APRIL 8, 2003 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4
HAP, RYE DIEZ, EL, Kempsvdle -Dtstrtct 2
MARGARET L EURE, Centervdle -Dtstrtct 1
REBA S McCLANAN, Rose Hall -Dtstrtct 3
RICHARD A MADDOX,, Beach -Dtstrtct 6
JIM REEVE, Princess 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, City Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES SMITH, lVllvlC, Ctty Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
8 April 2003
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
I. CITY MANAGER'S BRIEFINGS
-Conference Room - 2:00 PM
A,
Bo
CITIZEN SURVEY RESULTS
Catheryn Whitesell, Director, Department of Management Services
Nancy Glassman, President, Continental Research
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003-2004
City's Proposed Operating Budget - "Community For a Lifetime"
1. Economic Vitality
2. Cultural and Recreational Opportumties
II. REVIEW OF AGENDA ITEMS
m. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room - 5:00 PM
Ao
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CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
D. CERTIFICATION OF CLOSED SESSION
V. CITY COUNCIL INFORMAL DISCUSSION
VI. FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend David Householder
Providence Friends Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
Apnl 1, 2003
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. PUBLIC HEARING
1. LEASE OF CITY PROPERTY - Caf6 Franchise Agreements
J. PUBLIC COMMENT
1. RED LIGHT PHOTOGRAPHY SURVEILLANCE
K. ORDINANCES/RESOLUTION
o
Resolution DECLARING Citizen's Appreciation Day to be observed on Wednesdays
dunng the 2003 Resort Season and establishing a program to allow parking without charge
m certain City lots in the Resort Area on Wednesdays.
2. Ordinances re Open Air Caf6s:
o
.
o
o
.
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REVISE regulations on scope of ~mprovements on city property and operation re
permitted landscaping, waiter service windows, entertmnment hours, dispensing of
alcohol and solicitation of any type
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GRANT new Franchise Agreements:
1. Atlantic Bistro -
2. Baja Cantina -
910 Atlantic Avenue
206 23rd Street
Co
RENEW Franchise Agreements
1. Angelo's by the Sea -
.
3.
4.
5.
6.
7.
a. Boardwalk Caf6
b. Connector Park Caf6
Fish Bones Restaurant -
Guadalaara's -
Latitudes and Attitudes -
Rockfish Boardwalk Bar And Sea Grill -
Seaside Galley -
Waterman's Caf6 -
2809 Atlantic Avenue
1211 Atlantic Avenue
200 21st Street
2101 Atlantic Avenue
1601 Atlantic Avenue
1401 Atlantic Avenue
415 Atlantic Avenue
Ordinance to APPROPRIATE $81,630 from the Virginia Marine Science Museum
Foundation to the FY 2002-03 Department of Cultural Arts operating budget re the VMSM
Stranding Program.
Ordinance to ACCEPT and APPROPRIATE $2,075,000 in State and Federal Funds to
mandated programs administered by the Department of Social Services re adoption assistance
for special needs families, child care subsidies for eligible families and maintenance payments
for foster children.
Ordinance to TRANSFER $2,300,000 from the Instructional Category of the FY 2002-03
School Operating Budget to the Transportation Category for purchase of buses prior to May
First.
Ordinance to RATIFY amendments to the By-Laws of the Community Services Board (CSB)
re committee structure.
AUTHORIZE the City Manager to advise the lender, TowneBank, re 31st Street:
a. The City intends to complete Laskin Road Gateway
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The City extends its commitment NOT to promote a hotel at Rudee Loop until the
opening of the 31 st Street hotel on or about June 30, 2005
L. PLANNING
lo
RECONSIDERATION: Application of LYNNDUNES, INC. for a Change Of Zontng from
B-4 (SD) Resort Commercial with a Shore Drive Corridor Overlay to A-24 Apartment with
a PD-H 2 Overlay on the south side of Page Avenue west of Jade Street (3232 Page Avenue),
containing 38,986 square feet. (DISTRICT 5 - LYNNHAVEN)
Demed:
Recommendation:
January 14, 2003
APPROVAL
.
Petition for a Variance to Sectton 4 4 (b) of the Subdivision Ordinance that requires all newly
created lots meet all the requirements of the City Zoning Ordinance (CZO) for BAY
REFLECTIONS BUILDING, LLC on the east side of Watersedge Drive north of Kline
Drive, containing 5.10 acres. (DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
.
Petition for a Variance to Sectton 4.4 (b) of the Subdivision Ordinance that requires all newly
created lots meet all the reqmrements of the C~ty Zomng Ordinance (CZO) for JOSEPH and
CORRINE BENEDETTO, at 4183 White Acres Road, contalmng 17.13 acres. (DISTRICT
4- BAYSIDE)
Recommendation:
APPROVAL
.
Petition for a Variance to Sectton 4.4 (b) of the Subdivision Ordinance that requires all newly
created lots meet all the requirements of the City Zoning Ordinance (CZO) for SHORE
VENTURES, LLC, at Cullen Road and Independence Boulevard. (DISTRICT 4 -
BAYSIDE)
Recommendation:
APPROVAL
.
Application of CATHOLIC DIOCESE OF RICHMOND for a MODIFICATION of the
discontinuance, closure and abandonment of a portion of Arctic Crescent, by reducing the
area from 7,405.20 to 2,304 square feet. (DISTRICT 1 - BEACH)
Approved by Council:
Recommendation:
July 9, 2002
APPROVAL
.
Application of ROBERT K. and LANG X. BELL for a MODIFICATION of Proffer No.
_1 of a Conditional Zoning re the site plan for additional entrances to the site at 6041 Indian
R~ver Road. (DISTRICT 1 - CENTERVILLE)
Approved by Ctty Council:
Recommendation:
July 2, 2002
APPROVAL
.
Apphcat~on of OSCAR L. EVERETT, III for a MODIFICATION of Condition No. 1 of
the Use Permit re a freestanding s~gn for the car wash at 2530 Lynnhaven Parkway,
contaimng 3.124 acres. (DISTRICT 1 - CENTERVILLE)
Approved by C~ty Council;
Recommendation:
April 10, 2001
APPROVAL
Mo
.
Application of ST. NICHOLAS CATHOLIC CHURCH for a Condtttonal Use Permtt re
a wall mounted columbanum at 712 Little Neck Road, containing 11.959 acres.
(DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
.
Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for
a Condtttonal Use Permtt re church expansion at 2708 Princess Anne Road, containing
6.33 acres. (DISTRICT 7- PRINCESS ANNE)
Recommendation:
APPROVAL
APPOINTMENTS
PARKS AND RECREATION COMMISSION
THE PLANNING COUNCIL
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
2003 Time
Apnl 8
April 15
Apn122
April 24
April 24
April 29
May 1
May 1
May 6
May 13
3 00 pm to 6 00pm
2.00 pm to 5'00 pm
6 00 pm
2 00 to 5 00 pm
6 00 pm
6 00 pm
Resource Management Schedule
Economic V~tahty and Cultural and Recreational Opportunities RMP Workshop
Quahty Education and Lifelong Learning RMP Workshop
Quality Organlzat~on RMP Workshop
Safe Community RMP Workshop
Pubhc Hearing - Proposed FY 2003-04 Resort Management Planmng - Kellam
H~gh School - 6 00 P M
Quahty Physical Environment
Family and Youth opportunities RMP Workshop
Public Hearing -Proposed FY Resort Management Planning - City Council
Chamber - 6 00 P M
Reconciliation Workshop
City Council ADOPTION FY 2003-04 Resort Management Plan
C~ty Councd, in trying to be more responsive to the needs
of c~tizens who attend the meetings, has adopted
the following t~me hm~ts for future Formal
Sessions:
Apphcant or Applicant's Representative 10 Minutes
Attorney or Representative for Opposition 10 M~nutes
Other Speakers - each 3 Minutes
Apphcant's Rebuttal 3 Minutes
THESE TIMES WILL BE STRICTLY ADHERED TO.
Agenda 04/08/03 st
v~'w vbgov corn
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)
OUR #1~'~°~
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 Aprd 2003
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re CITIZEN SURVEY
RESULTS tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, Aprtl 8, 2003, at 2 O0
P.M.
Councd Members Present
Harry E Diezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim
Reeve, Peter W. Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Absent
Rosemary Wtlson [ENTERED 2 I O P M ]
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C I T Y MA N A G E R 'S BRIEFING
CITIZEN SURVEY RES UL TS
2:00 P.M.
ITEM # 51006
Mayor Oberndorf tntroduced Catheryn Whttesell, Dtrector of Management Servtces, who, tn turn, recogmzed
Nanct Glassman, Prestdent, and Jeanmne Perry, Semor Project Dtrector -Conttnental Research
Assoctates The Citizens Survey ts conducted to present a "benchmark"for ctttzen sattsfactton wtth the
Ctty's servtces Continental Research has conducted the last four (4) surveys for the Ctty, as well as a
vartety of other research stnce the 1970's Continental Research has conducted surveys for York County,
Hampton, Wdhamsburg, Norfolk, Chesapeake and Rtchmond, among others
Ms Glassman revtewed the Methodology for the Survey of Citizens The survey was conducted by telephone
tn February 2003 &mtlar studtes were conducted tn 1994, 1995, 1996, 1998 and 2000 the 2000
questtonnatre was reviewed, updated and then fully pretested by sentor staff Households were randomly
selected Professtonal tn-house tntervtewers made a mtntmal of stx (6) attempts to contact each restdent
Telephone calls were conducted 5 30 to 9. 30 P M (Sunday - Thursday) over a pertod of twenty-seven (2 7)
days Intervtews, on an average, were fifieen (15) mmutes each tn duratton The maximum margin of
error was denoted at +_ 4.4%. However, the majortty of data has an error of only +_ 2% Relattve the profile
of respondents, 76.8% owned their residence and23.2% rented with 71.4% living in single-family homes
The me&an age of head-of-household was 45.4years and the medial income was $55,151. 64.2% work in
Virginia Beach or from home with 38.8% holding a 4-year college degree. 43.2% have minor children in
the household.
Percent Who Agree V~rgama Beach ~s a Good Place to I_ave
100.0% -
90.0% -
80.0% -
70.0% -
60.0% -
50.0% -
40.0% -
30.0% -
20.0% -
10.0% -
0.O%
93.6% 94.0%
95.6% 95.2% 96.2% 96.6%
1994 1995 1996 1998 2000 2003
Aprtl 8, 2003
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C I T Y MA N A G E R 'S BRIEFING
CITIZEN S UR VE Y RES UL TS
ITEM # 51006 (Continued)
A "T" test ts utthzed to determtne stattsttcal stgmficance When two means are stgntficantly dtfferent, thts
denotes the differences are real as opposed to betng 'Just by chance" More people thmk Virginia Beach
is a "Good Place to Live" today compared to 2000 Everyone wants to hve tn a safe communtty 95.6%
beheve "Virginia Beach is a Safe Place to Live" 96.4% of those surveyed beheve "My Neighborhood is
a Safe Place to Live".
Accordtng to the recent Citizen Satisfaction Survey, nine (9) out often (10) Virginia Beach residents are
satisfied with City services 91.4% of residents are satisfied with the courtesy of City Members and 91.2%
are satisfied with the overall workperformance of Members The Ctty strtves to achteve at least 80%for
restdent sattsfactton rattngs Nineteen of the 31 services (and characteristics) received higher than 80%
and 15 of those scored at 90% or above The 10 highest rated services for satisfaction are:
--}Fmc Department 99 %
-}Parks 95 8%
-}Pubhc L~branes 95 6%
-}Opporturaues for volunteensm 95.2%
-}Appearance of C~ty Bmldmgs/Facthues 94.8%
-} Paramechc and Rescue Squad Services 98 %
-}The 911 Emergency Phone Center 95 7%
-}Recreauon Centers/Programs/Classes 95 6%
-}Pohce Services 95 %
-} Museums and Cultural Arts acuvmes 94 2%
Overall Satisfaction with City Services
100.0%
90.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
93.0%
94.8% 94.6% 94.8%
91.6%
93.2%
1994 1995 1996 1998 2000 2003
Aprtl 8, 2003
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C I T Y M A N,4 G E R 'S BRIEFING
CITIZEN SURVEY RES UL TS
ITEM # 51006 (Continued)
In the report, anecdotal informatton was tncluded relative the reasons ctttzens are dtssattsfied wtth certatn
servtces In many cases, the views were not based on first-hand expertence Relattve sattsfactton wtth the
"Flow of Traffic" at 39.2%, Ms Glassman beheves some of the dtssattsfactton stems from the recent
pubhctty of the failed Road Referendum The category, Planning and Construction of new City Roads,
(Percent satisfied: 49.4%) was reworded, the words "Planning and" were tnserted Based on the Ctty's "T"
test, the Ctty's communtcatton wtth restdents dtd have a stgntficant tncrease (Percent satisfied: 79.2%)
Charts were also deptcted concermng utdtzatton of servtces wtthtn the past twelve (12) months
Most surveys encompass "300" cittzens, as a sample stze Continental Research uttltzes a survey
encompasstng 500 ctttzens to have the capactty to break the data out t e &fferent age groups, one portton
of the city as compared to anotherportton of the Ctty Informatton shall be provtded relative services where
a stgntficant decrease of satisfaction occurred The data concermng registered and non-registered voters
ts segmented after the completion of the survey Market research must be very careful relattve protecting
the respondents 'privacy Vtrgtnta Beach compares very favorably to many other ctttes The City should be
proud A newer ctty, whtch does not have the problems of an older ctty will rank htgher on many attrtbutes.
Relattve racial and ethnic breakdowns Ms Perry, advtsed the breakdown ts tndtcated on Page 29 of the
report
77.6% Caucasian
13.4% African-American
4. 4 % Asian/Pacific Isle~Filipino
3.2% Hispanic
1.2 % Native American
0.2 % Other categories
The Ctty Manager advtsed the Ctty's growth rate ts approxtmately 6/10 of l %.
Ms Glassman advtsed the goal ts to have 80% of the people satisfied, which allows for the 20% "cranky
factor".
Mayor Oberndorf expressed apprectatton and advtsed the survey was very reassurtng
Aprtl 8, 2003
-5-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget- "Community for a Lifetime"
2:45 P.M.
ITEM # 51007
Catheryn Whttesell, Dtrector of Management Servtces, advtsed the Workshops are destgned to provtde Ctty
Counctl members an opportuntty to speak dtrectly wtth the Department Dtrectors and pose questions
relattve tssues Economic Vitality section of the Resource Management Plan encompasses: Agriculture,
Convention and Visitor Development, Economic Development and Housing and Neighborhood
Preservation.
Economic Vitality
$55,324,879 Total Budget
31 83% Federally Funded
28 73%funded through the Tourtsm Adverttstng Program
(TAP), Agrtcultural Reserve Program (ARP), Tax
Increment Ftnanctng (TIF), Town Center Spectal
Service Dtstrtct (SSD) and the Parking Enterprise Fund
20.80%funded through Tourism Growth and Investment Fund (TGIF)
18.64%funded through the General Fund
181.23 Full Time Employees (FTE), 1.64 growth over FY 2002-03
Includes the Cigarette Tax Increase adopted January 2003.
Mayor Oberndorf referenced her attendance on Saturday, Aprtl 5, 2003, at the Black &Whtte Ball, the fund
raiser to benefit the SPCA. Bruce Rader was the Master of Ceremonies for the Celebrity and Pet Fashion
Show Mr. Rader remarked that the Ctty of Vtrgtnta Beach dtd not contrtbute to the SPCA Ms Whttesell
advtsed the Ctty contrtbutes $30, O00 per year Many years ago, wtth the adoptton of tncreases tn ammal
control fees and a cat hcenstngfee, the Ctty agreed to donate up to $30,000 a year to the SPCA A letter
wtll be written to the SPCA and Mr. Rader correcttng thts error
A GRICUL TURE
Wtlham J Whttney, Director of Agriculture, advised'
The Mission of the Department of Agriculture ts to provtde leadershtp,
coordtnatton and educatton to enhance the economtc vttahty of the Ctty's
agricultural industry and the preservation and enhancement of tts quahty
physical environment, to assist ctttzens tn strengthening thetr famthes and
to provtde citizens and visitors with cultural and recreattonal opportunities
by preservtng our agricultural and rural herttage
Fun&ng ts chrected toward 77 21% -Agrtcultural Preserve Program (APR), 15 50% - Personnel, and,
7 29% Operattons The Farmers Market, Vtrgtnta Cooperattve Extenston Servtce and Vtrgtnta DARE Sod
and Water Conservatton Dtstrtct are housed wtthtn the Department of Agrtculture The Budget encompasses
$4,94 7, 497 and $196,203 tn non-approprtated state funds
Aprtl 8, 2003
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RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003- 2004
City's Proposed Operating Budget - "Community for a Lifetime"
ITEM # 51007 (Continued)
Current Services
Development Rtghts purchase over 6,300 acres
through the ARP Program (towards the goal of
20, 000 acres and anttctpate reachtng thts goal
tn 15 years)
100% Occupancy of Farmers Market
Productivity Enhancements
More than $650,000 saved through Volunteer servtces
(Masters Gardners Program -215 Master Gardners
generated over 1 I, 000 hours of volunteer work,
No 1 tn the Commonwealth of Vtrgtnta)
Habitat Enhancement Committee (HEC) funded
Environmental projects
Trends
State Funding conttnues to be a concern, whtch ts
prtmartly tn the Co-operattve Extenston Program
Communtty interest tn satelhte Farmers Market
Comprehenstve Plan update to address Rural Urea
Preservatton
Stattsttcs tn&cate there are now over 80% more Farmers Markets extsttng tn the Untted States Thts Summer
a program wtll be launched entttled "Farmers Market Road Show" There ts a healthy group of farmers
tnterested tn parttctpattng tn thts project Thts wtll not tnvolve an tncrease tn the Operattng Budget Rural
Urea Preservatton ts a growtng tssue of concern wtth tnterest tn the communtttes and region Two weeks
ago, the Vtrgtnta Beach Agrtculture Department parttctpated tn a Jotnt Workshop wtth thetr counterparts
tn Chesapeake One of the prtmary concerns was the tssue of Rural Area Preservation The department has
been worktng through the Agricultural Advtsory Commtsston wtth the Planntng Department to present a
more detatled and responstve component of the Comprehenstve Plan deahng wtth the tmportant tssue of
Rural Preservation Over 90% of theparttctpants tn the 4H programs are not from the rural areas, but from
the enttre regton Last year, Agrtculture contrtbuted $52-MILLION to the local economy The Farmers
Market has extsted at its current locatton for twenty-seven (27)years It moved from tts prevtous locatton
on Dtamond Sprtngs Road The Satelhte Farmers Market would not be a substttutton, but a companton to
the extsttng Farmer's Market Mr Whttney wtll have to research the number of farm workers, as some
workers do come from out of the country Other than seasonal workers, tnformatton relattve the number
of people employed in the farmtng mdustry shall be provtded There are fewer farms, but the land acreage
stays approxtmately the same Below the Green Ltne, there ts approxtmately 42,000 acres of agrtcultural
zonedproperty 22, 000 acres are sttll tn acttve culttvatton Over and above thts acreage, there arepasture
lands, stlver culture and vegetable crops which equate to approxtmately 27,000 acres There are more
spectahty type operattons Dtverstficatton ts very tmportant and the tra&ttonal row crop frammg ts betng
done by fewer people The acreage rematns the same
Aprtl 8, 2003
-7-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget- "Community for a Lifetime"
ITEM # 5100 7 (Continued)
Mr Whttney advtsed a survey was conducted of approxtmately twenty (20)farmers Ftve or stx have
tndtcated a strong commttment to parttctpate tn the Farmer's Market Road Show The farmers wtll be
tnvtted to asstst tn the planmng of thts show relattve locattons, ttmes and days of the week
CONVENTION AND VISITOR DEVELOPMENT
James B Rtcketts, Dtrector, Conventton and Vtsttor Development, advtsed
The Mission of the Department of Convention and Visitor Development ts to
facthtate the creatton and enhancement of conventton, tourtsm, spectal events
programs and resort-related tmprovements tn order to maxtmtze tax revenues
The Departmental Budget for Convention and Visitor Development is slightly over $27,692,994. The
Tourism Growth Investment Fund (TGIF) and the Tourism Advertising Program represent 68 8% of the
Budget The TGIF and TAP fund represented a 5 6% growth over FY 2002-03 Both of these funds are
dedtcated prtmartly to Tourtsm related taxes There has been a 4. 64% tncrease in Full Ttme Employees
(FTE's) 3 FTE 's to support the new Convention Center, 1 FTE for tourtsm sales and 64 FTE from part-ttme
to full-ttme converston
Current Services
Tourism Marketing and Promotton
Conventton Sales and Servtces
Conventton Center Operattons
ProJect Coordtnatton of Resort Area CIP ProJects
Resort parktng Operattons
Productivity Enhancements
Increase Coordtnatton of Volunteer Recruttment Effort
Deployed a Comprehensive Computer apphcatton used to
manage and book Conventton Facthty and Tourtsm Shows
New Services and Service Reductions
Departmental Reorganization to emphastze new markets for the
new Conventton Center
Ehmtnatton of Oceanfront Entertainment Program
New postttons for new Conventton Center
Trends
Increased Demand for Onhne Travel Planmng
Increased Out-of-Town Vtsttors to the Ctty
Letsure Travel ts forecast to tncrease
Aprtl 8, 2003
-8-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget - "Community for a Lifetime"
ITEM # 5100 7 (Continued)
The staff wall asstgn an tnchvtdual Co-ordtnator for Volunteer recruttment The entertatnment on the stde
streets ts the Beach Street Program and that ts funded through the TGIF and fully tntact The Oceanfront
Entertatnment program ts bastcally the ongotngfree datly entertatnment tn the parks, at the Legends Walk
and the fireworks The Oceanfront Entertainment program tssue has, hopefully, been resolved Thts
program was $145,000 short An ordtnance dedtcates 1/2% hotel tax to the Special Events Program Thts
fun&ng amounts to shghtly over $91,000 On July 1, 2003, these funds wtll be apphed to the defictt for the
general entertatnment program $9,000 wtll also be provtded from the Tourtsm Adverttstng Fund for a total
of $100, O00 Thts wtll take the Special Events Program through the Summer season and the Fall to be
comparable to last year's program The fun&ng coming tn ts ahead of proJections There should be close
to $50,000 available next Fall for a total of $150,000 Thus, the funding will be avadable to operate the
General Entertatnment Program next fiscal year. The one dollarper Room Tax for January increased 32%
The Travel Assoctatton of Amertca has projected there wdl be a 2% tncrease tn vacatton travel for thts year
It wtll probably be 2005 or 2006 before the tourtsm mdustryfully recovers
Final Thoughts
Success of Strategic Plan for Tourtsm Industry rehes on
conststent allocatton of resources to value-productng
compettttve methods
FY 2003-04 Budget begins to ahgn resources to reahze
competttive advantage, espectally tn technology, product
development and workforce development
The number of total events tn the new Conventton Center are projected to be ttppled over the old facdtty.
Relative the Wright Brothers, Outer Banks event, the State's program, because of lack of fun&ng, was
cancelled Mr Rtcketts will contact the Co-or&nator for thts event to determine this City 'S involvement
Informatton shall be provtded relattve the number of years, the 24tn Street Stage/roof/dressing and storage
areas rebuilt facility wtll endure and be more weather reststant Relattve the Net Dtrect Revenue Chart on
Page 2-10 of the Conventton and Visttor Development Revenue Operating Budget, a chart deptcttng
increases tn expendttures was created to reflect the net revenue A chart shall also be furnished deptcttng
the projected revenues and expendttures as a result of the new Conventton Center
ECONOMIC DEVELOPMENT
Mayor Oberndorf tntroduced Donald Maxwell, Dtrector of Economic Development. Mayor Oberndorf
advised Governor Mark R Warner today announced that Cendant Corporation, New York Ctty, a leachng
provtder of travel and restdenttal real estate services, wtll relocate tts Car Rental Group's Shared Servtces
Center to the Ctty of Vtrgtnta Beach, creattng 187 new jobs(equating to average salaries of $52,1OO plus
benefits) for Virginians. Governor Warner met wtth Cendant offictals at the company's corporate
headquarters during hts economic development marketing mtsston to New York Ctty thts week In 2002,
Cendant brought l OO jobs to Vtrgtnta Beach when tt opened its new human resources call center, The
Answer Place The new Shared Servtces Center will be located tn the recently-acqmred and refurbtshed Avts
Butlchng located at 300 Centre Potnt Drive Vtrgtnta successfully competed with New Jersey, Ilhnots and
Flortda for the $1.6-MILLIONinvestment The Vtrgtnta Economtc Development Partnershtp and the Ctty's
Department of Economtc Development asststed Cendant wtth its dectston
Aprtl 8, 2003
-9-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget- "Community for a Lifetime"
ITEM t4 51007 (Continued)
Mr Maxwell expressed appreciation to the Mayor, Ctty Counctl, the Development Authortty and the Counctl
Ltatsons Vtce Mayor Jones and Counctl Lady Eure. The Governor just made thts press announcement tn New
York City at 3 O0 P M today, Aprtl 8, 2003
Mr Maxwell advtsed
The Mission of the Department of Economic Development ts to develop,
tmplement and matntatn programs that factlttate the creatton ora chverstfied,
continually expandmg, dynamic economy through the development of and
tnvestment tn new, targeted businesses and the enhancement of extsttng
busmesses by creating quahtyjobs, htgher wages and low tax rates, as well as
encouragtng retentton and expanston acttvtttes to enhance the overall qualtty
of llfe tn Vlrgtnta Beach
The Operating Budget for Economic Development is $1,854,333. The prtmary resource ts 1/2¢ dedtcatton
from the cigarette tax $50, O00 from this will be dechcated to the long term maintenance of the ,'lmphttheatre
There ts approximately a $31,000 increase tn internal service charges (risk management and information
technoIog)9 $I, 772,486funding is provided for Town Center This ts derived from the Tax Increment
Ftnanctng (TIF) Dtstrtct topayfor the new constructed garage facility and the office tower at Town Center
Ftfty Cents (50¢) on the spectal servtce rate whtch ts for enhanced matntenance on the block matntatntng
the garage, sweeptng streets, pressure washtng stdewalks, general landscaptng, etc Sixty (60%) percent
or over SI-MILLION of the Economtc Development Department fundtng of $1,854,333, ts for Personnel
and Frtnge Benefits, wtth the rematnder for operattons There ts approxtmately $350, O00 for the markettng
acttvtttes for the year
Current Services
Marketing to attract Targeted Bustnesses
Asststtng extsttng bustness for retentton and expanston
Workforce development
Support for the Vtrgtnta Beach Development ,'luthortty
Productivity Enhancements
Partnered wtth Ttdewater Commumty College (TCC) and Schools
for Workforce Development
Enhanced Matertals on Webstte
Altgned industry targets of Hampton Roads Economtc Development
Alltance (HREDA) with those of Vtrgtnta Beach
New Services
Defense Contractor Summtt tn October
Enhanced Travel Schedule
Revtew of Retatl Trade/Coordtnate Study
Aprtl 8, 2003
-10-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget - "Community for a Lifetime"
ITEM # 51007 (Continued)
Trends
Future Job Growth tn Computers, Math and Health Care
More than 90% of U S ctttes are currently expertenctng a decltne
tn Business Attracttons/Expanstons and dob Creation
Increased Global Competition
Mr. Maxwell advised co-ordinating wtth Paul Harrts, Management Services, relattve purchastngpower and
amount of salartes received, which appear to be low, but do not include retirement Mr Harris ts also
worktng with Lyle Sumek, Factlttator, and the tnformatton should be recetved next week
Final Thoughts
Economtc Development Investment Program (EDIP) fundtng
Dtmtntshtng Vacant Land/Redevelopment Pohcy
Emphasts on Strategtc Approach
Regtonal Markettng Hampton Roads Economic Development
Alhance (HREDA)
Cynthta Whttebred-Spanouhs - Strategy and Performance Co-Ordtnator, chstrtbuted correspondence and
a per captta compartson of Hampton Roads Cities Budget Expenditures for Economic Development In
January, the Economtc Vttaltty Strategtc Issue Team brtefed Ctty Counctl on a vartety of economtc vttaltty
issues tncludtng retatl development. At that ttme, the Ctty Counctl constdered thts ttem to be of great
tmportance and the Department of Management Servtces dedtcated $150,000 towards the completton ora
comprehenstve retatl studyfrom the Capttal lmprovements Program fund for Economtc and Tourtsm Studtes
A "Scope ofServtces" ts currently being completed for the study that ts planned to be released durtng the
month of Aprtl The selectton process ts esttmated to be completed no later than July l't and the actual
comptlatton of the study wtll take approximately stx (6) months Economtc Development hopes to have a
Draft of the study to the Ctty Counctl in December 2003
HOUSING AND NEIGHBORHOOD PRESERVATION
Andrew M Frtedman, Dtrector- Housing and Neighborhood Preservation advtsed
The Mission of the Department of Housing and Neighborhood Preservation
ts to preserve and enhance the quahty and hvabthty of the City's housing and
neighborhoods to matntatn the value of the real estate tax base, and to promote
the economic vttahty of the Ctty
Housing and Neighborhood Preservation's Budget consists of $19,141,986 91% ts dertved from the
Federal Government There are 66 Full Ttme Employees (FTEs) This stgntfies a decrease of one (1), who
was transferred to the Informatton Technology Department 74% of the funds are dtstrtbuted to tndtvtduals
on behalf of rent, repatrtng thetr homes or dtrectly to non-profit organtzattons who serve the ctttzens Only
22% ts actually uttltzed for departmental operattons
April 8, 2003
-11-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget - "Community for a Lifetime"
ITEM # 51007 (Continued)
Current Services
Code Enforcement - next year, 40, 000 tnspecttons are projected
Ftnanctal Asststance to Home Owners, Preventtng Homelessness
and Rental Asststance
Netghborhood Servtces- tncludtng Netghborhood Leadershtp Course,
Youth programs tn the Summer provide servtces to approxtmately
3, O00 youth annually, as well as an adult computer tratmng program
(Partnered wtth local businesses and the Ctty's Informatton Technology)
Nattonal grants are recetved t e Gates Foundation, to asstst tn
conducttng thts program
Productivity Enhancements
Code Enforcement Database and Houstng Chotce Voucher Database
*Many servtces provided through contracts and non-profits
Home Repatr and Rehab by Prtvate Contractors
New Services
Houstng Stock Survey
Netghborhood Improvement projects
Trends
Increased Local Usage of Housing Chotce Vouchers
Agtng Houstng Stock
* Volunteers are betng utthzed to asstst with Code Enforcement and other problems tnvolvtng stgns tn the
rtght-of-ways and recreattonal vehtcles Partnerships asstst tn creattng value for the ctttzens t e Restde wtth
Prtde, Patnt Your Heart Out (worked wtth Counctlman Wood and others tn securtng mvolvement of the
Rotary Club)
Final Thoughts
Conttnued Management of the Ctty's Agtng Housing Stock
Netghborhood Revttahzatton Strategy
Federal Pohcy Issues
For FY2003-04, tt ts esttmated there wtll be an addtttona13 50 families parttctpattng tn the Housing Choice
Voucher Program (Section 8 Housing) This will bring the city-wide number to about 1,700families
Section 8 are not actually units The units do not actually exist but change as people choose houses to rent
Thus, the housing ts totallyprtvate landlords andprtvate choice The units have topass an annual inspection
and everyone ehgtble for the program must go through criminal record check If the participant ts tn the
Ctty 's program, they are notprovtded asststance or able to lease an apartment unttl a criminal record check
has been performed There are apartment bmldtngs which have recetved thetr own substdy dtrect from HUD
and tt ts thetr responstbihty to have the tenants screened and manage the untts If these are Sectton 8
Houstng, then the Ctty must perform the crtmtnal checks
Aprtl 8, 2003
- 12-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004
City's Proposed Operating Budget - "Community for a Lifetime"
ITEM # 51007 (Continued)
Mr. Frtedman advtsed the Neighborhood Information System can provtde data relattve changes tn
assessment overpertods of ttme The Department also has tnformatton relattve each census block group Mr
Frtedman advtsed the data will be uttltzed to revtew the htghest needs and opportuntttes tn whtch to focus
the resources Mr. Frtedman advtsed the data shah be provtded to Ctty Counctl Relattve Section 8,
approxtmately 23% of the households are headed by dtsabled and 12% by elderly tndtvtduals. Thus, many
tnvolved tn theprogram havepermanent fxed tncomes Relattveparttctpants tn Section 8, the total move-tns
to Vtrgtnta Beach are far less than 1/I0 of l % Section 8 ts not a stgntficant factor tn attracting tndtvtduals
to the Ctty The total stze of the program represents only 1% of the total housing units in the City.
Relattve deterioratton of Rose Hall, this area was not targeted for enforcement The Code Inspectors go
where the need ts the greatest
Council Lady Eure referenced many complatnts tn her Dtstrtct relattve Section 8 houstng Counctl Lady
McClanan expressed concern relative Section 8 housing tn her chstrtct and the number t~rental housing
untts sectton 8 Houstng Dtvtston coordtnates and facthtates the vartous Sectton 8 rental substdy programs,
tncludtng Family Self Sufficiency, Portability, Project Based HUD Mortgage converston and spectal
allocations for spectal groups such as the handtcapped/dtsabled Mr Frtedman dtstrtbuted hts
correspondence of Aprtl 13, 2001, relattve the Section 8 Housing Program.
CULTURAL AND RECREATIONAL OPPORTUNITIES
Ms Whitesell advtsed the Cultural and Recreational Opportunities area conststs of the Departments of
Museums and Cultural Arts and Parks and Recreation Total Budget ts $33,891,705. 53.19% is funded
through fees and 44.16% through the General Fund The Dtvtston conststs of 740. 79 Full Time Employees
(FTE's) (15) FTE Growth over FY 200-023, 412 79 Part-ttme Employees (FTEs and 328 Full-Ttme
Employees) Of the $62 9-MILLION over the Capttal Improvement Program, 82 25% or $5] 75-mtlhon ts
for Replacement and Renewal
MUSEUM AND CULTURAL AR TS
Lynn Clements, Dtrector, Museum and Cultural Arts, advtsed
The Mission of the Department of Museums and Cultural Arts ts to develop
a cultural envtronment tn Vtrgtnta Beach that encourages publtc tnvolvement
tn the arts, sctences and htstory.
The Operating Budget ts comprised of $7,170,079. Thts ts a 4.4% decrease from FY2002-03 There are
132.35 Full Time Employees (FTEs) Thts ts a 1.23 decrease due to reduced part-ttme The l/'trgtnta
Martne Sctence Museum has a spectal revenue account, whereby, the revenue earned tn admtsstons,
membershtp sales and museum storeprovtdes 88% of the Museum's annual operattng costs Unfortunately,
the State grant has not been provtded as tn the past etght to ten years Thts General Assembly closed wtth
all non-state agenctes not funded $500,000 ts expended on costs of goods for the Museum Store and last
year, $1 I-MILLION was grossed
Aprtl 8, 2003
- 13-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003- 2004
City's Proposed Operating Budget - "Community for a Lifetime"
ITEM # 51007 (Continued)
Current Services
Operattons of the Vtrgtnta Martne Sctence Museum for over
590, 000 visitors
Support for Vtrgtnta Beach Arts and Humantttes Commtsston
Vtrgtnta Beach Htstortc Houses and Preservatton
Productivity Enhancements
$11Z 500 Federal Grant Fundtngfor FY 2003-04
Vtrgtnta Martne Sctence Museum IMAX Commerctal Ftlm Intttattve
SI-MILLION saved through volunteers
New Services and Service Reductions
Expanston of Vtrgtma Martne Sctence Museum Parking
Vtrgtnta Beach Arts and Humantttes Commtsston to award
55 grants, 4 more than FY 2002-03
Dtsconttnue operatton of Adam Thoroughgood House
Trends
FY 2002-03 Ytrgtnta Marine Sctence Museum Revenues are up almost
Worldwtde IMAX Attendance dechne
Increased interest tn cultural organtzattons
Aging infrastructure
Ms Clements referenced a $535,000 maintenance contract on a complex 3-D IMAX Projector However,
IMAX grossed $950,000 last year
Re chsconttnutng operatton of the Thoroughgood House, thts ts the worst case scenarto, Ms Clements sttll
has fatth the Thoroughgood House, whtch ts owned by a bequeath to the Ctty of Norfolk, can still be
operated by the Ctty
All of the pumps tn the Phase II expanston have fatled and requtred replacement Thts entatled a cost of
$70,000 An addtttonal $43,000 was necessary to expend for repairs to the seal aquartum $75,000 has been
allocated wtthtn the Operattng Budget to asstst wtth conttnutng matntenance needs.
Final Thoughts
Strategtc Intttattves to tmprove Vtrginta Marine Sctence
Museum Attendance
Agtng tnfrastructure, equtpment and butldtngs
Performing Arts Theatre
April 8, 2003
- 14-
RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003- 2004
City's Proposed Operating Budget -"Com m unity for a Lifetime"
ITEM # 51007 (Continued)
Membershtp has been tncreased 20% The Exhtbtts are twenty (20) years oM and the Vtrgtnta Martne
Sctence Foundatton ts commttted to worktng wtth the Ctty to revttahze the exhtbtts There wtll be addtttonal
new ammals tn the back of the matn butldtng. Emtly Spurtll wtll be worktng as ProJect Manager re the
Performtng Arts Theatre.
Relattve the expansion of the Museum, Ms Clements advised the Department has been meettng wtth an
Archttect to renovate the matn buildtng exhtbtts Thts should asstst wtth the revenue stream to go ahead and
expand A bustness plan wtil be conducted tn the Fall wtth the College of Wtlham and Mary Completton ts
esttmated tn December Thts plan should provtde chrectton for the future
Two Prescott Grants, totaling $180,000, have been recetved for Stranding, whtch asststs wtth the operatton
The lease for the current location of the Strandmgfacthty does not exptre unttl May 2006 Museums would
hke to relocate thts building and wtll probably be requesttng asststance wtth thts relocatton next year
Relattve the Thoroughgood House, the Ctty Manager advtsed he had conferred wtth the Ctty of Norfolk
relattve the posstble gifting of the House to Virginia Beach and also regarding a long term lease If
arrangements cannot be made by the end of June, the Operatmg Budget contemplates operation of the
Thoroughgood House could not conttnue Stnce the City of Vtrgtnta Beach has assumed operations, the
attendance has been trtpled Investments need to be made tn thts property Ms Clements advtsed a Volunteer
program commenced on July Ftrst Twelve (12) docents have been tramed and are presently conducttng
acttvtttes at the Thoroughgood House
Relattve the namtng rtghts of the IMAX Theatre, Ms Clements advtsed one more payment rematns on the
gtft from the Fox Family Channel When thts exptres, another opportuntty wtil be revtewed However, the
Fox Famtly Channel wtil have first rtght of refusal
Concermng the Performtng Arts Theatre, Steven Thompson, Chtef Ftnanctal Officer, advtsed he had
conferred wtth the School Board relative the jotnt use Essenttally, the project ts "on hold" The Mayor
advtsed she, the Vtce Mayor, the Ctty Manager met wtth Chatrman Edwards, Vtce Chatrman Rose and Dr
Jenney, Supertntendent- Virgtnta Beach Ctty Schools Schools adwsed there ts no fun&ngfor thts project
Vtce Mayor Jones satd the commtttee for the Performing Arts Theatre should not be appotnted unttl the
opttons and charge are apparent
Mr Thompson advtsed there ts a tentative dollar amount and a process forpaytngfor the Theatre However,
the issue unresolved ts the site There are negotiations undergoing relattve the parcel of land on which the
Theatre will be located Originally, the Theatre was to be located on Block 9 at Town Center Block 11 was
revtewed Block 7 became more attracttve Currently the Ctty ts constdertng Block 7, but there ts also
another block which wtll work well Wtth a proposal comtng forward, the Theatre may be movtng out of
Town Center, however, Ctty Counctl chrected the Theatre be located tn Town Center Mr Thompson
envtstoned the Theatre Commtttee betng stmtlar to the Convention Center Steering Committee and wtth the
addttton ora fund ratstng Commtttee The seattng area wtil be approxtmately 1200 seats There ts a concept
plan reflecttng the program needs A cap of $35-MILLION tn Ctty fundmg for the project has been
sttpulated wtth an educattonal component Two alternattves wtll be presented to Ctty Counctl relattve
locatton
Councd Members Schmtdt and Wood are Ltatsons to the Performtng Arts Theatre They wtll confer wtth
Ctty staff to determine the cost and advtse the School system to formulate the detatls of thetr proposal
AprtI 8, 2003
- 15-
AGENDA RE VIEW SESSION
5:15 P.M.
ITEM # 51008
The Ctty Manager requested the Aprt115, 2003, Ctty Counctl Workshop commence at 2:00 P.M. rather than
3:00 P.M., as regularly scheduled Skidmore Ownings & Merrill LLP (SOM) wtll present a status report
and Turner Constructton will detatl the Constructton Management process relattve the Conventton Center
Thts wtll be followed by the Quahty Educatton and L~fetong Learmng Resource Management Plan
Workshop
ITEM # 51009
The Ctty Clerk referenced a correctton to the Ctty Councd Agenda
PUBLIC COMMENT
RED LIGHT PHOTO ENFORCEMENT PIIOTOGRAPIIY 5L52 VEILLANC£
ITEM # 51010
K1
Resolutton DECLARING Citizen's Appreciation Day to be
observed on Wednesdays durtng the 2003 Resort Season and
estabhshtng a program to allow parktng without charge tn
certatn Ctty lots tn the Resort Area on Wednesdays.
Counctlman Maddox advtsed thts parking wtthout charge entails the followtng parktng lots 4'n Street, 18tn
Street, 19th Street, 2Y~ Street and 31~ Street Parking Lots Theparktng meters are not tnvolved Wednesday
was ptcked because of the addtttonal parktng capacity $1 O0 unlimtted rtdershtp wtll be avatlable 7 days
a week on the HRT Wave This will entail a cost of $35,000 Thts day will entail the leastfiscal impact
ITEM # 51011
K 20rdtnances re Open Atr Cafds
a. REVISE regulattons on scope of tmprovements on ctty property and
operatton re permttted landscaptng, watter servtce wtndows,
entertainment hours, chspenstng of alcohol and sohcttatton of any type
b GRANTnew Franchise Agreements
1 Atlanttc Btstro
2 Baja Canttna
- 910 Atlanttc Avenue
- 206 23rd Street
c RENEWFranchtse Agreements
1 Angelo's by the Sea
a Boardwalk Cafd
b Connector Park Cafd
2 Ftsh Bones Restaurant
3 Guadalaara's
4 Latitudes and Attttudes
5 RockfishBoardwalkBar
And Sea Grdl
6 Seastde Galley
7 Waterman's Cafd
2809 Atlanttc Avenue
1211 Atlanttc Avenue
200 21st Street
2101 Atlanttc Avenue
1601 Atlantic Avenue
1401 Atlanttc Avenue
415 Atlanttc Avenue
Aprtl 8, 2003
-16-
AGENDA RE VIEW SESSION
ITEM # 51011 )Continued)
The Ctty Attorney dtstributed a REVISED Or&nance re Open Atr Cafd' regulations re improvements on
ctty property and operatton re permttted landscaptng, watter servtce wtndows, entertainment hours,
dlspensmg of alcohol and sohcttatton of any type (Item 2 a) The City staff dld not wish to mandate a (5)
foot plantmg bed, therefore, the wor&ng has been changed to "not less than 5feet, nor more than lO feet"
Councd Members Wdson and Eure expressed concern relattve Section 2c "No bar(s) or &spensmg of
alcohol wall be allowed wtthm any Category A, B, C or D cafd' "Alcohol must be &spensed to be
consumed Thts wor&ng shall be clarified
ITEM # 51012
K3
Ordtnance to APPROPRIATE $81,630from the Vtrglma Martne
Science Museum Foundation to the FY 2002-03 Department of
Cultural Arts operating budget re the VMSM Stranding
Program
Ms Clements advised the cost reflects the fringe benefits of hlrtng two full-tlme eqmvalent positrons The
Foundation, through the Grant, wdl cover the total cost of employing these m&vtduals
ITEM # 51013
B Y CONSENSUS, the following shall compose the CONSENT AGENDA:
K1
Resolutton DECLARING Citizen's Appreciation Day to be
observed on Wednesdays during the 2003 Resort Season and
estabhshtng a program to allow parking without charge tn
certain Ctty lots tn the Resort Area on Wednesdays.
K 20rdmances re Open Atr Cafds
b GRANT new Franchtse Agreements
1 Atlanttc Btstro - 910 Atlanttc Avenue
2 Baja Canttna - 206 23ra Street
c RENEWFranchtse Agreements
1 Angelo's by the Sea
a Boardwalk Cafd
b Connector Park Cafd
2 Ftsh Bones Restaurant
3 Guadalaara's
4 Latitudes and Attttudes
5 RockfishBoardwalkBar
And Sea Grtll
6 Seastde Galley
7 Waterman's Cafd
2809 Atlanttc Avenue
1211 Atlanttc Avenue
200 21't Street
2101 Atlanttc Avenue
1601 Atlanttc Avenue
1401 Atlanttc Avenue
415 Atlanttc Avenue
Aprtl 8, 2003
-17-
AGENDA RE VIE W SESSION
ITEM # 51013 (Continued)
K.3
K4
K5
K6
K7
Or&nance to APPROPRIATE $81,630from the Virginia Marine
Sctence Museum Foundation to the FY 2002-03 Department of
Cultural Arts operating budget re the VMSM Stranding
Program
Ordtnance to A CCEPT and APPR OPRIA TE $2,0 75, 000 tn State
and Federal Funds to mandated programs admtmstered by the
Department of Soctal Servtces re adoptton asststance for spectal
needs famthes, chdd care substdtes for ehgtble famthes and
maintenance payments for foster chddren
Ordtnance to TRANSFER $2,300,000 from the Instructtonal
Category of the FY 2002-03 School Operatmg Budget to the
Transportation Category for purchase of buses prtor to May
Ftrst
Ordtnance to RATIFY amendments to the By-Laws of the
Communtty Servtces Board (CSB) re commtttee structure
AUTHORIZE the Ctty Manager to advtse the lender,
TowneBank, re 31~ Street:
a The Ctty tntends to complete Laskin Road Gateway
The Ctty extends tts commitment NOT to promote a hotel
at Rudee Loop unttl the opening of the 31st Street hotel on
or about June 30, 2005
Counctl Lady Wtlson will ABSTAIN on Item K 7 (31~ StreeO as her husband ts a prtnctpal tn the
accounting firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually
Goodman and Company has provtded accounttng and tax servtces related to the proposal before Ctty
Counctl The Ctty Attorney has advtsed that she ts requtred to chsclose any personal tnterest as tt meets the
crtterta ora personal tnterest tn the transactton under the Confltct of Interests Act and ts chsqualtofied from
parttctpattng tn thts transactton Counctl Lady Wtlson's letter of Aprt124, 2001, ts hereby made a part of
the record.
Aprtl 8, 2003
- 18-
AGENDA RE VIE W SESSION
ITEM # 51014
L4
Petttton for a Variance to Sectton 4 4 (3) of the Subdtvtston
Ordtnance that requtres all newly created lots meet all the
requtrements of the Ctty Zomng Ordtnance (CZO) for SHORE
VENTURES, LL C, at Cullen Road and lndependen ce Boulevard
(DISTRICT 4- BA YSIDE
Vtce Mayor Jones referenced correspondence expresstng concerns Vtce Mayor Jones beheves these
concerns have been sattsfied, but suggested dtscusston tn Formal Sesston, tf there ts opposition tn attendance
ITEM # 51015
L5
Apphcatton of CA THOLIC DIOCESE OF RICHMOND for a
MODIFICATION of the dtsconttnuance, closure and
abandonment ora portton of Arcttc Crescent, by reducmg the
area from 7, 405 20 to 2, 304 square feet (DISTRICT 1 - BEA CH)
Counctl Lady Eure requested the con&tton be sttpulated that the apphcatton be developed tn accordance
with the rendertng
ITEM # 51016
L 9 Apphcatton of COURTHOUSE COMMUNITY UNITED
METHODIST CHURCH for a Con&ttonal Use Permtt re church
expanston at 2708 Prtncess Anne Road, contatntng 633 acres
(DISTRICT 7- PRINCESS ANNE)
Counctl Lady McClanan referenced the concerns of Hattte M Setzer, owner of a five-acre parcel of land,
adJacent to the Courthouse Commumty Methodtst Church
Councilman Reeve advised thts ttem should be &scussed tn Formal Sesston to allow Ms Setzer to register
her concerns
ITEM # 51017
BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA
L3
Petttton for a Variance to Sectton 4 4 (3) of the Subdtvtston
Ordtnance that requtres all newly created lots meet all the
requtrements of the Ctty Zoning Ordmance (CZO) for JOSEPH
and CORRJNE BENEDETTO, at 4183 Whtte Acres Road,
contatntng 17 13 acres (DISTRICT 4 - BA YSIDE)
L5
Apphcatton of CA THOLIC DIOCESE OF RICHMOND for a
MODIFICATION of the chsconttnuance, closure and
abandonment ora portton of Arctic Crescent, by reductng the
area from 7,405 20 to 2,304 square feet (DISTRICT 1 - BEACH)
Aprtl 8, 2003
- 19-
AGENDA RE VIEW SESSION
ITEM # 51017 (Continued)
L6
L7
L8
Apphcation of ROBERT K. and LANG X. BELL for a
MODIFICATION of Proffer No 1 of a Conchttonal Zomng re
the stte planfor addtttonal entrances to the stte at 6041 Inchan
Rtver Road (DISTRICT 1 - CENTER VILLE)
Apphcatton of OSCAR L. EVERETT, III for a
MODIFICATION of Condttton No lof the Use Permtt re a
Lfreestanchng sign_for the car wash at 2530 Lynnhaven Parkway,
contatntng 3 124 acres (DISTRICT 1 - CENTER VILLE)
Apphcatton of ST. NICHOLAS CATHOLIC CHURCH for a
Conchttonal Use Permtt re a wall mounted columbartum at 712
Ltttle Neck Road, contatntng 11 959 acres (DISTRICT 5 -
L YNNHA VElV')
Aprtl 8, 2003
- 20 -
CITY COUNCIL COMMENTS
5:35 P.M.
ITEM # 51018
Councdman Vdlanueva requested City Council schedule a Joint Meeting with the School Board for
tnformal chscusston maybe at the Tournament Players Club (TDC) prtor to the ADOPT[ON of the FY2003-
2004 Resource Management Plan
B Y CONSENSUS, each member of Ctty Council shall submtt three (3) suggested dates for thts Jotnt Meetmg
to Councilman Vtllanueva and that the selected dates be prtor to May 13, 2003 Councilman Vtllanueva
wtll submtt the proposed dates to the Ctty Clerk
The Ctty Attorney advtsed public and press notice, attendance and minutes of the Joint Meeting would
be required.
ITEM # 51019
Counctlman Wood referenced a deptctton of dtfferent surf signs proposed Surfing Access for Everyone,
a group comprtsed of the over 40 age group of surfers, approached Counctlman Wood Basically, they wtsh
the Ctty's surfing regulattons be revtsed to be eastly understood by the pubhc The extsttng stgns are
confusmg Surfing Access for Everyone has coor&nated wtth Phil Roehrs, Pubhc Works - Beach
Management, relattve 'frtendher" stgns indtcattng the regulattons
ITEM # 51020
Counctlman Reeve dtstrtbuted, for revtew, correspondence and a DRAFT Resolutton for the creatton ora
commtsston to study and make recommendattons on real estate tax relief for senior citizens Councilman
Reeve will be submttttng thts Resolutton to Ctty Counctlfor adoptton durtng a Formal Sesston tn early May
Aprtl 8, 2003
- 21 -
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
April 8, 2003
6:13 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, Aprtl 8, 2003, at 6 13 P M
Counctl Members Present
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 Wtlson and
James L Wood
Council Members Absent'
None
INVOCATION
Reverend David Householder
Provtdence Frtends Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Aprtl 8, 2003
Item V-F. 1.
- 22 -
MINUTES
ITEM # 51021
Upon motzon by Counczlman Schmtdt, seconded by Counctlman Reeve, C~ty Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of April 1, 2003.
Voting 11-0
Counctl Members Voting Aye
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf J~m Reeve,
Peter W Schm~dt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 8, 2003
- 23 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM it 51022
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
Aprtl 8, 2003
- 24 -
Item V-J. 1.
PUBLIC HEARING
ITEM # 51023
Mayor Oberndorf DECLARED ,4 PUBLIC HEARING
LEASE OF CITY PROPERTY- Cafd Franchise Agreements
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
Aprzl 8, 2003
- 25 -
Item V-J.2.
PUBLIC HEARING
ITEM # 51024
Mayor Oberndorf DECL4RED A PUBLIC HEARING
RED LIGHT PHOTO ENFORCEMENT
The followtng regtstered to speak
Ellen Burhngane, 2261 Laurel Cove Drtve, Phone 412-4543, spoke relattve her only chtld, Rebecca
Burhngane and her best frtend, Juha Hanes, were kdled the day after Thanksgtvtng when a vehicle ran
a "red hght" and slammed full speed tnto thetr vehtcle
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
Aprtl 8, 2003
Item V-K.
- 26-
ORDINANCES/RES OL UTION
ITEM # 51025
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Council APPROVED IN ONE
MOTION Items 2 b/c, 3, 4, 5 and 6 of the CONSENT AGENDA
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel Margaret L. Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L
Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
Aprtl 8, 2003
Item V-K. 1.
-27-
ORDINANCES/RES OL UTION
ITEM # 51026
Barbara Messner, Post Office Box 514, Phone, 422-1902, suggested Citizen's Apprectatton Day be on a
Saturday or Sunday and &splayed a proposed sketch of 31st Street Park
Brtan Ktrwtn, Dtrector- Vtrgtnta Beach Counctl of Ctvtc Orgamzattons 304 Trtple Creek Court, Phone
463-0399, expressed apprectatton for the Resolutton
Matt Falvey, President - Virgtnla Beach Restaurant Assoclatton, Phone 717-1002, spoke tn SUPPORT
of the Resolutton
Upon motton by Counctlman Maddox, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED:
Resolution DECLARING Citizen's Appreciation Day to be observed on
Wednesdays during the 2003 Resort Season and estabhshtng a program to
allow parking without charge tn certatn Ctty lots tn the Resort Area on
Wednesdays.
Voting 11-0
Counctl Members Vottng Aye
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 Vtllanueva, Rosemary Wtlson and James L
Wood
Council Members Voting Nay
None
Council Members Absent
None
Aprtl 8, 2003
Requested by Councilmember Richard A. Maddox
A RESOLUTION DECLARING CITIZENS' APPRECIATION
DAY TO BE OBSERVED ON WEDNESDAYS DURING THE
2003 RESORT SEASON AND ESTABLISHING A PILOT
PROGRAM TO ALLOW RESIDENTS OF THE CITY TO PARK
WITHOUT CHARGE IN CERTAIN CITY PARKING LOTS IN
THE RESORT AREA ON SUCH DAYS
LO
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~4
WHEREAS, the City of Virginia Beach is blessed with many
assets, including a mild climate, inviting beaches and a lively and
entertaining Resort Area; and
WHEREAS, the City Council is of the opinion that the
citizens who make Virginia Beach their home are the greatest asset
of the City; and
WHEREAS, the City Council desires to show its sincere
appreciation for those citizens by establishing a pilot program to
allow free parking in City surface parking lots in the Resort Area
during the 2003 Resort Season;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That every Wednesday, commencing on the first Wednesday
following the date of adoption of this Resolution and continuing
through September 2003, is hereby declared to be Citizens'
Appreciation Day.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
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That in observance of Citizens' Appreciation Day, the
City Manager is hereby authorized and directed to order that,
commencing on the first Wednesday following the date of adoption of
this Resolution and continuing through September 2003, residents of
the City of Virginia Beach shall not be charged a fee for parking
in the 4th Street, 18th Street, 19th Street, 25th Street and 31st
Street parking lots on Wednesdays during the time such lots are
open, including, where applicable, until 2:00 a.m. the following
day. '
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA'
That the City Manager is further directed, as soon as
practicable after the conclusion of the pilot program, to eva'luate
the costs and benefits of such program and report thereon to the
City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of April , 2003.
Approved as to Legal
Sufficiency:
City Attorney
CA-8824
wmm\ordres\citizensappdayres.wpd
April 2, 2003
R-1
- 28-
Item V-K.2. a.
ORDINANCES/RES OL UTION
ITEM # 5102 7
Matt Falvey, Prestdent- Vtrgtnta Beach Restaurant Assoctatton, Phone 717-1002, spoke tn SUPPORT
of the Resolution and requested hours not be extended for pubhc performances on stages
Upon motton by Vtce Mayor Jones, seconded by Councd Lady Wtlson, Ctty Counctl DEFERRED until the
City Council Session of April 22, 2003, to allow for amendments.
Ordtnances re Open Atr Cafds
a. REVISE regulattons on scope of tmprovements on cay property
and operatton repermttted landscaptng, watter servtce wtndows,
entertainment hours, dtspenstng of alcohol and sohcttatton of
any type
Voting 11-0 (By ConsenO
Councd Members Vottng Aye.
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 Wdson and James L
Wood
Councd Members Voting Nay
None
Councd Members Absent
None
Aprd 8, 2003
Item V-K.2/b/c.
- 29-
ORDINANCES/RES OL UTIONS
ITEM # 51028
Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd ADOPTED:
Ordmances re Open Atr Cafds
b GRANT new Franchtse Agreements
1 Atlanttc Btstro -
2 Baja Cantina -
910 Atlanttc Avenue
206 23re Street
c RENEWFranchtse Agreements
1 Angelo's by the Sea -
a Boardwalk Cafd
b ConnectorParkCaf~
2 Ftsh Bones Restaurant
3 Guadalaara's -
4 Latttudes and Attttudes -
5 RockfishBoardwalkBar
And Sea Grill -
6 Seastde Galley -
7 Waterman's Caf~ -
2809 Atlanttc Avenue
1211 Atlanttc Avenue
200 21st Street
2101 Atlanttc Avenue
1601 Atlanttc Avenue
1401 Atlantic Avenue
415 Atlantic Avenue
Vottng 1 I-0 (By ConsenO
Councd Members Vottng Aye
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 Wdson and James L
Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
Aprd 8, 2003
AN ORDINANCE TO GRANT TWO NEW
FRANCHISES FOR THE OPERATION OF OPEN
AIR CAFES IN THE RESORT AREA
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WHEREAS, the following corporations/companies
(hereinafter "Grantees") have requested a franchise for the
operation of an open air caf~ at the oceanfront:
1. Atlantic Bistro (910 Atlantic Avenue) Atlantic
Avenue sidewalk cafe; and
2. Baja Cantina (206 23r~ Street) Atlantic Avenue side
street.
WHEREAS, the City has developed a franchise agreement for
the regulation of open air cafes that each of the above-listed
Grantees will be required to execute as a condition of the grant of
this franchise.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to each of the
above-listed Grantees to operate an open air caf~ at the address
indicated herein from May 1, 2003, to April 30, 2004, conditioned
on each Grantee's execution of a franchise agreement and compliance
with all of the terms and conditions thereof.
2. That the City Manager, or his duly authorized
designee, is hereby authorized to enter into a one year franchise
agreement with each Grantee.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of April , 2003.
CA-8819
ORDiN\NONCODE\openairneword.wpd
R-2 - March 27, 2003
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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AN ORDINANCE TO RENEW EIGHT EXISTING
FRANCHISES FOR THE OPERATION OF OPEN
AIR CAFES IN THE RESORT AREA
WHEREAS, the following corporations/companies
(hereinafter "Grantees") wish to renew existing franchise
agreements for the operation of open air caf6s at the oceanfront:
1. Angelo's by the Sea (2809 Atlantic Avenue)
boardwalk caf6;
2. Angelo's by the Sea (2809 Atlantic Avenue)
connector park cafe;
3. Fish Bones Restaurant (1211 Atlantic Avenue)
boardwalk cafe;
4. Guadalahara's (200 21st Street) Atlantic Avenue side
street;
5. Latitudes and Attitudes (formerly Jonah's) (2101
Atlantic Avenue) boardwalk cafe;
6. Rockfish Boardwalk Bar And Sea Grill (1601 Atlantic
Avenue) boardwalk cafe;
7. Seaside Galley (1401 Atlantic Avenue) boardwalk
caf6; and
8. Waterman's Caf~ (415 Atlantic Avenue) boardwalk
cafe.
WHEREAS, the City has developed a franchise agreement for
the regulation of open air cafes that each of the above-listed
Grantees will be required to execute as a condition of franchise
renewal; and
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WHEREAS, based upon each Grantee's successful operation
of an open air caf~ pursuant to a franchise during the past year,
the Department of Convention and Visitor Development recommends a
five-year renewal of the franchise of each of the foregoing
Grantees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to each of the
above-listed Grantees to operate an open air caf~ at the address
indicated herein from May 1, 2003, to April 30, 2008, conditioned
on each Grantee's execution of a franchise agreement and compliance
with all of the terms and conditions thereof.
2. That the City Manager, or his duly authorized
designee, is hereby authorized to enter into a five year franchise
agreement with each Grantee.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of April , 2003.
CA-8809
ORDIN\NONCODE\openai~ord.wpd
R-2 - March 27, 2003
APPROVED AS TO CONTENT:
aw Departme~~
APPROVED AS TO LEGAL SUFFICIENCY'
Item V-K. $.
- 30-
ORDINANCES/RES OL UTION
ITEM # 51029
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $81,630from the Vtrgtnta Martne Sctence
Museum Foundatton to the FY 2002-03 Department of Cultural Arts
operattng budget re the VMSM Stranding Program.
Vottng 11-0 (By ConsenO
Councd Members Voting Aye
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 Wtlson and James L
Wood
Counctl Members Vottng Nay'
None
Counctl Members Absent
None
Aprtl 8, 2003
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AN ORDINANCE TO APPROPRIATE $81,630 OF
ADDITIONAL REVENUE TO THE DEPARTMENT OF
MUSEUMS AND CULTURAL ARTS FY 2002-03 OPERATING
BUDGET AND CREATE TWO FULL-TIME EQUIVALENT
POSITIONS FOR THE VIRGINIA MARINE SCIENCE
MUSEUM'S STRANDING PROGRAM
WHEREAS, the Virginia Marine Science Museum Foundation has
received $181,950 in grant funding from the National Marmne Fishery
Service for the operations of the Virginia Marine Science Museum
Stranding Program, and the Foundation will provide $81,630 of this
funding to the Department of Museums and Cultural Arts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $81,630 of funding is hereby accepted from the
Virginia Marine Science Museum Foundation and appropriated to the
FY 2002-03 Operating Budget of the Department of Museums and
Cultural Arts for operations of the Virginia Marine Science
Museum's stranding program, with revenue from local sources
increased accordingly.
2. That two full-time equivalent positions are hereby
created in the FY 2002-03 Operating Budget of the Department of
Museums and Cultural Arts; however, these positions may be
eliminated after the additional revenue from the Foundation has
been expended.
Adopted by the Council of the City of Vlrgmnma Beach, Virginia on the
8th day of April, 2oo3.
CA-8821
Ordln/Noncode/VMSMord wpd
R4 - March 31, 2003
Approved as to Content Approved as to Legal Sufficiency:
Management Se~kvices Department o5 Law ~ /
UNITEO BTATEB OEPARTMENT OF COMMERCE
National Oceanic end Atmoepheric Adrnlnlatration
OFFICE OF FINANCE AND ADMINISTRATION
GRANTS MANAGEMENT DIVISION
1325 EAST-WEST HIGHWAY
SSMC2 - OFA62 - NINTH FLOOR
SILVER SPRING, MARYLAND 20910-3283
20O3
Ms. Lynn Clements
Virginia Museum of Marine Sciences Foundation
717 General Booth Boulevard
Virginia Beach, VA 23451
Reference: NOAAAward No. NA03NMF4390038
Amendment No. 0
Federal Shara $99,000
Dear Ms. Clements:
Enclosed for your review and approval are three originals of the referenced
NOAA award. If you concur, sign each of the three originals and return two originals to
the address above within 30 days The copy marked "Recipient Copy" is for your files.
Please note that we are unable to ascertain the financial stability of your
organization through our credit reporting agency Dun & Bradstreet (D&B). Therefore
you will not be able to draw down funds through the Department of Treasury's
Automated Standard Application for Payment (ASAP) system. You must submit a SF-
270 Request for Advance or Reimbursement for payment. However, before we can
approve any payments, you must submit the appropriate financial records to D&B to
obtain a credit rating. Once we have reviewed your financial management capabilities,
we can then begin to approve payments and consider a request to be placed on ASAP
Please refer to the reporting requirements for this award, which are outlined in
Attachment B, NOAA Administrative Special Award Conditions. In an effort to provide
better service to our Recipients through electronic commerce, we ask that you please
provide us with an internet email address for your financial reports point of
contact (i.e., person who signs the SF-269s and SF-272s).
As part of NOAA's diversity program, you are reminded that in accordance with
Section J.04 of the Department of Commerce Standard Terms and Conditions, which
are incorporated into this award, Recipients are encouraged to utilize minority and
women-owned firms and enterprises in contracts under financial assistance awards.
Pr,nled
on Recycled Paper
Copies of the applicable OMB Circulars and regulations, which have been
incorporated into this award by reference, are available from this office upon request
and can be found on our website. If you have any grants management questions
concerning policy and interpretation, please contact the NOAA Grants Management
Specialist, Michelle Brown at 301-713-0922 [Internet: Michelle. T. Brown@noaa.gov]; for
technical questions contact the Federal Program Officer, Teri Rowles at 301-713-2322
[Internet: Teri. Rowles@noaa.gov].
Sincerely,
Emmanuel E. Atsalinos
Grants Officer
Enclosures
cc: Teri Rowles - F/PR2
;ORM
REV t0~.) U.S. DEPARTMENT OF COMMERCE ~ GRANT r'l COOPERATIVE AGREEMEN'
FINANCIAL ASSISTANCE AWARD ~,CCOUNTING CODE
tECIPIENT NAME ~,WARD NUMBER
VIRGINIA MUSEUM OF MARINE SCIENCES FOUNT COPY RET~ UIIiIA03NMF4390038
$TREET ADDRESS FEDERAL SHARE OF COST
r17 GENERAL BOOTH BOULEVARD $99,000
=ITY, STATE, ZIP CODE RECIPIENT SHARE OF COST
VIRGINIA BEACH, VA 23451
$33,000
~.wARD PERIOD TOTAL ESTIMATED COST
)9/01/2002-O8/31/2003 $132,000
~.UTHORITY
t6 USC 1361 et seq.; 16 USC 142tf-1
CFDA NO. ANO PROJECT TITLE Improving Response to and Assessments of Dead Marine Mammal strandings in
t 1.439 Virginia
This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding.
By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and
attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer
and the third document shall be retained by the Recipient. If not signed and returned without modiflclation by the
Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award.
~[~ of Commerce Financial Assistance Standard Terms and Conditions
Department
I Special Award Conditions (Attachment B)
Line item Budget (Attachment A)
18 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, Other Non-Profit, and Commercial Organizations
~] 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments
D OMB Circular A-21, Cost Principles for Educational Institutions
r~ OMB circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
] OMB Circular A-122, Cost Principles for Nonprofit Organizations
r"} 48 CFR Part 31, Contract Cost Principles end Procedures
[~ OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
of Commerce Pre-Award Notification for Grants and
Other(s)
Department
requirements
Cooperative
Agreements,
88 FR 40917 as amended by the Federal Register notice published on October 30, 2002 (87 FR 88109)
67 FR (01/14/02)1720
iIGNATURE OF E R TITLE DATE
NOAA GRANTS OFFICER ,!'"
rYPED NAME AND SIGNATURE OF AUTHORIZED RECIPIENT_OFFICIAL TITLE DATE
! ~ /j /
' - 2003
UNITED BTATEB DEPARTMENT OF COMMERCE
Nation-l Oceanic and Atmolpheric Adrninlstration
OFFICE OF FINANCE AND ADMINISTRATION
GRANTS MANAGEMENT DIVISION
1325 EAST-WEST HIGHWAY
SSMC2 - OFA62 - NINTH FLOOR
SILVER SPRING, MARYLAND 20910-3283
Ms Lynn Clements
Virginia Marine Sciences Museum Foundation
717 General Booth Boulevard
Virginia Beach, VA 23451
Reference: NOAA Award No.
Amendment No.
Federal Share
NA03NMF4390002
0
$82,950
Dear Ms Clements:
Enclosed for your review and approval are three originals of the above referenced
NOAA award. If you concur, sign each of the three originals and return two originals to
the address above within 30 days. The copy marked "Recipient Copy" is for your files.
Award payments will be made through electronic funds transfer, using the
Department of Treasury's Automated Standard Application for Payment (ASAP) system,
and in accordance with the requirements of the Debt Collection Improvement Act of 1996.
The ASAP payment system allows grant and cooperative agreement recipients to
withdraw funding directly from an established ASAP account for each award. ASAP is an
all-electronic payment and information system developed jointly by the Financial
Management Service (FMS) and the Federal Reserve Bank of Richmond. The latter,
in its capacity as Treasury's fiscal agent, operates the system. ASAP is a system through
which grantee organizations receiving Federal Funds can draw from accounts pre-
authorized by Federal Agencies.
The following information is required when making withdraws for this award: (1)
ASAP account identification (id) = award number found on the cover sheet of this award;
(2) Agency Location Code (ALe) = 13140001; and (3) Region Code -- 01. If you are
not enrolled as an ASAP recipient organization you must complete the enrollment
process with your Federal Reserve Bank, Regional Finance Center. Enrollment
application and information can be found at http://www.fms.treas.gov/asap/handbppk.html
Printed
on Recycled Paper
Please refer to the reporting requirements for this award, which are outlined
in Attachment B, NOAA Administrative Special Award Conditions. In an effort to
provide better services to our Recipients through electronic commerce, we ask that
when you submit your financial reports, please provide us with an internet
email address for your financial reports point of contact (i.e., person who signs
the SF-269s and SF-272s).
As part of NOAA's diversity program, you are reminded that in accordance with
Section J.05 of the Department of Commerce Standard Terms and Conditions, which
are incorporated into this award, Recipients are encouraged to utilize minority and
women-owned firms and enterprises in contracts under financial assistance awards.
Copies of the applicable OMB Circulars and Department of Commerce regulations
which have been incorporated into this award by reference, are available from this
office upon request and can be found on our website. If you have any grants
management questions concerning policy and interpretation, please contact the NOAA
Grants Management Specialist, CaroI.J.Pendleton@noaa.gov at 301-713-0923 Ext 178
for technical questions contact the Federal Program Officer, via email at
Teri. Rowlesl~noaa.gov or telephone at 301-713-2322 Ext 178.
Sincerely,
mmanuel E. Atsalinos
Grants Officer
Enclosures
CC: TERI ROWLES, FIPR2
FORM CD-450
[REV 10/98) U.S. DEPARTMENT OF COMMERCE ~ GRANT ~] COOPERATIVE AGREEMEN
FINANCIAl. ASSISTANCE AWARD ~,CCOUN'nNG CODE
N/A
RECIPIENT NAME 'AWARD NUMBER
VIRGINIA MARINE SCIENCES MUSEUM FOUNDATION NA03NMF4390002
STREET ADDRESS FEDERAL SHARE OF COST
/'17 GENERAL BOOTH BOULEVARD $82,950
, ,
~ITY, STATE, ZIP CODE RECIPIENT SHARE OF COST
VIRGINIA BEACH, VA 23451
$27,6S0
, ,
~.WARD PERIOD TOTAL ESTIMATED COST
i)9/0112002-08/31/2003 $110,600
AUTHORITY
16 U.S.C. 1461f-1
CFDA NO. AND PROJECT TITLE Improving Triage and Treatment of Live Stranded Marine Mammals in Virginia
11.439
This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding.
By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and
attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer
and the third document shall be retained by the Recipient. If not signed and returned without modiflclation by the
Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award.
[~ Department of Commerce Financial Assistance Standard Terms and Conditions
~ Special Award Conditions (Attachment B)
I~ Line Item Budget (Attachment A)
~ 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, Other Non-Profit, and Commercial Organizations
[~] 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local
Governments
D OMB Circular A-21, Cost Principles for Educational Institutions
I--1 OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
I'~ OMB Circular A-122, Cost Principles for Nonprofit Organizations
F-~ 48 CFR Part 31, Contract Cost Principles and Procedures
~] OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
~ Other(s) Department of Commerce Pre-Award Notification requirements for Grants and Cooperative Agreements,
66 FR 49917 as amended by the Federal Register notice published on October 30, 2002 (67 FR 66109)
, ,,,
67 FR 1720 (01/14/02); 67 FR 13602 (03/25/02)
$1GFIA~URE OF DEPARTlt~IT OF COMMERCE G'~d~ITS OFFICER ' TITLE " DATE "
TYPED NAM~f', AND SIdlN~T'UI~-OF--AU'I'~ZED RECIPIENT OFFICIAL TITLE' DATE
i .~- 1/1 .- ,
Item V-K. 4.
- 31 -
ORDINANCES/RES OL UTION
ITEM # 51030
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $2,075,000 tn State and
Federal Funds to mandated programs admtntstered by the Department of
Soctal Servtces re adoption asststance for spectal needs famthes, chtld
care subsidies for ehgtble famthes and mamtenance payments for foster
children.
Vo ttng
11-0 (By ConsenO
Councd Members Vottng Aye
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 Vtllanueva, Rosemary Wilson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
April 8, 2003
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15
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17
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
$2,075,000 IN STATE AND FEDERAL FUNDS FOR
VARIOUS PROGRAMS ADMINISTERED BY THE
DEPARTMENT OF SOCIAL SERVICES
WHEREAS, the State Department of Social Services has made
$2,075,000 in federal and state funds available that are necessary
to continue three mandated programs: adoption assistance for
families with special needs, child care subsidies to support
employment for income eligible families, and maintenance payments
for foster children eligible under Title IV-E of the Social
Security Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, Virginia:
1. That $2,075,000 of federal and state funds is hereby
accepted from the State Department of Social Services and
appropriated to the FY 2002-03 Operating Budget of the Department
of Social Services to continue mandated programs.
2. That estimated revenues from the federal and state
government in the FY 2002-03 Operating Budget are hereby increased
by $1,076,648 and $998,352, respectively.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 8th day of April , 2003.
CA-8822
Ordin/Noncode/socservord.wpd
R-1 - March 27, 2003
Approved as to Content-
/Manag~men~ Services
Approved as to Legal Sufficiency'
-/
b'ep~rtment of L
- 32 -
Item V-K. 5.
ORDINANCES/RE$OL UTION
ITEM # 51031
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to TRANSFER $2,300, O00 from the Instructtonal Category of
the FY 2002-03 School Operattng Budget to the Transportatton Category
for purchase of buses prtor to May Ftrst.
Vottng'
11-0 (By Consent)
Counctl Members Vottng Aye
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 Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 8, 2003
AN ORDINANCE TO APPROVE THE TRANSFER OF
$2,300,000 FROM THE INSTRUCTIONAL CATEGORY TO
THE PUPIL TRANSPORTATION CATEGORY WITHIN THE
FY 2002-03 SCHOOL BOARD OPERATING BUDGET
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13
14
15
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17
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20
21
WHEREAS, funds in the School Board FY 2002-03 Operating
Budget are available in the Instructional Category to permit the
purchase of sufficient replacement buses to meet the State-
recommended replacement cycle of 12 years;
WHEREAS, placing orders for buses before May 1, 2003
would allow the school system to receive these buses at the
beginning of the school year; and
WHEREAS, by resolution dated March 18, 2003, the School
Board has adopted a resolution recommending a transfer of funds
from the Instructional Category to the Pupil Transportation
Category.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the School Board's transfer of $2,300,000 in
appropriations to the Pupil Transportation Category from the
Instructional Category in its FY 2002-03 Operating Budget is hereby
approved.
22
23
Adopted by the Council of the City of Virginia Beach,
Virginia on the 8th day of April 2003.
CA-8816
Ordin/Noncode/schoolsord. wpd
R-2
March 26, 2003
Approved as to Content:
Management Services
Approved as to Legal Sufficiency:
Law Department
/ I IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Dan,el D Edwards
Charman
[:hslncl 1 - Centervllie
1513 Beachv~ew Drive
VA Beach, VA 23464
495-3551 (h) · 717-0259 (cell)
Neff L Rose
V)ce Chamrman
At-Large
1337 Harris Road
VA Beach, VA 23452
463-3823 (h) · 497-6633 (w)
Jane S Brooks
Dlslnct 6 - Beach
721 Hmlltop Road
VA Beach, VA 23454
425-1597 (h)
Emma L "Em" Daws
D~strK:t 5 - Lynnhaven
1125 M~chaelwood Drive
VA Beach VA 23452
340-8911 (h)
A. James "J~m" DeBellms
D~stnct 2 - Kempswlie
4545 Bob Jones Drive
VA Beach, VA 23462
467-2457 (h)
Dan R. Lowe
[:hstnct 4 - Bays~de
4617 Red Coat Road
VA Beach VA 23455
490-3681 (h)
Sandra Sm~-Jones
At-Large
705 Rock Creek Court
VA Beach VA 23462
490-8167 (h)
Mmchael W Stewart
D~stnct 3 - Rose Hall
105 Brentwood Court
VA Beach VA 23452
4984303 (h) · 445-4637 (w)
Arthur T Tare
At-Large
1709 Ladysm~th Mews
VA Beach VA 23455
460-5451 (h)
Carolyn D Weems
At-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lorn S Wdhams, Ph D
O,stnct 7 - Pnncess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT
T~mothy R Jenney, Ph D
2512 George Mason Drive
VA Beach, VA 23455
427-4326
A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO
TRANSFER CERTAIN FUNDS RESOLUTION
WHEREAS, the MISSION OF THE Virginia Beach City Public Schools, in partnership
w~th our entire commumty, ~s to ensure that each student is empowered with the knowledge and
skdls necessary to meet the challenges of the future, and
WHEREAS, budgetary constraints have precluded the lnclus~on of funds ~n the Operating
Budget for the purchase of sufficient replacement buses to meet the State recommended
replacement cycle of 12 years, and
WHEREAS, beginning in FY 1999-2000, the School Board budgeted within ~t's annual
operating budget and amount sufficient to fund one-half of the number of buses reqmred to
mmntam a 14-year replacement cycle on the bus fleet, and
WHEREAS, the ablhty to place orders for school buses before May 1, 2003 wall allow the
school system to recmve these buses at the beginning of the school year rather, and
WHEREAS, the ability to place orders for buses before May 1, 2003 will permit the
placement of the order prior to the peak purchasing season for buses and may save significant
dollars in the per unit costs, and
WHEREAS, the prudent management of funds and the orderly manner ~n which replacement
funding has been managed has resulted in the average age of buses within the fleet being reduced
from over 9 years of age to 7 4 years of age, and
WHEREAS, additional Operating Budget funds are available from the Summer School
program that ended in August 2002, the ERIP program, the funds set aside for LEAD and
elementary teaching poslt~ons, whmh were unallocated due to the dechne in the enrollment; now
therefore be it
RESOLVED: That the Board requests the C~ty Council approve a categorical transfer ~n the
amount of $2,300,000 from the Instructional Category to the Pupil Transportation Category, and
be ~t 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 dehver a copy of this resolution to the Mayor,
each member of City Councd, the C~ty Manager, and the C~ty Clerk
Adopted by the School Board of the C~ty of V~rg~ma Beach this 18th day of March 2003.
S E A L ~amel-D Ed~aards, Chairman' - ~
Attest
D~anne P Alexander, Clerk of the Board
CERTIFIED TO BE;XYRUI~'~
AND CORRECT COPY
Olerk, SchooIBoard
City of Vir ~(~_ ia
School Adm~mstratlon Budding · 2512 George Mason Drive ° P O. Box 6038 · Virg~n,a Beach, VA 23456-0038
Item V-K. 6.
- 33 -
ORDINANCES/RES OL UTION
ITEM # 51032
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to RATIFY amendments to the By-Laws of the Commumty
Servtces Board (CSB) re commtttee structure
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
Aprtl& 2003
AN ORDINANCE TO RATIFY RECENT
AMENDMENTS TO THE BYLAWS OF THE
COMMUNITY SERVICES BOARD
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WHEREAS, the Community Services Board recently completed
a comprehensive review of its bylaws;
WHEREAS, after considering the proposed changes, the
Board, at a meeting conducted on December 19, 2002, approved a
series of amendments to its bylaws;
WHEREAS, Article XII of the Board's bylaws provides that
amendments to the bylaws must be reviewed and ratified by City
Council; and
WHEREAS, City Council has reviewed the recommended
amendments to the bylaws of the Community Services Board and finds
them to be acceptable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby ratifies the amendments to the
bylaws of the Community Services Board, as approved by the Board,
and attached hereto as Exhibit "A".
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of April , 2003.
CA-8820
ORDINkNONCODEkcsbbylawsord.wpd
R-1 - March 27, 2003
APPROVED AS TO CONTENT-
y Services Board
APPROVED AS TO LEGAL SUFFICIENCY-
EXHIBIT A
As Approved at December 19, 2002 CSB Meeting
BY- LAWS
Virginia Beach Community Services Board
ARTICLE I - NAME
The name of this Board shall be the Virginia Beach G:)mmunity Services Board,
hereinafter referred to as the "Board."
ARTICLE II - PURPOSE
The purpose of this Board shall be to act as the agent ofthe City of Virginia
Beach, Virginia in the establishment and operation of Community Mental Health, Mental
Retardation and Substance Abuse prograrrs as provided for in Chapters 10 and 11 of
Title 37.1 of the Code of Virqinia.
ARTICLE III - MEMBERSHIP
Section 1. The membership of the Board shall consist of not less than six nor
more than eighteen persons approvgd and appointed bythe City Council of the City of
Virginia Beach, Virginia, hereinater referred to as the "City Council". The membership
shall be as broadly representative as possible of all lay and professional elements of the
community. One-third of the appointments to the Board shall be identiled consumers or
family members of consumers, at least one of whom shall be a consumer receiving
services. Members shall be appointed in accordance v~th Section 37.1-195 of Chapter
10 of Title 37.1 of the Code of Virginia.
Section 2. Vacancies shall be filled for unexpired terms in the same manner as
original appointments. No person shall be eligible to serve more than two successive
terms; provided that persons appointed to ill vacancies may serve two additional
successive terms. No person shall be eligible to serv9 more than three full three-year
terms. Any member of the Board may be removed by City Council for cause, after being
g~ven a written statement of the cause and an opportunityto be heard thereon.
ARTICLE IV - POWERS AND DUTIES
The Board, as an administrative policy board and agent, of the City of Virginia
Beach shall be subject to the laws and regulations relating to such agencies ofthat
government and shall have the general powers, duties and responsibilities of a Board as
outlined in Title 37.1 ofthe Code of Virginia. Such powers and duties shall be:
(a) Review and evaluate all existing and proposed public corrmunity mental
health, mental retardation and substance abuse ser~ces and facilities available to serve
the community and such private services and facilities as receive funds through the
Board and advise the City Council as to its findings.
(b) Submit to the City Council a program of community mental health, mental
retardation and substance abuse serdces and facilities for its approval.
(c) Within amounts appropriated therefor, execute such programs and maintain
such services as may be authorized under such appropriations.
(d) In accordance with its approved program, enter into contracts for rendition or
operation of services or facilities.
(e) Make rules or regulations concerning the rendition or operation ofservices and
facilities under its direction or supe~sion, subject to applicable local, state and/or fgderal
standards or regulations.
(f) Participate with the City in the appointment of an executive director of
community mental health, mental retardation and substance abuse serdces and
prescribe said executive director's duties, according to rdnimum qualifications
established by the Department of Mental Health, Mental Retardation and Substance
Abuse Services, hereinafter referred to as the "DMHMRSAS". The compensation of the
executive director shall be fixed by the City in consultation with the Board within the
amounts made available by appropriation therefor. The Board shall participate ~th the
City in conducting an annual perbrmance evaluation of its executive director.
(g) Prescribe a reasonable schedule offees for services provided by personnel or
facilities under the jurisdiction or superdsion of the Board and collection ofthe same;
provided, however, that all fees collected from Board administered programs shall be
deposited with the treasurer, City of Virginia Beach provided, further, that such collected
fees shall be used onlyfor community mental health, mental retardation and substance
abuse purposes. The Board shall institute a reirrbursement system to maximize the
collection of fees from persons receiving services under the jurisdiction or supe~sion of
the Board and from responsible third-party payors.
(h) Seek and accept funds through grants or foundations; provided, however, in
accepting such grants, the Board shall not bind the (]ty of Virginia Beach to any
expenditures or conditions of acceptance without the prior approval of the City Council.
(I) Have authority, not withstanding any provision of law to the contrary, to
disburse funds appropriated to it in accordance Nth such regulations as may be
established by the City Council.
(j) Apply for and accept loans as authorized bythe City Council.
(k) Accept or refuse gifts, donations, bequests, or grants of money or property or
other assistance from any source, public or private; utilize the same to carry out any of its
purposes; and enter into any agreement or contract regarding or relating to the
acceptance or use or repay'nent of the same as authorized by City Council.
(I) Develop joint annual written agreements consistent with policies and
procedures established bythe State Mental Health, Mental Retardation and Substance
Abuse Services Board with local school divisions; health departments; departments of
social services; housing agencies; sherilfs; area agencies on aging and regional
departments of rehabilitative services. The agreements shall specify what services will
be provided to consumers. All participating agencies shall develop and implement the
agreements and shall review the agreements annually.
(m) Be responsible for carrying out other duties as enumerated in Section 37.1-
197 of the Code of Virginia.
ARTICLE V - APPROVAL OF PROPOSED PERFORMANCE CONTRACT
Under Section 37.1-198 ofthe Code of Virginia, the City of Virginia Beach, having
established the Board and authorized it to adrfinister the City's mental health, mental
retardation and substance abuse se~ces programs, may apply for State assistance by
submitting annually to the DMHMRSAS the City's mental health, mental retardation or
substance abuse proposed performance contract for the next fiscal year together with the
Board's recommendations thereon. This document will be available for public review and
public comment for a period of thirty days pnor to submitting it for the recommendations
of City Council.
ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES
Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, Secretary
and Treasurer who shall be elected at the December meeting of the Board and shall
serve at the pleasure of the Board, beginning on January1 of the following year.
Section 2. The duties of the Chair shall be:
(a) To preside at all meetings of the full Board and Executive Committee,
which is composed of officers of the Board. ---' '"'"-"-- -~ '~-- '"'--- -'"--'-"'"'-'
· ,,,,., ,.,,,,,,, o ,,, ,,,,~ ,,,,,~,~ ,.,,o,,,,,,,,.~ pr~gra,~
(b) To appoint all committees (excluding the Nominating Committee, which is
appointed bythe Board) deemed necessary for the operation ofthe Board. The Finance
Committee members will be appointed bythe Chair in consultation with the Treasurer.
(c) To work closely with the Executive Director of the Community Services Board
and the City Manager.
(d) To perform any other duties determined by the Board.
(e) To ensure that all federal, state and local governments are informed as to the
activities of the Board as requested.
Section 3. The Vice-Chair shall, in the absence ofthe Chair, perform the duties of
the Chair and any other duties assigned bythe Board or the Chair.
Section 4. The Secretary shall ensure that accurate records of all meetings of the
Board and Executive Committee are maintained. Upon conclusion of an Executive
Session, the Secretary shall certify that business was conducted in accordance ~th the
motion and shall record an indiddual voice vote of all Board members present. The
Secretary shall perform the duties of the Chair in the absence of the Chair and the Vice-
Chair.
Section 5. The Treasurer shall serve as Chair of the Finance Committee. The
Treasurer shall perform the duties of the Chair in the absence of the Chair, Vice-Chair
and Secretary. The Treasurer shall serve as the liaison of the Board regarding ~inancial
matters.
ARTICLE VII - NOMINATIONS, ELECTIONS AND TERMS OF OFFICE
Section 1. The Board shall elect its officers at the December meeting of each
year, who shall begin their duties on January1 of the following year. ^ Nominating
Committee shall be appointed bythe Board at its October meeting and shall bring forth a
slate of officers at its November meeting.
Section 2. The term of office shall be for one year commencing on the first day of
the calendar year or until a successor is elected. No officer may serve more than three
consecutive terms in the same office. The election shall be by ballot if there is more than
one nominee for the same office. A quorum must be present and voting in order to
constitute an election.
Section 3. Any vacancy occurring in the officers of the Board shall be filled by the
Board within 60 days of the vacancy. Duration of such appointments shall be limited to
the unexpired term of office.
ARTICLE VIII - MEETINGS
Section 1. The regular monthly meetings shall be held at a time and place to be
determined by the Board. If the Board chooses to cancel a regular rronthly meeting, a
formal vote will be taken and adequate public notice v~ll be given.
Section 2. Special meetings of the Board may be called by the Chair
or upon written request of three members.
Section 3. The quorum for all Board meetings shall be the majority of the total
appointed Board members.
ARTICLE IX - STANDING COMMITTEES
There shall be an Executive Committee, Finance Committee and other
committees as appointed bythe Chair in accordance with Article VI, Section 2-b.
~ 1. EXECUTIVE COMMITTEE
--
This Committee's duties include but are not lirdted to the following:
a. Establishing Board agenda
b. Acting on the Board's behalfwhen directed to do so
c. Providing a report of recommendations of the Committee to the Board
d. Preparation of Policy guidance regarding Board member education
and training in order to enhance duties and responsibilities.
-3;. 2. FINANCE
This Committee's duties include but are not lirdted to the following:
a,
b,
c,
d,
Participating in the annual ~iscal review of all programs directly or
contractually operated by the Board.
Reviewing policies related to the fiscal division of the Board, and which also
directly affect contractual programs of the Board
Advising the Board, as required, on all matters of a fiscal nature which
affect directly and contractually operated programs
Providing a report of recommendations of the Committee to the
Board
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ARTICLE X - OPERATING PROCEDURES
The Board, in carrying out its powers and duties in accordance v, ith Article IV of
these By-Laws, shall utilize the following operating procedures:
a. All employees of directly operated programs shall be subject to the
personnel policies and procedures ofthe City of Virginia Beach. Additionally, the
Board hereby adopts the City of Virginia Beach's grievance procedure.
b. Pursuant to Section 37.1-195 ofthe Code of Virqinia, legal services to
the Board shall be provided by the City Attorney.
c. The City Treasurer shall receive those funds designated to the Board.
d. The City of Virginia Beach Director of Finance shall serve as the Board's
fiscal agent. The City of Virginia Beach shall receive an independent annual audit
of the total revenues, expenditures and data of the Board and its programs.
e. The Board shall comply with the City of Virginia Beach policies and
procedures for purchasing equipment and supplies.
f. The Board may, following review by the City of Virginia Beach Director of
Finance as to availability of funds and the City Attorney as to appropriate legal
form, enter into such agreements and contracts as are necessaryto carry out its
approved program.
g. The Board shall be authorized to revise its budget categories to meet
program needs as provided in the budget ordinance ofthe City of Virginia Beach.
When a budget revision is necessary, the Board Executive Director shall submit
the request in writing to the City Finance Department prior to Board consideration
of the proposed change. The Rnance Department will review the request for
conformance to the City's fiscal rules, regulations and budget ordinance and MI
notify the Executive Director that the request is in compliance with these rules and
regulations or, if not, why not and what procedures need to be followed to achieve
compliance.
h. The Board shall be authorized to allocate all agencyrevenues in accordance
with DMHMRSAS guidelines and in compliance with the policies of the City of Virginia
Beach.
ARTICLE Xl
Roberts Rules of Order, Newly revised, shall govern the conduct of all Board
proceedings unless inconsistent ~th these By-Laws in which case these By-Laws shall
govern.
ARTICLE Xll
The By-Laws may be amended at any regular meeting of the Board by two-thirds
vote of the membership, notice having been submitted to each Board member in writing
two weeks prior to the meeting. Such amendments shall then be reviewed and ratified
by the City Council.
Amendments Chronology:.
Adopted at a regular meeting of the Board by a vote of 8 in favor of to __
favor. Date: January22, 1981
Ratified amendment by Virginia Beach City Council on March 23, 1981.
0 not in
Amended at a regular meeting of the Board by a vote of 12 in favor of to 1_!_ not in
favor. Date: December 12, 1985
Virginia Beach City Council deferred indefinitely an ordinance to amend By-Laws
January 27, 1986.
Amended at a regular meeting of the Board by a vote of 8 in favor of to I not in
favor. Date: August 24, 1989
Board deferred making any changes and tabled anyfurther action.
Amended at a regular meeting of the Board by a majority. Date: October 23, 1997
Ratified amendment by City Council on November 18, 1997.
Amended at a special meeting of the Board by a vote of 6 in favor of to3 not in favor
and (6 absent from vote) Date: June 10, 1998
Amendments ratified by City Council on July 7, 1998
Amended at a regular meeting of the Board by a vote of 12 in favor of to 0 not in
favor and (3 absent from vote) Date: December 19, 2002.
- 34-
Item V-K. 7 afo.
ORDINANCES/RES OL UTION
ITEM # 51033
Barbara Messner, Friends of 31s' Street Park, Post Office Box 514, Phone, 422-1902, spoke tn
OPPOSITION, chd not beheve funds should be allocated for addtttonal parktng spaces re 31~t Street or
the land sold
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl
AUTHORIZED the Ctty Manager to advtse the lender, TowneBank, re 3Pt Street:
a The Ctty tntends to complete LasMn Road Gateway
b The Ctty extends tts commitment NOT to promote a hotel at
Rudee Loop unttl the opemng of the 31s' Street hotel on or about
June 30, 2005
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
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 and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Rosemary Wtlson
Counctl Members Absent
None
Council Lady Wdson advised on Aprd 24, 2001, she filed an optnton letter and &sclosure statement with the
Ctty Clerk re Resolutton sttpulattng Modifications to enhance the 31s' Street project The Ctty Attorney
advtsed the analysts contatned tn hts 2001 optnton also apphes to today's transactton Therefore, Counctl
Lady Wtlson DISCLOSED and ABSTAINED as her husband ts a prtnctpal tn the accounttng firm of
Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually' Goodman and
Company has provided accounting and tax services related to the proposal before City Counctl The City
Attorney has advtsed that she ts requtred to &sclose any personal tnterest as tt meets the crtterta of a
personal tnterest tn the transactton under the Confltct of Interests Act and ts chsquahfied from parttctpattng
tn thts transactton Counctl Lady Wtlson's letter of Aprt124, 2001, ts hereby made a part of the record
Aprtl 8, 2003
- 35 -
Item V-L.
PLANNING
ITEM # 51034
1. L YNND UNES, INC.
RECONSIDERATION: Change of
Zoning (Denied: 01.14.2003)
2. BA Y REFLECTIONS BUILDING, L.L.C.
SUBDIVISION VARIANCE
3. JOSEPH AND CORRINE BENEDETTTTO
SUBDIVISION VARIANCE
4. SHORE VENTURES, LLC
SUBDIVISION VARIANCE
5. CA THOLIC DIOCESE OF RICHMOND
MODIFICATION/ S TREE T
CLOSURE
6. ROBERT K. AND LANG X. BELL
MODIFICATION OF PROFFER 1
CONDITIONAL ZONING
(Approved: 0 7/02/2002)
7. OSCAR L. EVERETT, III
MODIFICATION OF CONDITION 1
CONDITIONAL USE PERMIT
(Approved: 0410/02)
8. ST. NICHOLAS CATHOLIC CHURCH
CONDITIONAL USE PERMIT
9. COURTHOUSE COMMUNITY UNITED
ME THODIS T CHUR CH
CONDITIONAL USE PERMIT
Aprtl 8, 2003
- 36-
Item V-L.
PLANNING
ITEM # 51035
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl APPROVED in ONE
MOTION Items 3, 4, 5, 6, 7 and 8
L 4 was APPROVED, BY CONSENT, wtth added con&ttons
L 5 was APPROVED, B YCONSENT, wtth sttpulatton that the apphcatton be developed tn accordance wtth
rendertng
Vottng 11-0 (By Consent)
Councd Members Votzng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L
Wood
Counctl Members Voting Nay
None
Councd Members Absent
None
Aprtl 8, 2003
-37-
Item V-L. 1.
PLANNING
ITEM # 51036
The followtng regtstered tn SUPPORT:
Attorney R E Bourdon, Phone 499-8971, represented the apphcant and chstrtbuted correspondence of Aprtl
7, a site plan and elevatton comparison, which ts hereby made a part of the record Thts project is
comprtsed of eighteen (18) umts The setback has been modtfied to be a mmtmum of IS feet from the
shared property hne
The followtng regtstered tn OPPOSITION:
Todd Solomon, Prestdent- Shore Drive Communtty Coahtton, 2260 Ftrst Landtng Road, Phone 496-5733
Mr Solomon &stnbuted correspondence recommen&ng dental unttI the apphcatton meets the
reqmrements of the Shore Drtve Overlay Dtstrtct Said letter ts hereby made a part of the record
Mr Solomon requested the PD-H use be prohtbtted on anythtng less than 5 acres along Shore Drive
Attorney Carl Eason, 1100 Columbus Center, Phone 497-6633, Phone 497-6633, represented the Harbor
Vtew Condomtntum Assoctatton, dtstrtbuted pettttons tn OPPOSITION from owners of condomtntum
apartments at Harbor Vtew Condomtntum and the clostng dates of the Harbor Vtew owners
Upon motton by Counctlman Dtezel, seconded by Counctlman Wood, Ctty Counctl ADOPTED an Ordtnance
upon apphcatton of L YNNDUNES, INC. for a Change Of Zonmg
ORDINANCE UP ON APPLICA TION OF L YNND UNES, INC FOR A CHANGE OF
ZONING DISTRICT CLASSIFICA TION FR OM B-4 (SD) RESORT COMMERCIAL
DISTRICT WITHA SHORE DRIVE CORRIDOR 0 VERLA Y TO A-24 APARTMENT
DISTRICT WITH A PD-H 2 OVERLAY Z04032142
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Lynndunes, Inc for a Change of Zontng Dtstrtct
Classtficatton from B-4 (SD) Resort Commerctal Dtstrtct with a Shore Drtve
Corrtdor Overlay to A-24 Apartment Dtstrtct wtth a PD-H 2 Overlay on the south
side of Page Avenue, 530feet more or less west of Jade Street (GPIN 1489899316,
1489899450, 1489899457, 1489890364, 1489890350, 1489899298) Satdparcel
contains 38, 986 square feet more or less DISTRICT 5 - L YNNHA VEN
The followtng conchttons shall be requtred
The site shall be developed tn substanttal conformance wtth the submttted
prehmtnary site plan tttled"REESE SMITH ASSOCIATES BAY BEACH
CONDOMINIUMS", Sheet 1, dated 08/16/02, and latest revtston date
2/20/03, prepared by Warner andAssoctates Satdplan ts on file tn the Ctty
of Vtrgtnta Beach Planntng Department
The proposed buddtngs shall be constructed tn substanttal conformance
wtth the submttted preltmtnary elevattons tttled "REESE SMITH
ASSOCIATES BAY BEACH CONDOMINIUMS", Sheets A-2 and A-3,
dated 08/16/02, and latest revtston date 11/29/02, and Sheet A-4, 08/16/02,
and latest revtston date 11/08/02, prepared by Warner andAssoctates Satd
plan ts on file tn the Ctty of Vtrgtnta Beach Planntng Department
Aprtl 8, 2003
Item V-L. 1.
PLANNING
- 38-
ITEM # 51036 (Continued)
The proposed landscaping of the site shall be in substanttal conformance
wtth the submttted prehmtnary stte plan tttled "REESE SMITH
ASSOCIATES BA Y BEA CH CONDOMINIUMS", Sheet 1, dated 08/16/02,
and latest revtston date 11/08/02, prepared by Wtnn Nursery of Vtrgtnta,
W Carter Wtnn Satdplan ts onfile tn the Ctty of Vtrgtnta Beach Planntng
Department
The Page Avenue entrance to the site shall be tn substanttal conformance
wtth the submitted plan titled "PAGE A VENUE ENTRANCE", Sheet 2,
"REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", dated
08/16/02, prepared by Warner and Assoctates Satd plan ts on file tn the
Ctty of Vtrgtnta Beach Planntng Department
The apphcant shah coordtnate efforts wtth the Shore Drtve Advtsory
Committee, the Shore Drtve Communtty Coahtton, and the Ctty of Vtrgtnta
Beach to landscape the approxtmately 13, 500 square foot area between the
extsttng Shore Drtve pavement and the apphcant's property as a Shore
Drive Demonstration Project.
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (]) of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Etghth of Aprtl, Two Thousand Three
Vottng 7-4
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Richard A Maddox, Jtm Reeve, Peter W
Schmtdt, Rosemary Wtlson and James L. Wood
Council Members Vottng Nay
Mayor Meyera E Oberndorf, Vtce Mayor Louts R Jones, Reba S McClanan and
Ron A Villanueva
Counctl Members Absent
None
Aprtl 8, 2003
- 39-
Item V-L. 2.
PLANNING
ITEM # 5103 7
Attorney R E Bourdon, Phone 499-8971, advised this property is a 5 10 acre waterfront parcel wtth a
stgntficant amount of wetlands The lot could be subchvtded into three conformtng lots, tf not for the
regulattons of the Chesapeake Bay Preservatton Area Ordtnance. Thts apphcatton can be chvtded tnto
three (3) lots fronttng on Watersedge Drtve, and four (4) lots wtth a cul-du-sac whtch meets all
requtrements wtth all lots more than l OO feet from water marsh or wetlands
The followtng regtstered in OPPOSITION:
Karen Flemtng, 1417 Watersedge Drtve, Phone' 463-9993, wtsh to have development conform to extsttng
development and developed tnto two lots wtth stgntficant road frontage
Btll Brown, 1409 Watersedge Drive, Phone' 498-6636, conchttons requtred by the Planmng Commtsston
are tnadequate Do not wtsh homes to share drtveways or be stacked
Btll West, 3100 Watersedge Court, Phone, 321-9262, wtshes the development to be cohestve and not to
dtstract from the values of the netghborhood
Upon motton by Councdman Wood, seconded by Counctl Lady Wdson, Ctty Counctl DENIED the
apphcatton of BAY REFLECTIONS BUILDING, LLC for a Variance to Sectton 4 4 (b) of the Subdtvtston
Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zomng Ordmance (CZO)
Dectstons of Admtntstrattve Officers tn regard to certatn elements of the
Subdtvtston Ordtnance, Subdivlston for Bay Reflecttons Butldmg, L L C Property
ts located on the east stde of Watersedge Drtve, approximately 1200feet north of
Khne Drtve (GPIN 1498094470) and contatns 5 10 acres DISTRICT 5 -
L YNNHA VEN
Voting. 11-0
Councd Members Vottng Aye.
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 Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
None
April 8, 2003
Item V-L.3.
- 40-
PLANNING
ITEM it 51038
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Counctl APPROVED the
apphcatton of JOSEPH and CORRINE BENEDETTO for a Variance to Sectton 4 4 (b) of the Subdtvtston
Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance (CZO)
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the
Subchvtston Ordtnance, Subdivtston for Joseph Benedetto and Corrtne Benedetto
Property ts located at 4183 Whtte Acres Road (GPIN 1478894544, 1478891213)
Parcels contatn 17 13 acres DISTRICT 4 - BA YSIDE
The foliowtng condttton shall be required
The property shall be developed tn substanttal adherence to the submttted
plan entttled "SUBDIVISION OF 'WHITE ACRES,' Vtrgtnta Beach,
Vtrgtnta," prepared by TES, Inc Satd plan has been exhtbtted to the
Vtrgtnta Beach Ctty Counctl and ts on file tn the Ctty of Vtrgtnta Beach
Planmng Department
Vottng 11-0 (By ConsenO
Council Members Voting Aye.
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl& 2003
- 41 -
Item VOL. 4.
PLANNING
ITEM # 51039
Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council APPROVED the
apphcatton of SHORE VENTURES, LLC Variance to Sectton 4 4 (b) of the Subdtvtston Ordmance that
reqmres all newly created lots meet all the reqmrements of the Ctty Zomng Ordtnance (CZO)
Appeal to Dectsions of Admtmstrattve Officers tn regard to certatn elements of the
Subdtvtston Ordtnance, Subdtvtston for Shore Ventures, L L C Property ts located
at the Southeast corner of Cullen Road and Independence Boulevard (GPIN
14 7932 7191) DISTRICT 4 - BA YSIDE
The followtng condtttons shall be requtred
1 A no ingress~egress easement must be platted along Independence
Boulevard on Lot 2A
All setbacks on Lot 2A must be measured from the ulttmate rtght-of-way
wtdth of 150 feet for Independence Boulevard as shown on the Master
Transportatton Plan
3 The prtnctpal structure butlt on Lot 2A shall be ten (10) feet from the
southern property hne
Any structure built on Lot 2A shall be sttuated on the lot so the stde of the
structure factng Independence Boulevard shall not be closer to
Independence Boulevard than the matn portton of the house located on the
parcel to the south
No fence or accessory structure on Lot 2A shall be located tn the yard area
between the stde of the prtnctpal structure facmg Independence Boulevard
and Independence Boulevard
6 The prtnctpal structure on Lot 3A shall have a ntne (9) foot setback from
the southern property hne
Voting 11-0 (By ConsenO
Counctl Members Vottng Aye
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 Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counczl Members Absent
None
- 42 -
Item V-L. 5.
PLANNING
ITEM # 51040
Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd APPROVED the
apphcatton of CA THOLIC DIOCESE OF RICHMOND for a MODIFICATION of the chsconttnuance,
closure and abandonment ofa portton of Arcttc Crescent (APPROVED July 9, 2002), by reductng the area
to 2, 304 square feet:
Or&nance upon apphcatton of Cathohc Dtocese of Rtchmond for the
dtsconttnuance, closure and abandonment of aportton of Arcttc Crescent begtnntng
at the western boundary _r , ~,_ o ....... ,__
o,, Lot J and runmng ......... '-' to
boaiidaiy of Lo; .~ east apprommately 125feet Satd parcel contains 573-7-3 2,304
square feet DISTRICT 6 - BEACH
Modtfied Condition Number 3 to allow construction ora cul-de-sac.
The applicant ss requtred to construct a cul-de-sac at the new termtnus of
Arcttc Crescent, Arcttc Ctrcle and 14tn Street at no cost to the Ctty of
Vtrgtma Beach A constructton plan must be approved and bonded
through the Development Servtces Center of the Planntng Department
prior to recordatton of the street closure plat
The apphcatton shall be developed tn accordance wtth the rendertng.
Vottng 11-0 (By ConsenO
Councd Members Voting Aye
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
Councd Members Vottng Nay
None
Councd Members Absent
None
Aprtl 8, 2003
ORDINANCE NO.
ORD-
2740Q
IN THE MATTER OF CLOSING. VACATING AND
DISCONTINU]NG A PORTION OF THAT CERTAIN
STREET KNOWN AS ARCTIC CRESCENT AS SHOWN
ON THAT CERTAIN PLAT ENTITLED: "PLAT
SHOWING PORTION OF ARCTIC CRESCENT TO BE
CLOSED & V ACA TED BY CITY COUNCIL OF
VIRGINIA BEACH."
WHEREAS, on Ju]y 9,2002, Catholic Diocese of Richmond, applied to the Council
ofthe City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed,
and vacated;
ALL THAT certain piece or parcel of land situate,
lying and being in the City of Virginia Beach,
Virginia, designated and described as "AREA OF
STREET CLOSURE, AREA OF CLOSURE -5.373
SQ. FT./ 0/]23 ACRES" shown as the cross-hatched
area on that certain plat entitled: "PLAT SHOWING
PORTION OF ARCTIC CRESCENT TO BE
CLOSED & V ACA TED BY THE CITY COUNCIL
OF VIRGINIA BEACH" Scale: ] n = 40', dated May
]4, 2002, prepared by Gallup Surveyors a copy of
which was attached as Exhibit A.
WHEREAS, it was the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions being met on or before July 8,2003;
WHEREAS, it is requested that the area of Arctic Crescent to be closed be modified
as follows:
ALL THAT certain piece or parcel ofIand situate, lying and being in
the City of Virginia Beach, Virginia, designated as "AREA TO BE
CLOSED 2,304 SQ. FT. (0.053 AC) shown as the hatched area on
that certain plat entitled: "PLAT SHOWING PORTION OF ARCTIC
CRESCENT TO BE CLOSED & VACATED BY THE CITY
COUNCIL OF VIRGINIA BEACH" a copy of which is attached
hereto as Exhibit' A'.
WHEREAS, said request appears reasonable and is recommended for approval.
GPIN: (Parce] adjacent to these portions of street) 2427-16-5054-0000, 2427- ]5-5854-0000,2417-
15-5054-0000
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Virginia
Beach, Virginia, that the hereinabove Ordinance be modified to discontinue, close and vacate the
hereinabove street as follows:
ALL THAT certain piece or parcel ofIand situate, lying and being in
the City of Virginia Beach, Virginia, designated as "AREA TO BE
CLOSED 2,304 SQ. FT. (0.053 AC) shown as the hatched area on
that certain plat entitled: "PLAT SHOWING PORTION OF ARCTIC
CRESCENT TO BE CLOSED & VACATED BY THE CITY
COUNCIL OF VIRGINIA BEACH" a copy of which is attached
hereto as Exhibit' A'.
Condition # 3 has been modified as follows:
The applicant is required to construct a cul-de-sac at the new terminus of Arctic Crescent,
Arctic Circle and ]4th Street at no cost to the City of Virginia Beach. A construction plan must be
approved and bonded through the Development Services Center ofthe Planning Department prior to
recordation of the street closure plat.
Conditions #],2, 4-8 ofOrdinance#2715B approved by City Counci1 on July 9, 2002 remain
in effect.
Adopted by the Council ofthe City of Virginia Beach, Virginia, on this ~ day
of
April
,2003.
APPROvED AS TO LEGAL SUFFICIENCY:
4s-fI'J:?d~ ~~
City Attorney
CA-8740
June 3, 2004
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Catholic Diocese of Richmond
Star the Sea Catholic Church
LAKE HOLLY
R-5
LAKE HOLLY
Street Closure - Arctic Cresc.
ZONING HISTORY
o
,
3. Conditional Use Permit
Conditional Use Permit
Rezonlng (R-3 Multiple
Conditional Use Permit
4. Conditional Use Permit
Approved 4-11-00
5. Conditional Use Permit
Approved 1-26-93
Conditional Use Permit (Church/Additions)- Approved 4-12-94
Rezoning (R-5S Residential to RT-3 Resort Tourist) - Approved 6-9-92
Street Closure - Approved 3-10-92
Conditional Use Permit (Church / School Expansion) - Approved 5-9-95
Conditional Use Permit (School) - Approved 9-25-90
(Parking Lot) - Approved 8-14-01
(50 unit Motel) - Approved 11-8-65
Family Residence to M-H Motel-Hotel) and
(36 unit Motel) - Approved 8-10-64
(Recreational Facility of an Outdoor Nature) -
(Recreational Facility of an Outdoor Nature) -
6. Conditional Use Permit (Parking Lot) - Approved 2-14-95
7. Street Closure - Approved 3-10-98
8. Conditional Use Permit (Recreational Facility of an Outdoor Nature) -
Approved 5-26-92
9. Street Closure - Approved 5-8-01
Item V-L. 6.
PLANNING
- 43 -
ITEM # 51041
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure Ctty Counctl MODIFIED Proffer
No I of the apphcatton of ROBERT K. and LANG X. BELL to allow addmonal entrances, for the
Condtt~onal Zomng (APPROVED July 2, 2002)
Ordinance upon Applicatton of Robert K Bell and Lang X Bell for a Mod~ficatton
of Con&twns for a Condtttonal Rezomng approved by Ctty Counctl on July 2, 2002
Property is located at 6041 Indtan Rtver Road (GPIN 1456523841) DISTRICT 1
- CENTER VILLE
When the Property ts re-developed, tt shall be developed substantmlly as
shown on the exhtbtt entttled "LANG OPTICAL - REZONING EXHIBIT,"
prepared by Lewts Whtte and Assoctates, dated 9/24/02, whtch has been
exhtbtted to the Vtrgmta Beach Ctty Counctl and ts on file wtth the Vtrgtma
Beach Department of Planmng (hereinafter "&te Plan ")
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
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 Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 8, 2003
City o£ Virginia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5702
DATE: March 26, 2003
TO: Leslie L. Lilley DEPT: City Attorney
.ti .'~
FROM: B. Kay Wilson'~~ DEPT: City Attorney
Conditional Zoning Application
Robert K. Bell and Lang X. Bell
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 8, 2003. I have reviewed the subject proffer agreement, dated January
14, 2003, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
PREPARED BY
§vl~s. I~OIJtlDON.
~ & I.L~'Y. PC
ROBERT K. and LANG X. BELL, husband and wife
FIRST AMENDMENT TO
CONDITIONS)
(PROFFERED COVENANTS, RESTRICTIONS AND
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 14t~ day of January, 2003, by and between
ROBERT K. BELL and LANG X. BELL, husband and wife, parbes of the first part,
Grantors; and THE CITY OF VIRGINIA BEACH, a mumcipal corporataon of the
Commonwealth of Virginia, Grantee, party of the second part.
WITNESSETH:
WHEREAS, the Grantors are the owners of a certain parcel of property located
in the Centerville District of the City of Virginia Beach, Virginia, containing
approximately 0.42 acres as more particularly described in Exhibit "A' attached
hereto and incorporated herein by this reference (the ~Property'); and
WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and
Conditions" dated March 10, 2002 accepted by the Grantee and recorded on July 15,
2002 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
as Instrument Number 200207153001008 (~Proffers'); and
WHEREAS, the Grantors have initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virgtnia, by petition addressed to the
!Grantee so as to modify, in part, the previously proffered Covenants, Restrictions
'and Conditions governing development of the Property; and
WHEREAS, the Grantors have requested the Grantee accept a modification to
Proffers numbered 1 as contained in the Proffers; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
GPIN: 1456-52-3841
PREPARED BY
$~$. !~01.~])0~.
,~IilAttERN & LEVY'. PC
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantors' proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land simdarly zoned
are needed to resolve the mtuation to which the Grantors' rezoning application gives
rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following reasonable
conditions related to the physical development, opera, on, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or ~ts govermng body and without
any element of compulsion or quid PEP_ quo for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby makes the following declaration of conditions
and restrictions which shall restrict and govern the physical development, operation,
and use of the Property and hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors,
their successors, personal representatives, assigns, grantees, and other successors
in interest or title:
1. When the Property is re-developed, it shall be developed substantially
as shown on the exhibit entitled "LANG OPTICAL - REZONING EXHIBIT", prepared
by Lewis White and Associates, dated 9/24/02, which has been exhibited to the
V~rgima Beach City Councd and is on file w~th the V~rgin~a Beach Department of
Planning (hereinafter "Site Plan").
PREPARED BY
~;YgE$. ]~OUI~DON.
~[~ Aa~N & LEVY. P.C
2. The freestanding monument style sign designated on the Site Plan shall
be brick based monument style sign no greater than eight feet (87 zn height.
3. Ail outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property.
4. Category II Landscaping, as described in the Landscaping, Screening
and Buffering Specifications and Standards of the City of Virginia Beach, wLll be
provided adjacent to the sides and rear boundary of the Property as depicted on the
Site Plan.
5.
Only the following uses will be permitted on the Property:
a) Bumness studios, office and clinics;
b) Florists, gift shops and stationery stores; or
c) Medxcal and dental offices and clinics;
d) Optician wxth retail sales of eyewear.
6. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-1 Dxstrict and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivismn Ordinance of the City of Virginia Beach, Virginia, m force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment ;s part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virgima Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
~nstrument, provided that said instrument is consented to by the Grantee in writing
PREPARED BY
$~1;$, ~}OUP, DON.
Attt~N & Lk"VY. P C
as evidenced by a certtfied copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a pubhc hearing before the Grantee which was
advertxsed pursuant to the provisions of Sect_ton 15.2-2204 of the Code of Virginm,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and ff not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
V~rginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory ~njunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily avmlable and accessible for pubhc
inspection m the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
V~rginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee.
4
PREPARED BY
WS~/[[$. t~OURDON.
Attl~N &ItVY. PC
WITNESS the following signatures and seals:
GRANTORSk
Robert K. Bell
(SEAL)
Bell¢
_
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 14m day of
January, 2003, by Robert K. Bell and Lang X. Bell, husband and wife, Grantors.
My Commission Expires: August 31, 2006
PREPARED BY
§YEES. tlOUtlDON.
AttEtlN & LEVY. P.C
EXHIBIT "A'~
All that certain piece or parcel of land lying, situate and being in the Centerville
District of the City of Virginia Beach, being described as beganning at a point in the
southern line of the right of way of the Indian River Road at its intersection with the
dividing line between the property above described and the property of Roland E.
Russell, and running thence southerly along said Russell's western iine 150 feet,
more or less, to an iron pin; thence N. 83° 2 I'W. 114 feet, more or less, to another
iron pin; thence N. 01 ° 27' E. 223 feet, more or less, to an iron pm in the southern
line of the right of way of Indian River Road; thence along smd right of way hne S.
52° 30' E. 142 feet to the point of beginning.
Less and except that portion of the property conveyed to the City of Virginia Beach,
Virginia, by Warranty Deed dated January 23, 1975 as recorded in the Clerk's Office
of the Circuit Court of the City of Virgunia Beach in Deed Book 1467, at Page 656.
Said parcel containing approximately 0.422 acres is depicted on that plat recorded in
the afore referenced Clerk's Office in Deed Book 1459, at Page 120.
GPIN: 1456-52-3841
MODCONDITIONS/BELL/PROFFER
Item V-L. ?.
- 44 -
PLANNING
ITEM # 51042
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Councd MODIFIED
CONDITION NO. 1 of the Apphcatton of OSCAR L. EVERETT, III on the Use Permtt re a freestan&ng
stgn for the car wash (APPROVED Aprtl 10, 2001).
Or&nance upon Applicatton of Oscar L Everett, III for a Modtficatton of a
Condtttonal Use Permit for a car wash approved by Ctty Council on Aprtl 1 O, 2001
Property is located at 2530 Lynnhaven Parkway and contatns 3 124 acres (GPIN
1465833 733) DISTRICT 1 - CENTER VILLE
Con&tton No 1 shall be modtfied as follows
No freestandtng sign, other than the existing monument stgn at the corner
of Lynnhaven Parkway and lndtan Rtver Road, wall be allowed on thts stte
&gnage may be placed on the car wash bmldtng tn accordance wtth the
Zoning Ordtnance
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
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 Vtllanueva, Rosemary Wdson and James L Wood
Counctl Members Vottng Nay'
None
Counctl Members Absent
None
Aprtl 8, 2003
- 45 -
Item V-L. 8.
PLANNING
ITEM # 51043
Upon motton by Vice Mayor Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED Ordtnance
upon apphcatton of ST. NICHOLAS CATHOLIC CHURCH for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF ST NICHOLAS CA THOLIC CHURCH
FOR A CONDITIONAL USE PERMIT FOR A COLUMBARIUM R040331094
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of St Nicholas Cathohc Church for a Con&ttonal Use
Permtt for a columbartum at 712 Ltttle Neck Road (GPIN 1488805079) Parcel
contatns 11 959 acres DISTRICT 5 - LYNNHA VEN
The followtng condtttons shall be requtred
The condtttons attached to the ortgtnal Condtttonal Use Permtt and the
three (3) subsequent permtts granted by City Counctl shall remam tn effect
wtth the addttton of the columbartum to the stte
The columbartum shall be located tn the area shown on the submttted stte
plan entttled "Satnt Ntcholas Cathohc Church Columbartum, "prepared
by COMPO Constructton Company, dated January 13,2003
The wall shall be constructed ofbrtck and mortar wtth all ntches factng the
church bmldtng as deptcted on the submitted elevation entitled,
"Columbartum for St Ntcholas Cathohc Church, Vtrgtma Beach,
Vtrgtnta," prepared by Barnes Destgn Group, wtth dtmenstons not to
exceed seven (7) feet tn hetght and etghteen (18) feet tn length.
This Or&nance shall be effective tn accordance wtth Sectton 107 (D of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Etghth of Aprtl, Two Thousand Three
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
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 Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 8, 2003
- 46-
Item V-L. 9.
PLANNING
ITEM # 51044
Donn Lee, Board of Trustees, Chatrman of the Butldtng Committee, 2 729 Cantwell Road, Phone 430-3558,
represented the apphcant
Hattte M Setzer, 2424 Rock Creek Drtve, Chesapeake, Phone 424-5993, co-owner wtth husband of 5-acre
parcel of property adjacent to Commumty Methodist Church, regtstered tn Opposttton
Upon motton by Councdman Reeve, seconded by Councdman Schmidt, Ctty Councd ADOPTED Ordtnance
upon Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Condtttonal
Use Permtt
ORDINANCE UPONAPPLICA TION OF CO UR THO USE COMMUNITY UNITED
METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
EXPANSION R040331095
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcation of Courthouse Commumty Umted Metho&st Church
for a Condtttonal Use Permtt for a church expanston on property located at 2 708
Prtncess Anne Road (GPIN 1494557644, 1494557657) Parcel contatns 6 33
acres DISTRICT 7- PRINCESS ANNE
The followtng con&ttons shall be required
The stte shall be developed as deptcted tn the submttted stte plan entitled,
"Courthouse Commumty Umted Metho&st Church, Vtrgima Beach,
Vtrgtma "datedNovember 11, 2002 by Vanasse Hangen Brusthn, Inc , and
as condittoned below The "Future Parktng" and "Future Sanctuary"
shown on the plan ts not tncluded wtth this Condtttonal Use Permtt
The bmldmg addttton shall be constructed as deptcted tn the submttted
elevattons entttled, "Alterattons and Ad&tton to Courthouse Commumty
UMC, Vtrgtnta Beach, Vtrgtnta" datedNovember 2 7, 2002 by Lyall Destgn
Archttects
3 The modular untts shall be removed from thepropertyprtor to tssmng the
Certtficate of Occupancy for the expanston
A Category IV landscape buffer shall be tnstalled along the northeastern
property hne between the proposed improvements and the adjacent
restdenttal area
AH outdoor hghttng shah be shtelded to &rect hght and glare onto the
property, satd hghttng and glare shall be deflected, shaded, and focused
away from adjotntng property Any outdoor hghttng fixtures shall not be
erected any htgher than 14feet
Aprtl 8, 2003
-47-
Item V-L. 9.
PLANNING
ITEM # 51044 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgima Beach, Vtrgtma, on the Etghth of Aprtl, Two Thousand Three
Counctlman Reeve wtll meet wtth Mr and Mrs Setzer to resolve thetr concerns
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay.
None
Counctl Members Absent
None
Aprtl 8, 2003
- 48 -
Item V-M. 1.
APPOINTMENTS
ITEM # 51045
BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS
PARKS AND RECREATION COMMISSION
THE PLANNING COUNCIL
VIRGINIA BEA CH COMMUNITY DE VEL OPMENT AUTHORITY (VB CD C)
Aprtl 8, 2003
Item V-N. 1.
- 49-
RECESS ITEM # 51046
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews
of prospecttve candtdates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, chsctphntng, or
restgnatton of spectfic pubhc officers, appomtees, or employees
pursuant to Sectton 2 2-3 711 (A) (1)
To Wtt' Appotntments
Boards and Commtsstons
Parks and Recreatton Commtsston
The Plannmg Counctl
Vtrgmta Beach Communtty Development Authortty
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the
acquisttton of real propertyfor a pubhc purpose, or of the chsposttton
of pubhcly-held real property, where chscusston tn an open meetmg
would adversely affect the bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 2-3711(A)(3)
Acqutsttton/Dtsposttton of Property- Centervtlle Dtstrtct
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce MayorLoutsR Jones, Reba S McClanan,
Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,,
Ron A Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(8:34 P.M. - 9:03 P.M.)
Aprtl 8, 2003
- 50-
ITEM # $104 7
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, Aprtl 8, 2003, at 9 03 P M
Counctl Members Present
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 Wtlson and
James L Wood
Councd Members Absent
None
April 8, 2003
- 51 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51048
Upon motton by Council Lady Eure, seconded by Counctl Lady Wtlson, Ctty Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
reqmrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes;
AND,
Only such pubhc business matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 8, 2003
OUR
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 51046, page 49, and ~n accordance w~th the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS' Section 2 2-3 711 (A) of the Code of Vlrglma requires a certification by the governing
body that such Closed Session was conducted in conformity with Vlrglma law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certffies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by V~rg~ma law were d~scussed in Closed Session to which this certification resolution
applies; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convemng th~s Closed
Sesston were heard, discussed or considered by V~rgtma Beach C~ty Council
.l~uth Hodge~-'~mith, MMC
C~ty Clerk
April 8, 2003
- 52 -
Item V-P.
AD JO URNMENT
ITEM It 51049
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:05 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Cay Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
Aprtl 8, 2003