. COMMENCEMENT OF APPROVED JOB-RELATED DISABILITY PENSION BENEFITS OF SEPARATION 16 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 10. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS’ COMPENSATION MEDICAL COST 17 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER

v 11. AMEND THE VIRGINIA CODE SECTION §42.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988, FROM $4.00 TO $5.00 18 SPONSORED BY CITY COUNCIL MEMBER, AMELIA N. ROSS-HAMMOND 12. VOTING RIGHTS SPONSORED BY CITY COUNCIL MEMBER, AMELIA N. ROSS-HAMMOND

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13. SMALL BUSINESS IMPROVEMENTS SPONSORED BY CITY COUNCIL MEMBER, BOB DYER

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14. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY SPONSORED BY CITY COUNCIL MEMBER, BOB DYER

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15. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES 22 SPONSORED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL 16. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY

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17. THE VIRGINIA CENTER FOR HOSPITALITY SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R. JONES

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18. FULL COMMONWEALTH FUNDING FOR THE COMMONWEALTH ATTORNEY’S OFFICE SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R. JONES 19. OYSTER LEASES FOR NAVIGATION PROJECTS SPONSORED BY CITY COUNCIL MEMBERS, JAMES L. WOOD AND JOHN E. UHRIN

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CITY OF VIRGINIA BEACH – CITY COUNCIL Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones - Bayside Shannon DS Kane – Rose Hall Benjamin Davenport – At Large Amelia N. Ross-Hammond - Kempsville Bob Dyer - Centerville Barbara M. Henley - Princess Anne John D. Moss - At Large John E. Uhrin - Beach Rosemary Wilson - At Large James L. Wood - Lynnhaven

CITY OF VIRGINIA BEACH – GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. – Senate District 6 Senator Frank W. Wagner – Senate District 7 Senator Jeffrey L. McWaters – Senate District 8 Senator John A. Cosgrove, Jr. – Senate District 14 Delegate Ronald A. Villanueva – House District 21 Delegate Barry D. Knight – House District 81 Delegate William R. DeSteph, Jr. – House District 82 Delegate Christopher P. Stolle – House District 83 Delegate Glenn R. Davis – House District 84 Delegate Scott W. Taylor – House District 85 Delegate Joseph C. Lindsey – House District 90

SECTION 1.1 – CITY OF VIRGINIA BEACH LONG TERM POLICY P OSITIONS

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1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE V IRGINIA B EACH C ITY COUNCIL

Background Information: The total spending from the tourism industry in Virginia Beach for 2014 was $1.4 billion, stimulating 12,568 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences on the tourism industry in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education.

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EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY THE V IRGINIA B EACH C ITY COUNCIL VIA V IRGINIA B EACH H UMAN R IGHTS C OMMISSION

Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation.

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3. MORATORIUM ON URANIUM MINING SPONSORED BY THE V IRGINIA B EACH C ITY 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. (See attached resolution by City Council)

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***Please find attached a resolution adopted by City Council on September 1, 2015***

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Resolution Page 1

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Resolution Page 2

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4. MEDICAID EXPANSION POSITION SPONSORED BY THE V IRGINIA B EACH C ITY COUNCIL

***Please find attached a resolution adopted by City Council***

Resolution Page 1

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Resolution Page 2

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5. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL

Background Information: People with serious mental illness, as well as their loved ones, and people with addiction disorders and their families face a crisis when it comes to accessing services they need. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship, have exacerbated the problem. According to the Virginia Department of Behavioral Health and Development Services, almost 4,500 Virginians are waiting to receive community-based services for mental health alone, and almost 1,500 of those have waited for services longer than four months. The well-being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare... Request: The City requests that the General Assembly provide significant increases to funding for mental healthcare services beyond that provided in 2015. The City supports the Virginia Association of Community Services Board (VACSB) budget priorities for 2015-2016 and requests funding to include, but not limited to the following: • •

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Workforce development with a focus on recruiting and retaining licensed or license-eligible staff by offering tuition reimbursement and clinical supervision financial incentives-$3,991,000 The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of medical detoxification to improve our crisis response system for individuals with substance use dependence and ensure that resources are available for safe detoxification during a crisis episode -- $16,000,000. Reintegration services for high-risk youth and adults to expand capacity for the purchase of community-based services and treatment to address youth and adults who are high-risk for rehospitalization or re-offense due the severity of their behavioral health challenges -- $7,000,000 Additional Waiver Slots: The VACSB Developmental Services Council is supporting The ARC’s Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by 50%. Waiver slots build capacities that will enable individuals who need developmental services and supports, including those with multiple disabilities, to live a life that is fully integrated in the community. o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement agreement in FY16 o Fund 800 Individual and Family Support Waiver slots in both FY 2017 & FY 2018 *Each ID waiver slot costs approximately $45,000 a year

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SECTION 1.2 – CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES

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6. HAMPTON ROADS TRANSPORTATION COMMISSION (HRTAC) VOTING

ACCOUNTABILITY

SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.

Background Information: Currently the legislation established by the Hampton Roads Transportation Accountability Commission (HRTAC) requires that the Chief Elected Officer (CEO) of the governing body of each of the fourteen counties and cities, embraced by the commission, shall be the voting member. The Acts of Assembly state that decisions by the commission shall be by: 1) a quorum constituting a majority of the elected officials of the Commission, 2) the affirmative vote of two-thirds of the voting Members present and voting, and 3) two-thirds of the chief elected Officers of the counties and cities embraced by Planning District 23 who are present and voting and whose counties and cities include at least two-thirds of the population embraced by the Commission. Since most of the chief elected Officers (i.e. mayors, chairs of the board of supervisors) also have careers that require their attention, their elected positions are held part-time. Thus, it is reasonable that full-time employment requirements may occasionally take priority over attendance at a HRTAC meeting. Furthermore, a mayor or chair could be incapacitated for many months, and that jurisdiction would, therefore, not be represented at a HRTAC meeting and to a real extent be disenfranchised. Therefore, it is requested that the HRTAC enabling legislation be amended to allow the mayor or chair of the board of supervisors to designate another member of his council or board to cast a vote for the chief elected official on behalf of the locality at HRTAC meetings. Request: The General Assembly is requested to amend chapter 678 of the Acts of Assembly 2014 session to allow the Chief Elected Officer of a governing body of any of the fourteen counties and cities embraced by the commission, if he or she is unable to attend a meeting, to designate another council or board member to represent him or her. This designation shall be made to the chair of the Hampton Roads Transportation Accountability Commission (HRTAC) at least 48 hours before the meeting for which an alternate will be voting and such notification to the chair shall be made through writing or electronically. Such appointment of alternate shall be for only the upcoming meeting, which the Chief Elected Official is unable to attend.

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7. STIPENDS FOR BIDDERS/OFFERORS IN LARGE INFRASTRUCTURE PROJECTS SPONSORED BY C ITY COUNCIL MEMBER, B OB DYER

Background Information: The central premise of the Virginia Public Procurement Act (VPPA) is that increased competition provides benefits such as lower overall costs and increased quality. The City’s interest in stipends is specifically keyed to two-phase procurement wherein the stipend is an incentive to keep a bidder/offeror “in the game” after the initial competitive qualification process. In the procurement context, a stipend means a payment made by a public entity to a pre-qualified offeror/bidder upon submission of a binding bid or formal proposal. The amount of the stipend can be tied to either the estimated proposal development costs or the amount of the bid/contract (e.g. AZ DOT uses 0.2% of bid amount as a cap). While not applicable in all procurement scenarios, one common requirement for payment of a stipend is that the offeror/bidder transfer title to all designs and data in its proposal. The VPPA is silent as to whether a locality may use a stipend for the purpose of promoting competition. If a project is a federal highway project, the Federal Highway Administration Regulations permit the use of stipends in certain procurements. 23 C.F.R. §636.113 provides: Stipends are recommended on large projects where there is substantial opportunity for innovation and the cost of submitting a proposal is significant. On such projects, stipends are used to: • Encourage competition; • Compensate unsuccessful offerors for a portion of the costs (usually one-third to one half of the estimated proposal development cost); and • Ensure that smaller companies are not put at a competitive disadvantage. Request: The City Council requests the General Assembly provide enabling legislation to allow a locality the option to offer a stipend for large ($50million+) procurements that utilize a two-phase procurement. Such legislation may defer to the locally adopted ordinance the methodology for calculating the stipend whether that be estimated proposal development cost, percentage of estimated bid amount, or some variation of these concepts.

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8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY SPONSORED BY C ITY COUNCIL MEMBER, ROSEMARY W ILSON

Background Information: The Government Accounting Standards Board (GASB) is prescribing how unfunded liabilities of costshared pensions should be reported. Local governments with school divisions will find themselves burdened with more than $15 billion in unfunded liability. School divisions’ liabilities will officially show up on local financial statements in FY15, and on the FY14 valuation. In Virginia, teachers are employees of the school boards and send retirement contributions to the Virginia Retirement System (VRS). Under the new GASB rules, even though the state and the school board fund the contributions, the unfunded liability falls solely on the school boards. This means the liability will be shown on the city, county, or town financial statements. The Virginia Beach School Board unfunded teacher liability is $623.9 million. Projected balance sheets for Virginia Beach, after recognizing the unfunded pension liability for the City and the Schools will result in negative equity of over $800 million. There is no rationale for localities to bear full responsibility for the unfunded liability for the teacher retirement plan and have its credit rating potentially negatively impacted. The state sets standards that require a minimum number of teachers. Pensions are part and parcel of a compensation package. There is no rationale for the state not bearing a portion of the responsibility for pension costs, including recognition of unfunded liabilities. For more than 20 years, the state has chosen to fund the teacher retirement plan at rates below those recommended by the VRS Board of Trustees. At the same time, the state also expanded retirement benefits by decreasing age and service requirements, allowed for purchase of service, and required health insurance credits. Consistent underfunding, benefit increases and investment losses due to the Great Recession have pumped up the unfunded status of the teacher retirement plan. The fund has just 60.2 percent of the assets needed to pay its liabilities. Request: • • • •

The unfunded liability of the teacher retirement plan should be a responsibility shared by the state and local governments, failure to do so may result the downgrading of local credit ratings. If local credit ratings are downgraded, it will be more expensive for localities to invest in infrastructure essential to the state, including school buildings and other public facilities. Fully fund the actuarial rate as indicated by the VRS going forward and pay such funds directly to VRS. The Commonwealth should pay its share of teacher retirement costs directly to VRS. This will not increase the amount the state pays for teacher retirement.

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9. COMMENCEMENT OF APPROVED JOB-RELATED DISABILITY

PENSION BENEFITS OF SEPARATION SPONSORED BY C ITY COUNCIL MEMBER, B OB DYER

Background Information: When an individual sustains an on-the-job injury, and ultimately cannot go back to performing the job for which he or she was hired, that individual, if vested, can apply for VRS disability benefits. Typically, the injured worker will have previously applied for and received workers’ compensation benefits which provide for lifetime medical benefits and the potential for up to 500 weeks of wage loss benefits. In many cases, when an injured worker has received wage loss benefits due to a work-related injury, the injured worker sufficiently recovers in order to return to the work place in a limited duty or transitional duty capacity. By providing limited duty work to the injured worker, the City of Virginia Beach assists the injured worker in returning to the work force. Because the injured worker who returns to the work place in a limited duty capacity receives his or her regular wages, which are greater than or equal to the workers’ compensation wage indemnity, the open award for wage loss benefits under workers’ compensation closes. In the event that the injured worker ultimately is not able to return to the job for which he or she was hired in a full duty capacity, the City will eventually separate the employee from employment. At the time of the separation, the employee often will have applied for and been granted job-related disability retirement, but not be on an open workers compensation award. VRS takes the position that injured workers should be required to petition to reopen their workers’ compensation claim and begin receiving benefits at the time of separation instead of VRS beginning to pay job-related disability pension benefits, even though the Code of Virginia allows for the separated employee to begin receiving job-related disability retirement benefits. In other words, VRS will delay payment, leaving the employee with no source of income, and thereby forcing him or her to petition anew for workers’ compensation wage loss benefits. Request: In cases where the injured worker is no longer on an open wage loss award, not beginning VRS pension benefits within a reasonable period of time imposes a substantial financial burden on the injured employee and has the effect of requiring the employee to reopen his or her workers’ compensation wage loss claim even though state law does not affirmatively allow VRS to require the injured employee to take such action. The City of Virginia Beach urges the General Assembly to require VRS to commence payment of approved VRS disability retirement benefits to the injured worker within 30 days of VRS approval of the job-related disability retirement request if the worker is not on an open workers’ compensation award.

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10. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS’ COMPENSATION MEDICAL COST SPONSORED BY C ITY COUNCIL MEMBER, B OB DYER

Background Information: Medical costs for work related injuries continue to rise exponentially each year according to a study by the Virginia Workers’ Compensation Commission. Medical costs continue to rise unreasonably primarily because medical providers do not allow deep discounts similar to group health plans. The current wording in the Virginia Workers’ Compensation Act provides for medical bills to be paid at the “going community rate”. In practice, the bill that the doctor provides is considered the “going community rate” unless the employer can prove otherwise. There is no predictability in this practice because we receive drastically different billed amounts from different medical providers for the same identical service. The 2014 General Assembly failed to enact HB 946 which mandated a fee schedule for workers’ compensation medical costs based on Medicare rates. Forty-four states have adopted fee schedules, 32 of which are based on Medicare. If such a fee schedule were adopted in Virginia, it is estimated to save over $50 million in state-wide work-related medical costs and would provide a much more predictable process. In FY2015, Virginia Beach spent over $8 million on medical services to injured employees. On March 23, 2015, the 2015 General Assembly adopted House Bill 1820 that requires the Virginia Workers’ Compensation Commission to re-establish, by April of 2016, the number and geographic area of the communities under the prevailing community rate statute. Additionally, the Commission is to convene a work group of stakeholder representatives of employers, health care service providers, claimants, and insurers to advise and assist the Commission in reviewing various databases for medical services rendered in Virginia to establish the pecuniary liability of the employer for work related medical treatment. One example is the Virginia All-Payers Claims Database. This database was mandated by the Virginia General Assembly in 2012 and is overseen by Virginia Health Information (VHI). The VHI is an independent, non-profit 501(c)(3) organization formed to administer Virginia Health Care Data reporting initiatives to Virginians. Further, the stakeholder group and the Commission are required to make findings or recommendations as to how the databases reviewed may serve to enhance or replace Virginia’s current mechanisms for establishing the cost for medical services to injured employees. Request: The City of Virginia Beach urges the General Assembly to eliminate the “going community rate” language in the Virginia Workers’ Compensation Act and adopt a consistent, fair and reasonable fee schedule, similar to group health plan network rates, for all work related medical costs billed after June 30, 2016.

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11. AMEND THE VIRGINIA CODE SECTION §42.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988, FROM $4.00 TO $5.00 SPONSORED BY C ITY COUNCIL MEMBER, AMELIA N. ROSS-HAMMOND

Background Information: The Wahab Public Law Library (WPLL) is under the governance of the Department of Public Libraries, however, all operational funding, including that for personnel, is derived not from the City's General Fund, but from civil cases filed in the Virginia Beach Circuit and General District Courts. The Circuit Court Clerk takes 5% out of each $4.00 filing fee as a commission, as provided for in §17.1-289 of the Code of Virginia, with WPLL receiving a total$3.80 per each $4.00 filing fee. WPLL ensures free access to a significant collection of current and accurate resources, specifically for the purpose of providing legal information. It is open to anyone in need of legal information for research and the practice of law in the community. WPLL has been a part of the Virginia Beach Public Library since 1971. The library is, as the name states, a Public Law Library. Our customers include citizens; employees in city and state agencies such as the City Attorney, Public Defender, Commonwealth's Attorney, Circuit Court; members of the legal profession; and students who are researching legal topics or studying legal writing and research as part of their certification or degree coursework. WPLL has evolved over the years from a small room near the Circuit Court Building in the early 1970's to the current location in the Court Support Building of the Judicial Center. The 5,000 square foot facility houses a collection of nearly 14,000 print volumes, and microform. The WPLL public computer lab features free Internet access for the public, legal research databases Lexis and Westlaw, and a microform reader printer. The WPLL staff consists of two full-time and two parttime employees. Request: The City requests the General Assembly to increase the filing fee to $5. With a $1 increase, all funding will go to support the Law Library. ** Using FY14/15 as an example, there were 66,250 civil filings and revenues totaled $265,000 ( @ $4 per fee). If the fee were $5, the revenues would have totaled $331,250.

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12. VOTING RIGHTS SPONSORED BY C ITY COUNCIL MEMBER, AMELIA N. ROSS-HAMMOND

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 nation and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Increased voter participation, on the other hand, 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 support legislation that removes barriers to voter participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote.

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SMALL BUSINESS IMPROVEMENTS SPONSORED BY C ITY COUNCIL MEMBER, B OB DYER

Background Information: House Bill 2347 was introduced in the 2015 General Assembly by Delegate Scott Taylor, but was not enacted. HB2347 makes several changes to procurement laws to enhance procurement opportunities for small businesses, microbusinesses, women-owned businesses, service disabled veteran-owned businesses, and minority-owned businesses with state and local public bodies. Changes include (i) adding a definition of microbusiness to mean a business certified by the Department of Small Business and Supplier Diversity as a small business with 25 or fewer employees and average annual revenue of $3 million or less. 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 City and the MBC have worked over the years to further programs and efforts to reduce barriers in City procurement to include: • • • • • •

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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, which includes a prequalification process.

Request: The City of Virginia Beach urges the General Assembly to adopt a small business improvement act, which would include defining micro businesses as well as removal of the prequalification process for waiving the bid bond for non-transportation projects between $100,000 and $500,000.

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UNIFORM DISPOSITION OF UNCLAIMED PROPERTY SPONSORED BY C ITY COUNCIL MEMBER, B OB DYER

Background Information: The current Virginia Code § 55-210 requires all organizations remit all unclaimed property to the state, regardless of the amount. In addition, due diligence must be performed to find the owner for unclaimed accounts in excess of $100. This process is time consuming and resource intensive for municipalities. The City of Virginia Beach spent over 250 hours researching and resolving unclaimed property in the last month. This is in addition to the time spent researching returned checks and uncashed checks during the year. Forty percent (40%) of the total number of unclaimed property accounts for the past year were under $10, but these under $10 accounts only represented three percent (3%) of the total account dollars.

Request: Modify Current legislation for local government entities so that localities are able to discontinue the labor intensive process of reporting on accounts valued at $10 or less.

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15. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES SPONSORED BY THE V IRGINIA B EACH C ITY COUNCIL

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. 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.

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16. SOLUTION TO COASTAL GREENHOUSE GAS INITIATIVE

FLOODING

REGIONAL

SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY

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 caused 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 New York 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 $200M in auction revenues through 2030 could be provided to Virginia. This could also help address the administration “Clean Power Plan”. Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2015 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, have cut pollution three times faster than non-RGGI states, and have had lower bills for power than other areas.

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17. THE VIRGINIA CENTER FOR HOSPITALITY EXCELLENCE SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R. JONES

Background Information: In November 2013, the City of Virginia Beach Development Authority issued a Request for Qualifications for the development of a hotel adjacent to Tidewater Community College. Princess Anne Hospitality comprised of MEB General Contractors and Gold Key/PHR responded and were interviewed by City representatives and subsequently selected for negotiation. The RFQ and associated market feasibility study concluded the subject site could support a +/- 100-room branded, limited service hotel. Subsequently the indications for the market were for an upper-midscale; select service, 120 room hotel. This “Beyond a Hotel” project between the City of Virginia Beach and Tidewater Community College would help to provide a workforce development opportunity to expand the support of the tourism industry. Basically, this would be a “teaching hotel” that would have dedicated Tidewater Community College academic space, as well as the usual amenities for a destination hotel. The developers have committed to a private financing package commensurate with a base hotel product. Tidewater Community College is very much supportive and is anticipated to enter into a capital or operating lease for portions of the project associated with academic space and student access. The City is committed to a contribution of land, infrastructure and other potential public benefit portions of the project. A difference between the cost of a customary hotel of this size and configuration and what is needed to create the “teaching hotel” is approximately $10M. Request: General Assembly is requested to provide a workforce development opportunity by funding the $10M difference between what a normal hotel would cost, and what this new “teaching hotel” concept would provide. Tidewater Community College would be a partner as well as the tourism industry in Virginia Beach generally. All aspects of operating a hotel from HVAC maintenance, to “best in class” in check –in studies would be provided. For instance: •

There will be a classroom located behind the check-in counter (monitored by cameras), and the students could learn the best practices for check-in in real time.

•

The restaurant that would be built as part of the hotel could partner with Tidewater Community College’s culinary facility in downtown Norfolk.

This facility could be used for students across the Commonwealth and help propel the tourism industry to the next level for the entire Commonwealth.

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18. FULL STATE FUNDING ATTORNEY’S OFFICE

FOR

THE

COMMONWEALTH

SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY

Background Information: The Commonwealth Attorney’s Office of Virginia Beach, as is common across the Commonwealth, is woefully underfunded. Our Commonwealth Attorney has identified the need for 177 additional attorneys and support staff to support the current workload. This workload has increased remarkably over the past ten years because of population growth, enhanced enforcement of various laws (i.e. driving under the influence which greatly reduces death and injury on the highways of the City and the Commonwealth), and many other needs. Also, the coming avalanche of work associated with police Body Cameras. The Body Cameras will produce a tremendous amount of body camera footage that needs to be reviewed both before and during trials by the Commonwealth Attorney’s Office. The states support for the Commonwealth Attorney has declined since 2013. This has created an increase in the need for City funding for a constitutionally mandated office. Request: The General Assembly is requested to fully fund the needs of the Commonwealth Attorneys Office’s across the Commonwealth. It is estimated by the Commonwealth’s Attorneys Association that $9,010,764 is needed. This will begin to bring the Commonwealth’s Attorney Offices up to the funding necessary to enforce the existing laws of the Commonwealth from arrest thru trial.

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19. USE OF OYSTER LEASES FOR NAVIGATION PROJECTS SPONSORED BY CITY COUNCIL MEMBERS, JAMES L. WOOD & JOHN E. UHRIN

Background Information: The City has numerous rivers and tributaries that require maintenance dredging. This includes both the main channels of the Eastern and Western branches of the Lynnhaven River and multiple navigation channels serving the multitude of neighborhoods of the fully developed watershed. Not only do these waterways provide access for homeowners to utilize their waterfront property, but these navigation channels support recreational boating for residents and visitors to the City in addition to serving water-dependent local businesses and watermen. Virtually all of the coves of the Lynnhaven were developed with navigation channels. With the support of General Assembly legislation, Special Service Districts (SSDs) are being created to formulate neighborhood navigation dredging projects to reclaim those navigation channels that have filled with silt, mud and sediment foreign to the Lynnhaven’s past. Restoring navigable channels for these waterfront neighborhoods is a critical goal for the City, and the Navigation SSD program provides a venue to accomplish this. The silt, mud and sediment that have inundated this body of water contribute to degradation of the water quality of the Lynnhaven, which is condemned or restricted to oyster production in many areas. As a result of contamination, most oyster leases are unproductive or have costly restrictions and compliance measures before a harvest can be brought to market. Restoring navigation channels is a part of the City’s effort to cleaning up the Lynnhaven River, but the widely popular SSD neighborhood navigation dredging program has been placed at risk due to 2014 legislation barring localities from exercising eminent domain to acquire portions of oyster leases of state-owned bottomlands, even if the purpose is navigational dredging. Due to guarantees made by the Commonwealth to the holders of oyster leases, consent from the oyster lease holder is required for any dredging permit issued by the Virginia Marine Resources Commission. The legal result of this requirement is that a single oyster lease holder with a nonproductive, vacant oyster bed in a condemned creek retains veto power over a navigation dredging project affecting hundreds of waterfront property owners and recreational boaters. The oyster leases cost $1.50 per acre/per year for a 10-year lease, and although there is a requirement that leases be worked for oyster production, there are generous exceptions for rivers like the Lynnhaven, where such production would not likely yield oysters. The proposed legislation is to promote a balance that allows the municipality and its property owners to maintain the navigation channels while providing fair treatment to active producing oyster lease holders. Request: The General Assembly is requested to amend the code of Virginia §28.2-618 § 28.2-618. Commonwealth guarantees rights of renter subject to right of fishing.

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The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the term of the lease, subject to: 1. Section 28.2-613; 2. Riparian rights; 3. The right of fishing in waters above the bottoms, provided (i) that no person exercising the right of fishing shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter's rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the seaside of Northampton and Accomack Counties; 4. Established fishing stands, but only if the fishing stand license fee is timely received from the existing licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a fishing stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licensee complies with all existing laws; and 5. In navigable waters that are located in the Lynnhaven River and its creeks and tributaries, the right of navigation, including dredging projects to improve, deepen or restore existing navigation channels in areas approved by the Virginia Marine Resources Commission, so long as the person dredging designs the project to minimize affecting active, producing beds and, to the extent any such beds cannot be avoided, the dredger pays the cost of relocating the oyster material that would be disturbed or pays the holder for any losses of oysters in production in an amount to be determined by the Commission. This change would allow the City to compensate for loss of use while allowing much needed projects to go forward. .