FEBRUARY 4, 2003 MINUTESCITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4
HARRY E DIEZEL, Kempsvtlle -Dtstrtct 2
MARGARET L EURE, Centervtlle -Dtstrtct 1
REBA S McCLANAN, Rose Hall -Dtstrtct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Prtncess Anne -Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA At-Large
ROSEMARY WILSON At-Large
JAMES L WOOD, Lynnhaven -Dtstrtct 5
JAMES K SPORE Ctty Manager
LESLIE L LILLEK Ctt~ Attorney
RUTH HODGES SMITH, MMC, Ctty Clerk
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
February 4, 2003
CITT HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, kTRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
I CITY MANAGER'S BRIEFINGS
- Conference Room - 2:30 PM
II.
A,
FY 03-04 BUDGET STATUS
Catheryn Whltesell, Director of Management Services
B
TRANSITION AREA FINANCIAL ANALYSIS
Robert Scott, Director of Planning
REVIEW OF AGENDA ITEMS
III COUNCIL LIAISON REPORTS
IV CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room- 5:00 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 Samuel D Bmler
Tnmty Tabernacle Church
C PLEDGE OF ALLEGIANCF TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E CERTIFICATION OF CLOSED SESSION
F
MINUTES
INFORMAL AND FORMAL SESSIONS
January28,2002
G AGENDA FOR FORMAL SESSION
H
MAYOR'S PRESENTATION
UNITED STATES COAST GUARD PATRIOTIC EMPLOYER AWARD
a Sheriff Paul J Lantetgne
I ORDINANCES/RESOLUTION
Ordinances to ESTABLISH a capital proJect for the Pohce Trmmng Facd~ty site select~on
and design, APPROPRIATE $80,000 from the DEA Shared Assets fund, and,
TRANSFER $520 000 from the Replacements cap~lal improvement project (C[P)
DEFERRED
January7,2003
2
Ordinance to APPROVE provision of $100,000 in Economic Development Investment
Program (EDIP) lunds to Hampton Unlverslty by %rglma Beach Development Authority re
location at Town Center
3
Ordinance to APPROPRIATE $7,493 278 from FY 2001-02 School/Reversion
Funds to FY 2002-03 capital budget and TRANSFER $507,500 re various school projects
and to establish one new capital improvement project (CIP) the following projects
a $3,986,000 Bays~de Middle School re twenty classroom addition
b $2 300,000 Site acquisitions for elementaD and middle schools
c $500,000 Arrowhead Elementary School replacement
d $707,278
School Bus faclhty renovation/expansion re placement of garage
facdlUes
e $375,000 Kempsvflle Elementary School Modermzat~on
f $100,000 Mahbu Elementary School Modermzat~on
g $32,500 Comprehensive Modermzat~on Study-Phase Il
Ordinance to AUTHORIZE $1,240,000 from Information Technology Internal Service Fund
re upgrade and replacement of services and equipment
Resolution ESTABLISHING Vlrgnma Beach Performing Arts Theatre Advisory Committee
6
Resolution requesting the Vlrglma Board of Game and Inland Fisheries AUTHORIZE the
City to pammpate m the late special muzzleloadmg season for the hunting of deer or to
extend the regular deer hunting season
7
Resolution RFCE1V1NG report of Transition Area Technical Advisory Committee
(TATAC) and noting the Pubhc Comments on January 14 2003
J PLANNING
Apphcattons of HARBOUR DEVELOPMENT CORPORATION, L L C
Landing and West Neck Roads, containing 65 1 acres, subject to
(DISTRICT 7 - PRINCESS ANNE)
at North
a
b
Change ofZomng Dtstrlct Class{ficat~on from AG-1 and AG-2 Agricultural to
Conditional R-30 Res~dentml re single family lots no less than 30,000 sq ft
Con&tlonal Use Permit re Open Space
Variance Appeal re certain elements ot the Subdivision Ordinance, Sectton 4 4(b),
that requires all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) and reduce required street w~dth
Deferred
Plarmlng Recommendation
July 9, August 13, October 8, 2002,
January 14, 2003
INDEFINITE DEFERRAL
K
APPOINTMENT
PERSONNEL BOARD
L
M
N
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
If you are physically disabled or visually Impmred
and need asststance at th~s meeting
please call the CITY CLERK S OFFICE at ,t.274303
Hearing impaired call TDD only 427--4305
(TDD Telephomc Dewce for the Deaf)
Agenda02/04/03/blb
ww~ ~bgov eom
MINUTES
VIRGINIA BEACH CITY COUNCIL
Vlrg~ma Beach, V~rgmla
4February2003
Mayor Meyera E Oberndorf called to order the CITY M~4N.4GER'S BRIEFING re FY 03-04 BUDGET
ST.4 TUS tn the City Councd Conference Room Ctty Hall Bud&ng on Tt~esday February 4 2003 at 2 30
PM
Counctl Members Present
Harry E Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba
S McClanan Rtchard A Maddor Mayor Meyera E Obe~ ndorf Jtm
Recve Peter W Schmtdt Ron A Vdlanueva Rosemary Wdson and
James L Wood
Counctl Members ,4bsent
None
-2-
CI T Y M.4 NA GER 'S BRIEFING
FY 03-04 BUDGET ST.4 TUS
2 30PM
ITEM # 50700
Catheryn Whltesell Director of Management Services briefed City Council relative the status of the FY
2003-04 Resource Management Plan Ms Whttesell advised tht~ ts a prehmtnary brteJ~ng The City
Manager Management Ltadership Team Management Services and the Department Directors are all
work,ti &hgently to identify prtortaes and central ser~ lce~ tn order to propose the best possible balanced
budget on .4prd First
Resource Management Plan (ILIIP) Process
Begins with a proJection of departmental funding needs to determine
Targets
.4nnuahzes costs
Ehmtnates one time 6osts
Provides for known conlract Increases
ProJects revenues based on extstlng rates and pohctes
For FY 2003-04 Target Level funding was only 96% of projected
departmental needs
Management Services Review
Ensures compliance with Guidehnes
Ensures cost cotnponents are reasonable
CIP requests are reviewed for consistency with the prevtously adopted
six year plan scope changes and cost addtatments
Beyond target level funding items and requests for new or expanded
programs are provided to the Budget Caucus for review and
prtorltlZalton
Caucus recommendations are presented lo the Management
Leadership Team for review
Proposed Resources Management Plan presented to City Council for
consideration
Public input tnlo the process
Year around input through various Commumty Meetings
Public tteartngs during regular Council Meetings
Two formal Public Hearings on the budget
Adoption of the Resourte Management Plan by City Council tn May
Februar~ 4 2003
CITY MAN,4 GER 'S BRIEFING
FY 03-04 BUDGET STATUS
ITEM # 50700 (Continued)
Ms W'httesell &splayed a graph depicting the estimated needs for the departments and amount of funding
provided through the Targets The graph indicates the City is approximately $31 6-MILLION short tn
providing departments the needed funding to maintain current services Efficiencies have to make up the
difference if current services are to be maintained If the department cannot offset this drop tn buying
power then there may be a service dehvery impact ~ he Police Department was chosen as an erample and
resulted tn approxtmately a $1-MILLlON reductton tn tts "buytng power each year for a lotal of $5 4-
MILLION tn reduction over the flve years of the graph The Budget Caucus l* composed of the City's
Strategic Issue teams organized around the City s business areas and responsible for when ~ trategtc issues
should move ~nto an operational framework momtor the ~uccess of the effort and ~denttfy new issues
projects and programs to be addressed in moving toward the Cay Council s vision These teams evaluate
and prioritize the unfunded current services and new programs for impact on the City *trategy and will
provtdetheManagerandtheManagementLeadership Teamwtthre~ommendatlonsforfunding Throughout
this process the Budget Caucus maintains the goals of fiscal sustainabtltt3~ ef~cient and e.[fectlve
government and the City C ouncil s priorities Last year eight hundred fifty (850) copies of the Resource
Management Plan CD were distributed to ctttzens Citizens can also view the Plan at any area library on
the public computers The Operating Budget and Capital Improvement Program (CIP) are also placed
directly on the Internet Paper copies are also available in each Library An Executive Summarv
highlighting the issues is reflected tn both the Capital Improvement Program and the Operating Budget A
two-page newspaper insert ts also placed ln The Virginian Pilot LegallF bv May Ftfteenth the Cto Council
must adopt the l~trglnla Beach Schools portion of the Budget and approve the Resource Matiagement Plan
One of the key components ts the determination of revenue Ms }f/hitesell displayed a graph entitled
RevenueForecasttngMargtnofErrorFY1998throughFY2002" Todettrminetherevenueprojecttons
for the upcomingyear the CIt5 commences in August as soon as theprevtous year s actuals a~ e available
The Ctt. V ts ~enerall. v within the lndustr~ ~ standard 0,/'2% margin o~f error
Revenue Picture - Total Growth tn General Fund Revenues
Revenues Budgeted FY 2002 2003 Budget FY 2003-04 as of 02/04/03
Property Taxes and other local Revenues $ 595 373 052 $ 643 909 897
Per,nits Privilege Fee~ 4 316 738 4 141 976
Fines and Forfeitures 4 143 097 4 363 289
Use of Money and Property 5 796 388 ~ 212 239
Charges~r Services 4 930 247 4 875 443
Miscellaneous I 089 546 I 060 247
State Fun&ng 53 359 320 52 262 009
Federal Funding 16 721 040 18 112 678
Transfers 5 050 083 5 076 111
Total Revenues $ 690 779 5l 1 $ 739 013 891
TOT~iL GROI~TH $ 48 234 380
February4 2003
-4-
CITY MANAGER'S BRIEFING
FY 03-04 BUDGET STATUS
ITEM # 50700 (Continued)
REVENUE
Forecasting Revenues
Quahtattve Research
Departmental Revenue Trends Evaluation of Current Economic
Situation National Economic Forecast~ Local and National
Trends Federal and State Fiscal situation and the ~elattonshlp
between revenues and other variables
Quanntattve Analysts Tools
Experience and dudgment
Real Estate Taxe~ Projected growth of 7 3% best total growth smct F~ 1988-89
g~owth t~ du~ to a strong real estate market
Personal Property Taxes Ptojected g~owth of 4 8% dtfficuh to forecast due to changing
market forces
General Sales I ar ProJected g~ owth of 3 9%
Utdtty Taxes Projected growth of 2 0%
Cell Phone Taxes Projected Gro',vth of 5 7%
Changing technology spurs rapid growth
Business Professional Occupanc) License Tax Projected grov~th of 5 1%
Franchise Tax Projected growth of 4 7% loss of revenue from Cox Internet
%rvlces slowmg gto.th due to changing customer base
Hotel Taxes Projected growth of 4 4%
Growth tn Re~ enue t* due to increased room rates and increased
occupancy rates
Restaurant Meal Tax ProJected growth of 4 2%
State Re* enues ProJected to deo eaa e b) 2 / %
Road maintenance and State public assistance grants are ~ till
tnct easing
Federal Rex enucs Projected Growth of l 0 [% gto**th attributed to mcrease social
~rogt am usage
The City~Schools Re* enue Sharing Formula pohcy revenues are
expected to grow 7 5%
The Total growth of City revenues ts expected to grow 6 7%
Programmed Tax Increase for FY 2003 04 E 911 Tax Increase to support Public Safety Radio S)stems
Febr~tary 4 2003
CITY MA NA GER 'S BRIEFING
FY 03-04 BUDGET STATUS
ITEM # 50700 (Contmued)
Approprmtlon$
Revenue Growth v Expenditure Commitments for FY -2003-04
Revenue Growth $ 48 234 380
Less Cto /SchooI Revenm Sharlng Fotmula ($ 20307603)
Less Compensation ($ 14 000 000)
Le~s Debt Service ($ 3 651 993)
Less CIP Pm As You-Go (Includes EDIP/Ctgarette Tax) ($ 2 509 083)
Less TGIF/tap and Open Space/Major projects ($ 2 413 9839
Less Economic Development Infrastructure CIP ($ I 242 525)
Le~ Pubhc Safety ClP ($ 6 ~0 872)
Le~s Addatonal Fire Fighters ($ 480 000)
Le~s New Factltnes ($ I 485/27)
Le*z AddtttonaI Pohce Ofl~cers ($ I 173 748)
Rematnmgfrom Revenue Growth $ 739 846
Based on current revenue estimates and known cotnmttments the Operaltng Budget request will have to be
reduced by $16 5-MILLION The Five Year Forecast tn Novemberprojected the City Shortfall would equal
$13-MILLIONfor the General Fund The mcrea*e refle6ts the request for additional General Fund support
for programs such as Mental Health, the Sheriff's office, Virginia Marine Science Museum and the
Comprehensive Services Act If Ibc City cannot find a wa), to mitigate thc anticipated co,ts tn current
services or commitments 198 78 Full Time Employees (FTE's) will have to be transtttoned However the
"No Layoff Pohcy will be maintained Fhls status will change by April First The Ctty tv struggling with
a service dehvery tssue some of which may affectpubhc safety agencies Ms Whttesell cited examples of
potential current service concerns re potential eliminations
P ire Staffing
Police Swotn Officers
Animal Control Officers
Mental Health Ser~ lce6
Bookmobile
CI0, Trea*urer
( ommts~toner of the Revenue
Clerk of the Ctrcult Cotlrt
Sheriff
Commonwealth s Attorney
Comprehensive Services Act
C lo Real Estate ,~ssesso~
?outh Intervention Team
~hesapeake Bay Preservation ~ct
Yard Deb~ 16 Program
Weekend Mosquao Control
$1 438 305
$ 153 278
FTE s
24
68
2
12 85
375
3
4 89
13
4
2
7 88
3
February4 2003
-6-
CITY M /I N ~I G E R 'S BRIEFING
FY 03-04 BUDGET ST,4 TUS
ITEM # 50700 (Continued)
Capital Improvement Program
Funding Concerns are focused prtmardv tn two areas
Schools proposed Capital Improvement Program ts $3 31-
MILLION over the 6-year Target .4mount
Proposed Rehabthtatton and Renewal of Municipal buddings
ts $6 8-MILLION over the 6-year Target ,4mount
In addition to the accelerated modermzatton schedule the School system Is considering a twenty (20)-room
classroom addition for Bavstde Middle School a new Elementary School n~at the existing B F ~Vtlltam~
Elementary School a new 41ternattve Educatton factht5 and a teplacement of the School Plant and Supply
Facility The School system has not formally adopted the proposal 17tere ts a great deal of review public
comment and discussion prtor to this adoption The City~School Modernization Committee, compttsed of
Council Members Margaret L Eare Ron A Vlllanueva and School Board Members Datl R Lowe and
At thur T Tare will be meetmg Febrttary 26 2003 to &scuss the modernization proposal
ShortfaIl~ are a problem nationally Some of the cities have turned to creative solutions to generate
additional revenues or reduce costs The Mayor of York Pennsylvania has requested re~idents to donate
$3 32 each to help o*ert cuts tn Police attd Re~cue Set'vices $85 000 tn donaltons has been received The
ctty of Vale Colorado Is selltng cast iron replicas of its 24" manhole covers ott e Bay for $295 O0 More than
100 rural achool dtstrtcls now operate four (4) days per week as opposed to five (5) dats per week in
Arizona Colorado Kansa~ Louisiana Michigan New Mexico Oregon South Dakota ~Vlscon$in and
}Vyomtng Seattle Ifashtngton is closing tis libraries for t~o (2) weeks itt a drive to save $1 ~ MILLION
Concerns for FY 2004-05
~'lnttctpated Changes tn Revenue
Slow down tn Real Estate Tax Growth
~4nttctpated Changes tn Expenditures
Possible $3-MILLlON rate increase in VRS
$2 MILLION Reinstatement of Life Insurance Premiums
$6-M1LLION Increase tn Debt Service
The l~lrgtnta Beach School Board will be adopting their Operating Budget on March Fourth Ms Whttesell
referenced the City s schedule
February 4 2003
-7
CITY MANAGER'S BRIEFING
FY 05-04 BUDGET STA TUS
ITEM # 50700 (Conanued)
Resource Management Process Schedule
April I 2003 Presentation to City Council of FY 2003-04 Proposed Resource
Management Schedule
April 8 2003 Economic gitaht~ and Cultural and Recreational Opportumttes RMP
Workshop
Aprtl l 5 2003 Quahty Eduratton and Ltfelong Learmng RMP Workshop
Aprd 17 2003 Pubhc Hearing concernmg the proposed FY 2003-04 RMP Workshop
Aprd 22 2003 Quahty Orgamzatton RMP Workshop
April 24 2003 Safe Community RMP Workshop
April 29 2003 Pubhc Heat tng Proposed FY 2003-04 Resort Management Plan
April 29 2003 Quahty Physical Environment PuPlP Workshop
May 1 2003 Family and ~outh opportumt~es RMP Workshop
May 6 2003 Reconcthatton Workshop
I May 13 2003 City Councd ADOPTION FY 2003-04 Resort Management Plan
Relative concern regarding Pas~ over Easter and Spring Break alternative dates for the Pubhc Hearing on
April 17 2003 as well as workshops shah be provided These dates have not been advertised
Relative the reduction oJ 198 78 Full Time Employees without layoffs Ms Whttesell advised this would
be accotnpltshed through attrition There are vacant positions occurring on a dady basts Personnel may
be transtttoned from one department to another The City has approxmtately 6 000 employees In the 1991-
1992 Recession, 575 positions were ehmtnated without laying off one employee The Crt) ptovtdes
approximately $ 760 000 to the Clerk of the Circuit Court to maintain their servlce~ be)ond what the State
will provide The City provides multiple dollars be)ond what ts required by law to the Constitutional
o~cers Currently the revenue provtded by the Clerk of the Circuit Court t~ $1 I MILLION This ~evenue
is not dedicated to support of the Circuit Court s operations Currently tht3 t~ tn the General Fund to be
expended to maintain clt~-wtde services The City Manager advised the General Assembly will not adopt
their budget for another two weeks Before th6 presentation of the City s Resource Management Plan all
changes oJ the State should be reflected The staff ts momtortng the deplolment level }vhtch has not)et
reached the proporttons of Desert Storm In 1991-1992 the Cttv saw an overbuilt houstng market with the
hous tng apprectalton dechmng lo negattve ranges Thts sttuatton doe~ not ertst today Ms Wh tteseH advtsed
the staff routinely reexamtnes programs such as the Agricultural Reserve Program the Sandbrtdge Special
Tax Dtstrtcl to make sure the revenue received t~ enough to cover the program and ts not ovel the costs of
the program Information relative the twenty-sm (26) revenue streams shah be provtded
February4 2003
-8
CITY MANAGER'S BRIEFING
TIL4NSITION AREA FINANCIAL elN/IL YSlS
3 30PM
ITEM # 50701
Mr Robert Scott D:rector of Planmng dtstrtbuted cop), ora memorandum from Deputy CttF Attorney
Wdltam M Macalt Robert Scott -Dtrector of Planntng and Catheryn R Whtt esell Dtrector of Management
Sermces Thts memorandum responded to questmm posed regardtng the Transttton Area Satd memorandum
ts hereby made apart of the record
Mr Scott responded to the que*tton Isn t reqmrtng $400 000+ houses exclustonary zomng? So long
a~ the Ctty Councd dudgea each apphcatton seektng mcreased denstty on the basts of all of tts relevant
factors and not just on the qualtty of houses there ts nothmg wrong wtth constdertng the fiscal tmpact of
a parttcular development tn maktng a dectston The Ctty cannot requtre housea to be of any parttcular
qualtty The qualtty ofhouses contetnplated for the Transltton Area dertved from proffered r ondtttons offered
by the appltcant for a rezonmg and proffers must be voluntary In each apphcalton comtng befot e tt the
Cttv Councd wdl have the opportunttv to dectde whether or not to allow development at an tncrea~ed
densttv In dotng ~o tt may and should constdet many other factors bestde lhe qualtty of houses The same
maxtmum allo~cable denstty of development contemplated by the TA TAC report a* well as the ~ oncept of
fi~cal neutraht) has been contemplated by the Comprehenstve Plan for a number of y~at s The present
zonmg (A G-1 and A G- 2 Agrtcultural) of most of the property tn the Transmon Area allows only one dwelhng
untt per l S acres of land and there ts ah eady a consMerable amount of affordable houstng m the Ctty and
the Transttton Area ttself Tht~ fact bears agatnst any clatm the CttF s Transttton Area pohctes are
exclustonary
Growth tn the Transttton Area adl pay tts own way even ustng conservaltve revenue assurnpttons and ustng
the worst case scenarto for Capttal ltnprovement Program tnfrastructure needs The analysts was
conservattve tn tt~ approach Jhe 1991 and 1997 Comprehenstve Plan allowed the opportumty for 3 000
more homes tn the Transttton Area The Tel TelC ts not recommendtng any measures that would mcrease
denstty or tnfrastructure costs already encompassed tn the Plan
Ms Whttesell refirenced the concepts underhnmg the development of the Transttton Area
Concurrency Infrastructure wdl be tn place or under construclton
wtthtn so: (6)years of the last homc bemg constructed
Ftscal Responstbthty Development tn the area wdl pa~ tts
proporltonate share of tnfrastructure and operattng cost~
Home Constructton 250 homes tn FY 2004 250 tn FY 2005 200 tn
FY 2006 2007 and 2008 and approxtmately 175 each ¥~ ar hereafter
through 2020
The first $230,000 of each home's value (based on the average for
new home constructton cttywMe) wdl go to the cay and schoolz to
suppo~ t ~ ttyw~de programming and infrastructure
Ctty/School Revenue Shanng Pohcy Thts wdl allocate 53 13%of the
real estate taxes generated to the School System to address system
needs theremamtng46 87%tsavatlabletoaddresscttytnfrastructure
and operattng costs
February 4 2003
CITY M.4N,4GER'S BRIEFING
TP. ANSITION AREA FINANCIAL ANAL YSIS
ITEM # 50701 (Contmued)
.4pprectatton ts at 6 5 % for first two years of the analys~s and 4% each
),ear thereafter
Infrastructure needs (reflects the worst case scenario) and assumes
urban style roadways (4 Lane divided) will be needed within the
Transition Area
¢IP PROGP~4M SCHEDULE
lnfrastructur~ Needs 4sstgned to 2004 2005 2006 2007 2008 2009 2010
Transition Area
Roadways
Ntmmo Parkway (West Neck to North $ 33 I $ 0 7 $ $ I 3 $ $ 0 5 $ $ -
Landing - 4 lanes divided)
Prtnt ess Anne Road (General Booth to $ 41 $ $ $ $ $ - $ $
Upton Drive 4 lanes &vlded)
West Neck Road (North Landtng to $ 25 $ - $ 07 $ $ 05 $ $ 05 $ 04
Indian R~ver 2 lanes un&~tded of
ultimate 4-lane divided)
West Neck Parkway (North Landing to c~ I 6 $ - $ $ - $ 0 7 $ $ $ 0 1
Indian River 2 lanes undivided)
[ndlan Rtver Road (North Landmg to $129 $ $ $ $ 09 $ 06 $ $
West Neck Road 2 lanes undivided)
In&an R~ver Road (North Lan&ng to $ 56 $ $ $ $ $ $ 25 $
Elbow 4 lanes divided)
Salem Road (North Landmg to Elbow 4 $185 $ - ~ $ - $ $ - $ - $ -
lanes divided)
SeaDoard Road (Pnncess Anne Road to $ 87 $ $ $ 06 $ $ 05 $ $
Prtncess /lnne Road 2 lanes
und~ tded)
Pnncess ,4nne Road (Sandbrtdge Road $ 77 $ 06 $ 04 $ $ $ 24 $ 20 $ 22
to Imhan Rtver 2 lanes undtvtded)
TOTALROADW,4YS $947 $ 13 $ 11 $ 19 $ 2l $ 40 $ 50 $ 27
Parks and Retreat~on (West Neck & $ 04 $ $ $- $- $ 02 $ $
Borrow Pit Properttes)
F. e and Rescue Stat~on (Landstown) $ I 7 $ - $ - $ $ - $ $ I 7 $ -
Princess Anne Heritage Park $ 0 5 $ $ $ - $ - $ - $ - $
TOT~IL INFRASTRUCTURE NEEDS $973 $ 13 $ I I $ 19 $ 21 $ 42 $ 67 $ 27
WITH THE TRANSITION ,4RE~4
February 4 2003
-IO-
CITY MANAGER'S BRIEFING
TRANSITION ARE.4 FINANCIAL ANAL YSIS
ITEM # 50701 (Continued)
Ftnanctal Analysts
2004 2005 2006 2007 2008 2009 2010
Number of Homes 250 250 200 200 200 16 ~ 165
Revenues
Yearl $243021 $ 258817 $ 269170 $ 279937 $ 291134 $ 302780 $ ~14891
}ear2 $ 267037 $ 277719 $ 288827 $ 300380 $ 312396 $ 324892
Year3 $ 234355 $ 243729 $ 253478 $ 263617 $ 274162
Year4 $ 243729 $ 253478 $ 263617 $ 274162
Year5 $ 253478 $ 263617 $ 274162
Year6 $ 217484 $ 226183
Year 7 $ 226 183
lnterestlncome $ 972/ $ 26652 $ 50499 $ 7945; $ 114006 $ 146052
TotalRevenues $243,021 $ 535,575 $ 807,896 $1,106,721 $1,431401 $1,737,517 $2,060,687
Debt Servtce
Yearl $ 11228~ $ 112285 $ 112285 $ 112285 $ 1/2285 $ 112285
Year2 $ 99 459 $ 99 459 $ 99 459 $ 99 459 $ 99 459
Year3 $ 171117 $ 171117 $ 117117 $ 117117
Y~ar4 $ 184 715 $ 184 715 $ 184 715
Year 5 $ 368 786 $ 386 786
Year 6 $ 440 297
TotalDebtServtce $ 112284 $ 211744 $ 382861 $ 567576 $ 936362 $1376659
,4nnuallZartance $ 243021 ~ 423290 $ 596152 $ 723860 $ 867825 $ 801155 $ 684028
Cumulattve Total $ 666,311 $1,262,463 $1,986,323 $2,850,148 $3,651,303 $ 4,335,331
Forhomesgraterthan$381,750 tnaveragevalue the TranstttonAreacansupport ttsproporttonateshare
of the worstcasescenartosJortnfrastructureandoperattngcosts The rematntng$230, O00(46 87%) would
be used to meet the Ctty s portton of these pt ojects as well as to address other operattng needs Contmutng
out the financtal analysts for 42 year~ approximately $187-MILLION ~ould be netted to the CtO,
The Transttton Area can cover its operating budget and infrastructure needs if the ~ lston expressed by the
Transition Area Techmcal Advisory Committee (T,4 TAC) ~s m~t
February 4 2003
-11
CITYM,4N~4GER'S BRIEFING
TRANSITION.4RE.4 FIN.4NCI.4L .4N.4L YSIS
ITEM # 50701 (Continued)
~Vhat tf thts vtston does not occur~
The C~tv couM revtstt the need for urban style roads wtthm thts area
The Ctty could work wtth developers to provtde other tncenttves such
as cash prtvate mfrastructure constructton pubhc amenities to offset
the louer value
Delay lnfra ~tructure beyond concurrency
Revl~e Comprehenstve Plan to lower denstty
M~ Whltesell advtsed the Ctty Manager s receipt of correspondence today from School Supennt~ndent
Ttrnothy R Jenney that a High School will not be necessary tn the Transition Area
Mr Scott wtll provtde a detailed list of how the open space wtH be determined The staff envtsloned these
fat thttes almost exclusively owned and matntatned by the pubhc (the whole ctty not.lust the residents of the
Transltton,4rea) Before any of these are bullt the proposals musl be reviewcd b) the Parks and Recreatton
Department and Commtsston If not on a lot or tn a public street the wetlands will be port of the open
space The wetlands wdl not be used for a ttad There will be adequate open space and trad opportumttes
outstde the wetlands ,4bundant land extMs tn the Transition Area which is not tn the wetlands Mr Spore
advised these facthtles (trails and green spaces) would be very low malnlenance £andscaplng Servtces ts
already located in the Transttton ,4rea
Mr Spore advised the new Homeowners Assoclattons reqmre mandatory membership
E Dean Block Director of Pubhc Works advised re ever) road in the Tratt~ltton Area Is planned to have
suffictent rtght-of-way so there can be not only off-road tratls but also on most of the roads there will be
bike lanes
Councllman Reeve referenced the edltortal appeartng tn lhe199 7 Vlrgtntan Pdot entttled Virgtnta Beach -
,4 New Era - New Gmdehnes for development south of the Green L~ne are worth suppomng In recent
months Cay Council has crossed the Green Line to approve several upscale projects Others wtll come
before Councll soon It was never reasonable to assume that the [and south ofthc Green Line would rematn
agricultural forever but by effecttveIy putttng the b~ake~ on development the City gave itself time to
cat efidly constder what sort oJgrowth tt wants there Quahty ofhfe andpreservatton of the ctt¥ s rural
character are tnvoked whenever there Is a debate about the fiaure of Vtrgmla Beach but quaht) of hfe
questtons should also be raised on behalf of those hying north of the Green Line Vtrgtnta Beach offictals
are poised for new growth during the next decade The question of where to put these new people must be
answered It is not fatr to condemn restdents tn the northern half of the cit3 who pay the bul,~ of the cltv s
taxes to hve among tncreaslngly hlgh-denstt~ houstng and to travel even more crowded highways tn order
to preserve the rural character of the southern half of the city Virginia Beach s rural flavor can be
retained whtle allowing the hmtted development envtstoned by the ctty planner~ Equestrian and golf
communlttes would seem to enhance rather than detract from the rural nature of the ~tty Rettrement
communttles can also be butIt In a way to retain many of the pastoral qualities of the ,outhern part of the
City "Before a case-by-case review of each proposal can begtn, there must be a set of clear
gutdehnes restrtctmg what can be budt south of the Green Ltne"
February 4 2003
- 12
AGENDA RE VIEW SESSION
4 35PM
ITEM # 50702
I1
Ordinances to ESTABLISH a capital project for the
Pohce Traimng FacthO, site selection and design
APPROPRIATE $80 O00 from the DEA Shared Assets
fitnd and TRANSFER $520 O00 from the Replacements
Capital Improvement Project (CIP)
Councilman Reeve advised speaking with concerned residents who acknowledge the need to move forward
and they appreciate the mo&fications Since the DEFERI{AL of this item on January 7 2003 a Committee
composed of cltizens Pohr e and Pubhc Works Engineer representatives ha* been formulated Two (2)field
tt lps have been conducted to tour other ranges Councilman Wood attended the first tour and both Council
Members Reeve and Wood toured the Washington D C range The Black~vater facthtv indicated the) were
open to further discussions with the Crt,
Councilman Wood advised there were many different alternatives to explore The critical aspect will be
retaining the expert consultant
ITEM # 50703
12
O~dtname to APPROVE provision of $100 000 tn
Economic Development Investment Program (FDIP) funds
to Hampton University by Vlrglnta Beach Development
Authomty re location at Town ~ enter
CouncdLadyMcClananwtllvoteNAYonthtsttem ThtsitemwlllbedtscusseddurlngtheFormalSe~sion/
ITEM # 50704
I3
Or&nance to APPROPRIATE $ 7 493 278fi om FY 2001 -
02 School~Reversion Funds to FY2002-03 capital budget
and TRANSFER $507 500 ~ e various school projects and
to estabhsh one new capital improvement project (CIP)
the following projects
a $3 986 000 Baystde Middle School re twenty classroom addition
b $2 300 000 Site acquisitions for elementaty and middle schools
c $ 500 000 ArrowheadElementary School replacement
d $ 707 278 School Busfactht~ renovation/expansion replacement of garage
facthtles
e $ ~75 000 Kempsvtlle Elementary School Modernization
f $ 100 000 Mahbu Elementary SchoolModerntzatton
g $ 32 500 Comprehensive Modernization Study-Phase H
February4 2003
13-
,4 GEND,4 RE VIE W SESSION
ITEM # 50705
Councd Members Wdson and Wood are Ltatsons to the CITY~SCHOOL CONSOLID,4TION
COMMITTEE One of the ttems lo be revtewed ts
I3 d $ 707,278 School Bus factltty renovatton/expanslon re
placement of garage facdttles
Council Members Wdson and Wood dtstrlbuted an ALTERNATE Ordtnance (to delete $707,2 78 school
bus facd[ty), to APPROPRIATE $7 493 275 $6 785 722from FY 2001-02 School/Reverswn Funds to FY
2002-03 capital budget and TRANSFFR $507 500 re various school projects and to establish one new capital
lmprovement project (CIP) Council 1 ady Wilson advised School Board Chair Edwat ds had no opposition
The Ctty Manager referenced durtng the meettng wtth Dr Jenner two ~,eekx ago reacttvation of thts
Cotnmittee was dtscu~sed to revlew the next t~vo sttes proposed Counctlman Wood ad* lsed the garage is one
of the areas bemg constdered for consolldatton of schools and cayfacllltte~
Council Lad), McClanan referenced recetpt of the report of the CIP AD HOC COMMITTEE to the School
Board of the Ctty of Vtrgmta Beach dated November 19 2002 Councd Lady McClanan has concerns
Copies of thts report wdl be dtstrlbuted
Tonl, Arnold Dtrector- Factlitles Planning and Construction Vtrgtnla Beach City Schools advised he does
not belteve there wdl be any a problem with delettng the garage renovatton/expanslon to allow further
eramtnatlon of the issue of consoltdatton $ 707 000 does not purchase a bus garage faclllt) Mr Arnold was
confident the current bus facdlttes are not suffictent now and wtll probably requtre an additional site
somewhere else
ITEM # 50706
14 Ordinance to ,4 UTHORIZE $ I 240 O00 from Information ~ echnology
Internal Service Fund re upgrade and replacement of servlces and
equipment
Vice Mayor dones and Councilman Schmldt met with the Department of Communications and Informatton
Technology to gain a more In depth understandtng of the telecommuntcatwn service needs and the proposed
upgrades and equtpment replacemenl By operattng thls tnternal phone company mstead of purchasmg
all phone service dtrectly for service provtders the costs will be reduced b3 approxtmately 20% and
operations costs by approximately 35% Addtttonallv the investment tn and operatton of a Pttvate Branch
Exchange (PBX) telephone swttch results at cost avotdance of appto,cmtately $600 000 per year m
compartson to a telephone company provided Centrer solution Counctltnan Schmtdt advised as a result
of lhe Ctt!~ owtng ~vo ~ wttches this enablea a savings of approxtmately $ l 4 MILLIONpet ) ear even with
the $275 O0 telephones Vtr e Mayor Jones and Councdman gchmtdt are comfortable
Council Lady McClanan expressed concern relative the amount of voice mad utdtzed tn Soctal Services
February 4 2003
14-
.4 GENDA RE VIE W SESSION
ITEM # 50707
15 Resolution ESTABLISHING
VIRGINI.4 BEACH PERFORMING ARTg THE.4 TRE AD VISOR Y COMMITTEE
£ ouncd Lady Wilson wished to spend some time as a group &scusstng the process of appointment There
will be approximately thirty (30) positions Mayor Oberndorf advtsed the members would be appointed by
City Council Council Lady McClanan inquired if discussion could be included tn the Closed Session The
City Attorney advised this tlem may be added tf discussion entails speciJ~t individuals for possible
appointment however thtv Resolution evtabhshes the Committee and does not make appointments
Councilman Vdlanueva inquired if this Resolution commits the City Council to a Performing Arts Theatre
proJect
Steven Thompson Chief Fmanczal Officer advised the Resolution reaffirms the ADOPTED Capital
Improvement ProJect
Vice Mayor Jones advised this Resolution ts estabhshing the ~ ommtttee and t ~ just one more step toward the
Theatre project but he does not believe the Cio Councd has committed on the project as the City cannot
be totally confident of sufficient funds There tv $35-MILLlON available howe*er a $15-MILLION gap
exists
Mayor Oberndorf advtsed one of lhe charges of this Performing Arts Theatre Advisory Committee ts to
raise the funds from the private sector to match the funds at allable tn the Capital Improvement Program
Councilman Maddox requested discussion tn the City Councd Retreat on February 18 2003 The City
Council needs to be able to provtde chrectton to the members of the Committee
Councd Member~ expressed concern relative changes in the Convention Center Plan and requested a
Briefing relative the changes before there ts any presentation to the citizenry
Mr Thotnpson advised there has been no real change tn the Convention Cenlel since thepresentatton to City
Councd They are moving forward with the de~tgn work The City Council has been provided the latest
information However the Steering Cotnmtttee spht up into Subcommtttee~ attd one of those Subcommittees
was the Committee on Public Information (makes presentations to ~ ar~ous civic groups and wd l hold a series
oJ pubhc presentations as a group)
Councilman Maddox Liaison to the Con*entton Center wished to have control over the prot ess as much
as possible not delegate There have been changes tn the Conventwn Center and he would like to ~ ~ cet ve
more tnJormatlon
The City Manager advised the City Councd wdl be aware of all expenditures and design of the Convention
Center
Mayor Oberndorf cautioned delays tn the Convention Center will mean all the groups signed to be in the nevi
Convention Center tn 2005 and 2006 are probably going to be bumped These conferences will go to
Richmond Roanoke or another complete.facthty Council Members Maddox and Reeve advised the), are in
complete support to move forward with the Convention Centet
February 4 2003
-
AGENDA RE VIEW SESSION
ITEM # 50708
16
Resolutton requesting the Vtrgmta Board of Game and
Inland Ftshertes AUTHORIZE the Ct tv pa~ ttctpate tn the
late spectal muzzleloadmg season for the hunttng of deer
or to e~:tend the regular deer hunting season
Mayor Oberndorf advtsed ora compromtse wtth Luther Gdbert regardtng hts concern oJ dogs runmng on
hts prtvate property An alternattve Resolutton was dtstrtbuted to allow no us6 of dogs durtng thts season
Jack Whttney Dtrector of AgrtcuIture advtsed durtng spectal muzzleloathng season the parttctpants ~* tll
not be allowed to hunt }*tth dogs Thts proposed Resolutton was brought to the Agrtcultural Advtsory
Commtsston by members of the huntmg commumty Tht~ t3pe ofhunttng ts allowed tn Chesapeake but not
tn Vtrgtma Beach
Officer KrtMtan Dougherty Game Warden and hunter advtsed dogg are not allowed to be used during
spet tal muzzleloadmg seavons only during general firearms deer season A muzzleloader ts a Dantel
Boone type gun loadtng from the muzzle and ts smgle *hot utthzmg the equtvalent of black powder
Mayor Oberndorf Vtce Mayor dones Counctl Lady Mr Clanan and Councilman Schmtdt wtll vote NAY
ITEM # 50709
[7
Resolutton~,~,~ ........... ~, ~,,,_, ACCEPTING report of
Transition Area Techntcal Advtso~y Commtttee (TA TA C)
and nottng the Pubhc Comments on January 14 2003
Councdman Reeve requested DEFERRAL untd the CtO, Councd Sesston oJ February 25 2003 with nvo
Pubhc Comment pertods Councdman Reeve al~o requested the Resolutton be modtfied to ACCEPTING
rather than RECEIVING
ITEM # 50710
BY CONSENSUS the followtng shall compose the CONSENTAGENDA
ORDINANCES/RESOLUTION
I1
Ordtnances to ESTABLISH a capttal project for the
Pohce Tratnmg Factltl¥ stte selectton and destgn
APPROPRIATE $80 O00 from the DEA Shared Assets
fund and TRANSFER $520 O00 from the Replacements
capttal tmprovement project (CIP)
Febz nary 4 2003
-16-
AGENDA RE VIEW SESSION
ITEM # 50710 (Continued)
13
Ordtnance to APPROPRIATE~, ........ ..:.-, .,u $6, 785, 722
from FY2001-02 School/Reverston Funds to FY 2002-03
capttal budget and TRANSFER $507500 re vartous
school projecl~ and to estabhsh one new capttal
tmprovement project (C[P) for the followtng projet ts
a $3 986 000 Baystde Mtddle School re twenty classroom
addttton
b $2 300 000 Stte acqmstnonsfor elementar3 and mtddle schools
c $ 500 000 Arrowhead Elementary School replacement
d
e $ 375000 KempsvdleElementarySchoolModerntzatton
f $ 100 000 Mahbu Elementary SchoolModerntzatton
g $ 32 500 Comprehenstve Moderntzatton Study-Phase H
14
Ordinance to AUTHORIZE $1 240 O00 from Informatton
Technology Internal Servtce Fund re ttpgrade and
replacement of servtces and equtpment
15 Resolutton ESTABLISHING
VIRGINIA BEACH PERFORMING ARTS THEATRE ADVISORY COMMITTEE
16
Resolution requesting the ?trgmta Board of Game and
Inland Ftshet res AUTHORIZE the Cttv to parttctpate tn
the late spectal muzzleloadtng season for the hunttng of
deer or to extend the regulal deer hunttng season
17
n,~,..,~ ...... ACCEPTING report of
Transttton Area Techntcal Advtsory Committee (TA TA C)
and nottng the Pubhc Comments on January 14 2003
Itetn 13 was be ADOPTED, BY CONSENT, as AMENDED
Item 1 6 will be ADOPTED, BY CONSENT, as AMENDED
Mayor Oberndorf Vtce Mayor Jones Councd Members McClanan attd Schmtdt wdl vote NAY on Item 1 6
Item 1 7 wtll be DEFERRED, BY CONSENT unttl the Ctty Counctl Sesston of February 25 2003
Februar) 4 2003
-17-
,4 GEND,4 RE VIE W SESSION
ITEM # 50710 (Continued)
PL`4NNING
Jl
Apphcations of HARBOUR DEVELOPMENT
CORPORA TION, L L C at North Landtng and Wes t Neck
Roads contamtng 65 I acres
(DISTRICT 7 - PRINCESS ANNE)
a
Change of Zomng Dtstrzct Classification from .4 G-I and
AG-2 Agrwultural to Condtttonal R-30 Restdenttal re
stugle famdy lots no less than 30 000 sq fi
b Conditional Use Permit re Open Space
C
Variance Appeal re certain elements of the Subdtvtsion
Ordtnance Sectton 4 4(0) that requires all newly ct eated
lots meet the requtrements of the C~lv Zontng Ordinance
(CZO) and reduce required street wtdth
Item ,I I wdl be DEFERRED, INDEFINITELY, BY CONSENT
February4 2003
18
CITY COUNCIL LIAISON REPORTS
5 16PM
ITEM # 50711
Councilman Maddox advised the Hampton Roads Planning District Commts ~lon (HRPDC) ts worktug very
diligently to improve the trolley sem,ice within the Resort Area by this Summer A fare study was completed
The trolley fee w, ll bt raised to $100from fifty cents (500 This will generate approximately $600,000
additional revenue with 25% increase in service There are now gvcteen (16) trolleys which will be
retrofitted with bar code reading equipment Approximately twenty (20) ticket vending machines will be
installed on the west side of Atlantic Avenue The Hotel/Motel Assoclatton *4 iH also sell passes through the
hotel desks Thts additional revenue could asstst to htre off-duty Vtrgmia Bt ach Pohce Of~cers to attempt
to mitigate the prob[em of bunching tn the trolley lanes
Mayor Oberndorfe),pressed concern relative thepara transttservlce Mayor Oberndorfrefet encedconccrn
of an elderly gentleman who is tn dire need of this service for work Councilman Maddox advls6d there ts
a separate Para Transit Subcommittee and he willprovtde information
ITEM # 50712
Council Members Schmldt and Wood Liaisons to Town Center advised there is great progress and exciting
events will soon be occurring They have met approximately.four (4) hours over the pa~t two days with
dt. fferent groups
ITEM # 50713
Councilman SchmMt advised relative the 3 P' Street Hotel there wdl be a meeting scheduled later th~s week
with a briefing thereafter
ITEM # 50714
Council Lady McClanan and Councdman Vdlanueva were invited to a met ting at Parks and Recreation
concerning the issue of skateboard parks ( ounctlman Vlllanueva feels comfortable with the staffs strateg)
to make Vtrgtma Beach attractive to the Skateboard industry This strategy will be ~.xplatned to the
Skateboard Committee relative planmng a long term vision of the City with corporate sponsors lo build a
Skateboard Fantasy Land
ITEM # 50715
Council Members Vtllanueva and Wilson Liaisons to the Legtglattve Coordination Ad Hoc Committee
advised of their and meeting in Richmond with the Governor Council Lady Wilson referenced the Cig
Manager s report Councilman Vtllanueva advised the City Manager s report does not reflect an
appropriation requested by Senator Stolle for the Pohce Tratmng Facthty
February 4 2003
-19
CITY COUNCIL LIAISON REPORTS
ITEM # 50716
Mayor Oberndorfand Vice Mayordones met with the Dr Timothydenney Superintendent - Virginia Beach
City School~ the School Board Chair and Vice Chair as well as members of the Ci0, s Finance Department
who informed them of the modernization issue and a number of other issu~ ~ to be discussed
The School offictals requested lump sum tnstead of categortcal fundtngfor the Schools budget and ClP
Lump sum fundtng has been the City s methodology stnr e the $12-MllL LlON gchool los, Dr Jennev advi~ed
thi~ was another School Board and they were not part of this loss Schools are vet3, concertied t~.lattve the
etnbarrassment and pres*ute resulting from the Resolution of City Council to the School Boazd
(ADOPTED October 29, 2002) exptessing City Council s position tn the u~e of unspent local
appropriations re School Board employee salary ~ncreases to be effective November 15, 2002, rather than
as scheduled tn the operating budget for January 1, 2003 Vtrgima Beach Schools would hke to have a
substanttalincreaseinteachers salartes(apptortmatel¥10%)whentheCttvCounctldtscussesthe Virginia
Beach Schools proposal They also wished to escalate the modernization of schools The requ~.st will be
forwarded for four (4) to five (5) schools a year rather than two (2) to three (3) School~ did not want
Reversionary Funds at the end of the year Schools prefer the flextbthty to move funds around to make
purchases and invest tn Capital ProJects during the year
Vice Mayor Jones advised he does not concur with "lump sum funchng Schools recetves 53 13% of the
tax revenue Vtce Mayor dones furthet referenced Schools ~4ould hke the abthty to have a surplus "ratny
day fund"
The City Manager advised relative the Health bisurance the City continues to work closely with 5chools to
move toward the cafeteria plan In tertns of this 3-step increase Schools **ould like to accommodate but
are not sure this concept is affordable Vice Mayor Jones referenced Schools could not provide the
assurance they could go along with the eoncepts of the City relative health insurance
Tontght February 4 2003 Dr Jenney will be presenting his proposed Budget to the School Board
February 4 2003
- 20 -
CITY COUNCIL COMMENTS
5 37PM
ITEM # 50717
Councd Lady Eure referenced the major economic announcement at Stthl by Governor Mark Warner, this
morntng (Tuesday, February 4, 2003) Economtc Development ts very effecttve andperform~ng dedtcated
services to the City
Mayor Oberndorf advised the Governor was gractous The Mayor recetved a check for $500 000 and
another $700 000 lncenttve fund will be forthcomtng depen&ng on Stihl ~ tnvestment of $61 MILLION
ITEM # 50718
Counctlman Schmldt advised Saturday February 8 2003 ts the Polar Plunge to benefit #pectal Olymptcs
He encouraged ht~ four (4) new Ctty Counctl Members partlctpate with h.n Counctlman Reeve has
agreed
ITEM # 50719
Mayor Oberndorf announced the International Stster Ctty Mustc Festival OCor promotmg everlasttng peace
and understandtng the sptrlt of goodwill and brotherhood and sisterhood of the ~o~ld thru music
celebratton of the City s 40~ Anntversary) The Ctly of Vtrgtnta Beach, Moss, Norway Mtyazakt, Japan,
and, Bangor, Northern Ireland wtll parttcipate
Thursday, February 13~n
700-830PM
Pavthon
"I/otces of Love and Peace"
Jotnt Choral Concert and
Chamber Works presented by
the Mtyazakt Phdharmonw,
Japan
Ttckets $10
Friday, February 14'~
7 00- 900PM
Pavthon
"Ode to Joy"
Ninth Symphony of Beethoven
Vtrgtnta Beach Symphony Orches~a
Mtyazakt Phdharmontc Orchestra
Sts~r Chot~
~c~e~ $15
February 4 2003
21-
CITY COUNCIL COMMENTS
ITEM # 50720
Mayor Oberndorf referenced her attendance Saturday February I 2003 at a functton at the Rtchmond
Convention Center
George C Newstrom Secretary of Technology tn the Governor s Office Commonwealth of Vtrgtma
cxpressed apprectatton for Davtd Sulhvan, Chtef lnformatton Officer and lauded hts professtonaltsm
tntelhgence and dedtcatton
February 4 2003
- 22 -
ITEM # 50721
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room Ctty Hall Butldtng on Tuesday Februar!; 4 2003 at 5 38
PM
Councd Members Present
Harry E Dtezel Margaret L Eure Vtce Mayor Lout~ R dones Reba
S McClanan RtchardA Maddox MayorMevera E Oberndorf
Reeve Peter W Schmtdt Ron A ?'tllanueva Rosemar) Wtlson and
James L Wood
Councd Members Absent
None
Februar) 4 2003
- 23 -
ITEM # 50722
Mayor Meyera E Oberndorf entertatned a motton to permit Cay Councd to conduct tts CLOSED
SESSION pursuant to Sectton 2 1-344(A) Code of Vtrgtnta as amended for the followmg purpo*e
PERSONNEL MATTERS Dtscusston constderatton or tntervtews
of prospecttve candidates for employment asszgnment appointment
promotmn performance demotton salartes dtsctphntng or
restgnatton of specy~c pubhc oJficers appotntees o~ employees
pursuant to Sectton 2 2 3711 (A) (1)
To Wtt Appotntments
Boards and Comm:sstons
Mtnortty Business Coum d
Personnel Board
Upon motion by Vtce Mayor Jones seconded by Counctlman Schmtdt Ctty Count tl voted to proceed tnto
CLOSED SESSION
Vottng 11-0
Counctl Members l/otmg Aye
Harry E Dtezel Margaret L Eure Vtce Ma)or Louts R Jones Reba S McClanan
Rtchard A Maddox Mayor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron
A Vdlanueva Rosemary ~Ytlson and James L Wood
Councd Members Voting Nay
None
Councd Members Absent
None
(5 40 - 5 50 P M Dtnner Break)
(550PM 600PM)
Februa04 2003
24-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
FebruaO, 4, 200t
600PM
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber City Hall Building on Tuesday February 4 2003 at 6 O0 P M
Council Members Present
Ha~ry E Dtezel Margaret L Eure Vice Mayor Louis R Jones Reba
S McClanan RtchardA Maddox MayorMeyera E Oberndorf Jim
Reeve Pet6r W Schmidt Ron A Vtllanueva Rosemar3 Wilson and
James L Wood
Council Members Absent
None
INVOCATION Reverend Samuel D Beder
Trinity Tabernacle Charch
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Februatw 4 2003
hem V-E
25-
CERTIFICATION OF
CLOSED SESSION
ITEM # 50723
Upon motton by Vtce Mayor Jones *econded by Councd Lady Wdson Cuy Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE MTH THE MOTION TO RECESS
Only public business matters lawfully exempted from Open Meeting
requtrements by Vlrginta law were discussed in Closed Sevslon to which
this certlficatton resolutton applies
AND
Only such public business matters as were tdentlfied In the motion
convening the Closed Session were heard dtscussed ot constdered b)
Vtrgmta Beach City Council
Voting 11-0
Councd Members Vot~ng Aye
Harr5 E Dtezel Margaret L Eure }ice Mayor Loui~ R Jones Reba S
McClanan RlchardA Maddox Mayor Meyera E Oberndorf Jim Reeve
Peter W Schmtdt Ron A Vdlanueva Rosemary Wtlson and James L
Wood
Council Members Voting Nay
None
Council Members Absent
None
February 4 2003
R SOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS The V~rgm~a Beach City Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM # 50722, page 23, and ~n accordance w~th the
provisions of The V~rgmm Freedom of Information Act, and
WHEREAS Sect~on 2 2- 3 71164) of the Code of V ~rg~n~a requ~res a certfficatlon by the govermng
body that such Closed Session was conducted m conformity w~th V~rg~ma 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 pubhc bus~ness matters lawfully exempted from Open
Meeting reqmmments by V~rg~ma law were discussed In Closed Session to which th~s cemficatlon resolution
apphes and, (b) only such public business matters as were ~dentlfied m the motion convemng this Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
C~ty Clerk
February 4 2003
Item V-F l
26-
MINUTES
ITEM # 50274
Upon motzon by Counctl Lady Wdson seconded by Councilman Reeve Ctty Councd APPROVED lhe
Mmutes of the INFORMAL AND FORdffAL SESSIONS of January 28, 2003
Voting 11-0
Councd Members Vottng Aye
Har~ E Dtezel Margaret L Eure Vtce MayorLouts R ,/ones Reba S
McClanan Rtchard A Maddox Mayor Meyera E Oberndorf ,/tm Reeve
Peter W Schmidt Ron A Vdlanueva Rosemary Wdson and .lames L
Wood
Councd Members Votmg Nay
None
Councd Members Absent
None
February 4 2003
Item
ADOPT AGENDA
FOR FORMAL SESSION
-27
ITEM # $0?25
BY CONSENSUS Ctty Councd ADOPTED
AGENDA FOR THE FORMAL SESSION
February 4 2003
Item V-H 1
MAYOR'S PRESENTATION
- 28-
ITEM # $0726
Captam Lawrence Brooks United States Coast Guard (Captain for the Port of Hampton Roads)
PRESENTED to
Sheriff Paul J Lantetgne
UNITED STATES COAST GUARD PA TRIOTIC EMPLOYER A WARD
Capta,n Brook~ advtsed shortly after September 11 2001 Shertff Lanteigne loaned the Coast Guard Pert5
Office Taylor and the Coast Guard sttll has btm He has helped immensely tmproving securlt5 of the
community and port
Shertff Lantelgne extended the Ctty s apprectatton to all the troops and know that they are in our thoughts
and pral~ers The Ctty anxtously anticipates thetr safe return
Februar) 4 2003
Item V-I
ORDINANCES
29-
ITEM # ¢0727
Upon motton by Vice Mayor Jones seconded by Counctlman Schmtdt Ctty Councd APPROVED IN ONE
MOTION [temz l 3 a/b/c/d/e/f/g (SUBSTITUTE ORDINANCE) 4 5 and 6 (SUBSTITUTE
RESOLUTION) of the CONSENT 4GENDA
Vottng
11-0 (By ConsenO
CounctI Members Vottng Aye
Harry E Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba S
McClanan RtchardA Maddox Mayor Meyera E Oberndorf Jtm Reeve
Peter W Schmtdt Ron A Vdlanueva Rosemary Wtlson and James L
Wood
Councd Members Voting Nay
None
Counctl Members Absent
None
Item 3 was ADOPTED wtth a SUBSTITUTE Ordinance delettng Item d
Item 6 was ADOPTED with a SUBSTITUTE Resolutton
Mayor Oberndorf Vtce Major Jones Council Members McClanan and Schmtdt voted a VERBAL NAY on
Item 6
Februa~4 2003
Item V-I 1
ORDINANCES
- 30-
ITEM # 50728
Upon motion by Vtce Mayor dones seconded by Counctlman Schmtdt Ctty Councd ADOPTED
Ordtnances to ESTABLISH a capttal project for the Pohce Training
Facthty stte selectton and destgn APPROPRIATE $80 O00 from the DEA
Shored Assets fi4nd and TRANSFER $520 O00 from the Replacements
capttal tmprovement proJect (C1P)
Voting 11-0 (By ConsenO
Councd Members Votlng Aye
Harry E Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba S
McClanan Rtchard A Maddox Mayor Meyera E Oberndorf dtm Reeve
Peter W 3chmtdt Ron ,4 ktllanueva Rosemary Wtlson and dames L
Wood
Counctl Members Vottng Na)
None
Counctl Members Absent
None
February 4 2003
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AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3-
229 "POLICE TRAINING FACILITY-SITE SELECTION
AND DESIGN," AND TO APPROPRIATE $80,000 FROM
THE DEA SEIZED ASSET FUND AND TRANSFER
$520,000 FROM CAPITAL PROJECT #3-173,
"EMERGENCY COMMUNICATIONS/EMERGENCY OPERATIONS
CENTERS," TO THIS PROJECT TO INITIATE SITE
SELECTION AND DESIGN WORK
WHEREAS, the City of Vzrgznla Beach Police Department is
unable to use the fkrzng range at the current facllzty due to
safety concerns
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
VIRGINIA BEACH, VIRGINIA
Site
made
Selection and Design,"
Tramnlng Facml~ty
CITY OF
1 That Capktal Pro]ect #3-229, "Polzce Traknzng Facmllty-
Selectmon and Desmgn," ks establkshed in the Capital Budget
2 That the following approprlatmon and transfer are hereby
to Capital Project #3-229, "Polmce Tramnlng Facllmty-Smte
3
and site selection shall be approved by Czty Councml
4 That revenue mn the Capital Budget ms
accordingly
b
$80,000 ls approprmated from the DEA Shared Assets
Fund, and
$520,000 is transferred from Capztal Pro]ect #3-
173, "Emergency Communlcatmons/Emergency OperatIons
Centers
That a site selection process shall proceed the design work,
hereby increased
to lnmtlate desmgn work for the Polmce
a
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Adopted by the Council of the City of Vlrglnla Beach,
on the 4th day of ~h~,~ry2003
CA8708
ordln/noncode/Pollce Flr~ng Range ord wpd
R3 - January 30, 2003
Vlrglnza
Approved as to Content
~a~nag~erre~ntSe~'~'/X~r%-~ce ~--~
Approved as to Legal
Department
SuffIciency
Item V-I 2
ORDINANCES
31-
ITEM # 50729
Upon motton by Counctbnan Jones set onded by Councdman Schmldt Cfi) Counctl ADOPTED
Ordtnance to APPROVE provzston orS100 000 tn Economzr Development
Investment Program (EDIP) funds to Hampton Umversitv by Virginia
Beach Development Authority re locatton at Town Cente~
Vottng 10-1
Council Members Voting Ave
Harry E Dtezel Margaret L Fure Vtce Mayor Louts R lones Rtchard A
Maddox Mayor Mevera E Oberndorf Jm, Reeve Peter W Schmtdt Ron
A Vdlanueva Rosemary Wdson and James L Wood
Councd Members Vottng Nay
Reba S Mr Clanan
Counctl Members Absent
None
Februar) 4 2003
ORDINANCE NO
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AN ORDINANCE TO APPROVE THE PROVISION
OF $100,000 IN ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM FUNDS TO
HAMPTON UNIVERSITY BY THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS Hampton Umversity desires to locate certain graduate and undergraduate
programs In the Town Center of Virginia Beach,
WHEREAS, Hampton University proposes to construct a 16,000 square foot facility
in the Town Center (Block Four) to house the necessary office and classroom space lor its proposed
higher education programs,
WHEREAS, the Director of Economic Development, acting on behalf of the Virginia
Beach Development Authority (the "Authonty"), has detenmned a need to provide Economic
Development Investment Program ("EDIP') funds to Hampton Umverslty to underwrite a portion
of the costs ofconstruchon ot 16,000 square feet of office and classroom space,
WHEREAS, there are funds in the EDIP which are available for such purposes,
subject to the formal approval of City Council, and
WHEREAS, by Resolution adopted January 21 2003, the Authority approved the
provision of$100,000 of EDIP funds to Hampton University to underwrite a portion of the costs of
construction of the 16,000 square foot office and classroom facility, subject to the approval of City
Council
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
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That City Council hereby approves and authon/es the Authority to provide
$100,000 in Economic Development Investment Program funds to Hampton University to
underwrite a portion of thc costs of construction ofa 16,000 square foot office and classroom facility
at the Town Center of Virginia Beach
Adopted by the Council of the C~ty of Virg~ma Beach, Vlrg~nta on the 4th day of
February, 2003
CA~8665
PREPARED January 21, 2003
R-1
Depi o f Econ0m~c-~)evel~ent-
APPROVED AS TO
LEGAL S U FF1C IEt~N ~
kaw Department ~
v ~ProjectsXHamptonU ord wpd
A RESOLUTION APPROVING THE PROVISION OF
$100,000 IN ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM FUNDS TO
HAMPTON UNIVERSITY
WHEREAS, the C~ty of Vlrgtma Beach Development Authortty (the "Authority")
was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"),
WHEREAS, one of the primary purposes of the Act is to enable development
authonttes "to promote industry and develop trade by reducing manufacturing, industrial,
governmental and commercml enterprises to locate m or remain m the Commonwealth ",
WHEREAS, pursuant to § 7 of the Act, "the Authority may foster and stimulate
the development of industry m the area w~thm ~ts jtmsdmtmn [and] may accept, and expend
for the purposes stated above, money from any pubhc or private source ",
WHEREAS, the economic development goals and objectives of the C~ty ~nclude
achieving a higher ratio ot nonresidential to res~dentml real estate assessments, investing m land
and infrastructure to benefit future economm growth, and maximizing the return of economic
development efforts through the development and ~mplementahon of programs and strategms
that facilitate new bus~ness investment and encourage retention and expansion acuvlt~es, thereby
lmprowng the overall quality of life m the City,
WHEREAS, the C~ty estabhshed the Economic Development Investment Program
CEDIP") in the FY 1993-94/FY 1998-99 Capital Improvement Program as part of its overall
effort to enhance the City's abflay to accomphsh these goals and objecnves,
WHEREAS, pursuant to the authority and empowerment set forth in § 10 of the
Act, C~ty Council, by ordinance adopted January 25, 1994, authorized the transfer of funds m
the EDIP account to the Authority and the provision of future EDIP approprmtmns to the
Authority to enable the Authortty to more effectively continue tts efforts to foster and stimulate
economic development by inducing businesses to locate or remain in the C~ty,
WHEREAS, the Director ol Economic Development, acting on behalf of the
Authority, has determined a need to provtde EDIP funds to Hampton Untverstty (the
"Recipient") to underwrite a port~on ot the costs of construction of 16,000 square feet of office
and classroom space at Town Center (Block Four), however, the criteria set forth ~n Paragraph
2 of the ED1P Policy and Procedure have not been met,
WHEREAS, pursuant to the provisions of Paragraph 3 of the EDIP Pohcy and
Procedure, C~ty Council has g~ven its ~nformal approval of the promslon of EDIP funds to the
Recipient prior to the Authorlty's approval, and intends to give ~ts formal approval m the near
future,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY
1 That the Authority hereby finds that the provision of $100,000 m EDIP
funds to the Recipient will primarily serve the vahd public purpose of fostering and snmulatmg
economic development m the C~ty, and is ,n furtherance of the purposes for wfuch the Authority
was created
2 That subject to the formal approval of the C~ty Council of Virginia Beach,
the Authority hereby approves the provision of $100,000 tn EDIP funds to the Rectpient to
underwrite a portion of the costs associated w~th the construction of 16,000 square feet of office
and classroom space ~n Town Center (Block Four), and/or other allowable off-site infrastructure
~mprovements related thereto Such funds shall be prod to the Remp~ent at such nme as the
Recipient occupies the described office space and classrooms and has commenced mstructmn
3 That prior to receiwng any pomon of EDIP Funds, the Recipient will
execute and dehver to the Authority an EDIP Recapture Agreement in a form acceptable to
counsel for the Authority and provide a stgned lease or other satisfactory ewdence ora lease
obligation of the Remptent to lease the described office and classroom space for at least five (5)
years
Adopted th~s o~ ] $/-day of.~-~,~.~ , 2003, by the C~ty of V~rg~ma Beach
Development Authority
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORI FY
S e cre t ary/A~es~ t~3 e,~;r-~
F \Department Ffles\VBDA~Legaldocs~2003~lampton U RES wpd
CERTIFIED TRUE COPY
LlnaaLea Shee~an, Clerk
Item V-I 3
ORDINANCES
32-
ITEM # 50730
Upon motion by Councdman Jones seconded by Councdman Schmtdt C;0 Councd ADOPTED
J/ottng
SUBSTITUTE ORDINANCE (to delete $707,278 school bus
faczhty), BY CONSENT, to APPROPRIATE $7493275
$6 785 722 .from FY 2001-02 School/Rever~ton Funds to FY
2002-03 capttal budget and TRANSFFR $507 500 re vartous
school projecta and to estabhsh one new capttal tmprovement
project (C[P) the follov* mg projects
a $3 986 000 Baystde Mtddle School re twcnty classroom
addttton
b $2 300 000 Stte acqutstttonsfor ele~nentary and mtddle schools
c $ 300 000 Arrowhead Elementary School replacement
e $ 375 000 Kempsvdle Elementary School Moderntzatton
f $ 100 000 Mahbu Elementary School Moderntzatton
g $ 32 500 Comprehensive Modermzatton Study-Phase H
11-0 (By ConsenO
Counctl Members Vottng ~4ve
Harry E Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba S
McClanan Richard A Maddox Mayor Meyera E Oberndorf Jtm Reeve
Peter PV Schmtdt Ron ~1 Vtllanueva Rosema0 Wdson a.d James L
Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
Fcbruat3 4 2003
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Requested by Councllmembers Rosemary Wilson and James L Wood
Alternative
AN OP~DINAi~CE TO APPROPRIATE $6,785,722 IN
FY 2001-02 VIRGINIA BEACH SCHOOL
REVERSION FUNDS TO VARIOUS SCHOOL
PROJECTS IN THE FY 2002-03 CAPITAL BUDGET
AND TO TRANSFER $507,500 BETWEEN VARIOUS
SCHOOL CAPITAL PROJECTS IN THE FY 2002-03
CAPITAL BUDGET
WHEREAS, on September 11, 2002 the School Board was
presented with a summary financial statement indicating a total
amount of $18,290,278 in FY 2001-02 Virginia Beach Public School
unaudited reversion funds,
WHEREAS, $10,797,000 of these reversion funds has been
previously appropriated and $7,493,278 has not been appropriated,
WHEREAS, by resolutions dated December 17, 2002 and
January 21, 2003, the School Board formally requested the C~ty
Council to approve the appropriation of the remaining $7,493,278
school reversion funds and to also approve $507,500 budget
transfers ~n the City's FY 2002-03 Capital Budget, and
WHEREAS, the C~ty Council has determined to appropriate
$6,785,722 of the School reversion funds and to also approve
$507,500 in budget transfers ~n the C~ty's FY 2002-03 Capital
Budget
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
1 That $6,785,722 of school reversion funds from the
School Board's FY 2001-02 Operating Budget is hereby appropriated
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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) $3,986,000 to Capital Project 1-240, "BaysldeM~ddle
School Addition,' for a twenty classroom addition,
(b) $2,300,000 to Capital Project #1-006, "Various
School Site Acquisitions - Phase I," for new elementary and m~ddle
school s~tes, and
(c) $500,000 to Capital
Elementary School Replacement," to
Project # 1-226, "Arrowhead
start the process earlier
2 That $507,500 is hereby transferred in the FY 2002-03
Capital Budget as set forth below
(a) $375,000 to CaD~tal Project 91-220, "KemDsvllle
Elementary School Modernization," w~th $300,000 transferred from
Capital Project #1-222, "Pembroke Elementary School Modernization,"
and $75,000 from Capital Project #1-223, "Lynnhaven Elementary
School Modernization",
{b) $100,000 to Capital Pro~ect ~1-221, "Mallbu
Elementary School ModernizatIon," from Capital Project #1-222,
"Pembroke Elementary School Modernization", and
(c) $32,500 to Capital Project #1-231, "Comprehensive
Modernization Study-Phase II," w~th $10,739 transferred from
CaD~tal Project #1-002, "KellamHlgh School Auxiliary Gym," $1,914
transferred fromCap~tal Project 91-198, "Seatack Elementary School
Replacement," $3,482 transferred from CaD~tal Project #1-238,
"Kemps Landing Conversion," and $16,365 transferred from Capital
Project #1-239, "Bayslde 6t~ Grade Campus Renovations"
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3 That revenue in the FY 2002-03 Capital Budget
hereby increased by $6,785,722
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Adopted by the Council of the City of Virginia Beach,
VirginIa, on the 4th day of F~br,~y , 2003
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Requires an aff~rmarlve vote by a ma3orlty of the members of
City Council
CA-8726
ordln/noncode/Schoolrevealtord2 wpd
February 4, 2003
R6
Approved as to Content
Management Services
Approved as to Legal
Sufficiency
City i~o~n~ Offl~e
3
Item V-I 4
ORDINANCES
- 33
ITEM # 50731
Upon motion by Councilman Jones seconded by Councdman Schmidt City Council ADOPTED
Ordinance to AUTHORIZE $1 240000 from Inlormalton
Technology Internal Service Fund re upgrade and ~eplacement
of ~ ervtces and equipment
Voting 11-0 (By ConsenO
Council Members Vottng AI2e
Harry E Dtezel Margaret L Eure Vice Mayor Louts R Jones Reba S
McClanan Rtchard A Maddox Mayor Meyera E Oberndo~ f Jim Reeve
Peter W Schnudt Ron A Villanueva Rosemary Wilson and dam~s L
Wood
(. ounctl Members Voting Nay
None
Council Members Absent
None
February 4 2003
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AN ORDINANCE TO AUTHORIZE THE EXPENDITURE OF
$1,240,000 FROM RETAINED EARNINGS IN THE
INFORMATION TECHNOLOGY INTERNAL SERVICE FUND
FOR THE PURPOSE OF PURCHASING EQUIPMENT AND
SERVICFS TO UPGRADE THE TELECOMMUNICATION
SYSTEM
WHEREAS, existing capacity to expand essential Cmty telephone
services is lmmlted, and upgraded equmpment and services for the
Cmty's telecommunlcatmon system are required, and
WHEREAS, fundmng for these improvements ms available in the
Informatmon Technology Internal Servmce Fund
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
That the eYpendmture of $1,240,000 by the Department of
Communmcatmon and Informatmon Technology from the retamned earnmngs
in the Information Technology Internal Service Fund is hereby
authormzed for the purpose of purchasmng equipment and services to
upgrade the Cmty's telecommunication system
Adopted by the Councml of the Cmty of Vlrgmnla Beach,
Vmrgmnla, on the 4th of February , 2003
CA-8714
Ordmn/Noncode/telecomord wpd
R-2 January 28, 2003
APPROVED AS TO~ONTENT :
Management Servmces
APPROVED AS TO LEGAL SUFFICIENCY
VLaw Departm~6t ./
Item V-I 5
ORDINANCES
34-
ITEM # 50732
Upon motton by Councdman dones seconded by Counctlman Schmtdt Ctty Councd 4DOPTED
Resolutton ESTABLISHING Vtrgtnta Beach Perfortntng Arts Theatre
Advtsory Commtttee
l/ottng 11-0 (By ConsenO
Councd Members Vottng Aye
Harry E Dtezel Margaret L Eure Vice Mayor Louts R dones Reba S
McClanan Rtchard A Maddox Mayor Meyera E Oberndorf dtm Reeve
Peter IV Schmtdt Ron A l/tllanueva Roaemary IVtlson and dames L
Wood
Counctl Members Vottng Nay
None
Councd Members Absent
None
February 4 2003
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A RESOLUTION ESTABLISHING THE
VIRGINIA BEACH PERFORMING ARTS
THEATRE ADVISORY COMMITTEE AND
PROVIDING FOR ITS MEMBERSHIP, DUTIES
AND DISSOLUTION
Center,
Theatre,
Consultants,
requirements
WHEREAS, in the process of constructing a new Convention
it has become necessary to replace the existing ?avlllon
WHEREAS, the City engaged a consultant, Theatre Pro]ects
to assess the community's cultural needs and the
for a new t~eatre, and
WHEREAS, the Town Center has been identified as the site
for the performing arts theatre, and a steering committee is
required to give further input on the design, construction and
financing of the new theatre
NOW,
OF VIRGINIA BEACH, VIRGINIA
1 There is hereby
Performing Arts Theatre Advisory Committee
2 The Committee shall consist
of up to thirty (30) persons
including persons representing
cultural
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
and performing arts
appointed by the City
the interests of C1VlC,
organizations
establIshed the Virginia Beach
("Committee")
of a broad-based group
Council,
business,
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3 The purpose of the Committee shall be to serve as
mechanism of engaging and involving local civic, business, cultural
and per[ormlng arts organizations in the planning, design, and
funding options for the proposed performing arts theatre
the
Center,
parking,
Capital
Project
4 The charge of the CommIttee shall be to assist with
development of a theatre of approximately 1,200 seats at Town
with a City investment of $35 million, including land and
within the general parameters outlined in the 2002-2003
CIP ~ 3-283, "Pavilion Theatre Replacement
Budget,
5 The Committee's duties shall conszst of meeting as
necessary, conferrzng with City staff and consultants to review and
comment on each phase of the proposed performlDg arts theatre, and
preparing quarterly reports to the City Council on the status of
the project and the Committee's observations
6 The Committee shall have its first meeting within 21
days of City Council's appointment of members and shall elect a
chair and vice chair at this initial meeting, the chair shall lead
Committee meetings and present reports to the Czty Council
7 The Department of Museums and Cultural Arts shall
provide staffing
8
shall stand
after the theatre
to the Committee
The Committee shall be
dissolved without further
completed and put
temporary in
action by the
into service
nature, and
City Council
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47 Adopted by the Council of the City of Virginia Beach,
48 Virginia, on the 4th day of February , 2003
CA-8709
ORDIN\NONCODE\ ar t stheat r eres wpd
R-5
January 17, 2003
APPROVED AS TO CONTENT
Chle ~'1 a~%cla 1cer
APPROVED AS TO LEGAL
b~rtment of Uaw
3
Item V-I 6
ORDINANCES
- 35 -
ITEM # 50733
Upon morton by Councdman Jones seconded by Councdman Maddox Cst) Councd ADOPTED
SUBSTITUTE RESOLUTION requesttng the Vtrgsnsa Board of Game
and Inland Ftsherses AUTHORIZE the Ct0 lo parttctpate sn the late
apecta[ muz, zleloathng season for the hunttng of deer o~ to extend the
regular deer hunttng season
Votsng 7-4 (By ConsenO
Councd Members Vottng Aye
Harry E Dsezel Margaret L Eure Rtchard~4 Maddox ,bm Reeve Ron
A Vsllanueva Rosemary PVtlson and James L ~good
Councd Members Voting Nay
Mayor Meyera E Oberndorf
McClanan and Peter W Schmsdt
Vtce Mayor Lores R Jones Reba S
Councsl Members Absent
None
February4 2003
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Alternative version
A RESOLUTION REQUESTING THE VIRGINIA
BOARD OF GAME AND INLAND FISHERIES TO
AUTHORIZE THE CITY OF VIRGINIA BEACH TO
PARTICIPATE
MUZZLELOADING
DEER
WHEREAS,
IN THE LATE SPECIAL
SEASON FOR THE HUNTING OF
as provided by the regulations of the Vmrgmnla
in
the City of Vmrglnma Beach ms October 1 through November 30 of
Board of Game and Inland Fmsherles, the regular hunting season
each year, and
WHEREAS, the samd regulatmons also provide
for an early
Monday in November,
muzzleloadmng guns, and
WHEREAS the
special muzzleloadlng season
special muzzleloadlng season in the Cmty of Vlrgmnma Beach from the
first Monday mn November through the Saturday prior to the third
durmng which time deer may be hunted wmth
said regulatmons also provide for a late
for the hunting of deer mn the area
west of the Blue Ridge Mountamns and mn certain cltmes and counties
east of the Blue Ridge, beglrinlng on the third Monday in December
and ending on the first Saturday in January of each year, and
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WHEREAS, the Cmty of
localmtmes mn whmch the late
authormzed, and
WHEREAS,
Vlrgmnma Beach ms not among those
special muzzleloadmng season
the Cmty Councml desmres to be mncluded among
the local~tmes mn whmch the aforesamd late special muzzleloadmng
season ms authorazed,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
That the Cmty Council hereby requests the Board of Game
and Inland Fmshermes to authorize the Cmty of Vmrgmnma Beach to
partmcmpate an the late specmal muzzleload~ng season for the
hunting of deer wath muzzleloadmng guns durmng the peraod begmnnmng
on the thmrd Monday ~n December and endmng on the fmrst Saturday an
January of each year, both dates mnclusmve
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That the Cmty council hereby requests the Board of Game
and Inland Flsher~es to consmder enhancements to the existing late
specmal muzzleloadmng season whmch may mnclude beg~nnmng the season
immediately followmng the end of the regular deer huntmng season on
November 30
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
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That the City Clerk shall forward a copy of this
Resolution to Mr R W Duncan, Chief of the W~ldl~fe Dmvlszon,
Department of Game and Inland F~sherzes, 4010 West Broad Street,
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Adopted by the Councml of the C~ty of Virginia Beach, Vzrgln~a
on the 4~h day of February, 2003
CA-8719
wmm\ ordr es \muz z le loadzngres wpd
February 4, 2003
R-2
Item V-I 7
ORDINANCES
- 36
ITEM # 50734
Jeanne Reporter President - League of Women Voters 617 San Pedro Chesapeake 547 3136
urged increased ctttzen partwtpatton
Cynthta Stdner 1141 New Market Drive Phone 467-1829 opposed any fitrther suburban development
south of Pnncess Anne Road
Anna Stdner 1141 New Market Drt*e Phone 467-1829 Sentor Gtrl Scout duntor at Landstown Htgh
School Prestdent- Young Ctttzens and Future Voters dtstrtbuted pettttons contatmng 44l stgnatures tn
opposttton
Upon motton by Counctlman Reeve seconded by Counctlman Maddox Ctty Counctl DEFERRED unttl the
Ctty Council Session of February 25, 2003
Resolutton to be modtfied on 2~25~03(change "Recetvtng" to
"Accepttng"), re report of Transttton Area Technical Advtsory
Committee (TA TAC} and notmg the Pubhc Comments on January 14 and
February 4 2003
Voting 11 0
Councd Members Votmg Aye
Harry E Dtezel Margaret L Eure Vtce Mayor Louts R dones Reba S
McClanan Rtchard A Maddox Mavor Meyera E Oberndorf dtm Reeve
Peter W Schmtdt Ron A Vdlanueva Rosemary Wdson and .lames L
[Vood
Counctl Members Vottng Nay
None
Councd M6mbers Absent
None
Februar) 4 2003
Item V-K
PLANNING
-37
ITEM # 50735
I HARBOURDEVELOPMENTCORPORATION, L L C
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
SUBDIVISION VARIANCE
February 4 2003
Item V-K 1
- 38
PLANNING
ITEM # 50736
Upon motton by Counctlman Jones seconded by Councdman Schmzdt City Counrd DEFERRED
INDEFINITELY Ordinances upon apphcations ofHARBOUR DEV'ELOPMENT CORPORA TlONfor
a CondtttonalChangeofZontng Conchtlonal UsePermttand VarlanceAppealtodectslonofAdmtntstrat~ve
Officers re certatn elements of the Subchviston Ordtnance Sectton 4 4(b) thal requires all newly created lots
meet the requtrements of the City Zonmg Ordmance (CZO)
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION L L C A VIRGINIA LIMITED LIABILITY COMPANY
FORA CHANGE Ob ZONING DISTR[CTCLASSIFICA T[ONFROMAG 1
AND AG 2 TO CONDITIONAL R-30
Ordtnance upon Apphcatton of Harbour Development Corporation L L C
a Vtrglnia hmited habthty company for a Change of Zoning Dtslrlct
Classlficatton from AG-I and AG-2 Agricultural Dtstrtcts to Condttional
R-30 Resldentml D~strlct on certain property located on the south side of
N Landing Road west of West Neck Road (GPIN #1493 58-7581) The
proposed zoning to Condttlonal R 30 is for single faintly land use on lot*
no less than 3O OOO square feet The Comprehenstve Plan recommends use
of this parcel for approprtate growth opportumt~es consiatent with the
economic vttahly poltctes of Vtrgmta Beach Sald property r ontam~ 65 1
acres DISTRICT 7 PRINCESS ANNE
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION L L C A VIRGINIA LIMITED LIABILITY COMPANY
FOR A CONDITIONAL USE PE~tlT FOR AN OPEN SPACE
PROMOTION
Ordmance upon Appllcatton of Hat bour Development Corporation L L C
a Virginia hmtted habthty cotnpan~ for a Condlttonal Use Permit for an
Open Space Promotion on certain property located on the ~outh side of N
Landing Road west of West Neck Road (GPIN #1493-58 7581) SaM
property contains 65 1 acres DISTRICT 7 - PRINCESS ANNE
AND
Appeal to Dectslons of Admimstrattve Officers tn regard to certain
clements of the Subdtvlston Ordinance Sltbdtvlslon for Harbour
Development Corporation Property ts located on the south side of N
Landing Road west of West Neck Road (GPIN #1493-58 7581) SaM
property contains 65 1 acres DISTRICT 7 PRINCE~S ANNE
February 4 2003
Item V-J 1
39-
PLANNING
ITEM # 50756 (Continued)
Vottng
11-0 (By ConsenO
Councd Members Voting Ave
Harry E Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba S
McClanan Rtchard A Maddox Mayor Meyera E Oberndorf Jtm Reeve
Peter W Schmtdt Ron A Vdlanueva Rosemary Wilson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members 4bsent
None
Febtuar34 2003
Item V-K 1
APPOINTMENT
4O
ITEM # 50 73 7
BY CONSENSUS City Councd RESCHEDULED the following APPOINTMENT
PERSONNEL BOARD
Februar3 4 2003
-41 -
Item V-N 1
ADJOURNMENT
ITEM # 50738
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 6 40 P M
Hooka CMC
C/uef Deputv City Clerk
~~--
Ctty Clerk
Mevera E Oberndorf
Mayot
C~ty of Vtrgtma Beach
Vtrgmta
February4 2003