NOVEMBER 4, 2003 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY ["OR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
V/CE MAYOR LOUIS R dONES, Baystde - Dt~trtct 4
HARRY E DIEZEL Kempsvtlle - Dt~trtct 2
MARGARET L EURE, ( entervtlle - Dt~trtct 1
REBA S McCLANAN, Rose Hall - Dtatrtct 3
RI(HARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Princess Anne - Dt,trtct 7
PETER W SCHMIDI, At-Large
RON A V1LLANUEVA, At-Large
RO3EMARY WILSON, At-Large
dAMES L WOOD, Lynnhaven -Dtgtrtct 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E- MAIL Ctycncl~vbgov corn
( lit MANAGER - JAMES K SPORE
CITYATTORNEY- LESLIE L LILLEY
CtTY CLERK - RUTH HODGES SMITH, MMC
4 November 2003
TOUR OF LANDFILL
- Municipal Center-
1:00 PM
CITY MANAGER'S BRIEFING
- Conference Room -
3:00 PM
CHESAPEAKE BAY PRESERVATION AREA ORDINANCE REVISIONS
Clay Bernick, Environmental Management Programs Administrator, Planning Department
II. REVIEW OF AGENDA ITEMS
III. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
VI. FORMAL SESSION
A CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend S~dney Nelson
Saint Timothy Lutheran 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 28, 2003
G. AGENDA FOR FORMAL SESSION
H. PRESENTATION
TRAUMA CENTER TASK FORCE REPORT
Dr Mitchell Miller, Chmrman
I CONSENT AGENDA
PUBLIC HEARINGS
COMPREHENSIVE PLAN
(recommended and certified by the Planning Commission)
,
PROPOSED AMENDMENT TO THE FY 2003-2004 CAPITAL BUDGET re
$10,250,000 in School Reversion Funds.
Ko
ORDINANCES/RESOLUTION
1. Ordinance to APPROPRIATE $11,750,000 in FY 2002-03 School Reversion Funds:
a. $4,000,000
b $2,250,000
c $2,000,000
d. SI,500,000
e. $1,500,000
f $ 500,000
School Plant and Supply Services Facility
Telecommunication Infrastructure Replacement
Security of the Instructional and Administrative Network
Systems
Standards Of Learning (SOL) Incentive Funds
Purchase of Buses and Various Vehicles
Increased Computer Network Security and On-hne Student
Assessment
Ordinance to ESTABLISH the Special Revenue Fund-School Reserve in the FY 2003-04
operating budget; and, APPROPRIATE $448,021 of FY 2002-03 School Reversion Funds
to the Special Revenue Fund-School Reserve Fund.
o
Ordinance to AUTHORIZE the C~ty Manager to execute an agreement with the
Southeastern Public Service Authority (SPSA) for the operation of"White Goods" recycling
facility at Landfill II and enter into a lease for forty-eight (48) acres of land at Landfill II for
the construction and operation of a compost/mulch processing facility.
.
Ordinance to APPROVE the modification re the Virginia Beach Development Authonty's
obligation to purchase Block 10 Parking Garage in Phase I of the Town Center ProJect;
recommend APPROVAL by the Virginia Beach Development Authority; and,
AUTHORIZE the preparation of Supplemental Phase II project documents.
5. Resolution to ESTABLISH The Old Beach D~stnct Master Plan Advisory Committee
L
APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
MINORITY BUSINESS COUNCIL
OLD BEACH MASTER PLAN ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at th~s 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 10/30/03/g0e
www vbgov corn
THERE WILL NOT BE ,4 COUNCIL MEETING ON NOVEMBER 11, 2003, VETERANS D,4 Y,4ND
CITY HOLID,4 Y. THE NEXT COUNCIL MEETING WILL BE HELD ON NOVEMBER 25, 2003.
-2-
CITY M/INAGER'S BRIEFING
CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE REVISIONS
3:00 P.M.
ITEM # 51854
Clay Berntck, Envtronmental Management Programs Admtntstrator, Planntng Department, advtsed changes
must be made by the Ctty concerntng the Chesapeake Bay Preservatton Area effecttve January 1, 2004
The Commonwealth of Vtrgmta originally adopted the Chesapeake Bay Preservatton Act tn 1988
Regulattons tmplementtng the Chesapeake Bay Preservatton Area were adopted tn 1990 The Ctty adopted
the local Chesapeake Bay Preservatton Area Or&nance and amended other local development ordtnances
for consistency tn 1991 As part of the extended revtewprocess, the Commonwealth found the Ctty to be fully
conststent tn 1994
CHESAPEAKE BAY PRESER VA TION AREA REQUIREMENTS
Locahty destgnate Chesapeake Bay Preservatton Area Geographtc
hmtts
Locahty map Resource Protectton Areas and Resource Management
areas wtthtn Geographtc ltmtts
Locahty adopt Ordtnance meettng mtntmum State requtrements and
conststency findtng
Locahty amend Comprehenstve Plan to address mtntmum State
requtrements and conststency findtng
Locahty amend other local Development Ordtnances to address
mtntmum State requtrements and conststency findmg
Mr Bermck &splayed a map tndtcattng the Chesapeake Bay Preservation Area The Chesapeake Bay
Watershed deptcted tn "hght yellow "encompass the Ehzabeth Rtver (Kempsvtlle), mtown Reservotrs (Lake
Smith, Lake Lawson - Baystde Area), Lynnhaven (eastern and western branches mclu&ng Ltnkhorn, Broad
Bay and all thetr trtbutartes) and Ltttle Creek Watersheds The streams extend as far south as Landfill II,
Ttdewater Communtty College and south along Dam Neck Road tn the vtcmtty of London Brtdge Road A
clear majority of the City's population ts included tn the Chesapeake Bay Watershed Areas to the south
(mustard colored on the map) dratn to North Carohna and eventually reach the ocean at Oregon Inlet
(approxtmately 100 mtles south) Wtthtn thts area there are two types of Resource Protection Areas The
Resource Protection Area (RPA) Example No. I extends from the shorehne landward to a &stance 100
feet beyond the top of the slope on a shorehne tn the Watershed Slopes are defined as betng areas whtch
have a slope greater than stx (6%)percent There are htghly erochble sods tn those areas tf they are denuded
of vegetation and can really contribute to water quahty problems Currently the 100-foot buffer commences
at the top of the slope and runs landward l OO feet Resource Protection Area (R_PA) Example No. 2 deptcts
a shorehne ofrtp rap or bulkhead wtth the same conchttons apphed Thepresence or absence of the natural
features does not affect where the Resource Protection Area commences
November 4, 2003
-3-
CITY M/INAGER'S BRIEFING
CHESAPEAKE BA Y PRESER VA TION AREA ORDINANCE REVISIONS
ITEM # 51854
The Ctty has more geographtc area protected than any many other locahttes, as well as more development
acttvtttes tn the shorehne areas There are more requests for vartances tn thts area The State wtll revtew
the number of vartances by other locahttes and thus our Ctty ts under closer scruttny by the State As the Ctty
regulates more area, the number of requests have tncreased
The Ctty Ordtnance created a Chesapeake Bay Preservatton Area Board to make dectstons more responstve
to the pubhc Ctty Counctl appotnts thts Board, which meets monthly to revtew requests of proJects wtthm
the Resource Protectton Area (RPA) The Ordmance also destgnated htghly erodible sods as a component
of the Resource Protectton Area (RPA), slopes greater than stx (6) percent to address chrontc eroston
problems tn Shorehne areas
REVISED STATE REGULATIONS
Requtre locahttes to amend Local Or&nances prtor to January 1, 2004
Instttute State inspection and enforcement overstght measures
Reemphastze tmportance of Resource Protectton Area Buffer for water
quahty protectton
CURRENT REQUIREMENTS v. NE W RE Q UIREMENTS
Minor Projects
current approved by staff admtntstrattvely
new approved by Chesapeake Bay Preservatton Area Board
Septic Tank Pump Out
current mandatory pump out every five (5) years
new mspectton and pump out tf necessary every five (5) years
Buffer Area Regulations
current more hberal tnterpretatton of buffer
encroachments at local level
new more strict tnterpretatton of buffer encroachments at local
level wtth State overstght
Principal Structure additions
current, approved by Chesapeake Bay Preservatton Area Board
new approved by staff admtntstrattvely
A mtnorproject ts defined as a land dtsturbance of less than 2500 square feet (an area roughly 50'x 50')
Currently these projects are approved admtntstrattvely However, the new requtrements would requtre
approval by the Chesapeake Bay Preservatton Area Board
November 4, 2003
-4-
CITY MANAGER'S BRIEFING
CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE REVISIONS
ITEM # 51854 (Continued)
A gazebo, swimming pool or shed tn the apphcant's backyard would have to be approved now by the
Chesapeake Bay Preservation Area Board However, a 2, 500 square foot home addttton could be approved
admtntstrattvely
Mr Bermck &splayed the proposed compromtse Resource Protection Area, whtch ts sattsfactory to the
development communtty, butldtng assoctattons, consultants and homeowners Thts RPA sttll protects the
same amount of area (100 feet back from the top of the bank) However, instead of having the 100-foot
buffer commence at the top of the bank, the buffer wtll now start at the shorehne In someplace& tf there ts
not a slope, the buffer may be only 100feet A lot wtth more comphcated features mtght requtre a 200foot
or more buffer depth. The dtfference ts a Vartance before the Chesapeake Board ts required tf the
apphcatton ts only wtthtn the first l OO feet Outstde of the l OO feet could be handled as an admtntstrattve
vartance
If the apphcant ts not pleased with an admtmstrattve dectston, an appeal may be made to the Chesapeake
Bay Preservatton Area Board wtth a later option to the Ctrcutt Court
SCHEDULE
September/October
Brtefings to City Counctl, Planntng
Commtsston, Chesapeake Bay
Preservatton Area Board, Consultant
Communtty, affected Ctty staff, budders,
Chamber of Commerce, Board of Zontng
Appeals and general pubhc
November
Planmng Commtsston Pubhc Heanng
(November 12, 3003)
Ctty Counctl Pubhc Heartng and adoptton
of Revtstons and Transttton Rules
danuary
Revtstons tn effect
Mr Berntck cauttoned observe use of the adopted State Regulattons note the Chesapeake Bay Local
Assistance Department (CBLAD) Website: www. cblad, state, va. us or Phone: 1 (800) CHESBAY. The
Draft City Program Revisions amendments to Section 200 of the City Zoning Ordinance appear:
http_ ://www. vbgov, com/dept/planning/curren~planning/novO3
Whtle thts ts a State mandated program, there are no resources from the Commonwealth
November 4, 2003
-5-
CITY M/INA GER 'S BRIEFING
CLUB 121
3:26 P.M.
ITEM it 51855
Vtce Mayor Jones requested Deputy Chtef James Cevera to provtde tnformatton relattve Club 121, located
on Broad Meadows Boulevard and Wesleyan Drtve There has been an ongotng tnvesttgatton relattve thts
Club Normally, there are a number of Alcohol Beverage Control (ABC) estabhshments whtch typtcally
year-by-year have certain problems No parttcular ntghtclub or estabhshment ts targeted These
estabhshments are identified by their behavior, calls of concern and dtsturbance around the surroundmg
area Voluntary comphance ts requested by the management concernmg parttcular tssues If this does not
work, mterventton strategies (t e gun interdiction, narcottcs vtolattons tn parking lots) will be estabhshed
spectfic to that mdtvtdual Club's need When sufficient infractions occur and strtct enforcement ts necessary,
the Pohce can appeal to the ABC Board for revocatton of hcense or institute a common nmsance charge
agamst the mghtclub whtch could result tn closmg the facthty permanently The Pohce do not wtsh to
become the prtvate securttyfor the mghtclub However, thts must be weighed agamst the quahty of hfe tn
the surroundtng netghborhood Ftre tnvesttgators are also used to asstst tn the tnvesttgatton and do
coordtnate wtth both the Ctty Attorney and Commonwealths Attorney's office on a routine basts
Relattve Club 121, there have been one hundred (100) ctttzen complatnt telephone calls over a stx-month
pertod or one hundred thtrty-stx (136) calls over a one-yearpertod The majortty are nutsance calls t e too
much norse Over the last year, the ntghtclub has changed owners Asststant Ctty Attorney Kathy Rountree
was able to take the prevtous owner to the ABC Board and secure a vtolatton on that parttcular
estabhshment The facthty changed hands, names and management Thus, the case has to be rebutlt The
process wtth the Alcohohc Beverage Control Board usually entatls, wtth appeals, stx (6) months to a year
The officers of the Thtrd Prectnct worked dthgently to butld up a case agamst the ortgmal bar Stnce thts
past Summer, the Pohce Officers have been acttve, not only at thts estabhshment but other locattons There
have been a number of weapons and narcottcs vtolattons The Pohce had attempted to have legtslatton
passed requtrtng an estabhshment have securtty, both internal and external, based upon the stze of the
crowd If there was willful neghgence on the owners 'part and tf conttnuedpohce response was necessary,
an admtntstrattve charge would be mcurred levied by the Ctty Unfortunately, the Restaurant Assoctatton
dtd not concur and thts State legtslatton was not tntroduced
Concermng a Club betng declared a nutsance, the three (3) crtterta tnvolve open prostitution, narcotics
violations and weapons violation Deputy Chtef Cevera advtsed the Pohce coordtnate closely wtth the Ftre
Investtgators who tnspect the enttre city There are three (3) or four (4) State Alcohohc Board lnvesttgators
There were two (2) major tnctdents relattve thts Club A Pohce Officer was shot and then a Securtty Guard
was killed afier falhng off the hood of a car (drtven by a 17-year old) tnto oncomtng traffic Deputy Chtef
Cevera advtsed a firearm ts not allowed tn an estabhshment servtng alcohol At many of these facthttes,
weapons are kept tnstde the vehtcles on the outstde of the premtses
Mayor Oberndorf advtsed the pubhc ts looktng for an tmmedtate response to tndtvtduals hvtng on the
wrong stde of the law The Ctty Attorney advtsed the Ctty does not have authortty to tmmechately close a
ntghtclub or bar The only agency whtch mtght have that authortty ts the Alcohohc Beverage Control Board
Asststant Ctty Attorney Kathy Rountree ts the Pubhc Safety Attorney Deputy Chtef Cevera advised tf there
ts an tnctdent emanattngfrom a bar/ntghtclub, the Pohce can advtse the Club's Manager to shut down for
pubhc safety Thts ts accomphshed on occaston t e the Fourth of July weekend However, thts cannot be
done permanently wtthout admtntstrattve due process
November 4, 2003
-6-
CITY MANAGER'S BRIEFING
CLUB 121
ITEM # 51855 (Continued)
Deputy Chtef Cevera advtsed, through &hgence, approxtmatelyfive (5) or stx (6) key estabhshments tn the
Ctty have been closed over the last two (2) years These estabhshments probably have more vtolent crtmes
than all the other estabhshments combtned Somettmes the landlord has been pressured whtch has resulted
tn two estabhshments at the Resort Area betng shut down by the landlords
The Ctty Attorney advised Assistant Ctty Attorney Rountree files objections for certatn estabhshments
applymgfor ABC hcenses (prtmartly tn the Resort DtstrtcO The Alcohohc Beverage Control Board conducts
an tnvesttgatton on each apphcatton The prtmary objectton of the Ctty Attorney's office has been the
concentratton of too many ABC hcenses tn a parttcular area On thts parttcular tssue, the Ctty has never
been successful wtth objecttons The Alcohohc Beverage Control Board has advtsed they are not wdhng to
regulate
Asststant Ctty Attorney Kathy Rountree advtsed a provtston tn the State Code advtses a Ctty can object to
the ABC Board based on the number ofhcenses tn the area The ABC Board has advtsed there ts no defined
number of bars allowed tn a locatton
The City Attorney quoted State Code Section 4.1128: "No county, city or town shall adopt any or&nance
or resolution which regulates or prohibits the manufacturing, botthng, possession, sales, dtstrtbutton,
handhng, transportatton, drtnktng, use, adverttstng, or dtspenstng of alcohohc beverages tn the
Commonwealth "Therefore, the Code reserves the right to regulate these estabhshments to the State ABC
Board
Mayor Oberndorf advtsed a number of Mayors tn other ctttes actually pubhsh the name of the tndtvtduals
or places tnvolved tn prostttutton, narcottcs, etc
The Ctty Attorney advtsed certatn objecttve crtterta can be pubhshed tn the newspaper The Beacon used
to pubhsh names of tndtvtduals convtcted of Driving Under The Influence (DUI).
The City Attorney referenced the prevtous recommendaaon or proposed Legislation re Conditional Use
Permits for establishments selling alcoholic beverages. On August 12, 2003, City Council, ADOPTED,
a Resolution, AS REVISED, to include other zoning areas within the city.
Resolutton to REFER to the Planmng Commtsston proposed
amendments to Secttons 111, 233 1, 1501, 1511 and 1521 of the Ctty
Zomng Ordmance (CZO) re Condtttonal Use Permits for sale of
alcohol tn the RT-1, RT-2 and RT-3 Resort Tourtst Dtstrtcts
Any estabhshment tn the Resort Area would reqmre a Condtttonal Use Permtt to sell alcohohc beverages
on or off premtses Any estabhshment tn the rematmng zomng dtstrtcts would requtre a Condtttonal Use
Permtt on premtses Thts Ordtnance ts betng constdered relaave a solutton to behavtoral problems
However, there are only about stx (6)problem estabhshments per year, whtch ts a constant figure
November 4, 2003
-7-
CITY M~4N/IGER'S BRIEFING
CLUB 121
ITEM it 51855 (Continued)
On October 28, 2003, the Ctty Attorney advtsed the Ctty Councd he beheved thts course of actton should not
be pursued Through dtscusstons wtth the Restaurant Assoctatton, a better coarse of actton was suggested
The City Attorney suggested Condtttonal Use Permtts for ABC Ltcenses not be considered for the
Community Legislative Agenda. Zomng matters should only be constdered from a land use standpotnt The
Ordtnance, currently at the Planmng Commtsston, should be revtewed for amendments A Zonmg Ordtnance
currently extsts for estabhshments servtng alcohohc beverages and mtnors are excluded durtng any part of
the day tn the Resort Area Mtnors are excluded from estabhshments servtng alcohohc beverages tf wtthtn
500feet of a restdenttal area
After meettng wtth Depu.tv Pohce Chtef Cevera and Ctty tnspectors, the formatton of an tnteragency
commtsston was suggested to deal wtth the stx (6) to ten (1 O) estabhshments whtch have constant behavtoral
problems A group ts needed to revtew Alcohohc Beverage Control (ABC) apphcattons and ongotng ABC
problems Thts group could be composed of representattves ofPohce, Ftre, Health, Buddmg lnspectors, and
an Agent from the ABC Board A meettng has been scheduled wtth the ABC Commtsstoner re senstttvtty to
the Ctty's resort status and for the Ctty to clearly understand thetr enforcement procedures
If Ctty Councd destres, the Condtttonal Use Permtt process could be reconstdered However, the Zomng
Admtmstrator would baswally be THE behavtoral monttor A Condtttonal Use Permtt process could hmtt
the hours of an estabhshment
Vtce Mayor dones beheves the Ctty Counctl should constder the Conchttonal Use Permtt process Whde he
reahzes all the current estabhshments are grandfathered, over time this process would provtde control over
a stgntficant number ofestabhshments
Under extsttng state law, the only agency that can cease the operatton of thts Bar ts the Alcohohc Beverage
Control (ABC) Board
Deputy Chtef Cevera advtsed the Pohce Department does have the abthty to enforce certam ABC laws When
the Officers are deputtzed under Federal Law, the law ts very spectfic relattve acttons of the Pohce Thts
posstbthty can be explored
November 4, 2003
-8-
AGENDA RE VIE W SESSION
4:19 P.M.
ITEM # 51856
K1 Ordinance to APPROPRIATE $11,750,000 tn FY
2002-03 School Reversion Funds:
a $4,000,000
b $2,250,000
c $2,000,000
d $1,500,000
e $1,500,000
f $ 500, 000
School Plant and Supply Servtces Facthty
Telecommuntcatton Infrastructure Replacement
Securtty of the Instructtonal and Admtntstrattve Network
Systems
Standards Of Learning (SOL) Incenttve Funds
Purchase of Buses and Vartous Vehtcles
Increased Computer Network Securtty and On-hne Student
Assessment
Council Lady Wtlson tnqutred relattve the other reverston funds tdenttfied and approprtated
Vtctorta Lewts, Chtef Ftnanctal Officer- Vtrgtnta Beach Ctty Pubhc Schools, advtsed there are two dtfferent
requests from the same reverston amount On August 15, 2003, the School Board was presented with a
summary of the unaudtted financtal statement for FY2002-03 reahztng $12,198,021 tn reverston funds The
reverston funds are the result of $5, 776, 645 tn addtttonal revenue and $6,421,3 76 tn expenditure savtngs
These are the only reversion funds from FY2002-03 Because part of the original reversion request tncluded
a destre on the Board's part to fund a spectal reserve fund, thatportton of that reverston ts contatned tn a
separate ordtnance The reverston funds are strtctly school operattng budget funds The "over budget"
funds are betng presented to the School Board on November 5, 2003, and wtll be scheduled for a Ctty
Counctl Sesston tn December
ITEM # 5185 7
K2
Ordtnance to ESTABLISH the Special Revenue Fund-
School Reserve tn the FY2003-04 Operattng Budget, and,
APPROPRIATE $448,021 of FY 2002-03 School
Reversion Funds to the Spectal Revenue Fund-School
Reserve Fund
Vice Mayor Jones advtsed the Virginia Beach School Board adopted a resolution on October 7, 2003,
requesttng the approprtatton of $448,021 of the reversion funds for estabhshment of a new Special Reserve
Fund. At the end of the year, thts wtll be placed tn the Spectal Reserve Fund Balance and wtll rematn
stmtlar to the Ctty's General Fund Balance The Vtrgtnta Beach School Board has enacted a policy that
states upon the request of etght (8) members of the Board, and a Ctty Counctl approprtatton, funds may be
expended The pohcy hmtts the accumulatton of 2% of the Vtrgtnta Beach School's budget
Mayor Oberndorf tnqutred tf thts was an tnterest beartng account Ms Lewts advtsed School Board funds
are requtred to earn tnterest
November 4, 2003
-9-
AGENDA RE VIEW SESSION
ITEM # 51858
K5 Resolutton to ESTABLISH The OM Beach Dtstrtct
Master Plan Advtsory Commtttee
Counctl Lady McClanan wtll vote NAY on thts ttem Counctl Lady McClanan expressed concern tn vtew of
the low Oceanfront assessments tn relatton to the restdenttal assessments Counctl Lady McClanan spoke
wtth the retatl consultant relattve utthztng the htgh denstty apartments as a part of the 19th Street
development plan Councd Lady McClanan wtshed tmprovements, however, ts not convinced the maxtmum
return on the tnvestment wtll be recetved Council Lady McClanan wtshed to see more results from other
pubhc/prtvate projects at the Oceanfront
Mayor Oberndorf referenced atten&ng the two-day Urban Land Instttute (ULI) Conference tn Reston,
Vtrgtma, relattve creattng centers of excellence tn ctttes for shopptng, hvtng and entertatnment Near the
hotel tn Reston, upper scale retatt are located on the ground level with very race loft apartments located
above the retatl
ITEM # 51859
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
K 1 Ordinance to APPROPRIATE $11, 750,000 tn FY
2002-03 School Reversion Funds:
a $4,000,000
b $2,250,000
c $2,000,000
d $1,500,000
e $1,500,000
f $ 500,000
School Plant and Supply Servtces Facthty
Telecommuntcatton Infrastructure Replacement
Securtty of the Instructtonal and Admtntstrattve Network
Systems
Standards Of Learntng (SOL) Incenttve Funds
Purchase of Buses and Various Vehtcles
Increased Computer Network Security and On-hne Student
Assessment
K2
Ordtnance to ESTABLISH the Special Revenue Fund-
School Reserve tn the FY2003-04 operattng budget, and,
APPROPRIATE $448,021 of FY 2002-03 School
Reverston Funds to the Spectal Revenue Fund-School
Reserve Fund
K3
Ordtnance to AUTHORIZE the Ctty Manager to execute
an agreement wtth the Southeastern Pubhc Servtce
Authority (SPSA) for the operatton of "White Goods"
recychng facthty at Landfill II and enter tnto a lease for
forty-eight (48) acres of land at Landfill II for the
constructton and operatton of a compost/mulch
processtng facthty
November 4, 2003
K4
K5
- 10-
AGENDA RE VIEW SESSION
ITEM # 51859 (Continued)
Ordinance to APPROVE the MODIFICATION re the
Vtrgtnta Beach Development Authority's obltgatton to
purchase Block 10 Parktng Garage tn Phase II of the
Town Center project; recommend APPROVAL by the
I"trgtnta Beach Development Authortty, and,
,4 UTHORIZE the preparatton of Supplemental Phase II
project documents
Resolutton to ESTABLISH The OM Beach Dtstrtct
Master Plan Advtsory Commtttee
Counctl Lady McClanan wtll vote NAY on Item K 5
November 4, 2003
-11-
COUNCIL LI/IISON REPORTS
4:35 P.M.
ITEM # 51859
Councdman Reeve dtstrtbuted to Ctty Councd for thetr revtew, a copy of the Senior Citizen Real Estate Tax
Relief Task Force Report The Senior Citizen Real Estate Tax Relief Task Force wtll brtef the Ctty
Counctl on December 2, 2003 Councd Members Maddox and Vdlanueva are also Counctl Ltatsons to the
Task Force
ITEM # 51860
Councd Members Schmtdt and Wood attended the first Virginia Beach Performing Arts Theatre Advisory
Commtttee meettng, Economtc Development Department, Tenth Floor, TownCenter, Monday, November
3, 2003, at 5 30 P M Mayor Oberndorf advtsed Councdman Wood's mother, Dorothy L Wood, ts the Chart
and Helen Dragas ts the Vice Chair Mrs Dragas, ts also serving on the Virginia Department of
Transportatton Board
November 4, 2003
- 12-
CITY COUNCIL COMMENTS
4:39 P.M.
ITEM # 51861
Councd Lady Eure thanked the Mayor and Ctty Councd for tourtng the Landfill at Centerville. Even on a
cloudy day, the Oceanfront and the Ctty of Norfolk can be vtewed from the Landfill Counctl Lady Eure
apprectates the endeavors of Wade Kyle, Fleet and Waste Management Admtmstrator, and hts staff
ITEM # 51862
Councilman Schmtdt advtsed the driving of the ptles for the Thirty-first Hotel will be completed today,
November 4, 2003
ITEM # 51863
Councdman Reeve extended apprectatton to the Mayor and Counctl Lady Wtlson for offictattng at the Grand
Opening of the Mount Trashmore Skate Park There were approxtmately 300 parttctpants hoptng to skate
on thts day Concern was expressed re ad&ttonal parks to dtffuse the crowdtng Thts park has been utdtzed
every single day
Counctl Lady Wtlson advtsed safety equtpment ts needed and suggested rental of thts eqmpment mtght be
constdered
Councdman Reeve &scussed thts concern wtth Ctndy Curtts, Dtrector- Parks and Recreatton Ms Curtts
advtsed they wtsh to butld a small kiosk for the attendant and wtll tnclude rental helmets
Mayor Oberndorf advtsed there was a skateboard facthty several years ago at Mount Trashmore (a bowl
type) When thts factltty feel tnto dtsrepatr, the skateboard facthty was dtsmantled
ITEM # 51864
Council Members Schmtdt and Dtezel attended the Grand Opening Ceremonies of the Special Olympics
Games on Saturday, November 1, 2003. There were over seven hundred (700) parttctpants Spectal
Olymptcs conttnues to partner wtth the Kntghts of Columbus and vartous corporate sponsors dtm Brtckman,
a restdent, was named the Special Olympics Virginia Volunteer of the Year
November 4, 2003
-13-
CITY COUNCIL COMMENTS
ITEM # 51865
Counctl Lady McClanan requested an analysts "tn wrtttng" of the clean-up process re Hurricane Isabel,
relative both the status and funds expended
Counctl Lady Wtlson advtsed Dean Block, Dtrector of Pubhc Works, wtshed Councd Members to advtse htm
of any pockets of debrts whtch have not been collected.
Mayor Oberndorf referenced Wade Kyle advtsed approxtmately I-MILLION cubic yards of debris has been
turned tnto mulch
The Ctty Manager advised two passes have been completed throughout the Ctty wtth a few spots mtssed Any
rematntng matertal, ctttzens can advtse and the regular route drtvers wtll note locattons of ptles of debrts
ITEM # 51866
Mayor Oberndorf congratulated Davtd Sulhvan, Chtef lnformatton Officer and staff for recetvtng the award
on October 2003, re the 2002International Web Page Awards Competition. www vbgov com Vbgov corn
was the only local government Web stte to be recogmzed The webstte was the wtnner of a "Certtficate of
Creative Achtevement"
Thts ts the first ttme VBgov com regtstered as a parttctpant tn thts competttton It was compettng wtth destgn
firms, ad agenctes, major magaztnes, etc from across the globe, tncludtng entrtes from Austraha, Argenttna,
Austrta, Belgtum, Canada, Chtna, Denmark, Egypt, Ecuador, England, Fmland, France, Germany, Incha,
Italy, Japan, Malaysta, New Zealand, Smgapore, Sloventa, South Afrtca, Spam, Sweden, Swttzerland, The
Netherlands and The United States
ITEM # 5186 7
Mayor Oberndorf congratulated Denms Craff on his new posttton as Director of Communications for the
City of Suffolk Dennts Craff was the Medta and Communtcattons Coordtnator III for Vtrgtma Beach
Denms has been an asset and hts professtonahsm and sktlls wtll be mtssed
November 4, 2003
-14-
ITEM # 51868
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall But[dtng, on Tuesday, November 4, 2003, at
4 47PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, Rosemary Wtlson, Peter W Schmtdt and James L Wood
Counctl Members Absent
Ron A Vtllanueva
November 4, 2003
0~, OUR
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virglma Beach City Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM # 51869, page 15, and ~n accordance with the
prowslons of The Virginia Freedom of Information Act, and,
WHEREAS' Section 2 2-3 711 (A) of the Code ofV~rg~ma reqmres a certification by the govermng
body that such Closed Session was conducted ~n conformity w~th V~rg~ma law
NOW, THEREFORE, BE IT RESOLVED. That the V~rg~ma Beach C~ty Council hereby certffies
that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open
Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certfficat~on resolution
apphes; and, (b) only such pubhc bus~ness matters as were ~dent~fied ~n the motion convemng th~s Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
'l~uth Hodges ~/m~tfa, MMCA
C~ty Clerk
November 4, 2003
- 18-
Item V-F. 1.
MINUTES
ITEM # 518 71
Upon motton by Counctlman Schmtdt, seconded by Councdman Reeve, Ctty Counctl APPROVED the
Mtnutes of the INFORMA£ and FORMAL SESSIONS of October 28, 2003.
Vottng 9-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Richard A
Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,
Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Reba S McClanan
Counctl Members Absent
Ron A Vtllanueva
Counctl Lady McClanan ABSTAINED as she was absent durtng the Ctty Counctl Sesston of October 28,
2003, due to the death of her mother, Goldte Salyers
November 4, 2003
- 19-
Item V-G
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 518 72
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 4, 2003
Item V-H. 1.
- 20-
MA YOR 'S PRESENTATION
ITEM # 518 73
Mayor Oberndorf tntroduced Dr Mttchell Mtller, Chatr- Trauma Center Task Force Dr Mtller ts the first
Vtrgmta Beach phystctan to become the Prestdent of the Virginia American Medical Association (AMA).
Dr Miller expressed appreciation to the Mayor and Ctty Council relative the opportumty to share the
dehberattons on The Virginia Beach Trauma Center Task Force The concern expressed by the Mayor and
Ctty Counctl was the drtvtng force ts helptng to restore Level 2 Trauma Services to the Ctty Dr Mtller
summartzed hts report dtstrtbuted to Ctty Counctl The Trauma Task Force met on three occastons and the
wtse advtse of Counctl Members Dtezel , Eure and Wtlson, as valuable to thetr dehberattons, Sentara offictals
expressed wtlhngness to attempt to restore trauma servtces to a level consistent with a Level 2 destgnatton
tn an urgent manner by complettng negottattons wtth key phystcmns as expeditiously as posstble Thts
culmtnated tn thetr announcement on October Thtrd that trauma servtces at a level conststent wtth Level 2
trauma destgnatton would be reacttvated at Vtrgtnta Beach General Hospttal on October 6, 2003 Whtle no
formal request to state authortttes has yet been made, Sentara also represented utihzatton of thetr best efforts
to recrmt addtttonal trauma surgeons to ensure the stabthty of the phystctan trauma team with the exception
of reapplytng for Level 2 destgnatton wtthm fifieen (15) months, if not sooner
Dr Mtller retterated the Task Force's recommendatton to Ctty Counctl
City Council consider the formation of a Health Care Advisory Committee
to assist the Ctty Council tn understandmg and evaluating relevant health
care tssues and tn provtdtng such ongotng momtortng of the health care
envtronment tn Vtrgmta Beach as Ctty Counctl determines approprtate
Dr Miller dtstrtbuted a copy of the Draft Proposal for thcs Health Care Advisory Committee
November 4, 2003
- 21 -
Item V-I. 1.
PUBLIC HEARING
ITEM ii 518 74
Mayor Oberndorf DECLARED A PUBLIC HEARING
COMPREHENSIVE PLAN
(Recommended and Certified by the Planning Commission)
The followtng regtstered to speak
Tom Coghtll, 804 Surfstde Avenue, Phone 422-3425, requested the Comprehenstve Plan be amended
and btcycle lanes added
D A Ablowtch, 4176 Chartty Neck Road, Phone 721-3052, requested advocacy for a Redevelopment
Houstng Authortty be removed and he Ctty concentrate on extsttng communtty revttahzatton procedures
Teresa Orr, 3149 Clarke Drtve, Phone 478-4703, Prestdent- Board of Dtrectors, Courthouse Estate
Homeowners Assoctatton, requested the West Neck Parkway extenston be removed from the Master
Transportation Plan
John H McKee, 208 Consul Avenue, Hone 497-5143, Prestdent- 650-member Ttdewater Btcycle
Assoctatton , spoke tn support of btcycle lanes
Fred Adams, 1548 Edgewater Drive, Phone 467-2 775, represented the Ttdewater Btcycle Association
and spoke tn support of btcycle lanes
Ralph Rtcardo, 2836 Pleasant Acres Drtve, Phone 42 7-9411 and owner of property at 2580 Shore Drtve,
spoke tn OPPOSITION to Sectton 201-B of the Ctty Zoning Ordtnance whtch requtres all setbacks be
measured from the rtght-of-way wtdths deptcted tn the Comprehenstve Plan mstead of the owners'
property hne where the plan's wtdth ss greater
Suzan Vaughan, 915 Goldsboro Avenue, Phone 422-0451, Member- Board of Dtrectors, Rudee Inlet-Owl
Creek Watershed Partnershtp Ms Vaughan requested development of an Owl Creek Watershed
Management Plan and conttnued cooperatton wtth the Rudee Inlet-Owl Creek Watershed Partnershtp.
Satd statement ss hereby made a part of the record
Edward Fowler, 2 753 Ltvtngston Loop, Phone 42 7-3235, represented Courthouse Estates, requested
deletton of the southernmost portton of the proposed West Neck Parkway from the Master
Transportatton Plan Pettttons tn Opposttton are hereby made a part of the record
Sal Peguato, 2676 Alameda Drtve, Phone 430-1625, represented Courthouse Estates, requested
deletion of the southernmost portton of the proposed West Neck Parkway from the Master
Transportatton Plan
Claudta Cotton, 2117 Smtth Avenue, Chesapeake, Phone 420-2434, Ext261, represented the Ttdewater
Butlders Assoctatton, supported the revttahzatton and redevelopment strategtes outhned and encouraged
more houstng Satd statement ss hereby made a part of the record
Kelly Lamar, 1636 Grey Frtars Chase, Phone 471-1090, Prestdent- Bellamy Plantatton Ctvtc League,
expressed conceptual agreement wtth the Comprehenstve Plan, but ss concerned re tts lack of apphcatton
tn Kempsvtlle
November 4, 2003
Item V-I. 1.
PUBLIC HEARING
- 22 -
ITEM # 51874(Continued)
Herb Jones, 2313 Sandptper Road, Phone 721-1103, expressed concerns relattve the denstty of
Sandbrtdge, retnstatement of Ntmmo VH to the Master Transportatton Plan and management of growth
John Moss, represented the Vtrgtnta Beach Taxpayers Alhance and strongly encouraged development of a
transportatton plan first and then review the land uses to be implemented
Attorney R Edward Bourdon, Pembroke One Bmldtng, 5th Floor, Phone 499-8971, requested deletton of
the southernmost portton of proposed West Neck Parkway from the Master Transportatton Plan, urged
revtew of Shore Drtve, east of Great Neck Road wtdened to a stx-lane roadway and, requested a
zomng or&nance that would comply wtth the Comprehensive Plan
Wdhs Harold, 4821 Dolton Drive, Phone 499-4867, expressed concern relative the Bonney Road West
Corridor and referenced an e-marl from Thomas Pauls, Comprehenstve Planner, dated October 21, 2003
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 4, 2003
- 23 -
Item V-I. 1.2
PUBLIC HEARING
ITEM # 51875
Mayor Oberndorf DECLARED A PUBLIC HEARING
PROPOSED AMENDMENT TO THE FY 2003-2004 CAPITAL BUDGET re
$10,250,000 in School Reversion Funds.
The followtng regtstered to speak
John Moss, represented htmself advtsed 85% of the Vtrgtma Beach School Board's budget ts composed of
salartes The majortty of funds accumulated (end of year balance) ts dertved from under executton of
budgeted salartes
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC
November 4, 2003
- 24 -
Item V-K.
ORDINANCES/RES OL UTION
ITEM # 518 76
Upon motton by Vtce Mayor Jones, seconded by Councdman Schmtdt, Ctty Counctl APPROVED IN
ONE MOTION Ordmances 1, 2, 3, 4 and 5 of the CONSENTAGENDA.
Votmg 10-0 (By ConsenO
Councd Members Votmg Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm
Reeve, Peter W Schmtdt, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Ron A Vdlanueva
Councd Lady McClanan voted NAY on Item K 5 (Old Beach Dtstrtct Maser Plan Advisory Committee)
November 4, 2003
Item V-K. 1.
ORDINANCES/RES OL UTION
- 25 -
ITEM # 518 77
Upon motion by Vice Mayor Jones, seconded by Councdman Schmtdt, City Council ADOPTED:
Ordtnance to APPROPRIATE $11, 750, 000 tn FY 2002-03 School
Reversion Funds:
a $4,000,000
b $2,250,000
c $2,000,000
d $1,500,000
e $1,500,000
f $ 500,000
School Plant and Supply Servtces Facthty
Telecommuntcatton Infrastructure Replacement
Securtty of the Instructtonal and Admtntstrattve Network
Systems
Standards Of Learntng (SOL) Incenttve Funds
Purchase of Buses and Vartous Vehicles
Increased Computer Network Securtty and On-hne Student
Assessment
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, Rosemary Wtlson and James L Wood
Councd Members Voting Nay
None
Council Members Absent
Ron A Vtllanueva
November 4, 2003
AN ORDINANCE TO APPROPRIATE
$11,750,000 IN FY 2002-03 VIRGINIA
BEACH SCHOOL REVERSION FUNDS TO THE FY
2003-04 SCHOOLS OPERATING BUDGET AND
FY 2003-04 CAPITAL IMPROVEMENT PROGRAM
AND TO ESTABLISH CIP PROJECT #1-082,
"PHASE I ALTERNATIVE EDUCATION
FACILITY (SCHOOL PLANT AND SUPPLY
SERVICES FACILITY)"
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WHEREAS, a total amount of $12,198,021 in FY 2002-03 Virginia
Beach Public School reversion funds are available for
appropriation; and
WHEREAS, by resolution dated October 7, 2003, the School Board
formally requested the City Council to approve the appropriation of
school reversion funds to the FY 2003-04 Capital Budget and School
Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That CIP Project #1-082, "Phase I Alternative Education
Facility (School Plant and Supply Facility)," is hereby
established.
2. That $11,750,000 in school reversion funds are hereby
appropriated from the General Fund to the FY 2003-04 Capital Budget
and School Operating budget in the amounts and for the purposes set
forth below:
(a) $4,000,000 to CIP Project #1-082, "Phase I
Alternative Education Facility (School Plant and
Supply Services Facility)";
(b) $2,250,000 to CIP Project #1-030,
"Telecommunications Infrastructure Replacement,"
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for various telecommunications infrastructure
improvements;
(c) $2,000,000 to CIP Project #1-196, "Instructional
Technology," to examine the security of the
instructional and administrative network systems;
(d) $1,500,000 to the FY 2003-04 Schools Operating
Budget, Instructional category, for SOL Incentive
Funds, which are provided to schools as recognition
for efforts in meeting Standards of Learning
requirements;
(e) $1,500,000 to CIP Project #1-011, "Equipment and
Vehicle Replacement," for the purchase of 20
replacement buses and various replacement supply
vehicles, school plant vehicles, and fleet
vehicles; and
(f) $500,000 to CIP Project #1-195, "Student Data
Management System," for increased computer network
security and online student assessment.
3. That estimated revenue from use of the Fund Balance of
the General Fund is increased by $11,750,000.
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Adopted by the Council of the City of Vlrg~nma Beach, Virginia, on thzs
4th day of November , 2003.
CA-9036
Ordln/Noncode/Reversionord.wpd
R3 - October 27, 2003
A OVED AS TO CONT T: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services /a"~'--City Attor~[ey's O~lc'e
'X I IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Oanlet D. Edwmlm
Oi~blct 1 - Cenler~ib
1613 geedwlew Dnve
VA Beach, VA :23464
495-3551 (h) · 717-0259 {cea)
Nell L RD#
',r~ Chab~,,an
At. La. aa
1~? Hants F~d
V^ Beech, Vk 23452
Olsblct 6 - Be, mb
721 H,liop Road
VA Beach, VA 23454
425.1507 (h)
Emma L."Em' Davis
112~ MiGhMIwWl Ddve
V^ Beth. V^ 23452
~-8911 Ch)
& Jm~ "Jim' ~Bdlim
VA GeaclL VA 2~
~ R. Low
4617 Red Coat Road
VA Beacho VA 23456
4e0.350t
VA 9#ch,VA 23462
460*a16r (~q
VA Bmich, VA 2~4~2
A~lhur T. Ts~
~ .-
VA Bea~.VR ~34~5
Caroly~ tX W.mm
1420 Oau<l~ Ddv~
VA Ba~ok~ YA 2345~
VA Beach, VA 234~
SUPERINTENDENT
2612 geo~
VA geedt,¥A
RESOLUTION REGARDING FY 2002/03 REVERSION FUNDS
WHEREAS, On August 15, 2003 the School Board was presented with a summary of the un-
audited financial statement for FY 2002/03 realizing $12,198,021 in reversion funds; and
WHEREAS, the reversion funds are the result of $5,776,645 in additional revenue and
$6,421,376 in expenditures savings; and
WHEREAS, the Administration recommends the following uses for the $12.2 million in reversion
funds:
· $ 2,000,000 for the annual commitment to the Instructional Technology Replacement
Cycle (Note a)
· $1,000,000 for the purchase of replacement buses
· $ 500,000 for the purchase of replacement vehicles
· $ 2,250,000 for Telecommunications Infrastructure Improvements
· $1,500,000 for SOL Incentive funds
· $ 250,000 for Computer Network Secudty
· $ 250,000 for On-line student assessment
· $ 4,000,000 for Phase I of the Altemative Education Facility (School Plant and Supply
Services Facility)
· $ 448,02I to begin funding the Special Reserve Fund for Schools (Note b);
Now, therefore, be it
RESOLVED'. That the Board approves the recommended uses of the additional FY 2002~03
reversion funds as presented by the Administration; and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of
this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,
each member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 7~h day of October 2003
S E A L Daniel D~ Edw~d~, Chairrrlan
Attest:
Dianne P. Alexander, Clerk of the Board
Note a.
Note b:
The Instructional Technology Fund Is a perpetual fund similar to the Textbook
Additional funds may be required in order to sustain the expenditure level requ,~,'~'to
maintain the program ......
Addlbonal funding is antidpated from FY 2002/03 Aclual-over-Budget funds
Revenue Sharing Formula in order to increase the money in this
School Administra~n Building · 2512 George Mason Drive · R O. Box 6038 · Virginia Beach, VA 23456-0038
- 26-
Item V-K.2.
ORDINANCES/RES OL UTION
ITEM # 51878
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Or&nance to ESTABLISH the Spectal Revenue Fund-School Reserve tn
the FY 2003-04 Operating Budget, and, APPROPRIATE $448,021 of FY
2002-03 School Reversion Funds to the Special Revenue -School Reserve
Fund
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, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Council Members Absent
Ron A Vtllanueva
November 4, 2003
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AN ORDINANCE TO ESTABLISH THE SPECIAL
REVENUE FUND-SCHOOL RESERVE IN THE CITY'S
FY 2003-04 OPERATING BUDGET AND TO
APPROPRIATE $448,021 OF FY 2002-03 SCHOOL
REVERSION FUNDS TO THIS FUND
WHEREAS, on May 6, 2003 the School Board amended School Board
Policy # 3-28 concerning the establishment of a reserve fund; and
WHEREAS, on October 7, 2003 the School Board passed a
resolution requesting the appropriation of $448,021 in FY 2002-03
school reversion funds to a reserve fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, Virginia:
1. That a new fund, known as the "Special Revenue Fund-
School Reserve," is hereby established in the City's accounting
structure.
2. That $448,021 of FY 2002-03 school reversion funds is
hereby appropriated from the fund balance of the General Fund to
the Special Revenue Fund-School Reserve, with estimated revenues
increased accordingly.
3. That any expenditure of funds from the Special Revenue
Fund--School Reserve shall require a resolution approved by eight
members of the School Board, as described in School Board Policy #
3-28, "Revenue Fund," and shall also require a subsequent
appropriation by the City Council to the appropriate category of
the School Operating Budget or capital improvement project in the
Capital Budget.
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4. That additions of funds to the Special Revenue Fund-School
Reserve or its fund balance shall require a resolution adopted by
the School Board and an appropriation by the City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 4th . day of November , 2003.
CA-9037
Ordin/Noncode/Reserveord.wpd
R6 - October 30, 2003
na rO~ a% t~~nt Approved as to Legal Sufficiency
,
gemen~ ~ervices~~' City Attorney's~O~fice
Policy 3-28 - Special Reserve Fund Page I of I
School Board of the C~ty of Virginia Beach
Pohcy 3-28
BUSINESS AND NONINSTRUCTIONAL OPERATIONS
Reserve Fund
A. Generally
In order to be ,n a better pos~t~on to respond to 0) unexpected shortfalls in state or federal funding, (,) emergency
expenditures of a nonrecurnng nature that would not have been antic~pated at the time of preparabon and adopbon of the
School Operatmg Budget, or (m) other fiscal emergencies, the board shall set aside a reserve for conbngencms (heremafter
"Reserve Fund" or "Fund") up to two (2) percent of the prewous year's School Operatmg Budget, may be placed mto th~s
Fund. The purpose of th~s pohcy ~s to specify what funds shall be placed m the Reserve Fund, and to set forth the board's
requwement for any expenditures to be made from the Fund
B. Pohcy
1. The board may d~rect that funds from interest earned on the Reserve Fund balance, year-end reversions,
actual-over-esbmated revenues, the sale of excess school property, or other sources approved by the board
and c~ty councd be used to supplement the Fund subject to the councd's appropriation of these add~bonal funds
to the board for th~s purpose.
2. Any expend,ture of funds in the Reserve Fund shall requ,re a resolution adopted by eight school board
members (two-thirds majority of the members of the board) such resolution shall state the purpose(s) of the
expenditure, and the total amount to be expended.
3. Pursuant to apphcable provisions of state law~ the Reserve Fund must be appropnated by c~ty councd
annually as part of the school operating budget, and any funds that the board deswes to be added to the Fund
during the fiscal year must also be appropriated by c~ty councd.
Legal Reference:
Code of va, § 22.:[-88 Of what school funds to consist.
Code of Va.; § 22.1-94 Aooropnatlons by county, city or town governing body for oubhc schools
Adopted by School Board: May 6, 1997
Amended by School Board: May 6, 2003
0 0 0 0 0 0
http://10.90.85.47/Areas/Policies/Section ~203 ~20- ~20Business ¼20OperationrdArticle ~20III~... 7/28/2003
Fact Sheet
School Reserve Funds
What is a Reserve Fund: Reserves for Contingencies are generally used within the City to
provide funding for unanticipated expenditures. The reserves are backed through the annual
appropriation of current revenue by the City Council in the budget process. The City's current
reserve for contingencies policy allows the budgeting of 1/2%-1% of general fund
expenditures, but in reality only about $1.5 million is appropriated every year. A Fund Balance
is different than the reserve for contingencies. Fund balances are not appropriated on an
annual basis, but accrue from year to year. Fund balance is backed by undesignated funds,
and current Council policy requires the General Fund balance to be 75%-100% of the
preceding year's debt service. The policy also restricts the use of fund balance to only one-
time expenditures.
What is Being Discussed: The School Board is proposing a School Reserve Fund. Based on
conversations with School's staff, the School Reserve Fund is really a Fund Balance to be
maintained at a level no greater that 2% of the previous year's School Operating Budget. The
adoption of School Board Policy 3-28, "Reserve Fund" the School Board is desiring the ability
to set aside up to 2% of the previous year's School Operating Budget into a fund balance.
Currently, the School's operating fund is prohibited from maintaining a balance.
How Could the Reserve be Built: The fund balance would be built primarily through the use
of reversion funds. Reversion funds come from three sources. 1) Unspent appropriation at the
end of the fiscal year. Unspent appropriation occurs through a number of ways, efficiency
savings, vacancy savings, and lower equipment bids than anticipated. 2) Through better than
anticipated revenue performance, revenue that was received over the estimated amount. 3)
Through the "true up" at the end of the year, where the revenue sharing formula revenues are
evaluated on an actualized basis, and any additional revenue over the estimated amount is
provided to Schools. Current Council policy is to provide all of these funds back to Schools
through the appropriation of reversion funds for expenditure within the new fiscal year. If City
Council chooses to allow a fund balance, the School Board could request a portion of the
reversion funds to be directed to the School Operating Fund Balance.
How Could the Fund Be Used: The School Board Policy does not comment specifically on
the uses, but specifies that the funds shall be maintained to respond to 1) unexpected
shortfalls in state or federal funding, 2) emergency expenditures of a nonrecurring nature that
would not have been anticipated at the time of the preparation and adoption of the School
Operating Budget, or 3) other fiscal emergencies. The policy also states that any expenditure
of these funds will require a resolution, specifically stating the purpose and amount, adopted
by eight school board members and then appropriated by City Council.
Legal Issues: Currently the state law requtres that all funds not expended by the Schools will
be returned to the locality for re-appropriation as the governing body determines. In shod, §
22.1-100~ states that the Schools must return unspent local funds to the City, however current
policy provides for a full reversion of those funds back to schools.
I § 22 1-100 Unexpended school and educational funds -- All sums of money derived from the Commonwealth
which are unexpended ~n any year ~n any school d~wsion shall revert to the fund of the Commonwealth from
which denved unless the Board of Education d~rects otherwise All sums derived from local funds unexpended ~n
any year shall remain a part of the funds of the govermng body appropnabng the funds for use the next year, but
Fact Sheet 1
School Reserve Fund
-27-
Item V-K. $.
ORDINANCES/RESOL UTION
ITEM # 51879
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Council ADOPTED:
Ordtnance to AUTHORIZE the Ctty Manager to execute an agreement
with the Southeastern Pubhc Servtce Authority (SPSA) for the operation
of "White Goods" recychngfacthty at Landfill II and enter tnto a lease
for forty-etght (48) acres of land at Landfill II for the construction
and operatton of a compost/mulch processtng facthty
Vottng 10-0 (By Consent)
Counctl Members k'ottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron A Vtllanueva
November 4, 2003
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH THE SOUTHEASTERN PUBLIC SERVICE
AUTHORITY FOR THE OPERATION OF THE
APPLIANCE ("WHITE GOODS") RECYCLING
FACILITY AND A LEASE FOR A COMPOST
/MULCH FACILITY AT LANDFILL II
WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
10 parcel of land located at 1989 Jake Sears Road in Virginia Beach, Virginia and known as Landfill
11 Il;
12
WHEREAS, pursuant to Virginia Code § 15.2-5148, the City and the Southeastem
Public Service Authority ("SPSA") entered into a lease dated September 26, 1990, (the "1990
Lease") of approximately nine acres at Landfill II for use by SPSA for the construction and
15 operation of a compost/mulch (yard waste) processing facility;
16
WHEREAS, SPSA proposes to consolidate at Landfill II its existing compost/mulch
17 processing facility leased under the 1990 Lease with its facility located in the City of Suffolk,
18 Virginia;
19
WHEREAS, to effect the proposed consolidation in the future, SPSA desires to enter
2 0 into a new lease with the City for the consohdated compost/mulch processing facility at Landfill II
21 consisting of approximately 48 acres;
22
WHEREAS, SPSA also desires to assume the operation of the "White Goods"
2 3 recycling facility at Landfill II at no cost to the City; and
24 WHEREAS, SPSA and City staff worked with the City Attomey to draft an
25 agreement and a lease which sets forth the responsibilities and obligations of the parties upon terms
26 and conditions mutually agreeable to all parties.
27
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
That the City Manager is hereby authorized to execute an agreement with SPSA for
30 the operation of the "White Goods" recycling facility at Landfill II and a lease between SPSA and
31 the City for approximately 48 acres of land at Landfill II in accordance with the Summary of Terms
32 attached hereto.
33
Adopted by the Council ofthe City of Virg~nia Beach, Virginia, on the 4 th dayof
34 November ,2003.
CA-8999
C XDocuments and Sett~ngs\wkyle\Locai Semngs\Temp\SPSA ord2 wpd
R-I
10/14/03
APPROVED AS TO CONTENT
Department of Pul~h[: Works
APPROVED AS TO LEGAL
SUFFICIENCY ~
Department of Law /'1
SUMMARY OF TERMS
AGREEMENT FOR THE OPERATION OF "WHITE GOODS" RECYCLING
FACILITY AND LEASE FOR THE USE OF
48 ± ACRES AT LANDFILL II
LESSOR:
City of Virginia Beach.
LESSEE:
Southeastern Public Service Authority (SPSA)
PREMISES:
Approximately 48+ acres of land at Landfill II.
TERM:
Initial lease term for the consolidated yard waste facility shall be from the
date of execution of the agreement and lease until June 30, 2015 with 2
additional renewal terms of up to 5 years each. Any such renewal shall be at
the sole discretion and option of the City. The operation of the "White
Goods" recycling facility shall continue in accordance with the term of the
lease.
RENT:
Ten Dollars per year for the initial term and any renewal term thereof.
RIGHTS AND RESPONSIBILITIES
OF SPSA UNDER THE AGREEMENT:
Will assume the responsibility for the operation of the white goods (appliances)
recycling area at no cost to the City.
UNDER THE LEASE:
Will use the Premises for the construction and operation of a compost/mulch
processing facility (the "Facility") and no other purpose. Additionally, the hours of
operation of the Facility shall be from 7:00 a.m. to 7:00 p.m., Monday through
Saturday. However, the City Manager may revise the permitted hours of operation
In the event of his determination of an emergency and for the duration of that event,
upon notice to SPSA.
Will construct the Facility and obtain all permits required at its sole cost and expense.
However all construction plans must be submitted to the City for review and
approval prior to the initiation of any construction of improvements. All ingress and
egress to the Premises shall be by means of Jake Sears Road.
Will terminate the current 1990 Lease upon final completion and commencement of
operation of the new Facility and shall vacate such premises in accordance with the
terms and conditions of the 1990 Lease.
Will pay the City the sum of $81,691.00 in full and complete settlement and
satisfaction of all unpaid amounts previously invoiced by the City under the Ash and
Residue Agreement between the City and SPSA. This payment shall be made by
SPSA within 60 days of the full execution of this lease by all parties.
As a condition of the City's site plan approval of the new facility, SPSA will
construct a buffer of trees/shrubbery of at least 50 feet around the perimeter of the
facility on all areas that are not adjacent to the landfill operation.
Will mmnta~n and perform any and all necessary repairs and replacements to the
Premises.
Will indemnify the C~ty for any and all claims arising from SPSA's use and
occupation of the Premises, including any and all adverse environmental conditions
caused by SPSA.
RIGHTS AND RESPONSIBILITIES
OF CITY:
Will inspect the Premises for compliance with the terms of the Lease and all state,
local and federal laws, statutes, ordinances and regulations.
TERMINATION: The City ~s not required to renew either the Agreement or the Lease at~er its
~mtial term. After 2018, the City may terminate at any time for any reason with 24 months written
not]ce to SPSA.
Item V-K. 4.
- 28 -
ORDINANCES/RES OL UTION
ITEM # 51880
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Ordtnance to APPROVE the MODIFICATION re the Vtrgtnta Beach
Development Authortty's obhgatton to purchase Block 10 Parktng
Garage tn Phase II of the Town Center project, recommend
APPROVAL by the Vtrgtnta Beach Development Authortty, and,
AUTHORIZE the preparatton of Supplemental Phase Il project documents
Vottng 10-0 (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, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron A Vtllanueva
November 4, 2003
1
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ORDINANCE APPROVING MODIFICATION TO
THE VIRGINIA BEACH DEVELOPMENT
AUTHORITY'S OBLIGATION TO PURCHASE
THE BLOCK 10 PARKING GARAGE IN PHASE II
OF THE TOWN CENTER PROJECT,
RECOMMENDING APPROVAL BY THE
VIRGINIA BEACH DEVELOPMENT
AUTHORITY, AND AUTHORIZING THE
PREPARATION OF SUPPLEMENTAL PHASE II
PROJECT DOCUMENTS
12
WHEREAS, on behalf of the C~ty of Virgima Beach (the "C~ty") and the City of
13 V~rgima Beach Development Authority (the "Authority"), the C~ty Manager and C~ty staff have
14 engaged ~n extensive negotiations with representatives of Armada/Hoffier Development Company,
15 L.L.C., and ~ts affihates, regarding the development of a Central Business D~stnct Project known as
16 "The Town Center of V~rgima Beach" (the "ProJect");
17
WHEREAS, by Ordinance No. 2766A adopted June 3, 2003, after finding that Phase
18 II of the ProJect will stimulate the City's economy, increase public revenues, enhance public
19 amenities, further the City's development objectives for the Central Business District and provide
2 0 necessary components to further the goals contmned in the City's "Guidehnes for Evaluation of
21 Investment Partnerships for Economic Development", the C~ty Council (a) approved development
2 2 documents for Phase II of the Project (the "Phase II Project Documents"), (b) requested that the
2 3 Authority approve and execute the Phase II Development Documents, and (c) authorized the City
24 Manager to execute a Support Agreement between the City and the Authority supporting the
2 5 Authonty's obligations contained ~n the Phase II Project Documents;
26
WHEREAS, Phase II of the Project includes Block 10, a structurally integrated 14-
2 7 story structure comprised of an 840-car, 4-story, public parking garage (the "Block 10 Parking
2 8 Garage"), on top of which will be constructed a 342-umt multi-story apartment bml&ng complex,
2 9 and around which will be constructed 42,278 square feet of ground floor commercial space;
3 0 WHEREAS, pursuant to the Phase II Project Documents, the Developer is obligated
31 to construct the Block 10 Parking Garage and the Authority is obhgated to purchase the Block 10
32 Parking Garage from the Developer for approximately $13,500,000, upon its completion, as well as
33 completion of (a) the Block 10 apartment tower, (b) the Block 10 commercial space, and (c) the
34 private improvements to be constructed on Blocks 3 and 8 of the Project;
35
WHEREAS, because of the integrated structure of the improvements to be
3 6 constructed on Block 10, it is necessary that certain structural support elements for the Block 10
3 7 apartment tower (the "Structural Support Elements") be physically located within the Block 10
3 8 Parking Garage;
39
WHEREAS, to facilitate the Developer's construction financing for the apartment
40 tower, the Developer has requested that the Authority modify the Phase II Development Documents
41 to provide for the Authonty's purchase of the Block 10 Parking Garage, to include the Structural
4 2 Support Elements at an additional cost of $2,000,000, and the subsequent and s~multaneous sale by
4 3 the Authority of the Structural Support Elements to the owner of the apartment tower for $2,000,000
44 (the "Block 10 Modification");
45
WHEREAS, the City Council finds that the proposed Block 10 Modification is
46 desirable as it allows the Developer to obtain favorable financing for the construction of the private
47 improvements on Block 10 which will be insured by the U.S. Department of Housing and Urban
4 8 Development and it has no financial impact on the Authority; and
49
WHEREAS, the City Council hereby approves the Block 10 Modification and desires
5 0 that the Authority approve the Block 10 Modffication and pursue the preparation of supplemental
5 :[ Phase II Development Documents to evidence the Block 10 Modification.
52
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
5 3 VIRGINIA BEACH, VIRGINIA;
54
1. In connection w~th the V~rginla Beach Development Authonty's (the
55 "Authonty's") purchase of the pubhc parking garage to be constructed on Block 10 of the Town
5 6 Center Project (the "Block 10 Parking Garage") pursuant to the development documents for Phase II
5 7 of the Town Center Project (the "Phase II Development Documents"), the City Council approves the
5 8 modification of the Phase II Development Documents to provide for the Authority's purchase of the
5 9 Block 10 Parking Garage, together with the structural support elements physically located w~thin the
Block 10 Parking Garage that support the Block 10 apartment tower (the "Structural Support
Elements") for an additional cost of $2,000,000, and the subsequent sale by the Authority of the
Structural Support Elements for $2,000,000 to the owner of the apartment tower (the "Block 10
63 Modification"). The City Council finds that the Block 10 Modification is both a necessary and
6 4 desirable modfficat~on to the Authority's obhgat~ons w~th respect to Block 10 of Phase 11 of the
6 5 mixed-use commercial development project known as "The Town Center of V~rginia Beach". The
Block 10 Modification will not result in a net ~ncrease of the cost of the Block 10 Parking Garage to
6 7 the Authority, which by formula calculation is estimated to be $13,500,000.
68
2. The City Council recommends that the Authority adopt a Resolution (a)
6 9 approwng the Block 10 Modification, (b) authorimng the C~ty Manager and the City Attorney, on
7 0 behalf of the Authority, to proceed w~th the preparation of supplemental Phase l~ Project Documents
7 :[ necessary and appropriate to implement the Block 10 Modffication (the "Block 10 Modification
72 Documents"), and (c) authorizing the appropriate officers of the Authority to execute and dehver the
7 3 Block 10 Modffication Documents to which it is a party so long as such Block 10 Modffication
7 4 Documents are consistent with the provisions herein, do not increase the Authority' s liability under
7 5 the Phase II Project Documents and are acceptable to the City Manager and the City Attorney.
76
3. On behalf of the C~ty of Virg~ma Beach, the City Manager and the City
77 Attorney are hereby authonzed and directed to proceed with the preparation of the Block 10
7 8 Modification Documents.
79
4. The City Manager, or his designee, is authorized to execute and deliver any
8 0 Block 10 Modification Documents to which it is a necessary party so long as such Block 10
81 Modification Documents are consistent with the provisions herein, do not increase the Authority's
82 liability under the Phase II ProJect Documents and are acceptable to the City Manager and the City
8 3 Attorney.
84
Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 th day
85
of November ., 2003.
86
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9O
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92
93
94
95
96
97
98
99
100
CA-9025
October 30, 2003
F ~DataL&TY'xOrd~nLNONCODE\Ord~nance - Block 10 modfficat~on doc
AI?~VED AS TO CONTENT:
Finance Department
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
- 29-
Item V-K. 5.
ORDINANCES/RES OL UTION
ITEM # 51881
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Resolutton to ESTABLISH The Old Beach Dtstrtct Master Plan Advtsory
Commtttee
Vottng 9-1 (By ConsenO
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A
Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,
Rosemary Wilson and James L Wood
Counctl Members Voting Nay
Reba S McClanan
Counctl Members Absent
Ron A Vtllanueva
November 4, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A RESOLUTION ESTABLISHING THE OLD BEACH
DISTRICT MASTER PLAN ADVISORY COMMITTEE
WHEREAS, on August 5, 2003, the City Council received a
summary of the financial and economic analysis of the development
of the Old Beach Master Plan and an update on the status of this
project; and
WHEREAS, it is the sense of the City Council that there
should be appointed a citizens committee to study certain issues
concerning the implementation of the Old Beach Master Plan, as set
forth hereinbelow.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby constitutes and establishes
the Old Beach Master Plan Advisory Committee (the "Committee").
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Committee shall consist of thirteen (13)
members, to be appointed by the City Council;
2. That two (2) members of City Council shall be
appointed as nonvoting Council liaisons to the Committee;
3. That the Mission of the Committee is as follows: (1)
to familiarize itself with the "Creating an Old Beach District
Center" study dated February 14, 2003 ("Old Beach District Study")
and the market analysis prepared by URS, Bus Rapid Transit studies,
and any other studies pertinent to the development of the area; (2)
to lead and engage the public in general and specific groups in the
27
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29
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31
32
33
34
35
36
37
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44
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discussion of plan design elements, with the groups to include the
Resort Advisory Committee, Planning Commission, Hampton Roads
Transit, and City Council and to bring forward recommendations to
City Council on the adoption of the Old Beach Master Plan, for
final approval by City Council on or before January 27, 2004; (3)
to work within the framework of the Old Beach District Study and
with City staff and consultants to develop an aesthetics and urban
design plan for the Corridor for recommendation to City Council;
(4) to identify and prioritize a series of recommended projects and
actions to implement the aesthetics and urban design plan,
including right of way acquisition and development of linear parks;
(5) to evaluate the use and feasibility of public-private
partnerships to achieve the goals and recommendations of the Old
Beach District Study; and (6) to investigate alternative funding
sources for projects in the Corridor; and
4. That, unless extended by City Council, the
Committee's mission will expire on July 1, 2004.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~h-- day of November , 2003.
CA-9039
F:\DatakATY\Ordin\NONCODE\old beach.wpd
R-4 - October 28, 2003
APPROVED AS TO LEGAL SUFFICIENCY-
City Attorney's
- 30-
Item V-L. 1.
APPOINTMENTS
ITEM # 51882
B Y CONSENSUS, City Counctl RESCHEDULED the following APPOINTMENTS:
MINORITY BUSINESS CO UNCIL
TIDEWATER REGIONAL GROUP HOME COMMISSION
November 4, 2003
- 31 -
Item V-L. 2.
APPOINTMENTS
ITEM # 51883
Upon NOMINATION by Vtce Mayor Jones, City Counctl APPOINTED:
Judith Rosenblatt
Unexpired term through 12-31-05
CHESAPEAKE BAY PRESER VA TION AREA BOARD
Vottng 10-0 (By ConsenO
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, l~tce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter
W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron d Vtllanueva
November 4, 2003
, I
- 32 -
Item V-L.$.
APPOINTMENTS
ITEM # 51884
Upon NOMINATION by Counctlman Maddox, Ctty Counctl APPOINTED:
At Large
Convention Center
Advisory Committee
Planning Commission
Resort Advisory Commission
(MC)
Resort Community
Thomas C. Kyrus
MaryAnne L. Nixon (President, Lakewood Civic
League)
Thomas R. Pritchard
Barbara G. Yates (President, Resort Beach Civic
League)
Michael J. Barrett
Cornell Fuller
Janice L. Anderson (Beach District)
Ronald C. Ripley
William D. Almond (RA C Chairman)
John L. Gibson, III
Andrew C. Edwards (Restaurant Association)
R. Preston Midgett, H (Past President, Retail Association)
Kenneth C. Taylor (President, Motel Association)
OLD BEA CH DISTRICT MASTER PLAN AD VISOR Y COMMITTEE
Votmg 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, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron A Vdlanueva
November 4, 2003
i I
- 33 -
Item V-L. 4.
APPOINTMENTS
ITEM ii 51885
Upon NOMINATION by Counctlman Maddox, Ctty Counctl APPOINTED:
Tom Holland
Louie Ochave
3 year terms
11/04/2003 - 6/30/2006
TOWING AD VISOR Y BOARD
Vottng 10-0 (By Consent)
Council 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, Rosemary Wilson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Ron A Vtllanueva
November 4, 2003
i
- 34 -
Item V-N.
AD JO URNMENT
ITEM # 51886
Mayor Meyera E Oberndorf DECLARED the City Council Meettng ADJOURNED at 7 ! 7 P M
Beverly 0 Hooks, CMC
Chtef Deputy City Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
November 4, 2003