NOVEMBER 5, 2002 AGENDA City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR ROBERT C. MANDIGO, JR., Kempsville - District 2
MARGARET L. EURE, Centerville - District 1
LOUIS R JONES, BaysMe - Districl 4
REBA S. McCLANAN, Rose Hall - District 3
RJCHARD A. MADDOX, Beach - District 6
,HM REEI-'~, Princess Anne - District 7
PETER IK SCHMIDT, At-Large
RON A. PTLLANUEVA, At-Large
ROSEMARY WILSON, At-Large
.L&~.tES L. WOOD, Lynnhaven -Distrwt 5
JAMES K. SPORE, Ctty Manager
LESLIE L. LILLEY, City' Attorney
RUTH HODGES SMITH, MTffC, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINL4 BEACH. ~TRGINM 23456-8005
PHONE: (757J 427-4303
FAX (757) 426-5669
E MAlL:CO, cncl(~vbgov, com
November 5, 2002
I. CITY MANAGER'S BRIEFINGS
- Conference Room - 2:30 PM
THEATRE
Martha J. Sims, Director, Department of Libraries
MEMORANDUM OF UNDERSTANDING: Virginia Marine Science Museum Foundation
Lynn Clements, Director, Department of Museums and Cultural Arts
II. REVIEW OF AGENDA ITEMS
COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Sidney Davis
Saint James Missionary 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
MINUTES
1. INFORMAL AND FORMAL SESSIONS
October 29, 2002
G. AGENDA FOR FORMAL SESSION
PUBLIC HEARING
1. CAPITAL BUDGET AMENDMENT
Supplemental appropriation of $8.8-Million School Reversion Funds
PUBLIC 1NPUT
1. COMMUNITY LEGISLATIVE AGENDA
J. RESOLUTION/ORDINANCES
Resolution to ADOPT the City's 2003 Community Legislative Agenda and REQUEST
members of the City's local General Assembly delegation sponsor and/or support 2003
legislation that would carry out the goals and objectives set forth therein.
Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School
Reversion Funds:
a. $8.8-Million:
(1) $3,000,000
(2) $2,000,000
(3) $3,200,000
(4) $ 400,000
(5) $ 200,000
FY 2002-2003 School Capital Budget
Telecommunication Infrastructure
Replacement
Instructional Technology
Equipment and Vehicle Replacement
Student Data Management System
Landstown High School/Princess Anne
Road Pedestrian Bridge
$1,597,000:
(1) $1,400,000
(2) $ 197,000
Instructional Category
SOL Incentive Program
Athletic equipment
Ordinance to APPROPRIATE $80,000 from the fund balance of the General Fund to
provide an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance
replacement.
Ordinances to APPROPRIATE FY 2002-2003 funds to the Department of Museums
and Cultural Arts:
a. $112,500 Grant re educational programs
b. $ 31,000 Grant to the FY 2002-2003 re Stranding Program.
c. $ 18,000 from the Francis Land House Board of Governors Trust Fund re Board
supported programs.
Ordinance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for
Contingencies to the FY 2002 operating budget of the Department of Finance re
reimbursing the heirs of Melissa Jones.
Ko
APPOINTMENTS
PARKS AND RECREATION COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
11/05/02slb
,gov.com
November 5, 2002
CITY MANAGER'S BRIEFINGS
A. THEATRE
- Conference Room -
Bo
2:30 PM
Martha J. Sims, Director, Department of Libraries
MEMORANDUM OF UNDERSTANDING: Virginia Marine Science Museum Foundation
Lynn Clements, Director, Department of Museums and Cultural Arts
II. REVIEW OF AGENDA ITEMS
III. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION - Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Sidney Davis
Saint James Missionary 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
Fo
MINUTES
1. INFORMAL AND FORMAL SESSIONS
October 29, 2002
G. AGENDA FOR FORMAL SESSION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant
to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom
of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
PUBLIC HEARING
1. CAPITAL BUDGET AMENDMENT
Supplemental appropriation of $8.8-Million School Reversion Funds
PUBLIC INPUT
1. COMMUNITY LEGISLATWE AGENDA
NOTICE OF PUBLIC HEARING
Amendment to the FY 2002-03 Capital Budget:
Supplemental appropriation of $8,800,000 in
School Reversion Funds to School Capital Projects
On Tuesday, November 5,2002, the Council of the City of
Virginia Beach, Virginia, will hold a public hearing on a
proposed amendment to the FY 2002-2003 Capital
Budget. The amendment shall be for supplemental
appropriations of $8,800,000 in Virginia Beach School
Reversion Funds to the following School capital projects:
Equipment and Vehicle Replacements, Instructional
Technology, Special Education Module for the Student
Data Management System and Landstown High
School/Princess Anne Road Pedestrian Bridge. This is
consistent with the use designated by the City Council
and School Board in the approved FY 2002-2003 /FY
2007-2008 Capital Improvement Program. A copy of the
proposed ordinance that provides more details about
the amounts of the appropriation for each project is on
file in the City Clerk's Office.
The public hearing will be conducted at 6:00 p.m. in
Council Chamber on the second floor of the City Hall
Building, Municipal Center, Virginia Beach, Virginia.
Interested persons may appear at such time and place
to present their views. Individuals desiring to provide oral
or written comments may do so by contacting the City
Clerk's office at 427-4303. If you are physically disabled,
or hearing or visually impaired, and you need assistance
at this meeting, please call 427-4305 VoicefrDD.
4~th H°dges~mitt~, MMC
City Clerk
Note:
1.
Advertisement to appear in the Beacon on
Sunday, October 27, 2002.
$. RESOLUTION/ORDINANCES
Resolution to ADOPT the City's 2003 Community Legislative Agenda and REQUEST
members of the City's local General Assembly delegation sponsor and/or support 2003
legislation that would carry out the goals and objectives set forth therein.
Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School
Reversion Funds:
a. $8.8-Million:
FY 2002-2003 School Capital Budget
(1) $3,000,000
(2) $2,000,000
(3) $3,200,000
(4) $ 400,000
(5) $ 200,000
Telecommunication Infrastructure
Replacement
Instructional Technology
Equipment and Vehicle Replacement
Student Data Management System
Landstown High School/Princess Anne
Road Pedestrian Bridge
b. $1,597,000:
Instructional Category
(1) $1,400,000
(2) $ 197,000
SOL Incentive Program
Athletic equipment
o
Ordinance to APPROPRIATE $80,000 from the fund balance of the General Fund to
provide an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance
replacement.
Ordinances to APPROPRIATE FY 2002-2003 funds to the Department of Museums
and Cultural Arts:
a. $112,500 Grant re educational programs
b. $ 31,000 Grant to the FY 2002-2003 re Stranding Program.
$ 18,000 from the Francis Land House Board of Governors Trust Fund re Board
supported programs.
Ordinance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for
Contingencies to the FY 2002 operating budget of the Department of Finance re
reimbursing the heirs of Melissa Jones.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
A resolution adopting the City's 2003 Community Legislative Agenda and
requesting members of the City's local Delegation to the General
Assembly to sponsor and/or support legislation that would carry out the
goals and objectives set forth therein.
MEETING DATE: November 5, 2002
Background: City Council has a tradition of presenting a Community Legislative
Agenda to the General Assembly each year. This Agenda provides the Virginia
Beach Delegation with concerns of City Council on funding, enabling legislation, and
other issues that are brought before the next Session of the General Assembly.
Considerations: This agenda was prepared based on input from Councilmembers,
Department Directors, and community leaders and representatives of various citizen
groups.
Public Information: Councilmember Wilson and staff held two public comment sessions
with community leaders and representatives of various citizen groups to obtain items for
input. The Agenda is also available on the City's Web site for review.
Recommendations: It is recommended that City Council approve the attached
resolution which adopts the 2003 Community Legislative Agenda and requests 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
Recommended Action: Adoption
Submitting Department/Agency: James K. Spore, City Manager's Office
City Manager: ~ I~.
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A RESOLUTION ADOPTING THE CITY'S 2003
COMMUNITY LEGISLATIVE AGENDA AND
REQUESTING MEMBERS OF THE CITY'S LOCAL
DELEGATION TO THE GENERAL ASSEMBLY TO
SPONSOR AND/OR SUPPORT LEGISLATION THAT
WOULD CARRY OUT THE GOALS AND OBJECTIVES
SET FORTH THEREIN.
WHEREAS, City Council traditionally adopts a Conununity
Legislative Agenda with the goals and objectives of the City and
requests members of the City's local Delegation to the General
Assembly sponsor and/or support legislation to carry out these
goals and objectives; and
WHEREAS, City Council has considered a number of goals and
objectives for inclusion in the City's 2003 Community Legislative
Agenda; and
WHEREAS, for the first time in many years, a Charter Change
has been submitted for inclusion in the Agenda as stand-alone
measure made necessary by advertising requirements; and
WHEREAS, a greatly expanded Safety Addendum Package that is
not part of the formal Agenda, is included for consideration by the
General Assembly Delegation;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Council hereby adopts the City's 2003 Cormmunity
Legislative Agenda, which is attached hereto as Exhibit A, and is
hereby incorporated by reference; and
BE IT FURTHER RESOLVED:
That the City's local Delegation to the General Assembly are
hereby requested to sponsor and/or support legislation in the 2003
Session of the General Assembly that would carry out the goals and
objectives of the City as set forth in its Community Legislative
Agenda; and
BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to transmit a copy of
this Resolution to each member of the City's local Delegation to
the General Assembly.
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Adopted by the Council of the City of Virginia Beach,
Virginia, this day of , 2002.
CA-8679
wmm/ordres/CLA 2003.res
October 30, 2002
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APPROVED AS TO CONTENT:
~i~y Mana'ger's Office
APPROVED AS TO LEGAL
SUFFICIENCY:
Cit-y Agt-e rney '
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Appropriation of Virginia Beach Schools' Reversion Funds (FY 2002)
MEETING DATE: November 5, 2002
Background: According to Code Section 22.1-100, any unexpended funds from the Schools'
Operating Budget must be returned to the governing body. The Virginia Beach City Council has a long-
standing practice of appropriating the Schools' Reversion funds to the Schools' Capita and Operating
budgets for non-recurring items.
On September 11 2002, the School Board was presented with a summary financial statement indicating
a total of $18,290,278 of available unaudited reversion funds for fiscal year ending 2002. The Virginia
Beach School Board adopted by resolution on June 25 and October 1, the allocation of funds for the
projects identified below. This total funding is net of the $400,000 approved by City Council on July 9,
2002 to bridge the compensation package beginning July 1, 2002 for current teaching staff and
$7,493,278 that the Board requests to retain in the fund balance of the General Fund for ClP projects to
be determined at a later date.
Utilization of $8,800,000 is requested for appropriation to the FY 2002-03 ClP Program. The remaining
$1,597,000 is requested for one time cost associated with instructional materials for the SOL Incentive
Program and activities for the Special Revenue Athletic Fund.
$3,000,000
$2,OOO,OOO
$3,200,000
$1,400,000
$ 400,000
$ 2oo,ooo
- ClP #1.030, Telecommunication Infrastructure Replacement - telephones
- CIP #1.196, Instructional Technology
- ClP #1.011, Equipment and Vehicle Replacement -replacement of school buses,
feet vehicles, copiers and risographs, bus video cameras and custodial equipment
- SOL Incentive Funds (reappropriation to the OB -instructional materials)
- ClP# 1.195, Student Data Management System - Special Education Modules
- ClP# 1.023, Landstown High School/Princess Anne Road Pedestrian Bridge
$ 197,000 -Special Revenue Athletic Fund o equipment
$10,397,000 Total
Considerations:
The School Board has adopted by resolution the allocation of the above identified funds.
Public Information:
A Public Hearing Notice was placed in the Beacon on October 27, 2002. A Public Hearing will be held
on November 5, 2002 for the amendment to the FY2002-03 Capital Improvement Budget.
Alternatives:
None
Recommendations:
Approval of attached ordinance
Attachments:
Ordinance and copy of School Board Resolutions
Recommended Action: Approval of Ordinance
Submitting Department/Agency: City of Virginia Beach Public Schools
City Manager~~ ~ ~~
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AN ORDINANCE TO APPROPRIATE A TOTAL
OF $10,397,000 IN FY 2001-02
VIRGINIA BEACH SCHOOL REVERSION
FUNDS, WITH $8,800,000 APPROPRIATED
TO VARIOUS SCHOOL PROJECTS IN THE FY
2002-03 CAPITAL BUDGET AND
$1,597,000 APPROPRIATED TO THE
INSTRUCTIONAL CATEGORY IN THE SCHOOL
OPERATING FUND AND THE SCHOOL
ATHLETIC SPECIAL REVENUE FUND IN
THE FY 2002-03 OPERATING BUDGET
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WHEREAS, on September 11, 2002, the School Board was
presented with a summary financial statement indicating that
$18,290,278 in unexpended FY 2001-02 School Board appropriations is
available to be re-appropriated by the City Council;
WHEREAS, of this amount, $400,000 has been previously
appropriated by the City Council and $17,890,278 has not been
appropriated;
WHEREAS, by resolutions dated June 25 and October 1,
2002, the School Board formally requested the City Council to
approve the appropriation of $8,800,000 of school reversion funds
to the City's FY 2002-03 Capital Budget and $1,597,000 to the School
Operating Fund and the School Athletic Special Revenue Fund in the
FY 2002-03 Operating Budget for one
instructional materials for the SOL
equipment; and
time only costs for
Incentive Program and
WHEREAS, the School Board has requested that $7,493,278
remain in the General Fund for CIP projects that will be determined
at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1o That $8,800,000 of Virginia Beach Public School
Reversion funds from FY 2001-02 are hereby appropriated from the
fund balance of the General Fund to the FY 2002-03 Capital Budget
in the amounts and to the projects as set forth below:
(a) $3,000,000 to CIP
Infrastructure Replacement," for
equipment;
#1-030, "Telecommunication
replacement of telephone
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(b) $2,000,000 to CIP #1-196, "Instructional Technology,"
for the Instructional Technology Replacement Program;
(c) $3,200,000 to CIP #1-011, "Equipment and Vehicle
Replacement," for replacement of school buses, fleet vehicles,
copiers and risographs, bus video camera and custodial equipment;
(d) $400,000 to CIP #1-195, "Student Data Management
System," for implementation of the Special Education Modules for
SASI;
(e) $200,000 to CIP #1-023, "Landstown High
School/Princess Anne Road Pedestrian Bridge";
2. That $1,400,000 of Virginia Beach Public School
Reversion Funds from FY 2001-02 are hereby appropriated from the
fund balance of the General Fund to the instructional category of
the School Operating Fund in the FY 2002-03 Operating Budget for
instructional materials for the SOL Incentive Program.
3. That $197,000 of Virginia Beach Public School
Reversion Funds from FY 2001-02 are hereby appropriated from the
fund balance of the General Fund to the School Athletic Special
Revenue Fund in the FY 2002-03 Operating Budget for equipment.
4. That revenue in the FY 2002-03 Capital Budget is
hereby increased by $8,800,000, and revenue in the FY 2002-03
Operating Budget is increased by $1,597,000.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
Requires an affirmative vote by a majority of the members
of City Council.
CA-8676
Noncode/School Reversion Funds.ord.wpd
October 25, 2002
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Approved as to Content:
Approved as to Legal
Sufficiency:
City Attot~'r~ys O~ffice
RGINIA
BEACH C
SCHOOL BOARD
Danld D. Edward!
Chaimen
0tsldct I - Cen~l~
1513 a~
VA 8~, VA 2~64
4g~3~1 ~), 71?-0259
N-La~
1337 H~s Ro~
VA B~ VA 2~52
4s~3~3 (h). 4;ree~ (w)
B. K "N" ~l~h
41T8 ~
VA ~, ~A 2~57
721-3~2 ~)
Ob~ 8 - B~
721 HiI~D Road
VA Be~, VA
Nan~ D. Guy
~sl~ 5 - L~av~
2445 H~ham CI~
VA ~. VA 2~
4g~2~1 (h)
Dan R. L~
4817 R~ ~at
VA B~, VA 2~
4~3~1
~ Le~ P~ell,
2~ ~hgbam
VA Bea~, VA 2~
42T-91~2 (h)
705 R~ Creek
VA B~ VA
Michael W.
~ 3 - R~e Hal
105 B~
VA gea~ VA 2~52
Jell M.
Ob~ 2 - ~e~ile
4~ G~
VABea~ VA 2~62
~24~ (h)
~af T. Tara
At-~
17~ L~
VABea~, VA 2~55
A H E A D O F
RESOLUTION REGARII
WHEREAS, On January 19, 20(
review of the FY 00/01 Operating B~
01/02 appropriated funds were availa
WHEREAS, at the time of the m
ITY PUBLIC SCHOOLS
T H E C U R V E
ING FY 2001/02 ESTIMATED REVERSION
2, the Adminisla'ation presented to the School Board a mid-year
dget which indicated that approximately $10.7 million of FY
~le; and
id-year review no recommendation was made regarding the
uses of the FY 01/02 funds; and
I~VHEREAS, the final state reven~ae numbers have beea received and the Average Daily
Membership numbers reported to thelstate exceeded the estimates used for budgetary purposes; and
WHEREAS, revised revenue ant
reversion has increased to approxima
WHEREAS, final figures for FY
external audit, and
WHEREAS, the City is anticipat
policy the School Board must provi6
VVI-IEREAS~ the School Board's
be $2,900,000, and
WHEREAS, the administration ~
million be used .for the following puq
· $ 2,000,000 to Fund 099 for the ]
· $ 3,000,000 to CIP project 1.030
· $1,700,000 to CIP project 1.011
· $ 800,000 to C~ project 1.011
· $ 400,000 to CIP 1.195 for imf
· $ 200,000 to CIP 1.023 for the
Bridge
· $ 5,000,000 reserved for undesig
now, therefore, be it
RESOLVED: That the Board aI
funds as presented by the Administra
RESOLVED: That the adminisl
as soon as practicable, but no later th:
RESOLVED: That a copy ofthil
Adopted by the School Board
SEAL
L expenditure estimates as of May 31, 2002 indicate the
:ely $16.4 million, and
2001/02 will be available subsequent to completion of the
lng a shortfall in the Revenue Sharing Formula, and by City
~' 53.13% of any shortfall in these revenue streams, and
share of the anticipated shortfall as of May 2002 is estimated to
=commends the remaining anticipated reversion funds of $13.1
)OS es:
nstmctional Technology replacement program
for thc replacement of telephone equipment
for the replacement of school buses
for the replacement of other fleet vehicles
lementation of the Special Education Module for SASI
Landstown High School/Princess Anne Road Pedestrian
aated CIP projects
,proves and affirms the recommended uses of the FY 2001/02
ion; and be it further
"ation request these funds be appropriated by the City Council
n September 30, 2002, and be it further
resolution be spread across the official minutes of this Board.
of the City of Virginia Beach thiS:2:5~;
Do
2512 George Mason O~m
VABea~, VA 23456
427-4326 Dianne P. Alexander, Clerk of the Board
2512 George Mason Drive · P.O. Box 6038 · Virginia Beach, VA ~23456-0038
IRGINIA BEACH
CITY PUBLIC
SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D. Edwards
Chairman
Dislricl 1 - Cenlerville
1513 Beachvlew Ddve
VA Beech, VA 23464
495-3551 (h) · 717-0259 (cell)
Nell L. Rose
Vice Chairman
Al-Large
1337 Harris Road
VA Beach, VA 23452
463-3823 (h) · 497-6633 (w)
Jane S. Brooks
District 6- Beach
721 Hilltop Road
VA Beach, VA 23454
425-1597 (h)
Emma Lo "Em" Davis
Distdct 5 - Lynnhaven
1125 Michaeiwood Orive
VA Beach, VA 23452
340-8911 (h)
A. James "Jim" DeBellls
Disldct 2 - Kempsville
4545 Bob Jo~es Ortve
VA Beach, VA 23462
467-2457 (h)
Dan R. Lows
District 4 - Bsyslde
4617 Red Coat Road
VA Beach, VA 23455
490.3681 (h)
Sandrs Smith-Jones
At-Large
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498-4303(hl · 445-4637 (w)
Arthur T. Tato
At-Large
170g Ladysmlth Mews
VA Beach, VA 23455
460-5451 (h)
Caroly~ O. Weams
At-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
RESOLUTION REGARDING FY 2002 REVERSION FUNDS
WHEREAS, On September 11, 2002 the School Board was presented with a summary un-
audited financial statement for FY 2001/02 realizing an additional $4.8 million in reversion funds;
and
WHEREAS, the additional funds are the result of $3.1 million in additional revenue
and $1.7 million in expenditures savings; and
WHEREAS~ the Administration recommends the following uses for the $4.8 million in
reversion funds:
$2,493,278 to be allocated subsequent to recommendations of the Board CIP Ad Hoc
Committee
· $1,400,000 for SOL Incentive Funds to be re-appropriated to the rOperati_n_g_Budget
· $ 500,000 to CIP 1.011 Equipment and Vehicle Replacement for Copiers and Risog~aphs
· $ 197,000 to the Athletic Fund Special Revenue Fund
· $ 100,000 to CIP 1.011 for Bus Video Camera
· $ 100,000 to CIP 1.011 for replacement of Custodial Equipment
Now, therefore, be it
RESOLVED: That the Board approves the recommended uses of the additional FY
01/02reversion funds as presented by the Administration; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 1 st day of October 2002.
S E A L (t~an~eI D.-E~l~aards, Chairman -
Attest:
Dianne P. Alexander, Clerk of the Board
VA Beach, VA 234S6 CERTIFIED TO BE A TRUE - .:.
233-0891 (w) '
SUPERINTENDENT
VA Beach, VA 2~55 Ci~ of Virginia BeanE~~:;;~:::?·
School Admlnist~tion ~ullding * 25)2 George H~on Drive , ED. Box 6038 * Virginia Beach, VA 23456-0038
CITY OF VIRGINIA BEA CH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Appropriate $80,000 from the Fund Balance of the
General Fund for the Purpose of providing an interest-free loan to the
Kempsville Volunteer Rescue Squad for the Purpose of a Replacement
Ambulance
MEETING DATE: November 5, 2002
Background:
For nearly 30 years the City of Virginia Beach has financially assisted the volunteer rescue
squads through several different programs. In addition to providing support for continuing
expenses such as fuel, insurance and small monthly stipends to offset operating expenses,
the City has provided no interest loans for the purchase of ambulances and squad trucks.
The Kempsville Volunteer Rescue Squad is requesting a no interest loan in the amount of
$80,000.00 for the purpose of replacing ambulance Unit # 921. High maintenance costs and
decreased reliability have dictated their decision.
Considerations:
Kempsville Volunteer Rescue Squad would like to repay the loan over a 5 year period in equal
installments of $16,000.00 per year beginning one year after the receipt of the loan. Under
the loan program, the rescue squads repay the City on a regular timetable determined by the
amount of the loan and their ability to repay through fund raising.
Public Information:
Public Information will be handled through the normal Council agenda process.
Alternatives:
The alternative to the no-interest City loan is the squad's acquisition of a commercial loan at
a high interest rate.
Recommendations:
The Department of EMS fully supports this request. We deem the proposed terms acceptable
and in line with other loans made from the Loans to Rescue Squads Program.
Attachments:
Correspondence from Kempsville Volunteer Rescue Squad
Recommended Action: Approval
Submitting Department/A~ency: Department of Emergency Medical Services
City Manag "~.AData~ATY~Ordin\N O N COD E\kem~s~rf.w~d ~
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AN ORDINANCE TO APPROPRIATE $80,000
FROM THE FUND BALANCE OF THE GENERAL
FUND FOR THE PURPOSE OF PROVIDING
AN INTEREST-FREE LOAN TO THE
KEMPSVILLE VOLUNTEER RESCUE SQUAD
FOR THE PURCHASE OF A REPLACEMENT
AMBULANCE
WHEREAS, the Kempsville Volunteer Rescue Squad does not
presently have adequate funds to purchase a replacement ambulance
but has represented that fund-raising efforts will provide
sufficient funds to repay an $80,000 interest-free loan from the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $80,000 is hereby appropriated from fund balance in
the General Fund for the purpose of making an interest-free loan to
the Kempsville Volunteer Rescue Squad so it may replace an
ambulance, with revenue increased accordingly.
2. That this loan shall be repaid in five (5) equal annual
installments of $16,000 due on the 15th day of November each year,
with the first payment to be made on or before November 15, 2003
and the last payment to be made on or before November 15, 2007.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
Requires an affirmative vote by a majority of the members of
the City Council.
CA-8675
noncode/kempsville loan.ord.wpd
October 24, 2002
R2
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's p~fice '
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Accept and Appropriate a $112,500 Grant from the Institute of
Museum and Library Services to the Operating Budget of the Department of
Museums and Cultural Arts for Educational Programs
MEETING DATE: November 5, 2002
Background: The Virginia Marine Science Museum has been awarded a 2002 General
Operating Support grant from the Institute of Museum and Library Services (IMLS) in the
amount of $112,500 for the period of October 01,2002 to September 30, 2004. This IMLS
grant will allow the Department of Museums and Cultural Arts to improve our distance
education capabilities via the internet and new communications technologies, develop staff
skills through professional development and improve the museum visitor's experience by
additional staff training. It will also allow us to further our mission by developing partnerships
with local and national organizations.
Considerations: The IMLS grant spans two fiscal years.
Public Information: Information will be disseminated to the public through the normal
Council agenda process involving the advertisement of City Council agenda.
Alternatives: Do not accept the grant.
Recommendations: Adopt Ordinance
Attachments: Grant award letter and Ordinance.
Recommended Action: Appropriation of Grant Funds.
Submitting Department/Agency: Department of Museums And Cultural Arts
City Manage~v¥~,',s3 ~,
F:\Data~ATY~Ordin\NONCODE\museumsgrantarf.wpd
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $112,500 GRANT FROM
THE INSTITUTE OF MUSEUM AND LIBRARY
SERVICES TO THE FY 2002-2003
OPERATING BUDGET OF THE DEPARTMENT
OF MUSEUMS AND CULTURAL ARTS FOR
EDUCATIONAL PROGRAMS
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WHEREAS, the Department of Museums and Cultural Arts has been
awarded a $112,500 grant from the Institute of Museum and Library
Services for educational programs, and no City match is required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $112,500 of grant revenue from the Institute of Museum
and Library Services is hereby accepted and appropriated to the FY
2002-2003 operating budget of the Department of Museums and
Cultural Arts for educational programs, with estimated revenue from
the federal government increased accordingly.
Accepted by the Council of the City of Virginia Beach,
Virginia on the day of , 2002.
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CA-8672
Ordin/noncode/museumsgrantord. wpd
R-2
October 24, 2002
Approved as to Content:
Approved as to Legal
Sufficiency:
Department o~ Law ' TM
0c~-23-2002 O~:$$an ;rom-
T-131 P.005/005 F-376
Institute of Museum and Library Services
Offiolal Award Notification for Grants and Cooperative Agmement~
Award# Name end Addmee
Virginia Martne Science Museum
717 General Booth Bird
Virginia Beach, VA 23451
Offlolal Contact
Lynn Clements
7t 7 General Booth Blvd.
Virginia Beach, VA 23451
Program Name General Operating Support
Project Type
8cope of Work end/or 8peolel Conditions
Date of Award August 29, 2002
Award Number lG.00-02-0356-02
For Amendments, Original Award Date
Award Period
From October 01,2002
To September 30, 2004
Award Amount $112,500
1. This grant shell be mdmlneterad by the Project Director in accordance with the applicable provisions of T~le 45 of the
Code of Federal Regulations, Pert 1180, Including any amendments In effect on the date of this grant award. Special grant
tern~ end conditions ere Incorporated as attachments to this document.
2, Unlearn otherwise noted In an attachment lc) this Grant Award Notification, ell expenditures for which the recipient has
requeeteci pdor approval from IMLS on page, 6.11 of the General Operating Support Appllccatlon Grant Processing page
ere approved. Recipients requMfing pdor approval of expenditures not Identified on page 6.11 when such approval il
required, must do mo In writing to the IMLS, Associate Deputy Director for Museum Sarvlcae, 1100 Pennsylvania Avenue,
NW Washington, DC '20508.
3, Grant funds will be distributed in two equal payments. The first payment will be approximately Novekmber 1, 2002. The
lecond payment will be approximately Novermber 3, 2003.
IML$ Authorizing Offlelel i
Name and Title
Mary Estella Kennelly
Assor. Jate Deputy Director far Museum Servlce~
Oct-Z3-ZOOZ 03:54am From-
T-I3I P.004/005 F-376
INSTITUTE
0fMUSEUM
dn~ LIBRARY
SERVICES
September 24, 2002
M~. Lynn Cl~nents
Virginia Marine Science Museum
717 General Booth Bird
Virginia Beach, VA 23451
IG-00-02-03~6-02
Dear Ms. Clements;
It gives me gr~t pleasure to notify you that your application has been
selcctcd to receive a 2002 General Operating Support grant.
This year We received 839 applications requesting more than $70 million.
From those applications, 179 museums will receive funding totaling just
over $15,50:~,000. The museums selected for funding were identified by
reviewers to dcmonstrate excellence in muscum operations with the
resources available.
F. nclosed you will find a tetter from Mary Bstelle Kennelly, Associate
Deputy Director for Museum Services, providing details about the terms
and conditions of this award. Please review her letter and the enclosed
forms and materials carefully aud follow the instructions they contain.
I strongly encourage you to apply for our Learning Opportunities Grants
next year. This is an interim program we are offering for 2003 m we
complete the development of a new progr~n to replace GOS. in 2004. The
deadline ['or applications is J'anuary 15, 2003. This program provides you
a new funding opportunity to help meet your goals based on your own
long range plan. It is structured to keep flexible funding available to meet
the needs of museums of all sizes.
Congratulations on your success in this year's General Operating Support
program. I am delighted that the rn,titute of Museum and Library
Services is able to provide support for your institution.
Since'ely,
Robert S. lV~rtin, Ph.D.
Director
A Fttltral ~Kency retying the ,~ubli¢ by ~t. rtngrbening mxsesm; ~ librarlet
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Accept and Appropriate a $31,000 Grant from the Virginia
Department of Environmental Qualityto the FY 2002-2003 Operating Budget of the
Department of Museums and Cultural Arts for the Operation of a Stranding
Program
MEETING DATE: November 5, 2002
Background: The Department of Museums and Cultural Arts was awarded a Virginia
Coastal Resources Management Program Grant, from the National Oceanic and Atmospheric
Administration through the Virginia Department of Environmental Quality in the amount of
$31,000. The department will be required to match this award with $31,000 in indirect and in-
kind costs of personnel and equipment.
This grant will be used to maintain a statewide stranding response network including
a volunteer stranding response team and other cooperating organizations. Virginia Marine
Science Museum Stranding Team (VMSM-SP) staff, volunteers and cooperators respond to
more than 200 marine mammal and sea turtle strandings occurring along the ocean coast,
Eastern Shore and lower Chesapeake Bay each year. Stranding response includes carcass
recovery, external and internal examination with photographs and/or video, human interaction
analysis, stomach contents analysis, tissue sampling and dissemination, coordination of
carcass disposal, and database management.
Considerations: The Virginia Marine Science Museum Stranding Program is permitted by
the National Marine Fisheries Service (NMFS), US Fish and Wildlife Service and the State to
manage the marine mammal stranding network, as well as respond to sea turtle strandings
in Virginia. The VMSM-SP maintains the state marine mammal stranding database and
submits reports to National Marine Fisheries Services (NMFS) and other agencies. Sea turtle
stranding data is stored in the VMSM-SP database and submitted to the National Marine
Fisheries Service (NMFS) and the Virginia Institute of Marine Science (VIMS). Through these
ways, information regarding the status of marine mammals and sea turtles in Virginia is
presented to the agencies and individuals responsible for the conservation and management
of natural resources. The VMSM-SP is also dedicated to educating the public. Their
conservation message is presented at schools, to groups such as girl and boy scouts, to civic
organizations and at conferences and special events.
Public Information: Information will be disseminated to the public through the normal
Council process involving the advertisement of City Council agenda.
Alternatives: Do not accept grant.
Recommendations: Appropriate grant funds.
Attachments: Grant award letter and Ordinance.
Recommended Action: Appropriation of Grant Funds.
Submitting Department/,Agency: Department of Museums And Cultural Arts
City Manage~~;u~ ~_ ,,~ ~
~ F:\Data~ATY~OrdinWONCODEVn useumsevirqualarf, wpd
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $31,000 GRANT'FROM THE
VIRGINIA DEPARTMENT OF ENVIRONMENTAL
QUALITY TO THE FY 2002-2003
OPERATING BUDGET OF THE DEPARTMENT
OF MUSEUMS AND CgLTURAL ARTS FOR THE
OPERATION OF A STRANDING PROGRAM
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WHEREAS, the Department of Museums and Cultural Arts has been
awarded a $31,000 grant from the National Oceanic and Atmospheric
Administration through the Virginia Department of Environmental
Quality, and the grant has an in-kind match requirement, so no
additional appropriation or transfer is needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a $31,000 grant from the National Oceanic and Atmospheric
Administration through the Virginia Department of Environmental
Quality is hereby accepted and appropriated to the FY 2002-2003
operating budget of the Department of Museums and Cultural Arts for
the operation of a stranding program, with estimated revenue from
the federal government increased accordingly.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of , 2002.
CA-8673
Ordin/noncode/museums evirqualord, wpd
R-2
October 24, 2002
Approved as to Content:
Han-- ge rll
Approved as to Legal
Sufficiency:
Department ~Law '
Oct-Z3-ZOOt 03:54~m Fro~-
T-131 P.OOZ/O§5 F-3T6
W. Tmylo~ Murphy,
8~y of'N~urd
TO:
FROM:
RE:
COMMONWEALTH of VIRqlNIA
DEPART~rT OF ENYIR ON~NTdL ~, UdLITY
$~r~ addre,~: 629 East Main $~et, Richmond, Virginia 23219
~alliag add~: P.O. Box 1~9, Richmond, Virsinia 23240
~ (804) 698.4500 ~D (804) 698-4021
www,~aq.stA1e.v~.~
October 11, 2002
FY2002 Vlrgigla Coastal Program Grantees
Laura B.<~y?--/Virglnl, Coastal Program Manager
Phone: (804) 698-4323 Fax: (604) 698-4319
FY 2002 Coastal Program Award Notlfloatlon '
NOAA Grant # NA27OZ2366
Roben O, Bumley
DimctDr
(804)698-4000
1-800-592-~482
The Department of Environmental Quality has received approval for the 2002 Coastal
Zone Management Grant Award from the National Oceanic and Atmospheric
Administration (NOAA). 'We are pleased to.notify you that your proposal has been
approved for funding for the period shown on your enclosed contract. We look forward
to working with you In the coming year.
You will find ~e following in this contract package:
· Contract signature documents
· Contract Attachments A, B, C, D, & E '
· ~ Progress and Financial reporting forms - Reports on progress and
requests for financial reimbursement will be processed on a semiannual basis. If
another payment schedule is needed, please contact your Coastal Program Project
Manager. Please sea Attachment B to your oontract for details..
To fully exeoute your contract, please oomplete the following Steps:
1) Sign both odgina[s of the one page contract document marked with colored
tabs.. I have already signed the originals.
2) Sign the one page Attachment E ("Certifications regarding... ") This Is also
marked with a colored tab.
3) Return one of the original signed contracts and the original signed
Attachment E
Diane Barns - Coastal Program
Department of Environmental Quality
629 E. Main Street
Richmond, VA 23219
4) Keep the remaining signed contract with the attachments for your files.
Thank you for your dose attention to these details.
(Please see back.)
0ct-H-Z00Z 03:54am From- T-131 P.003/005 F-~?6
O~nW NA17OZ2385 Ta.k $1
VIRGINIA COASTAl, RESOURCES MANAGEMENT PROGRAM
GRxwr COSTRACT
Thil erreemmt is made tl~ I~f di~ 9f O~l;wr ~2, by mid betw~ lhe Virsiah Department of Environn~ntal
· Quslit7 (h~ei,,~r referred to as tJ~ "D~x~an~*) sad th~ Omnt~e (listed below). The parties to this esteemS, ia
comideratton of;he nmtu~l covenam and stipulations set out horeia, e~ee as follows:
SCOPE OF WORICJ The C~rantee aha11 carry out ;ho project as set forth in Attachment A.
PMrr, cr PElUOD: Tho project shill comm~n~ on tl~ Project Staff Date, nd shall Mrminate no hUr than
the Project Fad Date. Tho ~antoo's closeou~ period ends on tho Ft~ Pmd~ct m3d Billin~ DaM. l'~se d~tos L,e
specked below:
Project Sm't Date: O~tober 1. 2~02 Final Product ~d Billl~ Date: Net~mb#r 15, 2003
Pr. oJec~ ~.fld Date: Se~rmb~' $0,20~$ Period of performance (months): ~e~e
PAYMi:m: Tile Depaff2nmt shall pry the Cu-on~e o~ a' reimburlemen~ basis, not m exceed ~Jze Federal Funding Total
shown below fez b project The s,,td su~ M~eg~ wilh g~: n~:htn~ ttmds pmvidcd u set forth in At~clanent A;
shall include all expe~as of thc project Payme~ _~ll be made upon submi#ian of invoices and/or other eppropris2
docurnc~tatlon of proiram expendilm'es, and pretzels mpoi~ aug their eccep~lce by g~e Dep~mlenL ~uch invoices
and repor~ shall be submit~d withia l~ day~ of e~h reportin~ peri.od e:xl and ~ b~ detailed ia accordance wih~
Aiiachracnt A Io show what lasks have been completed ~d to compare the time of complelion with lhe proposed time
of completion.
Fede:al ~ Total: ~1,0~0 Federal CoasM1 Zone ~ Act Section: Settle# $~
REI'OaTING SCH~ULB (*-for Secffffm 306A projec~ only):
Reonrt ]~ Period
*30~A '
lit S~l-aunuel Oct 01, ~}~.-Mar 31, 20~
2nd Semi-annual Apr 01, 2003-Sep 3~ 2003
Closeout Period Oct 01, 2003-Nov IS, 2003
Nov 0J, 2002
Apr IS, 2OO3 '
Oet 15, 20~
~qo~ IS, 2002
3o6A Doeumen .t~ion
Form ~,'B
FmmA, B
Forms B, C, remelntn8 deliverables
C0~TV.~cr DocuMENTS: The Conuact dooun~nts droll consist of: 1) This siSMd form;
2) The Scope of Work (Attachmm A);
3) VA Couisl P.~o~ l~mgem~t Pm~am Or~ Connict Te~ms M~d Conditions (Attachm~at B);
4) U.S. Dept, ofCo~mrce Fiasncisl Asrlmn~e Sttmdtrd Terms sad Condilions (Atl~hmsnt C);
$) NOAA T~d tnd Conditions (Attm:hna~ D); ~
6) Si~d CD-$12: U,S, Dept of C~...~rce Certification (At~c~ B).
I~J~T~ENCE OV TmLMm In th~ ~vea~ of e cosfltot between or smonf mrmw in gte docummts included in thif c~am~, tho
followit~ d~cumenW c~tml in tho followin~ order: Aam~uuents D, C, 13, B, thi~ ~if~d ~, ted &ttsolunutt ,6..
~'antor: ~rantee:
14urn B. Mcl~y, Msaai~
Coastal bsources Msna~mnont ~o~ , ~
Dare
:L~nn ). ,C,l. ements~ Director
~p~d aame and title
I0 /~,,t/0~'''
Date
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Appropriate $18,000 From the Fund Balance of the Francis
Land House Board of Governors Trust Fund to the FY 2002-2003 Operating
Budget of the Department of Museums and Cultural Activities to Provide
Support for Board Supported Programs
MEETING DATE: November 5, 2002
Background:
The Francis Land House Board of Governors is a City Council appointed body that advises
the Francis Land House staff on mission, goals, policy, programs and exhibits. The Board of
Governors also supports the programs, exhibits and activities of the institution through
solicitations of cash donations from corporations, civic organizations and individuals, which are
maintained by the City of Virginia Beach in the Francis Land House Board of Governors Trust
Fund. There is a current balance of approximately $19,000 of unappropriated monies in the
Trust Fund.
Considerations:
The Francis Land House Board of Governors requests an appropriation of monies in the Trust
Fund for FY2002/2003 for the purpose of providing support for programs and events, obtaining
professional services for planning and development, and the purchase of furnishings and
artifacts for exhibit. Appropriated funds will be specifically used for supplies, materials, and
manpower to present special educational programs in school classrooms and for other Board
supported programs ($3,000); to contract for professional services for planning and
development projects ($8,000); and to purchase furnishings and historically appropriate
artifacts for public exhibit ($7,000).
Public Information: Information will be disseminated to the public through the normal
Council process involving the advertisement of City Council agenda.
Alternatives: Not appropriate funds.
Recommendations: Adoption of attached ordinance
Attachments: Ordinance
Recommended Action: Adoption
Submitting Department//~g.ency: Department of Museums and Cultural Activities
City Manager~~P~h0 [~---, ~~V)~
tkJ F:\Data~,TY~Ordin\NONCODE\flboardarf.w pd
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AN ORDINANCE TO APPROPRIATE $18,000
FROM THE FUND BALANCE OF THE FRANCIS
LAND HOUSE BOARD OF GOVERNORS TRUST
FUND TO THE FY 2002-2003 OPERATING
BUDGET OF THE DEPARTMENT OF MUSEUMS
AND CULTURAL ARTS TO FUND VARIOUS
PROGRAMS
WHEREAS, $18,000 of fund balance is available in the Francis
Land House Board of Governors Trust Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $18,000 is hereby appropriated from the fund balance of
the Francis Land House Board of Governors Trust Fund to the FY
2002-2003 operating budget of the Department of Museums and
Cultural Arts to provide support for educational programs,
development activities and exhibits, with estimated revenues
increased accordingly.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the day of , 2002.
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CA-8674
Ordin/noncode/flboardord. wpd
R-2
October 24, 2002
Approved as to Content:
Management Servi'~
Approved as to Legal
Sufficiency:
~e~partment of
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Transfer $13,593 from the FY 2002 General Fund Reserve for
Contingencies to the FY 2002 Operating Budget of the Department of Finance
for the Purpose of Reimbursing the Heirs of Melissa Jones
MEETING DATE: November 5, 2002
Background:
The proposed ordinance refunds money unclaimed after land was sold to pay
delinquent real estate taxes. After two parcels of real property were sold in 1994 and 1995,
the heirs of Melissa Jones were entitled to, but never claimed, $10,679.32 in sale
proceeds.
After going unclaimed for two years, Virginia Code § 58.1-3967 provides that
unclaimed funds from property tax sales be paid into the local treasury. In this case, these
funds were paid to the City Treasurer in late 1997. The family did not appear or make any
claim to these funds until the summer of 2002.
Considerations:
Virginia law provides that the City Council may, by ordinance, refund unclaimed
funds from the sale of property for taxes to the persons entitled to them. The family of
Melissa Jones has now filed a list of heirs with the Circuit Court Clerk demonstrating their
entitlement to these funds, and they have signed an agreement with the City governing
terms of the proposed refund. The proposed ordinance refunds the entire amount
originally due to the family, with interest.
Recommendation:
Approval
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: City Attorney's Office
City Manager~d¥,~Z~ ~_`. ~~
'~,,_)F:\Data~ATY~Ordin\N ON CO D E\Melissa Jones.refund.arf.wpd
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AN ORDINANCE TO TRANSFER $13,593 FROM THE FY
2002 GENERAL FUND RESERVE FOR CONTINGENCIES TO
THE FY 2002 OPERATING BUDGET OF THE DEPARTMENT
OF FINANCE FOR THE PURPOSE OF REIMBURSING THE
HEIRS OF MELISSA JONES
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WHEREAS, in the matters of City of Virginia Beach v.
Melissa Jones, et al, CH93-2143 and CH94-745, real estate in which
Melissa Jones, deceased, possessed a half interest was sold,
pursuant to a court order, to satisfy delinquent real estate taxes;
WHEREAS, after the sales and payment of the taxes, ten
thousand, six hundred seventy nine dollars and thirty two cents
($10,679.32) in proceeds from the sales ("surplus funds") were paid
into the Circuit Court of the City of Virginia Beach in 1995 for
the benefit of Melissa Jones or her heirs;
WHEREAS, no heirs of Melissa Jones appeared to claim
these surplus funds, and after remaining unclaimed for over two
years, the surplus funds, along with interest thereon, were paid
into the City treasury, pursuant to court orders;
WHEREAS, the heirs have now appeared, presented a list of
heirs filed with the Clerk of the Circuit Court and requested
payment of these surplus funds;
WHEREAS, with the addition of interest, the total amount
of surplus funds has grown to thirteen thousand, five hundred and
ninety three dollars ($13,593);
WHEREAS, the heirs have agreed that the payment of this
amount, in equal portions to each heir, shall fully satisfy their
claim to the surplus funds, and the heirs have further agreed to
indemnify the City of Virginia Beach and hold it harmless against
any claim to these surplus funds made by any heir, any unknown heir
or any other person with any interest in the estate of Melissa
Jones; and
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WHEREAS, to repay the surplus funds to the heirs, City
Council must approve this action, pursuant to Virginia Code § 58.1-
3967, and funds must be transferred from the FY 2002 General Fund
Reserve for Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the City Council hereby authorizes the repayment
of thirteen thousand, five hundred ninety three dollars
($13,593.00) to the heirs of Melissa Jones, which represents
surplus funds (with interest thereon} received by the City of
Virginia Beach in the matters of City of Virginia Beach v. Melissa
Jones, et al, CH93-2143 and CH94-745, subject to the terms of the
agreement between the City and the heirs.
2. That $13,593 is hereby transferred from the FY 2002
General Fund Reserve for Contingencies to the FY 2002 operating
budget of the Department of Finance to repay the heirs of Melissa
Jones the surplus funds described in the preceding paragraph.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this day of , 2002.
CA-8641
DATA/ORDIN/NONCODE/surplusreimburse.ord
R4
October 30, 2002
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
APPOINTMENTS
PARKS AND RECREATION COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT