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NOVEMBER 5, 2002 MINUTES City of Virginia Beach "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Bayslde - DIstrict 4 MARGARET L EURE, Centervllle - DIstrIct 1 CITY COUNCIL REBA S McCLANAN, Rose Hall - DI~trtct 3 RICHARD A MADDOX, Beach - Dlstrlct 6 JIM REEVE, Prmcess Anne - DlVlrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dlstrlct 5 CITY COUNCIL AGENDA ClIT HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGIrvIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 EMAIL Ctycnc/@vbgov com JAMES K SPORE, City Manager LESLIE L LILLEY, City Attorney RUTH HODGES SMITH, MMC, CIty Clerk November 5, 2002 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. THEATRE Martha J. SIms, Director, Department of LIbraries B. MEMORANDUM OF UNDERSTANDING: VIrginIa Manne SCIence Museum FoundatIon Lynn Clements, Director, Department of Museums and Cultural Arts n. REVIEW OF AGENDA ITEMS m. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Sidney DaVIS SaInt James MISSIonary Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 29, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. CAPITAL BUDGET AMENDMENT Supplemental appropnatIon of $8.8-MIllion School Reversion Funds I. PUBLIC INPUT 1. COMMUNITY LEGISLATIVE AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to ADOPT the City's 2003 Community Legislative Agenda and REQUEST members of the CIty'S local General Assembly delegatIon sponsor and/or support 2003 legislation that would carry out the goals and objectIves set forth thereIn. 2. OrdInance to APPROPRIATE a total of$10,397,000 in FY 2001-2002 School Reversion Funds: a. $8.8- Million: FY 2002-2003 School Capital Budget $3,000,000 (1) (2) (3) (4) (5) $2,000,000 $3,200,000 $ 400,000 $ 200,000 TelecommunIcatIon Infrastructure Replacement InstructIonal Technology EqUIpment and VehIcle Replacement Student Data Management System Landstown HIgh School/Pnncess Anne Road Pedestnan Bndge b. $1,597,000: Instructional Category (1) (2) $1,400,000 $ 197,000 SOL Incentive Program AthletIc equIpment 3. OrdInance to APPROPRIATE $80,000 from the fund balance of the General Fund to provIde an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance replacement. 4. Ordinances to APPROPRIATE FY 2002-2003 funds to the Department of Museums and Cultural Arts: a. $112,500 Grant re educational programs b. $ 31,000 Grant to the FY 2002-2003 re Stranding Program. c. $ 18,000 from the FrancIs Land House Board of Governors Trust Fund re Board supported programs. 5. OrdInance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for ContIngencies to the FY 2002 operatIng budget of the Department of FInance re reimbursing the heirs of Melissa Jones. K. APPOINTMENTS P ARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********** If you are physically disabled or visually impaired and need assIstance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - TelephonIc DeVIce for the Deaf) *********** AGENDA 11/05/02s1b vv vv vv. vbQOV .com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 November 2002 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re THEATRE zn the Czty Counczl Conference Room, Czty Hall Buzldzng, on Tuesday, November 5,2002, at 2 30 P M Counczl Members Present Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Absent None For the Record, Vice Mayor Robert C. Mandigo, Jr., resigned effective October 30,2002. Robert C. Mandigo, Jr. 121 Gallant Fox Road Virginia Beach, VA 23462 October 30, 2002 VIA FACSIMILE AND U.S. MAIL To the Honorable Meyera Obemdorf, Mayor and :Members of City Council City of Virginia Beach c/o Ruth H. Smith, City Clerk Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear Mayor Obemdorf and Members of City Council: In view of recent events in my personal life and the deferred finding rendered by the Virginia Beach Juvenile and Domestic Relations Court in today's proceeding, I can no longer effectively perform the duties of the office. Accordingly, I hereby tender my resignation as Vice Mayor of the City of Virginia Beach and as the Kempsville District Representative (District 2) on the Virginia Beach City Council effective immediately. I apologize to the Council, to the citizens of the City of Virginia Beach and to the City Staff for any pain and embarrassment they may have suffered. I have been honored and privileged to serve the citizens of this great City. I wish the Mayor and Council well as they continue to serve the best interests of the City of Virginia Beach. With pride in our City, I remain /,? ~ryt ~rul,yYOUd" , ' ~jJ-//Z~ Robert C. Mandigo, Jr./" -2- CITY MANA GER IS BRIEFING THEATRE 2:30 P.M. ITEM # 50323 Marcy Szms, Dzrector - Department of Lzbrarzes, advzsed the presentatzon zs dzvzded znto four (4) parts Mrs Szms wzll provzde the background relatzve the Performing Arts Theatre Steering Committee The Overview of the Program will be conducted by Elzssa Getto, Senzor Consultant - Theatre Projects Consultants (TPC) and Lezgh Breslau, Deszgn Partner - Skzdmore, Owzngs and Merrzll LLP (SOM) The Program Recommendations wzll be by Lezgh Breslau and the Funding Options and Summary wzll be by Steven Thompson, Chzef Fznanczal Officer Thzs zs the second offour (4) presentatzons, whzch Czty Counczl wzll recezve over the next four (4) weeks, regardzng projects related to the conventzon center Ms Szms advzsed the Czty retazned the servzces of Theatre projects Consultants and Webb Management Servzces zn June 2001 The two-phase study was completed over a seven month perzod The first phase of the study was a Needs Assessment to address the feaslbzlzty of developzng faczlztzes to serve the communzty The second phase was an evaluatzon of potentzal sztes for a replacement faczlzty for the Pavzlzon Theater and plans and budgets for the constructzon operatzon of recommended faczlztzes BACKGROUND February 27,2001 * City Council directIOn to replace eXlstmg PavlllOn Theatre Sprmg 2001 Performmg Arts Theatre Steermg Committee formed, Theatre Projects Consultants (TPC) selected as theatre consultant Marcy Sims and EllIOtt Jones (Co- Chaired) Summer/Fall 2001 TPC mtervlewed over 75 City leaders and local arts groups to assess the cultural needs of the communzty September 13, 2001 Publlc Input meetmg held by Vlrglnza Beach Arts and Humanztles CommissIOn and Theatre Steermg Committee October 9,2001 City Council bnefing by Theatre Projects Consultants (TPC) on Needs Assessment Study RecommendatIOns 1,000 - 1,200 seats 83,704 gross sqUale feet November 27, 2001 City Council bnefing by TPC On Site AnalysIs Study RecommendatIOn LocatIOn Town Center December 11,2001 City Council ResolutIOn endorsmg Town Center as site for new Performmg Arts Theatre Apnl2, 2002** City Council Bnefing by TPC on Capital Budget and Busmess Plan Apnl 17, 2002 Publlc mput meetmg held by Arts and Humanztles CommissIOn and Theatre Steermg Committee May 14, 2002 Project Budget for 1200-seat theatre $ 44 5-MILLION Total Theatre Budget $ 55-MILLION Site Purchase and Parkmf! $ 50 O-MILLION Total Project Budget CIPBudgetapproved $ 35 O-MILLION City Fundmg $ 15 O-MILLION Communztv Fundmf! $ 50 O-MILLION Total Project Budget Sprmg 2002 Skdmore, Owmgs & Mernll (SOM) selected as Theatre architect teamed with Clark Nexsen, Theatre Consultants, Jaffe Holden Accoustlcs, Consultants, Inc Summer 2002 Contracted with The Kellogg OrganzzatlOn, Inc through the Vlrgmla Beach FoundatIOn to conduct a F easlbzllty Study re the fund razsmg November 5,2002 - 3 - CITY MANA GER 'S BRIEFING THEATRE ITEM # 50323 (Continued) *As a result of the February 27, 2001, actzon, $20-MILLION was placed zn the Capztal Improvement Program The correspondence of the Mayor and Vzce Mayor on February Twenty-seventh zndzcates the $20- MILLION was not envzszoned to cover the total cost of a new theatre A new theatre could easzly cost between $15-MILLION and $45-MILLION **$300 per squarefeet equates to a total theatre cost of$45 5-MILLION The land acquzsztzon and parkzng garage at Town Center adds another $5 5-MILLION for a total project cost of$50-MILLION The buszness plan also zndzcates the net operatzng cost to be absorbed by the Czty would be approxzmately $408,000 The current operatzng costs of the present theatre zs between $250,000 and $300,000 Mrs Szms referenced the Virginia Beach Performing Arts Theatre Project Schedule: Design and Engineering Phase 13 months Construction Phase 14 months Opening of Theatre Spring 2006 The Current theatre zs out of commzsszon zn Spring 2005. Wzth no further delays, zt wzll entazl approxzmately one (1) year, posszbly fifteen (15) months of downtzme, zn whzch no replacement theatre wzll be avazlable zn Vzrgznza Beach There zs a gap between the funds authorzzed ($35-MILLION) by Czty Counczl and the total estzmated budget of$50-MILLION Both these figures encompass the land and parkzng garage Mrs Szms advzsed whzle the fund razszng feaszbzlzty study underway to determzne the amount of fundzng to be razsed wzthzn the communzty to brzdge thzs $15-MILLION gap, the Theatre and Deszgn Consultzng Team was requested to provzde znformatzon relatzve the szze and type of theatre whzch could be buzlt wzth the funds avazlable The consultants recommend varyzng zncrements up to the complete theatre prevzously presented The Consultzng Team was also requested to project the types of uses the varyzng szze theatres mzght povzde Elzssa Getto advzsed, durzng the course of thzs analyszs by the team of Skzdmore, Owzngs & Merrzll LLP, Theatre PrOjects Consultants, Jaffe Holden Acoustzcs, Inc and Donnell Consultants, Inc, workzng wzth Marcy Szms, Steve Thompson, Emzly Spruzll, Aaron Webb, Davzd Bradley and Everette Herndon, there has been tremendous personal exchange The Feaszbzlzty Study was conducted by TPC and Webb Management zn 2001 and 2002 and addressed zssues through he Communzty Needs study the type and szze venue, detazled space program and prelzmznary concepts, approprzate szte and order of magnztude, constructzon and pro forma operatzng budget The study was accomplzshed through extenszve indepth "one on one" zntervzews wzth current users of the Pavz!zon, potentzal users of a new venue, czty officzals wzth wrztten questzonnazres, demographzc analyszs and znventory of venues locally and regzonally The przmary recommendatzon zs the Pavzlzon Theatre should be replaced by a moderately przced venue of 1,000 to 1,200 seats at an estzmated cost of $300 per square foot After the replacement, whzch was of the hzghest przorzty to meet a far lesser need, TPC and Webb recommended a 300 to 500-seat venue for very small organzzatzons and a 2500 to 3500-seat commerczal venue Mrs Getto dzsplayed the lzst of Arts organzzatzons whzch comprzsed the user zntervzews A chart depzctzng the Arts organizations seating demand Wzth an accommodatzon of 1200 seats, the czrcles represent 182 peiformances, an addztzonal 75 preparatzon days, 250 days of anczllary rehearsal spaces and the estzmated usage zs at 507 wzth 257 actual usage days There zs an addztzonal category Promoters who would work cooperatzvely wzth all the local and regzonal Arts organzzatzons, provzdzng the same excellence exhzbzted through the polzczes of the Pavzlzon and the staff All promoters are drzven by one overrzdzng concern the number of seats whzch wzll determzne the potentzal gross revenue Gross revenue translates into net profit. The larger the seat count, the more znterest form outszde promoters and a greater chance to make money on presentatzons and develop more self sufficzen cy and less publzc support Public Spaces Performance Spaces Stage Support Performer Support Rehearsal Space Administrative Offices Services Total Net Program Area Pavilion Theatre 1000 seats 11,813 11,580 9,220 2,172 1,848 N/A 2.718 39,351 TPC New Theatre 1200 seats 19,785 19,210 2,895 4,250 4,700 1,690 1.060 53,590 November 5, 2002 - 4- CITY MANAGER'S BRIEFING THEATRE ITEM # S0323 (Continued) Prelzmznary project Budget Estzmate Moderate Quality 1200 seats $ 300/sf Construction Cost* Design Fee and Owner Contingency Land and Parking Total Project Cost 33.S-MILLION 11.0-MILLION S.S-MILLION $ SO.O-MILLION Mrs Getto dzsplayed project qualzty examples Florida State University, Ford Center, Moores Opera House and Steppenwolf Theatre. The $SO-MILLION, 1200 seat Performzng Arts Theatre fulfills the needs of the greatest number of Arts organzzatzons Moderate Lobby and Front of House, donors room/no gift shop/no users support Stage - 90' wide, 4S'deep, 70' high/Proscenium - SO' wide x 28' high/no projection / surtitle booth Moderate office and storage/ no crew changing/no carpenters office Full Performer Support Rehearsal Hall and Dance Studio Moderate Administration Spaces/ no community arts group space Full Building Services The zmportance zs thzs theatre meets the needs of the vast majorzty of arts organzzatzons and prospectzve users It provzdes the reqUlszte seat count for the Vzrgznza Symphony to do programmzng wzth szgnificant natzonal artzsts and larger works Statzstzcs were detazled relatzve the overvzew of the program for a 1,000, 800 and 600-seat Performing Arts Theatre. The Gross Revenue Potentzal was czted, 600 seats 800 seats 1000 seats 1200 seats $ .8S-MILLION $ 1.14-MILLION $ 1.42-MILLION $ 1.70-MILLION A larger capaczty theatre has a szgnificant posztzve zmpact onfacizty renters and thezr financzal performance Most of these groups have hzgh fixed costs and need the larger capaczty to support thezr actzvztzes Wzth a 1200-seat venue, there wzll be 257 antzczpated rental days Program Recommendations A 600 to 800-seat hall best serves only 5 out of a potentzallzst of 28 arts organzzatzons A 600 to 800-seat hall may actually exclude a majorzty of the users, due to added performances and zncreased operatzon costs Mazntaznzng the seat count at 1000 seats does not support the growth of arts organzzatzons zn Vzrgznza Beach Increaszng the seat count to 1200 allows for on-gozng audzence development and organzzatzonal growth A 1200-seat hallzs a more vzable rental and presentzng faczlzty November 5, 2002 - 5 - CITY MANAGER1S BRIEFING THEATRE ITEM # 50323 (Continued) Mrs Getto advzsed, based on bezng the Chzef Executzve Officer of three (3) major performzng arts centers, General Manager of Theatre Projects Consultants (TPC) and wzth the support of her esteemed colleagues, the Czty stands at an zmportant junctzon The Pavzlzon Theater has been a proud and effectzve part of the growth of the Czty and the exzstzng Conventzon Center Its zmpact zs wzde spread, not just zn Vzrgznza Beach, but zn the greater Hampton Roads area The Pavz!zon has nurtured the creatzve spzrzt of numerous arts organzzatzons, all eagerly lookzng forward to a theatre to carry them znto the future The Pavzlzon 's replacement needs to not only address the current needs of the cultural communzty zn thzs area, but needs to help propel the arts organzzatzon znto developzng thezr vzszons znto an even greater level Just as the Conventzon Center wzll be an zcon of Vzrgznza Beach for decades, so should the Theatre Lezgh Breslau commented re the deszgn potentzal of the project SOM has been examzning the avazlable szte at Town Center and some evaluatzon of the configuratzon of the buzldzng on that szte and the addztzonal development around thzs buzldzng One of the unzque opportunztzes wzth thzs project, as opposed to the exzstzng buzldzng, zs the opportunzty to buzld a "lzvzng theatre" complex BENEFITS OF A NEW THEATRE Public Spaces Performance Spaces Performer Support Rehearsal Spaces Support Programming New Civic Spaces Facilities Image (Enlarged and (Enlarged and (Enlarged and (Enlarged and (Admlmstratlve (Expanded and Enhanced) Enhanced) Enhanced) Enhanced) & Buddmg) Enhanced) Lobbies More mtlmate Expanded range of Adequately sized Modern staff Promoter audience Dressmg Rooms for Mam Rehearsal offices shows configuratIOn performance types Hall wzth adjustable acoustic systems ConcessIOns Improved sight lmes Wardrobe, Laundry, New Dance and Modern efficient Self-presentmg ProductIOn Offices, Rehearsal Studio buddmg systems shows Crew space and with adjustable Green Room acoustic systems Donor Slgmficantly Improved Off-stage support Facllztles room acoustics and storage areas Retad space Adjustable acoustic systems for wide range of performance types Restrooms Improved and expanded sound an lzghtmg systems Enlarged stage Improved pit configuratIOn Trap Room provIsIOn Mrs Szms referenced Key Points to Consider A 1200-seat theatre's potentzalzmpact to Town Center Development Vzrgznza Beach can buzld a performzng arts theatre for what zt needs TODA Y or zt can buzld for what CAN BE Vzrgznza Beach reszdents are lookzng for an zmproved qualzty of life that zncludes amenztzes, such as arts and entertaznment programs, close to where they lzve New faczlztzes can have szgnificant and posztzve zmpacts on the communzty, zmprovzng the qualzty of life, communzty development, economzc development and thezr potentzal role zn the development of cultural tourzsm A 1200-seat theatre at Town Center has a greater potentzal for regzonalzmpact November 5,2002 - 6- CITY MANAGER'S BRIEFING THEATRE ITEM # 50323 (Continued) Mrs Szms advzsed the Czty contracted through the Kellogg Organzzatzon, headquartered zn Denver, to perform a fund razszng feaszbzlzty study The Kellogg Organzzatzon has conducted studzes for the Vzrgznza Opera, the Vzrgznza Symphony, the Suffolk Performzng Arts Center, the Vzrgznza Arts Festzval and the Unzverszty of Vzrgznza Whzle, the Kellogg organzzatzon zs a natzonal firm, they are very famzlzar wzth the Czty's regzonal and local phzlanthropzc market The Kellogg organzzatzon has a local office zn Norfolk The purpose of the Fund Razszng Feaszbzlzty Study zs to determzne the amount offundzng expected to be razsed from the przvate sector zn the communzty for a new theatre, to zdentify the potentzal volunteer leadershzp and potentzal donors The prelzmznary findzngs have been recezved the Challenges encompass economy, philanthropic culture and project history. The Kellogg organzzatzon has estzmated between $3- and $8- MILLION could be razsed zn the communzty through combzned corporate and zndzvzdual fund raising, naming opportunities and grants. Steven Thompson advzsed the commztment zs to provzde a comparable replacement theatre, generally znterpreted to be at least the same szze and qualzty FUNDING $ 35-MILLION I5-MILLION $ 50-MILLION City Funding Community Support Total Project Budget Communzty support also means fund razsers, namzng rzghts, dedIcated amusement taxes, a per tzcket charge for parkzng and capztalzmprovements Addztzonal amusement taxes to be generated by the faczlzty have been zdentified zn TPC's study as a means to offset operatzonal and capital costs The zncome from the amusement tax zs estzmated to be approxzmately $3-MILLION toward the total project Mr Thompson czted examples User Fees at Area Venues Venue Czty User Fee Parkzng Fee Chrysler Hall/Scope Norfolk $1 50 Buzldzng F aczlzty $4 Charge Hampton Colzseum Hampton $1 - $2 50 Buzldzng $3 F aczlzty Charge Verzzon Wzreless Vzrgznza Beach N/A $ 3 added to tzcket Amphztheatre przce Fundzng alternatzves wzll close the gap zn capztal fundzng wzth no tax zncreases The fundzng contzngency relzes on user fees, the capztal campazgn and exzstzng revenue sources Mr Thompson czted two (2) examples Project Funding $35 -MILLION 4.6-MILLION 7.4-MILLION 3.0-MILLION $50 -MILLION City * Community Capital Campaign Capital Improvement Fee * ($4 Average) Amusement Tax* Total Project *Czty Controlled Varzables Project Funding $35 -MILLION 8.3-MILLION 3.7-MILLION 3.0-MILLION $50 -MILLION City * Community Capital Campaign Capital Improvement Fee * ($2 Average) Amusement Tax* Total Project *Czty Controlled Varzables November 5,2002 - 7 - CITY MANAGER'S BRIEFING THEATRE ITEM # 50323 (Continued) SUMMARY A 1200-seat theatre meets the present needs of the local and tourzng arts organzzatzons, promotes the development of the arts zn Vzrgznza Beach and provzdes the greatest potentzalzmpact to Town Center A 600-seat theatre can be buzlt to budget but serves only the smallest 5 of 2 8 arts organzzatzons A successful fund razszng campazgn, coupled wzth user fees, lzmzts uncertaznty of the communzty campazgn and provzdes the capztal funds necessary for the faczlzty The Path Forward Site Selection Council Commitment November 19, 2002 Appoint Theatre Steering Committee January 2003 Identify Campaign Leadership/Funding Design Start January 2003 Groundbreaking July 2004 Capital Campaign Complete July 2005 Theatre Opening Spring 2006 Mr Breslau advzsed to cool and heat the buzldzng, a central plant would be necessary (Chzllers, furnaces, etc) The prOjects whzch were less expenszve are on campuses that have mazn central plants and capable to tap znto these systems, not buzld thezr own There may be an opportunzty for thzs at Town Center Mr Breslau advzsed Counczlman Jones, relatzve the $ll-MILLION contzngency, when a buzldzng deszgn zs not avazlable, funds are set aszde to allow for the development of the buzldzng and szte Thzs zs good practzce Nearly (half the amount entazls the contzngency, then there zs testzng, znspectzons, legal fees, approxzmately one-thzrd znc/udes the arch z tectural fees and approxzmately fifteen (15) other sub consultants Mr Breslau advzsed relatzve renovatzng the pavzlzon, approxzmately 10% would be saved over the cost of new constructzon Counczlman Reeve referenced the economzc spzn-offwzll be concentrated maznly zn the Town Center area The retazl shops, restaurants and hotel would stand to gazn The Czty Manager advzsed the Speczal Tax Dzstrzct has been utzlzzed at Town Center to cover operatzons and any gap on the TIF zn the parkzng The economzc ((spzn-offs" of a theatre go well beyond the zmmedzate area The larger, cultural economzc development needs to be kept zn mznd Counczlman Vzllanueva znquzred whether Hampton Roads needs another 1200-seat theatre? Counczlman Vzllanueva czted the Harrzson Opera House and the ODU Conference Center Our theatre wzll be zn dzrect competztzon wzth the other exzstzng faczlztzes Mrs Getto advzsed the przmary questzon zs ((Does Vzrgznza Beach need a theatre to replace the Pavzlzon?" It zs not what zt competes wzth, zt zs a need of the users Relatzve regional facilities There are 20 facilities with less than 900-seats There are 15 facilities with more than 1,500-seats There is no facility in the region between 900-1,500 seats with the exception of the Pavilion Theatre Counczlman Maddox advzsed the square footage of the faczlzty zs 83,704 square feet However, after the spaces are broken down, the totalzs 53,590 square feet Mr Breslau advzsed the 53,590 square feet zs net space In all buzldzngs there are spaces resultzng from the wall constructzon thzckness, the shaft, attzc and mechanzcal space In all buzldzngs, at least 30% of the buzldzng zs not usable November 5, 2002 -8- CITY MANAGERIS BRIEFING THEATRE ITEM # 50323 (Continued) The Czty Manager advzsed re taxzng the hotel zndustry, three (3) components open space/ theatre and conventzon center comprzse the fundzng package Fundzng evolves from the cigarette tax, restaurant and hotel tax Relatzve the Chrysler Museum's success zn razszng funds, Marcy Szms advzsed Andrew Fzne was very successful zn leadzng thzs campazgn The success of the campazgn zs dependent upon strong volunteer leadershzp Mayor Oberndorf advzsed most of the donors to these other theatres Vzrgznza Stage Company, Harrzson Opera House, lzve zn Vzrgznza Beach The representatzves of the different arts groups advzsed the Mayor that zt zs Vzrgznza Beach zndzvzdual money that supports them Thzs Czty wzll be 40 years old on January Fzrst, the tzme has come to establzsh Vzrgznza Beach as more than an edge czty, some of the cultural arts need to be represented Courtney Dyer, Admznzstrator - Pavzlzon, advzsed a 30% dzscount zs offered for charztable or non-profit organzzatzons and organzzatzons funded by the Arts and Humanztzes Commzsszon Thezr taxes are proportzonate The amusement taxes are a slzdzng scale, a 10% tax Mr Dyer advzsed there are many przvate events, conventzon and meetzngs at the Pavzlzon, whzch do not advertzse The Pavzlzon advertzses a monthly schedule of events to advzse the communzty Vzrgznza Symphony, Vzrgznza Muszcal Theatre, etc promote thezr own events These promoters pay thezr own fees for advertzszng Mr Dyer advzsed the newspapers are fed for "best bets" and a schedule of events zs sent to new organzzatzons Mrs Szms advzsed Counczlman Reeve, operatzons would entazl approxzmately $408,000 a year City funding. The revenue stream is predicted at $1. 7-MILLION gross. Mrs Szms provzded a copy of the Business Plan to Counczlman Reeve Thzs zs also avazlable through the Czty's webszte www vbf!oV com Counczlman Reeve noted relatzve the Buszness Plan, Earned Revenues are depicted as only $700,000, not $1. 7-MILLION per year. Expenses are also indicated as $1.5-MILLION per year, with a requirement funding 0/$787,000 Thzs zs reduced from $ 787,000 down to $407,000 by endowment, payouts, zncremental admzsszon tax and annual fund razszng If these goals are not met, who makes up the difference? The Czty Manager advzsed the Czty would make up the difference Counczlman Reeve requested Mr Thompson verify the buszness Plan sznce there zs an apparent difference zn the prznted accountzng Mrs Getto advzsed the average usage of the Pavzlzon was approxzmately 561 Thzs zs slzghtly deceptzve as zt znvolves groups who sell 150 tzckets and those that are sell outs of 1,000 There wzll be evenzngs wzth only 300 or 400 zn attendance Counczlman Maddox requested znformatzon relatzve the number of days the faczlzty would actually utzlzze 1200 seats November 5, 2002 - 9- CITY MANA GER 'S BRIEFING MEMORANDUM OF UNDERSTANDING 4:22 P.M. ITEM # 50324 Lynn Clements, Dzrector - Department of Museums and Cultural Arts, advzsed the Virginia Museum of Marine Science Foundation was organzzed and charted as a przvate, non-stock corporatzon The Foundation wasformed and hasfunctzonedfor many years for the purpose ofsupportzng the Museum and zts programs, asszstzng zn the zdentzficatzon, acquzsztzon and contrzbutzon of exhzbzts, provzdzng financzal support and zncreaszng publzc knowledge of Vzrgznza 's unzque marzne envzronment Over $10-MILLION zn Exhzbzts have been recezved There have been two (2) capztal campazgns Grants have also been wrztten The Foundation owns the exhzbzts at the Marine Science Museum, wzth the Czty ownzng the buzldzng Thzs zs a "wzn-wzn" operatzon The proposed Memorandum of Understanding and Operating Agreement wzll memorzalzze the Foundatzon 's long-standzng relatzonshzp wzth the Czty The Foundatzon has a tax exempt status underSectzon 501 (c) 3 of the Internal Revenue Code The Memorandum ofUnderstandzngdefines the roles and relatzonshzp of the entitzes and the Operatzng Agreement outlznes the operatzngprocedures,joznt promotzonal efforts, znsurance needs and record keepzng oblzgatzons Former Senator Wzley Mztchell and Attorney for the Foundatzon, referenced the unpleasant and prolonged encounter wzth the People for the Ethzcal Treatment of Anzmals (PET A) over the productzon of records Among other thzngs, PET A sought productzon of Virginia Museum of Marine Science Foundation records The Foundatzon took the posztzon that zt zs a przvate corporatzon and zts records are not covered by the Vzrgznza Freedom of Informatzon Act There was a serzes of three or four Court hearzngs wzth a trzal The Judge ruled the Foundatzon was correct The Foundatzon's records are przvate and not subject to productzon under the Freedom of Informatzon Act The Judge suggested zn a dzrect manner that the relatzonshzp between the Czty and the Foundatzon needed to be defined zn a more speczfic manner The Foundatzon rezmburses the Czty for the salarzes of approxzmately sixteen (16) employees These employees work at the Vzrgznza Marzne Sczence Museum relatzve Foundatzon projects PETA argued that when the Foundation zs operatzng on Czty property, and utzlzzzng Czty employees to provzde zts admznzstratzve and accountzng servzces, Czty equzpment and office faczlztzes, the Foundation becomes a part of the Czty The Court held thzs was not the case The Judge suggested the Foundation make certazn zt has separate quarters at the Museum, mazntazns zts records zn separate file cabznets and has an agreement whzch defines roles and relatzonshzps of the entztzes The Czty Attorney advzsed there zs no formal recordatzon of the respectzve responszbzlztzes of the Foundatzon and the Czty The Memorandum of Understandzng baszcally records the current relatzonshzp between the Foundatzon and the Czty Mr Wzley advzsed the Foundation owns the majorzty of the Exhzbzts at the Vzrgznza Marzne Sczence Museum, however, the Czty mazntazns these exhzbzts There has never been a wrztten agreement to that effect The Agreement states that if the Foundatzon dzssolves and no longer exzsts, the Czty automatzcally owns the exhzbzts Mayor Oberndorf referenced photographs she had prevzously dzstrzbuted of her standzng zn the razn wzth former Vzce Mayor Wzllzam Sessoms, Senator Warner and Senator Allen zn Washzngton, DC, relatzve recezvzng a Federal Grant award of $112,000 from the Institute of Museums and Library Services forthe Vzrgznza Marzne Sczence Museum bezng the most outstandzng museum November 5, 2002 - 10- AGE N DA REV I E W S E S S ION 4: 33P.M. ITEM # 50325 J 1. Resolutzon to ADOPT the Czty's 2003 Communzty Legzslatzve Agenda and REQUEST members of the Czty 's local General Assembly delegatzon sponsor and/or support 2003 legzslatzon that would carry out the goals and obJectzves set forth therezn Counczl Lady Wzlson referenced 17. Same Day Voter Registration The General Assembly zs requested to allow the Regzstrar's Office of local governments to perform same day voter regzstratzon services bezng currently provzded zn many other states Some other electzon officials have expressed concern Examples were czted as zndzvzduals wzth vzolatzons such as two different reszdences, a felon or someone who zs not a cztzzen These cannot be dzscovered wzth same day Voter Registration Mayor Oberndorf has spoken wzth other Mayors and the concept zs workzng favorably Two pzeces of zdentzficatzon must be presented for the voter regzstratzon The Mayor zs znterested zn more zndzvzduals partzczpatzng zn the democratzc process Counczl Lady McClanan expressed concern relatzve the Public Safety Addendum Robert Matthzas, Asszstant to the Czty Manager, advzsed the Public Safety Addendum zs not there for endorsement by the Czty Counczl Thzs Addendum zs szmply gzvzng the Pohce Department the authorzty to work wzth the Vzrgznza Chzef of Polzce Assoczatzon or the delegatzon zndzvzdually to obtazn patrons Thzs zs not really part of the Czty Counczl's legzslatzve package and zs not zncluded zn the Resolutzon to be acted upon by the Czty Counczl Counczlman Wood expressed concern relatzve Item No.6. Inspection Warrants for Building Code Violations, as zt refers to enterzng one's przvate home Andrew Frzedman, Dzrector of Houszng and Nezghborhood Preservatzon, shall provzde znformatzon for dzscusszon durzng the Formal Sesszon ITEM # 50326 J 2 Ordznance to APPROPRIATE a total of$10,397,000 zn FY 2001-2002 School Reverszon Funds a $8.8-Million: FY 2002-2003 School Capital Budget (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 Telecommunzcatzon Infrastructure Replacement Instructzonal Technology Equzpment and Vehicle Replacement Student Data Management System Landstown Hzgh School/Przncess Anne Road Pedestrzan Brzdge b $1,597,000: Instructional Category (1) $1,400,000 (2) $ 197,000 SOL Incentzve Program Athletzc equzpment Counczl Lady Wzlson requested thzs ztem be DEFERRED, untzl the Czty Counczl Sesszon of November 12, 2002 Counczl Lady Wzlson advzsed the School Board has not had a chance to address the Resolutzon EXPRESSING Czty Counczl 's posztzon on the use of unspent local approprzatzons re School Board employee salary zncreases to be effectzve November 15, 2002, rather than as scheduled zn the operatzng budget for January 1, 2003 (Adopted by the Czty Counczl on October 29, 2002) Vzcky Lewzs, ChzefFznanczal Officer- Vzrgznza Beach Czty Schools, advzsed there zs $18 3 zn Reverszonary Funds The reason for the approprzatzon zn the amount of $10,397,000, zs the $7.4-MILLION avazlable zn undeszgnated Capztal Improvement Program wzll be brought forward at a later date concernzng re- approprzatzon of these funds Mrs Lewzs advzsed Counczl Lady Eure at leastfzfty (50) school buses wzll be purchased There are currently 680 school buses Thzs ztem wzll be DEFERRED, BY CONSENT, until the Czty Counczl Sesszon of November 12, 2002 November 5,2002 - 11 - AGE N DA REV I E W S E S S ION ITEM # 50327 J 5 Ordznance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for Contzngenczes to the FY 2002 operatzng budget of the Department of Fznance re reimbursing the heirs of Melissa Jones Assoczate Czty Attorney Larry Spencer advzsed Counczlman Maddox, the proposed ordznance refunds money unclazmed after land was sold to pay delznquent real estate taxes After two parcels of real property were sold zn 1994 and 1995, the hezrs of Melissa Jones were entztled to, but never clazmed, $10,679 32 zn sale proceeds After going unclazmed for two years, Vzrgznza Code provzdes that unclazmed funds from property tax sales be pazd znto the local treasury These funds were pazd to the Czty Treasurer zn late 1997 The famzly dzd not appear or make any clazm to these funds untzl the summer of 2002 There were szx (6) hezrs Only one approached Mr Spencer, the others dzd not seem to be aware of thzs property Thzs ordznance refunds the entzre amount due to the famzly, wzth znterest ITEM # 50328 BY CONSENSUS, thefollowzngshall compose the CONSENT AGENDA: RESOLUTION/ORDINANCES J 2 Ordznance to APPROPRIATE a total of $10,397,000 zn FY 2001-2002 School Reverszon Funds a $8.8-Million: FY 2002-2003 School Capital Budget (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 Telecommunzcatzon Infrastructure Replacement Instructzonal Technology Equzpment and Vehzcle Replacement Student Data Management System Landstown Hzgh School/Przncess Anne Road Pedestrzan Brzdge b $1,597,000: Instructional Category (1) $1,400,000 (2) $ 197,000 SOL Incentzve Program Athletzc equzpment J 3 Ordznance to APPROPRIATE $80,000 from thefund balance of the General Fund to provzde an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance replacement J 4 Ordznances to APPROPRIATE FY 2002-2003 funds to the Department of Museums and Cultural Arts: a $112,500 Grant re educational programs b $ 31,000 Grant to the FY 2002-2003 re Stranding Program c $ 18,000 from the Franczs Land House Board of Governors Trust Fund re Board supported programs. J 5 Ordznance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for Contzngenczes to the FY 2002 operatzng budget of the Department of Fznance re reimbursing the heirs of Melissa Jones Item J 2 wzll be DEFERRED, BY CONSENT, untzl the Czty Counczl Sesszon of November 12, 2002 November 5, 2002 - 12 - CITY COUNCIL COMMENTS 4:50 P.M. ITEM # 50329 Mayor Oberndorf dzsplayed the recognztzon Plaque "Special Olympics presented to the 2002 Fall Championships Sponsor: City of Virginia Beach" Thzs was presented on behalf of the over 14,000 athletes served by Speczal Olympzcs Vzrgznza Counczlman Schmzdt, represented the Mayor, and recezved thzs award on Saturday, November 2, 2002, zn behalf of the Czty Mayor Oberndorf presented rzbbons for the equestrzan champzonships, went over to the soccer fields and the ((Fzrst Tee" at TPC for the golf, on Sunday, November Thzrd There were over 700 athletes partzczpated and raved relatzve the faczlztzes Counczlman Schmzdt encouraged Czty Counczl to attend the games ITEM # 50340 Mayor Oberndorf dzstrzbuted the proposed advertzsement re ((City Seeks to Fill Kempsville District Seat on Council ", whzch wzll appear zn the November 7, 2002 City Page and the Sunday BEACON on November 10, 2002 The add requested the znterested appozntees provzde a letter of znterest, and statement of qualificatzons by 5 00 PM, November 18, 2002, to the Mayor The applzcants are requested to vzszt www vbgov com, clzck the lznk to 2002 - Czty Counczl Electzon Dzstrzcts, or call the Vzrgznza Beach Voter Regzstrar's office at 427-8683 Thzs add shall also be placed on the Czty's webszte Counczlman Maddox advzsed he wzll out of the Czty from November 22, 2002 to December 9, 2002 Counczlman Maddox requested the appozntment for the Kemspville District Seat be DEFERRED until December 10,2002. Counczl Members Reeve and Vzllanueva suggested questzons be developed by Czty Counczl whzch could be submztted to all the applzcants and have them respond zn wrztten form Counczl Lady Wzlson and Counczlman Wood concurred Counczlman Vzllanueva advzsed if Counczl Members would submzt two questzons each, he would assemble the questzonnazre and forward a draft to the Mayor and Counczl for approval Mayor Oberndorf belzeves the candzdates should also respond orally to questzons zn order to determzne ((how they think on their feet" The abzlzty to communzcate zs very zmportant zn publzc office Mayor Oberndorf advzsed the Voter Regzstrar must be contacted to be assured these candzdates are Kemspvzlle Dzstrzct reszdents, przor to zntervzews Mayor Oberndorf advzsed an applzcatzon form for the potentzal appozntee wzll be devzsed The City Attorney suggested Conflict of Interest Statements be filed zn advance of the appozntment The Czty Counczl concurred The Czty Attorney advzsed the Attorney General has changed many of the hzstorical vzews relatzve selectzon The Czty Counczl can go znto Closed Sesszon or have the zntervzew process zn open sesszon It zs the Czty Counczl 's prerogatzve The merzts of potentzal appozntees can be dzscussed zn Closed Sesszon, as long as specific to the person and not procedure Mayor Oberndorf advzsed she had been contacted by approxzmately seven (7) cztzzens regardzng the Kempsvzlle Dzstrzct Seat Counczl Lady Eure gave the Czty Clerk the resume of a posszble candzdate BY CONSENSUS, the advertzsement shall be placed zn the City Page and BEACON, as suggested ITEM # 50341 Mayor Oberndorf advzsed a number of cztzzens have been contactzng her office and requestzng when the selectzon of the Vzce Mayor wzll occur Due to the new rulzngs of the Attorney General, the Czty Attorney advzsed thzs must be done zn a publzc forum and not dzscussed durzng the Closed Sesszon The Counczl Members assumed the selectzon would be durzng today's Formal Czty Counczl Sesszon November 5, 2002 - 13 - CITY COUNCIL COMMENTS ITEM # 50342 Counczlman Wood dzstrzbuted the TGIF (Teacher Grants Improvement Futures) Celebration invitation, on Friday, November 15, 2002, 6:00 P.M., Virginia Law Enforcement Training Academy Thzs receptzon wzll honor the reczpzents of thezr 2003 Buzldzng Futures grants Counczlman Maddox donated hzs Czty Counczl salary to thzs organzzatzon ITEM # 50344 Counczl Lady McClanan expressed concern relatzve grantzng the day after Thanksgzvzng as a Ho/zday for Czty employees The Czty Manager advzsed thzs had been dzscussed admznzstratzvely Thzs day would entazl a cost of approxzmately $lf4-MILLION Informatzon has been prepared for the Czty staff Due to the economy, the Czty Manager dzd not be/zeve addztzonal expendztures should be incurred Fire, Po/zce, some members of Publzc Works must stzll work and be pazd overtzme Costs shall be provzded to Czty Counczl Tzme wzth famzlzes zs very zmportant ITEM # 50345 BY CONSENSUS, Czty Counczl shall meet for the December Sesszons Tuesday, December 3, 2002 Regular Session Tuesday, December 10, 2002 Regular Session ITEM # 50346 Mayor Oberndorf advzsed Czty Counczl wzll confer on December Second wzth the General Assembly Delegatzon and the School Board relatzve the Legzslatzve Package The meetzng wzll be at the new offices of Economzc Development zn Town Center P F Chang's wzll be caterzng the affazr November 5, 2002 - 14 - COUNCIL LIAISON REPORTS 5:05 P.M. ITEM # 50347 Counczl Lady Eure attended the Virginia Beach Development Authority, as the Czty Counczl Lzazson and dzstrzbuted a brzef report Thzs report zs hereby made a part of the record ITEM # 50348 Counczl Members Reeve and Schmzdt referenced the Virginia Beach Transition Area Technical Review Committee meetzng on Monday, November 4, 2002 By the end of November, concluszon and a poznt paper should be developedfor the Plannzng Commzsszon's revzew The Department ofpznance dlscussedfundzng zssues, the posszbzlzty of utzlzzzng a TIP (Tax Increment Financing) or other methods to make sure needed znfrastructure zmprovements assoczated wzth zncreased levels of development have a fundzng source There are two more meetzngs before the self appoznted deadlzne and the Counczl Lzazsons are hopzng addztzonal tzme wzll be permztted, if the concluszon has not been reached by that tzme November 5,2002 - 15 - ITEM # 50349 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL zn the Czty Counczl Conference Room, Czty Hall Buzldzng, on Tuesday, November 5, 2002, at 5 15 P M Counczl Members Present Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson, and James L Wood Counczl Members Absent None November 5, 2002 -16 - ITEM # 50350 Mayor Oberndorf entertazned a motzon to permzt Czty Counczl to conduct zts second CLOSED SESSION, pursuant to Sectzon 2 1-344(A), Code ofVzrgznza, as amended, for thefollowzngpurpose PERSONNEL MATTERS Dzscusszon, conszderatzon or zntervzews of prospectzve candzdates for employment, asszgnment, appozntment, promotzon, performance, demotzon, salarzes, dzsczplznzng, or reszgnatzon of specific publzc officers, appozntees, or employees pursuant to Sectzon 2 2-3711 (A) (1) To Wzt Appozntments Boards and Commzsszons Parks and Recreatzon Commzsszon PUBLICLY-HELD PROPERTY Dzscusszon or conszderatzon of the acquzsztzon of real property for a publzc purpose, or of the dzsposztzon of publzcly-held real property, where dzscusszon zn an open meetzng would adversely affect the bargaznzng posztzon or negotzatzng strategy of the publzc body pursuant to Sectzon 2 2-3711 (A) (3) Acquzsztzon/Dzsposztzon of Property - Przncess Anne Dzstrzct Agrzcultural Reserve program - Przncess Anne Dzstrzct Upon motzon by Counczlman Jones, seconded by Counczlman Schmzdt, Czty Counczl voted to proceed znto CLOSED SESSION. Votzng 10-0 Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None (5:22 P.M. - 6:06 P.M.) November 5,2002 - 17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 5, 2002 6:06 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL zn the Counczl Chamber, Czty Hall Buzldzng, on Tuesday, November 5, 2002, at 6 06 P M Counczl Members Present Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Absent None For the Record, Vice Mayor Robert C. Mandigo, Jr., resigned effective October 30,2002. INVOCATION Reverend Szdney Davzs Saznt James Mzsszonary Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 5, 2002 - 18- Item V-E CERTIFICATION OF CLOSED SESSION ITEM # 50351 Upon motzon by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only publzc buszness matters lawfully exempted from Open Meetzng reqUlrements by Vzrgznza law were dzscussed zn Closed Sesszon to whzch thzs certificatzon resolutzon applzes, AND, Only such publzc buszness matters as were zdentified zn the motzon convenzng the Closed Sesszon were heard, dzscussed or conszdered by Vzrgznza Beach Czty Counczl Votzng 10-0 Counczl Members Votzng Aye Margaret L Eure, LoUls R. Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None November 5, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The VIrgInIa Beach CIty CouncIl convened Into CLOSED SESSION, pursuant to the affirmative vote recorded In ITEM # 50350, page 16, and In accordance wIth the prOVISIons of The Virginia Freedom of Information Act; and, WHEREAS: SectIon 2 2-3711 (A) of the Code of VIrgInIa reqUIres a certification by the governIng body that such Closed SessIon was conducted In conformIty wIth VIrgInIa law NOW, THEREFORE, BE IT RESOLVED: That the VIrgInIa Beach CIty CouncIl hereby certIfies that, to the best of each member's knowledge, (a) only publIc bUSIness matters lawfully exempted from Open MeetIng requIrements by VIrgInIa law were dIscussed In Closed SessIOn to WhICh thIS certIficatIon resolutIOn applIes, and, (b) only such publIc busIness matters as were IdentIfied In the motIon convenIng thIS Closed SessIon were heard, dIscussed or consIdered by VIrgInIa Beach CIty CouncIl ~~~~ - uth Hodges mlth, MMC CIty Clerk November 5,2002 - 19- Item V-F. 1. MINUTES ITEM # 50352 Upon motIOn by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl APPROVED the Mznutes of the INFORMAL AND FORMAL SESSIONS of October 29, 2002. Votzng 9-0 Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Abstaznmg Reba S McClanan Counczl Members Absent None Counczl Lady McClanan was not zn attendance durzng the Czty Counczl SessIOn of October 29, 2002 November 5, 2002 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, Czty Counczl ADOPTED: * - 20- ITEM # 50353 AGENDA FOR THE FORMAL SESSION November 5, 2002 - 21 - Item V-H.l. PUBLIC HEARING ITEM # 50354 Mayor Oberndorf DECLARED: CAPITAL BUDGET AMENDMENT Supplemental appropriation of $8. 8-Million School Reversion Funds There bezng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING November 5,2002 NOTICE OF PUBLIC HEARING Amendment to the FY 2002-03 CapItal Budget: Supplemental appropriation of $8,800,000 in School Reversion Funds to School Capital Projects On Tuesday, November 5,2002, the Council of the City of Virginia Beach, Virginia, will hold a public heanng on a proposed amendment to the FY 2002-2003 Capital Budget. The amendment shall be for supplemental appropnatlons of $8,800,000 In Virginia Beach School Reversion Funds to the following School capital proJects. Equipment and Vehicle Replacements, Instructional Technology, Special Education Module for the Student Data Management System and Landstown High School/Pnncess Anne Road Pedestnan Bndge This IS consistent with the use designated by the City Council and School Board In the approved FY 2002-2003 /FY 2007 -2008 Capital Improvement Program A copy of the proposed ordinance that provides more details about the amounts of the appropnatlon for each project IS on file In the City Clerk's Office The publiC heanng will be conducted at 6.00 pm In Council Chamber on the second floor of the City Hall BUilding, Municipal Center, Virginia Beach, Virginia Interested persons may appear at such time and place to present their views Individuals desiring to provide oral or wntten comments may do so by contacting the City Clerk's office at 427-4303 If you are physically disabled, or heanng or visually Impaired, and you need assistance at this meeting, please call 427-4305 VOlce/TDD ~'77~ ~ th Hodges mlth, MMC City Clerk Note. 1 Advertisement to appear In the Beacon on Sunday, October 27,2002 - 22- Item V-LI. PUBLIC INPUT ITEM # 50355 COMMUNITY LEGISLATIVE AGENDA There bezng no speakers, Mayor Oberndorf called for the ztems to be conszdered BY CONSENT. November 5,2002 - 23- Item V-J. RESOLUTION/ORDINANCES ITEM # 50356 Upon motzon by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl APPROVED IN ONE MOTION Items 2a/b (DEFERRED), 3, 4 and 5 of the CONSENT AGENDA Item 2a/b was DEFERRED BY CONSENT, untzl the Czty Counczl Sesszon of November J 2, 2002 Votzng' J 0-0 (By Consent) Counczl Members Votzng Aye Margaret L. Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None November 5, 2002 - 24- Item V-J.1.a. RESOLUTION/ORDINANCES ITEM # 50357 Upon motzon by Counczlman Schmzdt, seconded by Counczlman Reeve, Czty Counczl ADOPTED: Resolutzon re the Czty's 2003 Communzty Legzslatzve Agenda and REQUESTED members of the Czty's local General Assembly delegatzon sponsor and/or support 2003 legzslatzon that would carry out the goals and obJectzves set forth therezn Item #6 re "Inspection Warrantslor Building Code Violations" was voted upon separately. Relative Item #17 re Same Day Voter Registration, verbzage relatzve a crzmznal penalty for voter registration fraud shall be ADDED V otzng 10-0 Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox" Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members V otzng Nay None Counczl Members Absent None Counczl Lady Wzlson wzshed to vote NAY on Item #17 Same Day Voter Registration November 5, 2002 1 2 3 4 5 6 7 A RESOLUTION ADOPTING THE CITY'S 2003 COMMUNITY LEGISLATIVE AGENDA AND REQUESTING MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN. 8 WHEREAS, City Council traditionally adopts a Community 9 Legislative Agenda with the goals and objectives of the City and 10 requests members of the Ci ty' s local Delegation to the General 11 Assembly sponsor and/ or support legislation to carry out these 12 goals and objectives; and 13 WHEREAS, City Council has cons1dered a number of goals and 14 objectives for 1nclusion 1n the City's 2003 Community Leg1slat1ve 15 Agenda; and 16 WHEREAS, for the first time in many years, a Charter Change 17 has been submi tted for inclusion in the Agenda as stand-alone 18 measure made necessary by advert1sing requirements; and 19 WHEREAS, a greatly expanded Safety Addendum Package that 1S 20 not part of the formal Agenda, is included for consideration by the 21 General Assembly Delegation; 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH: 24 That the City Council hereby adopts the City's 2003 Community 25 Legislative Agenda, which is attached hereto as Exhibit A, and is 26 hereby incorporated by reference; and 27 BE IT FURTHER RESOLVED: 28 That the City's local Delegation to the General Assembly are 29 hereby requested to sponsor and/or support legislation 1n the 2003 30 Session of the General Assembly that would carry out the goals and 31 objectives of the City as set forth 1n its Commun1ty Leg1slative 32 Agenda; and 33 BE IT FURTHER RESOLVED: 34 That the City Clerk is hereby directed to transmit a copy of 35 this Resolution to each member of the C1ty'S local Delegation to 36 the General Assembly. 37 38 Adopted by the Councll of the City of Virginia Beach, Virginia, this 5th day of November CA-8679 wmm/ordres/CLA 2003.res October 30, 2002 R2 APPROVED AS TO CONTENT: , 2002. APPROVED AS TO LEGAL SUFFICIENCY: - 25- Item V-J.1.b. RESOLUTION/ORDINANCES ITEM # 50358 Andrew Frzedman, Dzrector - Houszng and Nezghborhood Preservatzon, and Alex Davzs, Code Enforcement Admznzstrator, responded to concerns Upon motzon by Counczlman Wood, seconded by Counczlman Reeve, Czty Counczl DELETED: Item #6 re "Inspection Warrants/or Building Code Violations" from the City's 2003 Community Legislative Agenda. V otzng 8-2 Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay Rzchard A Maddox and Mayor Meyera E Oberndorf Counczl Members Absent None November 5, 2002 - 26- Item V-J.2. RESOLUTION/ORDINANCES ITEM # 50359 Upon motzon by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl DEFERRED until the City Council Session of November 12,2002. Ordznance toAPPROPRIATE a total of$10, 397, 000 znFY 2001-2002 School Reverszon Funds a $8.8-Million: FY 2002-2003 School Capital Budget (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 Telecommunzcatzon Infrastructure Replacement Instructzonal Technology EqUlpment and Vehzc/e Replacement Student Data Management System Landstown Hzgh School/Przncess Anne Road Pedestrzan Brzdge b $1,597,000: Instructional Category (1) $1,400,000 (2) $ 197,000 SOL Incentzve Program Athletzc equzpment V otzng 10-0 (By Consent) Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None November 5, 2002 - 27- Item V-J.3. RESOLUTION/ORDINANCES ITEM # 50360 Upon motzon by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl ADOPTED: Ordznance to APPROPRIATE $80, 000 from thefund balance of the General Fund to provzde an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance replacement V otzng 10-0 (By Consent) Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None November 5, 2002 , ./: ~ Log # n 0 ~ Adopted ; / q J C :l~ CITY OF VIRGINIA BEACH AGENDA ITEM 50 ~ TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Reversion Funds MEETING DATE: July 9, 2002 " Background: · According to State Code 22.1-100. any unexpended funds from the School Operating Budget must be returned to the governing body. The City Council of the City of Virginia Beach has a long-standing practice of re- appropriating the School reversion to the School Board. The School Board has considered and approved the Administration's recommended uses of these funds The current expected reversion is expected to be in excess of $13 million Funding for the compensation Increase effective January 1 , 2003, is included in the School's Operating Budget for FY 2002-03 within the current revenue streams. The administration and the Board are requesting $400.000 to bridge the compensation package beginning July 1. 2002, for current teaching staff whose salary falls below the new minimum teacher salary of $32.500. The Board is requesting that $400,000 of the expected reversion funds be appropnated to the FY 2002-03 Operating Budget In the Instruction Category by July 30, 2003, with the remainder of the $13 million to come back to City Council after the accounting records close in August. Considerations: Public Information: This information has been presented at a School Board meeting as an action item on June 11, 2002 Public Information will be handled through the normal CounCil agenda process Alternatives: None identified. Recommendations: That the City Council approve the School Board's request to re-appropnate by July 30, 2002. $400,000 of the expected FY 2001-02 Operating Budget reversion funds. Attachments: School Board Resolution dated June 11, 2002 Letter to City Manager dated June 20,2002 Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Virginia Beach City Public Schools Superintendent City Manager: F:\Data\A TY\Ordin\NONCODE\schooI400karf.wpd ~ 1 AN ORDINANCE TO APPROPRIATE $ 4 00, 000 IN FY 2 2001-02 VIRGINIA BEACH SCHOOL REVERSION FUnDS 3 TO THE FY 2002-03 SCHOOL OPERATING fU['lG 4 OPERATING BUDGET 5 6 WHEREAS , on May 2 8, 2 002, t II e S c h 0 01 Boa r d a p pro v e cI (h c 7 FY 2002-03 Operatlng Budget WhlCh lnclucled a change In Lhc teo,-Lc;i 8 step salary scale and the open range scale; 9 WHEREAS, the Board and AdministratIon desire that all " I~ 10 teachers whose current salary is below $32,500 receIve, effectI'lc 11 July 1, 2002, a portion of the salary increase effectIve January 1, 12 2003, that is sufficient to bring their salarles to $32,500; 13 WHEREAS, the School Board has adopted a resolutIon 14 reco~ending the necessary revisions to adJust its budget; and 15 WHEREAS, it is estimated that there WIll bE: $13 1-1 16 million in unexpended 2001-02 rever~ion funds and that suffICIent 17 funds will be available for teacher salary increases. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 That $400,000 in FY 2001-02 School ReverSIon Funds IS 21 hereby appropriated to the Instruction category of the FY 2002-03 22 School Operating Fund Operatlng Budget. 23 24 Adopted by the Council of the City of VIrgInIa Beach, 25 Virginia on the day of , 2002. 26 27 Requires an affirmatIve vote by a majorIty of the members 28 of City Council. 29 CA-8549 30 Ordin/Noncode/Schoo1400kord.wpd 31 R-l 32 June 25, 2002 33 34 35 APPROVED AS TO CONTENT APPROVED AS TO LEGAL1 / SUF~~ ,fYJwf' City AttorneY~ Offlce 36 37 SCHOOL BOARD Oanl,l 0 Edwards Chalrmall 015100 1 . Cenlervllle 1513 BeachVl8W Dnve VA Beach. VA. 23464 495-3551 (h)' 717-0259 (een) Nell L ROil Vice Cha\f11\an Allarg. 1331 Hams Road VA Beach. VA 23452 463-3823 (hIt 497~633 (w) o A. "AI" Ablowlch AI-large 4 176 Charily Neck Road VA Beach. VA 23457 721-3052 (h) Jan. S Brooks OlSlncI 6 . Seach 721 Hdl\op Road VA Beach. VA 23454 "2~ 1597 (h' Nancy D Guy DlSlnd 5 . lyMhaven 2445 Haversham Close VA Beach. VA 23454 496-2291 (h) Dan R. Low. OlSlncI 4 . Bayaida 4617 Rid Coal Road VA Beach, VA 23455 490-3681 (h) H Lt. Pow.II. Jr. Olllnd 7 . Pmc:ess Anne 2409 Ollllgbam Road VA Beach. VA 23456 427-9112 (h) S.ndr. SmlUWontl At-large 705 Rock Creek Cowl VA Beidl. VA 23482 "~8167 (h) Mlch..1 W. St.wart Olslrx:t 3 . Rose Ha. 105 Brllfllwood Court VA. Beach, VA. 23452 491-4303 (h). 4045-0471 (w) J.m M. Tlta Ollllltl 2 . Kempsv~le 4536 Gleneagll Drive VA Beach. VA. 23462 499-2490 (h) Arthur T Tal. AI-large 1709 ladysmllh Mew. VA Beach. VA 23455 4~SC51 (h) SUPERINTENDENT Ttnolhy R .leMaY. Ph 0 2512 Gage MalOn Onv. VA. Beach. VA 23456 427--4326 ~\~/;~ ~RGINIA BEACH CITY PUBLIC SCHOOLS A H E ADO f THE CUR V E RESOLUTION WI-IEREAS, On May 28, 2002, the School Board approvcd the ,. Y O~/O) OpCI allllg 811dg~1 wl1lch included a change 111 the step teacher salary scale and lhe open I ange teacher scale, and WI-IEREAS, the apploved scales have a slalllllg lcach~1 sa \,11 y n r 'b) 2, ')00 dlld ,lllll~\\' teachers are lured on the open range scale, and WHEREAS, employees hued before July I. 1999 arc on the ~lep tedcher ~calc, and WIIEREAS, there are employees on the slep and open rclllgc teacher sCdle whose cunenl salaf)' IS below $32,500, and J WHEREAS~ the compensation Increases for all current employees are to take effect January I, 2003; and WHEREAS~ the Board and Administration deSire that all teachers whose current salary IS belovv' $32,500 receive, effective July I, 2002, a portion of the Increase due to lhem effecllve January I, 2003 sufficient to bnng their salaries to $32,500, and WHEREAS, the cost to prOVide thIS partial early compensation adjustment IS estllnated to be $400,000, and WIIEREAS, th'ese teachers will receIve the balance of their compensation Increase at January I, 2003, and WHEREAS, the partial early IInplementatlOn IS a one-tune expense, and WHEREAS, the FY 2001/02 reversIOn funds are currently estimated to be 111 excess of $13 5 nulhon, and WHEREAS, the City Council has lustoncally re-appropnated school reversIOn funds for one- time expenses and has re-appropnated to the Operatmg Budget as well as to the CIP, now, therefore, be it RESOLVED: That the Board approves and aftinns the parhal early ImplementatIOn of the compensation Increase for those teachers whose current salary IS below $32,500, and be It further RESOLVED: That the Board requests that $400,000 of the FY 2001/02 reversIon funds be re- appropriated by the C,ly Councll to the FY 02/03 Operatmg Budget as soon as practIcable, but no later than July 31, 2002, and be 1t further RESOL VED: That a copy of thiS resolution be spread across the offiCial minutes of thiS Board, and be It further RESOLVED: that the Clerk of the Board IS directed to dtlhver a copy of thiS resolutIOn to the Mayor, each member of City Council, the City Manager, and the City Clerk i !~!~l'"~l . ~... J ' I ~~~\ :t'"'t I \, ;-,. A ( ,( *4 ~ ~ f t Adopted by the School Board of the CIty of Vlrgl1lla Beach thiS Illh d~~~: I litil2007: ' , ...~ I to ~ to . t ~G.. ~ ~....:.~< 11J/~.~1'~ I --.b~' ri I \' ~k~..ri=,~+ A.I. ~ W. . .//1r,~~<"- am~ ~~a~~~ut~~~l ~ND CORRECT COpy l.iSiT; - I ;(.1 ~. I' ~;-4i i ..1 ~:.. ....... '.. .. ....."\...{......: SEAL Attest: LfIli1.MA-1L jJ. a.1.utCL1A-~ Dianne P. Alexander, Clerk of the Board :.'.t7:l~ tt..(j -~, i~ ,J. . .,,"~' ;~:>,~,:.,.,.~. n ~"';,I ,~ ..."'.('0. ... r. ~~ ~/_"?'x._,(l, .. .~~~~~~~~: f., ~r~~~J1Jl <.,-'>~;" : ~ ,'i> J, ,"~ _ ' . "".--..... :~:c....~"'..~._.'~,.~~~ !" ~'... 1: ~j.., --":f"~' . --.... . e. "'.' "",'I.. l~~"~ ~':"3.Jt'....~,,,, '" _...~...._..,. ,..." ~ l'jr~' ~~:..<.!: ~ .,."i':f"":.';~...'iil~ "'_ _'. _.,'r ,}" ')," .' .",*, j. - "t Clerk, SOhool B9J City o;:((lrgl '. '''11<<. 2512 George Mason Drive · PO 80x 6038 · Virginia Beach. VA 23456-0038 www.vbschools.com ~ "'--.'l ' ~RGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE \1 June 20, 2002 Timothy R. Jenney, Ph.D. SuperIntendent James K. Spore, City tvlanager City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Jim ~ " As you know, we are asking Cuy CouncIl to act on July 2, 2002, regarding our request for reappropriation of $400,000 to bridge certain empJo yees' compensat Ion W e have increased our base compensation significantly to a starting salary of $32)500 However) we have approximately 1,000 employees who, without this bridge, will make less than their counterparts at $32,500 for the first four months of the year Raises don't take effect until January 1, 2003 Obviously, we believe this is an, equity issue We are aware of Council's policy and concerns about spending reversIon montes on recurring costs. However, in this case the affected individuals) future salaries 'W ill not change as a result of this action In other words) we are treating the bndge funds as though they are non-recurring costs We would appreciate your support and CouncIl's support to effectuate panty among all teachers Sincerely, ~. ...'. ( lV-fA.-- Timo <;' R. Jenney Superintendent 2512 George Mason Drive · P O. Box 6038 · Virginia Beach, VA 23456.0038 757.427.-4326 757.426.5680 Fax e~ ('.., "..: ".''':;'' .- ,~r:~~ . - ,." II --." 'or--.. I .,_ ...1 ~. . . ..~ t.-l' ...::--'... .~ fr',I. " "'"!."... f, '.,. ... ~~.,.. .. .. ~ ... .. ..... I, f. 1..... 'po .. ~ .r:....... ...~-~ t_..,.. '1""." fl, -...... . *Al 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $80,000 FROM THE FUND BALANCE OF THE GENERAL FUND FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE KEMPSVILLE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE 8 WHEREAS, the Kempsville Volunteer Rescue Squad does not 9 presently have adequate funds to purchase a replacement ambulance 10 but has represented that fund-raising efforts will provide 11 sufficient funds to repay an $80,000 interest-free loan from the 12 City of Virginia Beach. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That $80,000 is hereby approprlated from fund balance In 16 the General Fund for the purpose of maklng an interest-free loan to 17 the Kempsville Volunteer Rescue Squad so it may replace an 18 ambulance, with revenue increased accordingly. 19 2. That this loan shall be repaid in five (5) equal annual 20 installments of $16,000 due on the 15th day of November each year, 21 with the first payment to be made on or before November 15, 2003 22 and the last payment to be made on or before November 15, 2007. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the 5 day of N()v~mh~r 2002. 25 Requires an affirmative vote by a majority of the members of 26 the City Council. CA-8675 noncodejkempsville loan.ord.wpd October 24, 2002 R2 APPROVED AS TO CONTENT: Management Servlces APPROVED AS TO LEGAL SUFFICIENCY: .B~ ~A1'v1 - 28- Item V-J.4. RESOLUTION/ORDINANCES ITEM # 50361 Upon motzon by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl ADOPTED: Ordznances to APPROPRIATE FY 2002-2003 funds to the Department of Museums and Cultural Arts: a $112,500 Grant re educational programs b $ 31,000 Grant to the FY 2002-2003 re Stranding Program c $ 18,000 from the Franczs Land House Board of Governors Trust Fund re Board supported programs. V otzng 10-0 (By Consent) Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None November 5, 2002 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE A $112,500 GRANT FROM 3 THE INSTITUTE OF MUSEUM AND LIBRARY 4 SERVICES TO THE FY 2002-2003 5 OPERATING BUDGET OF THE DEPARTMENT 6 OF MUSEUMS AND CULTURAL ARTS FOR 7 EDUCATIONAL PROGRAMS 8 WHEREAS, the Department of Museums and Cultural Arts has been 9 awarded a $112,500 grant from the Institute of Museum and Library 10 Services for educational programs, and no City match is required. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $112,500 of grant revenue from the Institute of Museum 14 and Library Services is hereby accepted and appropriated to the FY 15 2002-2003 operating budget of the Department of Museums and 16 Cultural Arts for educational programs, with estimated revenue from 17 the federal government increased accordingly. 18 Accepted by the Councll of the Ci ty of Virgin ia Beach, 19 Virginia on the 5th day o~ovemb~r 2002. 20 CA-8 672 21 Ordin/noncode/museumsgrantord.wpd 22 R-2 23 October 24, 2002 Approved as to Content: -~Q,~ Approved as to Legal Sufficiency: ~ r~~,1 Department 0 Law 'V Oct-23-2002 03:55am From- 1-131 P 005/005 F-3T6 .f '" U $ e 1I 4" ~ 4, "",,'::' .t' .. u) to- U VI - 11. ~ .II ,: .. '" C, "t/8R~t. Institute of Museum and Library Services Official Award Notlflc.Uon for Grants and Cooperative AG....m.nt. AWl",.. Name end Add,... Virginia Marine Science Museum 717 General Booth BlVd Virginia eeach, VA 23451 Cate of Award Augult 29. 2002 Award Number 1G-00-02-0356-02 Official Contact Lynn Clements 717 General Booth Blvd. Virginia Seach. VA 23451 For Amendment.. Original Award Da. Awud Period From October 01. 2002 To September 30,2004 Program Name General Operating Support Project Type Award Amount $ 112,~O 8cope of Work and/or 8peclal Condition. 1. This grent shall be admln,tered by the Project Director in accordance with the applicable proVisions of Title 45 of the Code of Federal Regulations, Plrt 1180, Incl&.ldlng any amendments In effect on the date of this grant award. Special grant terms and conditions ar. Incorporated as attachments to thil document. 2. Unless otherwise noted In 8n attachment to this Grant Award Notlflcatlon, all expenditures for which the recipient has requested prior approval from IMLS on page. 6.11 of the General OperaUng Support Appllccatlon Grlnt Pracs.ling page ere approved. Recipients reque.ting prior approval of expenditure. not Identified on page 6.11 when such approval I. required. must do so IQ writing to the IMLS. Associate Deputy Director for MUleum Services, 1100 Pennsylvania Avenue, NW Washington, DC '20506. 3. Grant funds will be distributed in two equal payments. The first payment will be approximately Novermber i. 2002. The second p.yment will ba approximately Novermber 3. 2003. Signature 114.~ ~ /k..~-~!-S I Nlme and Title Mary Estelle Kennelly Alsociate Deputy Director for Museum Services IMLS Authorizing Omelll Oct-23-2002 03:54am From- _,1"'\1$,(,.., ~ !: ~ ... ... II' - 70 ~ , - " .. "," ."'{, Il.... INSTITUTE of MUS E U M and LIBRARY SE.RVICES T-131 P 004/005 F-376 September 24. 2002 Ms. Lynn Clements Virginia Marine Science Museum 717 General Booth Blvd Virginia Beach. VA 23451 1(3-00-02-0356-02 Dear Ms. Clements; It gives me great pleasure to notify you that your application has been selected to receive a 2002 General Operating Support grant. This year we received 839 applications requesting more than $70 million. From those applications, 179 museums will receive fundina totaling just over $15,505,000. The museums selected for funding were identified by reviewers to demonstrate excellence in museum operations with the resources available. Enclosed you will find a letter from Mary Estelle Kennelly, Associate Deputy Director for Museum Services, providing details about the terms and conditions of this award. Please review her letter and the enclosed fonns and materials carefully and follow the instroctions they contain. I strongly encourage you to apply for our Learning Opportunities Grants next year. This is an interim program we arc offering for 2003 as we complete the development of a new program to replace GOS in 2004. The deadline for applications is January 15,2003. This program provides you a new funding opportunity to help meet your goals based on your own long range plan. It is structured to keep flexible ftmding available to meet the needs of museums of all sizes. Congratulations on your success in this year's General Operating Support program. I am delighted that the Institute of Museum and Library Services is able to provide support for your institution. Sincerely, l Robert S. Martin, Ph.D. DirectOr A F,J,,/ll "t~"r:11'rl';"1 tb~ IMblie "y It'~"gthtn;nl m"S''''''1 d- /ibr.r;u 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE A $31,000 GRANT FROM THE 3 VIRGINIA DEPARTMENT OF ENVIRONMENTAL 4 QUALITY TO THE FY 2002-2003 5 OPERATING BUDGET OF THE DEPARTMENT 6 OF MUSEUMS AND CULTURAL ARTS FOR THE 7 OPERATION OF A STRANDING PROGRAM 9 WHEREAS, the Department of Museums and Cultural Arts has been 10 awarded a $31,000 grant from the National Oceanic and Atmospheric 11 Administration through the Virginia Department of Environmental 12 Quality, and the grant has an in-kind match requirement, so no 13 additional appropriation or transfer lS needed. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That a $31,000 grant from the National Oceanic and Atmospheric 17 Administration through the Virginia Department of Environmental 18 Quality is hereby accepted and approprlated to the FY 2002-2003 19 operating budget of the Department of Museums and Cultural Arts for 20 the operation of a stranding program, with estimated revenue from 21 the federal government increased accordingly. 22 Adopted by the Council of the City of Virginia Beach, Virginia 23 on the 5th day of NnvpmhPT , 2002. CA-8673 Ordin/noncode/museumsevirqualord.wpd R-2 October 24, 2002 Approved as to Content: J~OJ~~G- (' Approved as to Legal Sufflciency: Management Services Oct-23-2002 03:54am From- T-J3J P 002/005 F-376 W. 'hylol Murphy, Jr. Sccretuy of Natural ReIOurce. COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENtAL QUALITY $,,.'1 addrus: 629 EI.e Main Street, Richmond, Virlan,. 23219 }JQllin,addrul: P.O. Box 10009, Richmond, Virginia 23240 Robert O. Burnley FIX (804) 698-4S00 TDD (804) 698-402\ Director www.deq.lCace.va.ul (804) 698-4000 1-800-592-5482 TO: FROM: October 11, 2002 FY2002 ~1~18 Coastal Program Grantees Laura B. ~~Irglnla Coastal Program Manager Phone: (804) 698-4323 Fax: (804) 698-4319 FY 2002 Coastal Program Award Notification NOAA Grant # NA270Z2355 RE: The Department of Environmental Quality has received approval for the 2002 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric AdministratIon (NOAA). We are pleased to notify you that your proposal has been approved for funding for the period shown on your enclosed contract. We look forward to working with you in the coming year. V:ou will find tn, following in this contract package: . Contract signature documents . Contract Attachments A, B. C, D. & E . Semlannua~ Progress and Financial reporting forms - Reports on progress and requests for financial reimbursement will be processed on a semiannual basis. If another payment schedule Is needed, please contact your Coastal Program Project Manager. Please see Attachment B to your contract for details. To fully execute your contract. pie... complete the following step.: 1) Sign both originals of the one page contract document marked with colored tabs. I have already signed the originals. 2) Sign the one page Attachment E ("Certifications regarding... .. ) This Is also marked with a colored tab. 3) Return one of the original signed contracts and the original signed Attachment Eta: Clane Bams - Coastal Program Department of Environmental Quality 829 E. Main Street Richmond, VA 23219 4) Keep the remaining signed contract with the ~ttachment8 for your files. Thank you for your close attention to these details. (Please see back.) Oct-23-2002 03:54am From- T-131 P 003/005 F-376 Granttl NA170Z2315 Ta.k 51 VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM GRANT CONTRAcr Thi. apeement is made thiI 1,t ~q III Oclllb" '002, by and between the Virginia Department of Envirotunental Quality (hereiaafter referred to II the "Dcpartmmlt") and the Grantee (lilted below). The parties to thil agreement, in conaidcration of the mutual covelWltl and ltipulatioDl set out herein, Ip'ee u follows: ScorE OF WORXI The Grantee .hall caay out the project I' let forth in Attachment A. PROJECT PERIOD: The project &hall commence OIl the Project Start Date, wi shall terminate DO latar than the Project End Date. The &ramee', closeout period end. on the Pinal Produet and Billh1g Date. The.e date. ate specified below: Project Start Date: Octob.r 1. 2002 Pinal Product and BilliJII Date: No"'tltb" 1 5, J009 Project End Dlte: S~pt...b. JO, ZOOS Period otportormance (monthJ): Iw.lvtl PAYMENTS: The Department .hall pa)' the Grantee on a Mimbunement ba.i., not to ex.ceed the Federal PuDdiaa Total ShOWD below for the project. The laid sum. together with the matchina fundi provided II let forth in Attachment A, Ihall include all expeD8e' of the project. Payment shall be made upOD submis.ion of invoicellDd/or other appropriate documentation of proar&m expenditures, md proare" reports aDd their acceptance by the Department. Such invoices and reportslhall be lubmitted within 1 S days of each reporting period end and ,hall be deta11ed in accordance with Attachment A to .how what tub have been completed and to compare the time of completion with the propoleci time of completion. Federal PwutiDs Total: $Jl,OOO Federal Coastal Zone Management Act Section: S~tID" 306 RDORTlNG SCKlDtJLI C.-for Sectioo 306A projectl only): Rmml B&mm bdwl -3CMA llr Seml-aDDua' 2.d Semi-.DIlual CIOllout Period Oct 01, 2OO2-Mar 31, 2003 Apr 01, 2003-5.p 30, 2003 Oct 01, 2003-Nov 1.5, 2003 Ja;~ Nov OJ, 2002 Apr 15, 2003 Oct 15, 2003 Nov 15, 2003 Reauired Blemenll 306A Documentation FOI1ll. A, B . Form A. B Porm. B. C. remalalDt dellverabln CONTRACT DOCUMINT8: The Contract documeDtllhall consist of: 1) Thilliped fODD; 2) The Scope of Work (Attachmad A). 3) VA Coastal Re.ourcea MlDllpmeDt Proaram Grant Contract TemII and ConditiODl (Attachment B); 4) U.S. Depc. of Commerce Financial AlmtaDCe Standard TCrmllDd CODditlou (At1achment C); S) NOAA Terms and Coaditiolll (AUacbmeDt D). and 6) Sipd CD.S12: U.S. Dept. ofCommm'ce Certiftcation (Attachment B). PucIDINCI or TDMIa In the event of I confliot bItwIID or Imq terms in the docummatl included In tbiJ contract, the f'o11owi1\l document. control In th8 followina order: AttIchmelltl D, C. B, a, Ibf. liped form. md AttaghmlDt A. Grantor.. VA DEPT. or ENVIIlONMENTAL QUALITY Laura B. McKay, Manal_ Coastal R.llourcel Manalement Proll'am TypHnam~PA~ ~ Signature ()c.kbu II. tOOz.. Date GrGIII,,: VIRGINIA MARINE SCIENCE MUSEUM Lynn B. Clements, Dir.ct~r Typ,d namf iJtld title ~;6.~ Sign r /0/",1/0 )ow Date · I 1 AN ORDINANCE TO APPROPRIATE $18,000 2 FROM THE FUND BALANCE OF THE FRANCIS 3 LAND HOUSE BOARD OF GOVERNORS TRUST 4 FUND TO THE FY 2002-2003 OPERATING 5 BUDGET OF THE DEPARTMENT OF MUSEUMS 6 AND CULTURAL ARTS TO FUND VARIOUS 7 PROGRAMS 8 WHEREAS, $18,000 of fund balance lS available in the Francls 9 Land House Board of Governors Trust Fund. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $18,000 is hereby appropriated from the fund balance of 13 the Francis Land House Board of Governors Trust Fund to the FY 14 2002-2003 operating budget of the Department of Museums and 15 Cultural Arts to provide support for educational programs, 16 development activities and exhiblts, with estimated revenues 17 increased accordingly. 17 Adopted by the Council of the City of Virginia Beach, Virginia 18 on the I:)t-h day of November , 2002. 19 CA-8 674 20 Ordin/noncode/flboardord.wpd 21 R-2 22 October 24, 2002 Approved as to Content: Jj Approved as to Legal Sufficiency: ~t~'H 1 2 3 4 5 AN ORDINANCE TO TRANSFER $13,593 FROM THE FY 2002 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2002 OPERATING BUDGET OF THE DEPARTMENT OF FINANCE FOR THE PURPOSE OF REIMBURSING THE HEIRS OF MELISSA JONES 6 WHEREAS, in the matters of Ci ty of V~rg~n~a Beach v. 7 Melissa Jones, et ai, CH93-2143 and CH94-745, real estate in which 8 Melissa Jones, deceased, possessed a half lnterest was sold, 9 pursuant to a court order, to satisfy dellnquent real estate taxes; 10 WHEREAS, after the sales and payment of the taxes, ten 11 thousand, six hundred seventy nine dollars and thirty two cents 12 ($10,679.32) in proceeds from the sales ("surplus funds") were paid 13 into the Circuit Court of the City of Virginia Beach In 1995 for 14 the benefit of Melissa Jones or her heirs; 15 WHEREAS, no helrs of Melissa Jones appeared to clalm 16 these surplus funds, and after remaining unclaimed for over two 17 years, the surplus funds, along with interest thereon, were paid 18 into the City treasury, pursuant to court orders; 19 WHEREAS, the heirs have now appeared, presented a list of 20 heirs filed with the Clerk of the Circuit Court and requested 21 payment of these surplus funds; 22 WHEREAS, wlth the additlon of interest, the total amount 23 of surplus funds has grown to thirteen thousand, five hundred and 24 ninety three dollars ($13,593); 25 WHEREAS, the heirs have agreed that the payment of this 26 amount, in equal portions to each heir, shall fully satlsfy their 27 claim to the surplus funds, and the helrs have further agreed to 28 indemnlfy the City of Virginia Beach and hold it harmless against 29 any claim to these surplus funds made by any heir, any unknown heir 30 or any other person with any interest in the estate of Melissa 31 Jones; and 32 WHEREAS, to repay the surplus funds to the heirs, City 33 Council must approve this action, pursuant to Virginia Code S 58.1- 34 3967, and funds must be transferred from the FY 2002 General Fund 35 Reserve for Contingencies. 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 1. That the City Councll hereby authorizes the repayment 39 of thirteen thousand, fi ve hundred ninety three dollars 40 ($13,593.00) to the heirs of Melissa Jones, which represents 41 surplus funds (with interest thereon) received by the City of 42 Virginia Beach in the matters of City of V~rginia Beach v. Mei~ssa 43 Jones, et ai, CH93-2143 and CH94-745, subject to the terms of the 44 agreement between the City and the heirs. 45 2. That $13,593 lS hereby transferred from the FY 2002 46 General Fund Reserve for Contingencles to the FY 2002 operatlng 47 budget of the Department of Finance to repay the heirs of Mellssa 48 Jones the surplus funds described in the preceding paragraph. 49 Adopted by the Council of the Clty of Virginia Beach, 50 Virginia, on this 5th day of No.,;ember , 2002. CA-8641 DATA/ORDIN/NONCODE/surplusreimburse.ord R4 October 30, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj~~. Cza{,~ S City Attorn y - 30- Item V-K.I. APPOINTMENTS ITEM # 50363 BY CONSENSUS, Czty Counczl RESCHEDULED the followzng APPOINTMENT: PARKS AND RECREATION COMMISSION November 5,2002 - 31 - Item V-LI. ITEM # 50364 BY CONSENSUS, City Council shall DEFER selection of Vice Mayor until the City Council Session of November 12, 2002. November 5, 2002 Cit:Y" e>f Virgir1ia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX (757) 426-5669 25 October 2002 Dear Madam Mayor and fellow Counczl Members Thank you foryour conszderatzon of the resolutzon re expedztzng the school personnel's salary zncreases from January 2003 to November 15, 2002 For your znformatzon, I am encloszng a vzdeo of the Vzrgznza Beach School Board Meetzng of October 1, 2002 Immedzately after the Consent Agenda zs the vote on reverszon funds Durzng the dzscusszon, Vzcky Lewzs - ChzefFznanczal Officer, Schools, zs questzoned concernzng utz/zzzng some of these funds to expedzte the salary zncreases Ms Lewzs states the Czty wzll vzew thzs zn the same manner as when Schools requested ezghteen (18) new securzty guard posztzons Thzs would be a recurrzng expense New posztzons zn a budget would be a recurrzng expense Expedztzng the salary zncreases to an earlzer date zs not a recurrzng expense The razses are presently zn the budget On July 9, 2002, the current Czty Counczl ADOPTED an Ordznance to Approprzate $400,000 zn FY 200 1-2 School Reverszon Funds to the FY 2002-03 School Operatzng Fund Op era tzng Budget These funds were for salary zncreases (please see accompanyzng documentatzon) I be/zeve zt zs zmportant that the members ofCzty Counczl not be used as an excuse for fazlzng to expedzte the teachers' and other personnel's salary zncreases Thzs a small portzon of the $18 2-MILLION of reverszon money I be/zeve the School Board dzd not request use of the reverszon money for thzs purpose, because they were told by staff that zt would be agaznst our po/zcy If you have any questzons, please do not hesztate to call me, I wzll be pleased to dzscuss the zssue Wlth hlghest regards to you, and wzth przde zn our czty, , l~uJ~/d Rosemary Wllson Counczl Member - At Large 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 - 29- Item V-J. 5. RESOLUTION/ORDINANCES ITEM # 50362 Upon motzon by Counczlman Jones, seconded by Counczl Lady Wzlson, Czty Counczl ADOPTED: Ordznance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for Contzngenczes to the FY 2002 operatzng budget of the Department of Fznance re reimbursing the heirs of Melissa Jones V otzng 10-0 (By Consent) Counczl Members Votzng Aye Margaret L Eure, LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva. Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None - 32- Item V-No ADJOURNMENT ITEM # 50365 Mayor Meyera E Oberndorf DECLARED the Czty Counczl Meetzng ADJOURNED at 6:38 P.M. @~~~~~3f:g /-J Chzef Deputy Czty Clerk f?___~ ~dgeS SmIth, MMC Czty Clerk Meyera E Oberndorf Mayor November 5, 2002 City- c>f Virgi:r1ia Beach JAMES L WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE FAX (757) 340-8411 (757) 340-2082 November 5, 2002 Mrs Ruth Hodges SmIth, MMC CIty Clerk MunIcIpal Center VIrgInIa Beach, VIrgInIa 23456 Dear Mrs SmIth Re' DIsclosure Pursuant to SectIon 2 2-3115(G), Code of VIrgInIa Pursuant to the VIrgInIa ConflIct of Interests Act, SectIon 2 2-3115(G), Code of VIrgInIa, I make the followIng declaratIon: 1 I am executIng thIS wntten dIsclosure regardIng CIty CouncIl's dIscussIon of, and vote on, a resolutIon concernIng the potentIal relocatIon of the CIty'S conventIon center at the Dome SIte 2 The nature of my personal Interest IS that I have an ownershIp Interest In Wood FamIly PartnershIp, and Wood FamIly PartnershIp owns and manages rental property located at the SIX hundred block of 22nd Street 3 I am a member ofa group (owners of real property In the ImmedIate VICInIty of the Dome sIte) the members of whIch are affected by the transactIon 4. I am able to partICIpate In the transactIon faIrly, obJectIvely, and In the publIc Interest 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges SmIth -2- November 5, 2002 Re. DIsclosure Pursuant to SectIon 2 2-3115(G), Code of VIrgInIa AccordIngly, I respectfully request that you record thIS declaratIon In the officIal records of CIty CouncIl. Thank you for your aSSIstance and cooperatIon In thIs matter. JL W /RRI Enclosure Robert C. Mandigo, Jr. 121 Gallant Fox Road Virginia Beach, VA 23462 October 30, 2002 VIA FACSIMILE AND U.S. MAIL To the Honorable Meyera Obemdorf, Mayor and :Members of City Council City of Virginia Beach c/o Ruth H. Smith, City Clerk Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear Mayor Obemdorf and Members of City Council: In view of recent events in my personal life and the deferred finding rendered by the Virginia Beach Juvenile and Domestic Relations Court in today's proceeding, I can no longer effectively perform the duties of the office. Accordingly, I hereby tender my resignation as Vice Mayor of the City of Virginia Beach and as the Kempsville District Representative (District 2) on the Virginia Beach City Council effective immediately. I apologize to the Council, to the citizens of the City of Virginia Beach and to the City Staff for any pain and embarrassment they may have suffered. I have been honored and privileged to serve the citizens of this great City. I wish the Mayor and Council well as they continue to serve the best interests of the City of Virginia Beach. With pride in our City, I remain Very truly your~ ~/IZ~ Robert C. Mandigo, Jr. /