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HomeMy WebLinkAboutNOVEMBER 5, 2002 AGENDA City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR ROBERT C. MANDIGO, JR., Kempsville - District 2 MARGARET L. EURE, Centerville - District 1 LOUIS R JONES, BaysMe - Districl 4 REBA S. McCLANAN, Rose Hall - District 3 RJCHARD A. MADDOX, Beach - District 6 ,HM REEI-'~, Princess Anne - District 7 PETER IK SCHMIDT, At-Large RON A. PTLLANUEVA, At-Large ROSEMARY WILSON, At-Large .L&~.tES L. WOOD, Lynnhaven -Distrwt 5 JAMES K. SPORE, Ctty Manager LESLIE L. LILLEY, City' Attorney RUTH HODGES SMITH, MTffC, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINL4 BEACH. ~TRGINM 23456-8005 PHONE: (757J 427-4303 FAX (757) 426-5669 E MAlL:CO, cncl(~vbgov, com November 5, 2002 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM THEATRE Martha J. Sims, Director, Department of Libraries MEMORANDUM OF UNDERSTANDING: Virginia Marine Science Museum Foundation Lynn Clements, Director, Department of Museums and Cultural Arts II. REVIEW OF AGENDA ITEMS COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Sidney Davis Saint James Missionary Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSIONS October 29, 2002 G. AGENDA FOR FORMAL SESSION PUBLIC HEARING 1. CAPITAL BUDGET AMENDMENT Supplemental appropriation of $8.8-Million School Reversion Funds PUBLIC 1NPUT 1. COMMUNITY LEGISLATIVE AGENDA J. RESOLUTION/ORDINANCES Resolution to ADOPT the City's 2003 Community Legislative Agenda and REQUEST members of the City's local General Assembly delegation sponsor and/or support 2003 legislation that would carry out the goals and objectives set forth therein. Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School Reversion Funds: a. $8.8-Million: (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 FY 2002-2003 School Capital Budget Telecommunication Infrastructure Replacement Instructional Technology Equipment and Vehicle Replacement Student Data Management System Landstown High School/Princess Anne Road Pedestrian Bridge $1,597,000: (1) $1,400,000 (2) $ 197,000 Instructional Category SOL Incentive Program Athletic equipment Ordinance to APPROPRIATE $80,000 from the fund balance of the General Fund to provide an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance replacement. Ordinances to APPROPRIATE FY 2002-2003 funds to the Department of Museums and Cultural Arts: a. $112,500 Grant re educational programs b. $ 31,000 Grant to the FY 2002-2003 re Stranding Program. c. $ 18,000 from the Francis Land House Board of Governors Trust Fund re Board supported programs. Ordinance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 operating budget of the Department of Finance re reimbursing the heirs of Melissa Jones. Ko APPOINTMENTS PARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/05/02slb ,gov.com November 5, 2002 CITY MANAGER'S BRIEFINGS A. THEATRE - Conference Room - Bo 2:30 PM Martha J. Sims, Director, Department of Libraries MEMORANDUM OF UNDERSTANDING: Virginia Marine Science Museum Foundation Lynn Clements, Director, Department of Museums and Cultural Arts II. REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Sidney Davis Saint James Missionary Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES 1. INFORMAL AND FORMAL SESSIONS October 29, 2002 G. AGENDA FOR FORMAL SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. PUBLIC HEARING 1. CAPITAL BUDGET AMENDMENT Supplemental appropriation of $8.8-Million School Reversion Funds PUBLIC INPUT 1. COMMUNITY LEGISLATWE AGENDA NOTICE OF PUBLIC HEARING Amendment to the FY 2002-03 Capital Budget: Supplemental appropriation of $8,800,000 in School Reversion Funds to School Capital Projects On Tuesday, November 5,2002, the Council of the City of Virginia Beach, Virginia, will hold a public hearing on a proposed amendment to the FY 2002-2003 Capital Budget. The amendment shall be for supplemental appropriations of $8,800,000 in Virginia Beach School Reversion Funds to the following School capital projects: Equipment and Vehicle Replacements, Instructional Technology, Special Education Module for the Student Data Management System and Landstown High School/Princess Anne Road Pedestrian Bridge. This is consistent with the use designated by the City Council and School Board in the approved FY 2002-2003 /FY 2007-2008 Capital Improvement Program. A copy of the proposed ordinance that provides more details about the amounts of the appropriation for each project is on file in the City Clerk's Office. The public hearing will be conducted at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. Interested persons may appear at such time and place to present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's office at 427-4303. If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call 427-4305 VoicefrDD. 4~th H°dges~mitt~, MMC City Clerk Note: 1. Advertisement to appear in the Beacon on Sunday, October 27, 2002. $. RESOLUTION/ORDINANCES Resolution to ADOPT the City's 2003 Community Legislative Agenda and REQUEST members of the City's local General Assembly delegation sponsor and/or support 2003 legislation that would carry out the goals and objectives set forth therein. Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School Reversion Funds: a. $8.8-Million: FY 2002-2003 School Capital Budget (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 Telecommunication Infrastructure Replacement Instructional Technology Equipment and Vehicle Replacement Student Data Management System Landstown High School/Princess Anne Road Pedestrian Bridge b. $1,597,000: Instructional Category (1) $1,400,000 (2) $ 197,000 SOL Incentive Program Athletic equipment o Ordinance to APPROPRIATE $80,000 from the fund balance of the General Fund to provide an interest-free loan to the Kempsville Volunteer Rescue Squad re ambulance replacement. Ordinances to APPROPRIATE FY 2002-2003 funds to the Department of Museums and Cultural Arts: a. $112,500 Grant re educational programs b. $ 31,000 Grant to the FY 2002-2003 re Stranding Program. $ 18,000 from the Francis Land House Board of Governors Trust Fund re Board supported programs. Ordinance to TRANSFER $13,593 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 operating budget of the Department of Finance re reimbursing the heirs of Melissa Jones. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager A resolution adopting the City's 2003 Community Legislative Agenda and requesting members of the City's local Delegation to the General Assembly to sponsor and/or support legislation that would carry out the goals and objectives set forth therein. MEETING DATE: November 5, 2002 Background: City Council has a tradition of presenting a Community Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with concerns of City Council on funding, enabling legislation, and other issues that are brought before the next Session of the General Assembly. Considerations: This agenda was prepared based on input from Councilmembers, Department Directors, and community leaders and representatives of various citizen groups. Public Information: Councilmember Wilson and staff held two public comment sessions with community leaders and representatives of various citizen groups to obtain items for input. The Agenda is also available on the City's Web site for review. Recommendations: It is recommended that City Council approve the attached resolution which adopts the 2003 Community Legislative Agenda and requests the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth therein. Attachments: Resolution Recommended Action: Adoption Submitting Department/Agency: James K. Spore, City Manager's Office City Manager: ~ I~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A RESOLUTION ADOPTING THE CITY'S 2003 COMMUNITY LEGISLATIVE AGENDA AND REQUESTING MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN. WHEREAS, City Council traditionally adopts a Conununity Legislative Agenda with the goals and objectives of the City and requests members of the City's local Delegation to the General Assembly sponsor and/or support legislation to carry out these goals and objectives; and WHEREAS, City Council has considered a number of goals and objectives for inclusion in the City's 2003 Community Legislative Agenda; and WHEREAS, for the first time in many years, a Charter Change has been submitted for inclusion in the Agenda as stand-alone measure made necessary by advertising requirements; and WHEREAS, a greatly expanded Safety Addendum Package that is not part of the formal Agenda, is included for consideration by the General Assembly Delegation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby adopts the City's 2003 Cormmunity Legislative Agenda, which is attached hereto as Exhibit A, and is hereby incorporated by reference; and BE IT FURTHER RESOLVED: That the City's local Delegation to the General Assembly are hereby requested to sponsor and/or support legislation in the 2003 Session of the General Assembly that would carry out the goals and objectives of the City as set forth in its Community Legislative Agenda; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a copy of this Resolution to each member of the City's local Delegation to the General Assembly. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, this day of , 2002. CA-8679 wmm/ordres/CLA 2003.res October 30, 2002 R2 APPROVED AS TO CONTENT: ~i~y Mana'ger's Office APPROVED AS TO LEGAL SUFFICIENCY: Cit-y Agt-e rney ' CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Appropriation of Virginia Beach Schools' Reversion Funds (FY 2002) MEETING DATE: November 5, 2002 Background: According to Code Section 22.1-100, any unexpended funds from the Schools' Operating Budget must be returned to the governing body. The Virginia Beach City Council has a long- standing practice of appropriating the Schools' Reversion funds to the Schools' Capita and Operating budgets for non-recurring items. On September 11 2002, the School Board was presented with a summary financial statement indicating a total of $18,290,278 of available unaudited reversion funds for fiscal year ending 2002. The Virginia Beach School Board adopted by resolution on June 25 and October 1, the allocation of funds for the projects identified below. This total funding is net of the $400,000 approved by City Council on July 9, 2002 to bridge the compensation package beginning July 1, 2002 for current teaching staff and $7,493,278 that the Board requests to retain in the fund balance of the General Fund for ClP projects to be determined at a later date. Utilization of $8,800,000 is requested for appropriation to the FY 2002-03 ClP Program. The remaining $1,597,000 is requested for one time cost associated with instructional materials for the SOL Incentive Program and activities for the Special Revenue Athletic Fund. $3,000,000 $2,OOO,OOO $3,200,000 $1,400,000 $ 400,000 $ 2oo,ooo - ClP #1.030, Telecommunication Infrastructure Replacement - telephones - CIP #1.196, Instructional Technology - ClP #1.011, Equipment and Vehicle Replacement -replacement of school buses, feet vehicles, copiers and risographs, bus video cameras and custodial equipment - SOL Incentive Funds (reappropriation to the OB -instructional materials) - ClP# 1.195, Student Data Management System - Special Education Modules - ClP# 1.023, Landstown High School/Princess Anne Road Pedestrian Bridge $ 197,000 -Special Revenue Athletic Fund o equipment $10,397,000 Total Considerations: The School Board has adopted by resolution the allocation of the above identified funds. Public Information: A Public Hearing Notice was placed in the Beacon on October 27, 2002. A Public Hearing will be held on November 5, 2002 for the amendment to the FY2002-03 Capital Improvement Budget. Alternatives: None Recommendations: Approval of attached ordinance Attachments: Ordinance and copy of School Board Resolutions Recommended Action: Approval of Ordinance Submitting Department/Agency: City of Virginia Beach Public Schools City Manager~~ ~ ~~ 1 2 3 4 5 6 7 8 9 10 1! AN ORDINANCE TO APPROPRIATE A TOTAL OF $10,397,000 IN FY 2001-02 VIRGINIA BEACH SCHOOL REVERSION FUNDS, WITH $8,800,000 APPROPRIATED TO VARIOUS SCHOOL PROJECTS IN THE FY 2002-03 CAPITAL BUDGET AND $1,597,000 APPROPRIATED TO THE INSTRUCTIONAL CATEGORY IN THE SCHOOL OPERATING FUND AND THE SCHOOL ATHLETIC SPECIAL REVENUE FUND IN THE FY 2002-03 OPERATING BUDGET 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, on September 11, 2002, the School Board was presented with a summary financial statement indicating that $18,290,278 in unexpended FY 2001-02 School Board appropriations is available to be re-appropriated by the City Council; WHEREAS, of this amount, $400,000 has been previously appropriated by the City Council and $17,890,278 has not been appropriated; WHEREAS, by resolutions dated June 25 and October 1, 2002, the School Board formally requested the City Council to approve the appropriation of $8,800,000 of school reversion funds to the City's FY 2002-03 Capital Budget and $1,597,000 to the School Operating Fund and the School Athletic Special Revenue Fund in the FY 2002-03 Operating Budget for one instructional materials for the SOL equipment; and time only costs for Incentive Program and WHEREAS, the School Board has requested that $7,493,278 remain in the General Fund for CIP projects that will be determined at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1o That $8,800,000 of Virginia Beach Public School Reversion funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the FY 2002-03 Capital Budget in the amounts and to the projects as set forth below: (a) $3,000,000 to CIP Infrastructure Replacement," for equipment; #1-030, "Telecommunication replacement of telephone 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 (b) $2,000,000 to CIP #1-196, "Instructional Technology," for the Instructional Technology Replacement Program; (c) $3,200,000 to CIP #1-011, "Equipment and Vehicle Replacement," for replacement of school buses, fleet vehicles, copiers and risographs, bus video camera and custodial equipment; (d) $400,000 to CIP #1-195, "Student Data Management System," for implementation of the Special Education Modules for SASI; (e) $200,000 to CIP #1-023, "Landstown High School/Princess Anne Road Pedestrian Bridge"; 2. That $1,400,000 of Virginia Beach Public School Reversion Funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the instructional category of the School Operating Fund in the FY 2002-03 Operating Budget for instructional materials for the SOL Incentive Program. 3. That $197,000 of Virginia Beach Public School Reversion Funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the School Athletic Special Revenue Fund in the FY 2002-03 Operating Budget for equipment. 4. That revenue in the FY 2002-03 Capital Budget is hereby increased by $8,800,000, and revenue in the FY 2002-03 Operating Budget is increased by $1,597,000. 61 62 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8676 Noncode/School Reversion Funds.ord.wpd October 25, 2002 R5 Approved as to Content: Approved as to Legal Sufficiency: City Attot~'r~ys O~ffice RGINIA BEACH C SCHOOL BOARD Danld D. Edward! Chaimen 0tsldct I - Cen~l~ 1513 a~ VA 8~, VA 2~64 4g~3~1 ~), 71?-0259 N-La~ 1337 H~s Ro~ VA B~ VA 2~52 4s~3~3 (h). 4;ree~ (w) B. K "N" ~l~h 41T8 ~ VA ~, ~A 2~57 721-3~2 ~) Ob~ 8 - B~ 721 HiI~D Road VA Be~, VA Nan~ D. Guy ~sl~ 5 - L~av~ 2445 H~ham CI~ VA ~. VA 2~ 4g~2~1 (h) Dan R. L~ 4817 R~ ~at VA B~, VA 2~ 4~3~1 ~ Le~ P~ell, 2~ ~hgbam VA Bea~, VA 2~ 42T-91~2 (h) 705 R~ Creek VA B~ VA Michael W. ~ 3 - R~e Hal 105 B~ VA gea~ VA 2~52 Jell M. Ob~ 2 - ~e~ile 4~ G~ VABea~ VA 2~62 ~24~ (h) ~af T. Tara At-~ 17~ L~ VABea~, VA 2~55 A H E A D O F RESOLUTION REGARII WHEREAS, On January 19, 20( review of the FY 00/01 Operating B~ 01/02 appropriated funds were availa WHEREAS, at the time of the m ITY PUBLIC SCHOOLS T H E C U R V E ING FY 2001/02 ESTIMATED REVERSION 2, the Adminisla'ation presented to the School Board a mid-year dget which indicated that approximately $10.7 million of FY ~le; and id-year review no recommendation was made regarding the uses of the FY 01/02 funds; and I~VHEREAS, the final state reven~ae numbers have beea received and the Average Daily Membership numbers reported to thelstate exceeded the estimates used for budgetary purposes; and WHEREAS, revised revenue ant reversion has increased to approxima WHEREAS, final figures for FY external audit, and WHEREAS, the City is anticipat policy the School Board must provi6 VVI-IEREAS~ the School Board's be $2,900,000, and WHEREAS, the administration ~ million be used .for the following puq · $ 2,000,000 to Fund 099 for the ] · $ 3,000,000 to CIP project 1.030 · $1,700,000 to CIP project 1.011 · $ 800,000 to C~ project 1.011 · $ 400,000 to CIP 1.195 for imf · $ 200,000 to CIP 1.023 for the Bridge · $ 5,000,000 reserved for undesig now, therefore, be it RESOLVED: That the Board aI funds as presented by the Administra RESOLVED: That the adminisl as soon as practicable, but no later th: RESOLVED: That a copy ofthil Adopted by the School Board SEAL L expenditure estimates as of May 31, 2002 indicate the :ely $16.4 million, and 2001/02 will be available subsequent to completion of the lng a shortfall in the Revenue Sharing Formula, and by City ~' 53.13% of any shortfall in these revenue streams, and share of the anticipated shortfall as of May 2002 is estimated to =commends the remaining anticipated reversion funds of $13.1 )OS es: nstmctional Technology replacement program for thc replacement of telephone equipment for the replacement of school buses for the replacement of other fleet vehicles lementation of the Special Education Module for SASI Landstown High School/Princess Anne Road Pedestrian aated CIP projects ,proves and affirms the recommended uses of the FY 2001/02 ion; and be it further "ation request these funds be appropriated by the City Council n September 30, 2002, and be it further resolution be spread across the official minutes of this Board. of the City of Virginia Beach thiS:2:5~; Do 2512 George Mason O~m VABea~, VA 23456 427-4326 Dianne P. Alexander, Clerk of the Board 2512 George Mason Drive · P.O. Box 6038 · Virginia Beach, VA ~23456-0038 IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edwards Chairman Dislricl 1 - Cenlerville 1513 Beachvlew Ddve VA Beech, VA 23464 495-3551 (h) · 717-0259 (cell) Nell L. Rose Vice Chairman Al-Large 1337 Harris Road VA Beach, VA 23452 463-3823 (h) · 497-6633 (w) Jane S. Brooks District 6- Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (h) Emma Lo "Em" Davis Distdct 5 - Lynnhaven 1125 Michaeiwood Orive VA Beach, VA 23452 340-8911 (h) A. James "Jim" DeBellls Disldct 2 - Kempsville 4545 Bob Jo~es Ortve VA Beach, VA 23462 467-2457 (h) Dan R. Lows District 4 - Bsyslde 4617 Red Coat Road VA Beach, VA 23455 490.3681 (h) Sandrs Smith-Jones At-Large 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303(hl · 445-4637 (w) Arthur T. Tato At-Large 170g Ladysmlth Mews VA Beach, VA 23455 460-5451 (h) Caroly~ O. Weams At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court RESOLUTION REGARDING FY 2002 REVERSION FUNDS WHEREAS, On September 11, 2002 the School Board was presented with a summary un- audited financial statement for FY 2001/02 realizing an additional $4.8 million in reversion funds; and WHEREAS, the additional funds are the result of $3.1 million in additional revenue and $1.7 million in expenditures savings; and WHEREAS~ the Administration recommends the following uses for the $4.8 million in reversion funds: $2,493,278 to be allocated subsequent to recommendations of the Board CIP Ad Hoc Committee · $1,400,000 for SOL Incentive Funds to be re-appropriated to the rOperati_n_g_Budget · $ 500,000 to CIP 1.011 Equipment and Vehicle Replacement for Copiers and Risog~aphs · $ 197,000 to the Athletic Fund Special Revenue Fund · $ 100,000 to CIP 1.011 for Bus Video Camera · $ 100,000 to CIP 1.011 for replacement of Custodial Equipment Now, therefore, be it RESOLVED: That the Board approves the recommended uses of the additional FY 01/02reversion funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 1 st day of October 2002. S E A L (t~an~eI D.-E~l~aards, Chairman - Attest: Dianne P. Alexander, Clerk of the Board VA Beach, VA 234S6 CERTIFIED TO BE A TRUE - .:. 233-0891 (w) ' SUPERINTENDENT VA Beach, VA 2~55 Ci~ of Virginia BeanE~~:;;~:::?· School Admlnist~tion ~ullding * 25)2 George H~on Drive , ED. Box 6038 * Virginia Beach, VA 23456-0038 CITY OF VIRGINIA BEA CH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Appropriate $80,000 from the Fund Balance of the General Fund for the Purpose of providing an interest-free loan to the Kempsville Volunteer Rescue Squad for the Purpose of a Replacement Ambulance MEETING DATE: November 5, 2002 Background: For nearly 30 years the City of Virginia Beach has financially assisted the volunteer rescue squads through several different programs. In addition to providing support for continuing expenses such as fuel, insurance and small monthly stipends to offset operating expenses, the City has provided no interest loans for the purchase of ambulances and squad trucks. The Kempsville Volunteer Rescue Squad is requesting a no interest loan in the amount of $80,000.00 for the purpose of replacing ambulance Unit # 921. High maintenance costs and decreased reliability have dictated their decision. Considerations: Kempsville Volunteer Rescue Squad would like to repay the loan over a 5 year period in equal installments of $16,000.00 per year beginning one year after the receipt of the loan. Under the loan program, the rescue squads repay the City on a regular timetable determined by the amount of the loan and their ability to repay through fund raising. Public Information: Public Information will be handled through the normal Council agenda process. Alternatives: The alternative to the no-interest City loan is the squad's acquisition of a commercial loan at a high interest rate. Recommendations: The Department of EMS fully supports this request. We deem the proposed terms acceptable and in line with other loans made from the Loans to Rescue Squads Program. Attachments: Correspondence from Kempsville Volunteer Rescue Squad Recommended Action: Approval Submitting Department/A~ency: Department of Emergency Medical Services City Manag "~.AData~ATY~Ordin\N O N COD E\kem~s~rf.w~d ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO APPROPRIATE $80,000 FROM THE FUND BALANCE OF THE GENERAL FUND FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE KEMPSVILLE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, the Kempsville Volunteer Rescue Squad does not presently have adequate funds to purchase a replacement ambulance but has represented that fund-raising efforts will provide sufficient funds to repay an $80,000 interest-free loan from the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $80,000 is hereby appropriated from fund balance in the General Fund for the purpose of making an interest-free loan to the Kempsville Volunteer Rescue Squad so it may replace an ambulance, with revenue increased accordingly. 2. That this loan shall be repaid in five (5) equal annual installments of $16,000 due on the 15th day of November each year, with the first payment to be made on or before November 15, 2003 and the last payment to be made on or before November 15, 2007. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. Requires an affirmative vote by a majority of the members of the City Council. CA-8675 noncode/kempsville loan.ord.wpd October 24, 2002 R2 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's p~fice ' CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Accept and Appropriate a $112,500 Grant from the Institute of Museum and Library Services to the Operating Budget of the Department of Museums and Cultural Arts for Educational Programs MEETING DATE: November 5, 2002 Background: The Virginia Marine Science Museum has been awarded a 2002 General Operating Support grant from the Institute of Museum and Library Services (IMLS) in the amount of $112,500 for the period of October 01,2002 to September 30, 2004. This IMLS grant will allow the Department of Museums and Cultural Arts to improve our distance education capabilities via the internet and new communications technologies, develop staff skills through professional development and improve the museum visitor's experience by additional staff training. It will also allow us to further our mission by developing partnerships with local and national organizations. Considerations: The IMLS grant spans two fiscal years. Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of City Council agenda. Alternatives: Do not accept the grant. Recommendations: Adopt Ordinance Attachments: Grant award letter and Ordinance. Recommended Action: Appropriation of Grant Funds. Submitting Department/Agency: Department of Museums And Cultural Arts City Manage~v¥~,',s3 ~, F:\Data~ATY~Ordin\NONCODE\museumsgrantarf.wpd 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $112,500 GRANT FROM THE INSTITUTE OF MUSEUM AND LIBRARY SERVICES TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS FOR EDUCATIONAL PROGRAMS 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Department of Museums and Cultural Arts has been awarded a $112,500 grant from the Institute of Museum and Library Services for educational programs, and no City match is required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $112,500 of grant revenue from the Institute of Museum and Library Services is hereby accepted and appropriated to the FY 2002-2003 operating budget of the Department of Museums and Cultural Arts for educational programs, with estimated revenue from the federal government increased accordingly. Accepted by the Council of the City of Virginia Beach, Virginia on the day of , 2002. 20 21 22 23 CA-8672 Ordin/noncode/museumsgrantord. wpd R-2 October 24, 2002 Approved as to Content: Approved as to Legal Sufficiency: Department o~ Law ' TM 0c~-23-2002 O~:$$an ;rom- T-131 P.005/005 F-376 Institute of Museum and Library Services Offiolal Award Notification for Grants and Cooperative Agmement~ Award# Name end Addmee Virginia Martne Science Museum 717 General Booth Bird Virginia Beach, VA 23451 Offlolal Contact Lynn Clements 7t 7 General Booth Blvd. Virginia Beach, VA 23451 Program Name General Operating Support Project Type 8cope of Work end/or 8peolel Conditions Date of Award August 29, 2002 Award Number lG.00-02-0356-02 For Amendments, Original Award Date Award Period From October 01,2002 To September 30, 2004 Award Amount $112,500 1. This grant shell be mdmlneterad by the Project Director in accordance with the applicable provisions of T~le 45 of the Code of Federal Regulations, Pert 1180, Including any amendments In effect on the date of this grant award. Special grant tern~ end conditions ere Incorporated as attachments to this document. 2, Unlearn otherwise noted In an attachment lc) this Grant Award Notification, ell expenditures for which the recipient has requeeteci pdor approval from IMLS on page, 6.11 of the General Operating Support Appllccatlon Grant Processing page ere approved. Recipients requMfing pdor approval of expenditures not Identified on page 6.11 when such approval il required, must do mo In writing to the IMLS, Associate Deputy Director for Museum Sarvlcae, 1100 Pennsylvania Avenue, NW Washington, DC '20508. 3, Grant funds will be distributed in two equal payments. The first payment will be approximately Novekmber 1, 2002. The lecond payment will be approximately Novermber 3, 2003. IML$ Authorizing Offlelel i Name and Title Mary Estella Kennelly Assor. Jate Deputy Director far Museum Servlce~ Oct-Z3-ZOOZ 03:54am From- T-I3I P.004/005 F-376 INSTITUTE 0fMUSEUM dn~ LIBRARY SERVICES September 24, 2002 M~. Lynn Cl~nents Virginia Marine Science Museum 717 General Booth Bird Virginia Beach, VA 23451 IG-00-02-03~6-02 Dear Ms. Clements; It gives me gr~t pleasure to notify you that your application has been selcctcd to receive a 2002 General Operating Support grant. This year We received 839 applications requesting more than $70 million. From those applications, 179 museums will receive funding totaling just over $15,50:~,000. The museums selected for funding were identified by reviewers to dcmonstrate excellence in muscum operations with the resources available. F. nclosed you will find a tetter from Mary Bstelle Kennelly, Associate Deputy Director for Museum Services, providing details about the terms and conditions of this award. Please review her letter and the enclosed forms and materials carefully aud follow the instructions they contain. I strongly encourage you to apply for our Learning Opportunities Grants next year. This is an interim program we are offering for 2003 m we complete the development of a new progr~n to replace GOS. in 2004. The deadline ['or applications is J'anuary 15, 2003. This program provides you a new funding opportunity to help meet your goals based on your own long range plan. It is structured to keep flexible funding available to meet the needs of museums of all sizes. Congratulations on your success in this year's General Operating Support program. I am delighted that the rn,titute of Museum and Library Services is able to provide support for your institution. Since'ely, Robert S. lV~rtin, Ph.D. Director A Fttltral ~Kency retying the ,~ubli¢ by ~t. rtngrbening mxsesm; ~ librarlet CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Accept and Appropriate a $31,000 Grant from the Virginia Department of Environmental Qualityto the FY 2002-2003 Operating Budget of the Department of Museums and Cultural Arts for the Operation of a Stranding Program MEETING DATE: November 5, 2002 Background: The Department of Museums and Cultural Arts was awarded a Virginia Coastal Resources Management Program Grant, from the National Oceanic and Atmospheric Administration through the Virginia Department of Environmental Quality in the amount of $31,000. The department will be required to match this award with $31,000 in indirect and in- kind costs of personnel and equipment. This grant will be used to maintain a statewide stranding response network including a volunteer stranding response team and other cooperating organizations. Virginia Marine Science Museum Stranding Team (VMSM-SP) staff, volunteers and cooperators respond to more than 200 marine mammal and sea turtle strandings occurring along the ocean coast, Eastern Shore and lower Chesapeake Bay each year. Stranding response includes carcass recovery, external and internal examination with photographs and/or video, human interaction analysis, stomach contents analysis, tissue sampling and dissemination, coordination of carcass disposal, and database management. Considerations: The Virginia Marine Science Museum Stranding Program is permitted by the National Marine Fisheries Service (NMFS), US Fish and Wildlife Service and the State to manage the marine mammal stranding network, as well as respond to sea turtle strandings in Virginia. The VMSM-SP maintains the state marine mammal stranding database and submits reports to National Marine Fisheries Services (NMFS) and other agencies. Sea turtle stranding data is stored in the VMSM-SP database and submitted to the National Marine Fisheries Service (NMFS) and the Virginia Institute of Marine Science (VIMS). Through these ways, information regarding the status of marine mammals and sea turtles in Virginia is presented to the agencies and individuals responsible for the conservation and management of natural resources. The VMSM-SP is also dedicated to educating the public. Their conservation message is presented at schools, to groups such as girl and boy scouts, to civic organizations and at conferences and special events. Public Information: Information will be disseminated to the public through the normal Council process involving the advertisement of City Council agenda. Alternatives: Do not accept grant. Recommendations: Appropriate grant funds. Attachments: Grant award letter and Ordinance. Recommended Action: Appropriation of Grant Funds. Submitting Department/,Agency: Department of Museums And Cultural Arts City Manage~~;u~ ~_ ,,~ ~ ~ F:\Data~ATY~OrdinWONCODEVn useumsevirqualarf, wpd 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $31,000 GRANT'FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CgLTURAL ARTS FOR THE OPERATION OF A STRANDING PROGRAM 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the Department of Museums and Cultural Arts has been awarded a $31,000 grant from the National Oceanic and Atmospheric Administration through the Virginia Department of Environmental Quality, and the grant has an in-kind match requirement, so no additional appropriation or transfer is needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $31,000 grant from the National Oceanic and Atmospheric Administration through the Virginia Department of Environmental Quality is hereby accepted and appropriated to the FY 2002-2003 operating budget of the Department of Museums and Cultural Arts for the operation of a stranding program, with estimated revenue from the federal government increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2002. CA-8673 Ordin/noncode/museums evirqualord, wpd R-2 October 24, 2002 Approved as to Content: Han-- ge rll Approved as to Legal Sufficiency: Department ~Law ' Oct-Z3-ZOOt 03:54~m Fro~- T-131 P.OOZ/O§5 F-3T6 W. Tmylo~ Murphy, 8~y of'N~urd TO: FROM: RE: COMMONWEALTH of VIRqlNIA DEPART~rT OF ENYIR ON~NTdL ~, UdLITY $~r~ addre,~: 629 East Main $~et, Richmond, Virginia 23219 ~alliag add~: P.O. Box 1~9, Richmond, Virsinia 23240 ~ (804) 698.4500 ~D (804) 698-4021 www,~aq.stA1e.v~.~ October 11, 2002 FY2002 Vlrgigla Coastal Program Grantees Laura B.<~y?--/Virglnl, Coastal Program Manager Phone: (804) 698-4323 Fax: (604) 698-4319 FY 2002 Coastal Program Award Notlfloatlon ' NOAA Grant # NA27OZ2366 Roben O, Bumley DimctDr (804)698-4000 1-800-592-~482 The Department of Environmental Quality has received approval for the 2002 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NOAA). 'We are pleased to.notify you that your proposal has been approved for funding for the period shown on your enclosed contract. We look forward to working with you In the coming year. You will find ~e following in this contract package: · Contract signature documents · Contract Attachments A, B, C, D, & E ' · ~ Progress and Financial reporting forms - Reports on progress and requests for financial reimbursement will be processed on a semiannual basis. If another payment schedule is needed, please contact your Coastal Program Project Manager. Please sea Attachment B to your oontract for details.. To fully exeoute your contract, please oomplete the following Steps: 1) Sign both odgina[s of the one page contract document marked with colored tabs.. I have already signed the originals. 2) Sign the one page Attachment E ("Certifications regarding... ") This Is also marked with a colored tab. 3) Return one of the original signed contracts and the original signed Attachment E Diane Barns - Coastal Program Department of Environmental Quality 629 E. Main Street Richmond, VA 23219 4) Keep the remaining signed contract with the attachments for your files. Thank you for your dose attention to these details. (Please see back.) 0ct-H-Z00Z 03:54am From- T-131 P.003/005 F-~?6 O~nW NA17OZ2385 Ta.k $1 VIRGINIA COASTAl, RESOURCES MANAGEMENT PROGRAM GRxwr COSTRACT Thil erreemmt is made tl~ I~f di~ 9f O~l;wr ~2, by mid betw~ lhe Virsiah Department of Environn~ntal · Quslit7 (h~ei,,~r referred to as tJ~ "D~x~an~*) sad th~ Omnt~e (listed below). The parties to this esteemS, ia comideratton of;he nmtu~l covenam and stipulations set out horeia, e~ee as follows: SCOPE OF WORICJ The C~rantee aha11 carry out ;ho project as set forth in Attachment A. PMrr, cr PElUOD: Tho project shill comm~n~ on tl~ Project Staff Date, nd shall Mrminate no hUr than the Project Fad Date. Tho ~antoo's closeou~ period ends on tho Ft~ Pmd~ct m3d Billin~ DaM. l'~se d~tos L,e specked below: Project Sm't Date: O~tober 1. 2~02 Final Product ~d Billl~ Date: Net~mb#r 15, 2003 Pr. oJec~ ~.fld Date: Se~rmb~' $0,20~$ Period of performance (months): ~e~e PAYMi:m: Tile Depaff2nmt shall pry the Cu-on~e o~ a' reimburlemen~ basis, not m exceed ~Jze Federal Funding Total shown below fez b project The s,,td su~ M~eg~ wilh g~: n~:htn~ ttmds pmvidcd u set forth in At~clanent A; shall include all expe~as of thc project Payme~ _~ll be made upon submi#ian of invoices and/or other eppropris2 docurnc~tatlon of proiram expendilm'es, and pretzels mpoi~ aug their eccep~lce by g~e Dep~mlenL ~uch invoices and repor~ shall be submit~d withia l~ day~ of e~h reportin~ peri.od e:xl and ~ b~ detailed ia accordance wih~ Aiiachracnt A Io show what lasks have been completed ~d to compare the time of complelion with lhe proposed time of completion. Fede:al ~ Total: ~1,0~0 Federal CoasM1 Zone ~ Act Section: Settle# $~ REI'OaTING SCH~ULB (*-for Secffffm 306A projec~ only): Reonrt ]~ Period *30~A ' lit S~l-aunuel Oct 01, ~}~.-Mar 31, 20~ 2nd Semi-annual Apr 01, 2003-Sep 3~ 2003 Closeout Period Oct 01, 2003-Nov IS, 2003 Nov 0J, 2002 Apr IS, 2OO3 ' Oet 15, 20~ ~qo~ IS, 2002 3o6A Doeumen .t~ion Form ~,'B FmmA, B Forms B, C, remelntn8 deliverables C0~TV.~cr DocuMENTS: The Conuact dooun~nts droll consist of: 1) This siSMd form; 2) The Scope of Work (Attachmm A); 3) VA Couisl P.~o~ l~mgem~t Pm~am Or~ Connict Te~ms M~d Conditions (Attachm~at B); 4) U.S. Dept, ofCo~mrce Fiasncisl Asrlmn~e Sttmdtrd Terms sad Condilions (Atl~hmsnt C); $) NOAA T~d tnd Conditions (Attm:hna~ D); ~ 6) Si~d CD-$12: U,S, Dept of C~...~rce Certification (At~c~ B). I~J~T~ENCE OV TmLMm In th~ ~vea~ of e cosfltot between or smonf mrmw in gte docummts included in thif c~am~, tho followit~ d~cumenW c~tml in tho followin~ order: Aam~uuents D, C, 13, B, thi~ ~if~d ~, ted &ttsolunutt ,6.. ~'antor: ~rantee: 14urn B. Mcl~y, Msaai~ Coastal bsources Msna~mnont ~o~ , ~ Dare :L~nn ). ,C,l. ements~ Director ~p~d aame and title I0 /~,,t/0~''' Date CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Appropriate $18,000 From the Fund Balance of the Francis Land House Board of Governors Trust Fund to the FY 2002-2003 Operating Budget of the Department of Museums and Cultural Activities to Provide Support for Board Supported Programs MEETING DATE: November 5, 2002 Background: The Francis Land House Board of Governors is a City Council appointed body that advises the Francis Land House staff on mission, goals, policy, programs and exhibits. The Board of Governors also supports the programs, exhibits and activities of the institution through solicitations of cash donations from corporations, civic organizations and individuals, which are maintained by the City of Virginia Beach in the Francis Land House Board of Governors Trust Fund. There is a current balance of approximately $19,000 of unappropriated monies in the Trust Fund. Considerations: The Francis Land House Board of Governors requests an appropriation of monies in the Trust Fund for FY2002/2003 for the purpose of providing support for programs and events, obtaining professional services for planning and development, and the purchase of furnishings and artifacts for exhibit. Appropriated funds will be specifically used for supplies, materials, and manpower to present special educational programs in school classrooms and for other Board supported programs ($3,000); to contract for professional services for planning and development projects ($8,000); and to purchase furnishings and historically appropriate artifacts for public exhibit ($7,000). Public Information: Information will be disseminated to the public through the normal Council process involving the advertisement of City Council agenda. Alternatives: Not appropriate funds. Recommendations: Adoption of attached ordinance Attachments: Ordinance Recommended Action: Adoption Submitting Department//~g.ency: Department of Museums and Cultural Activities City Manager~~P~h0 [~---, ~~V)~ tkJ F:\Data~,TY~Ordin\NONCODE\flboardarf.w pd 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE $18,000 FROM THE FUND BALANCE OF THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO FUND VARIOUS PROGRAMS WHEREAS, $18,000 of fund balance is available in the Francis Land House Board of Governors Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $18,000 is hereby appropriated from the fund balance of the Francis Land House Board of Governors Trust Fund to the FY 2002-2003 operating budget of the Department of Museums and Cultural Arts to provide support for educational programs, development activities and exhibits, with estimated revenues increased accordingly. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2002. 19 20 21 22 CA-8674 Ordin/noncode/flboardord. wpd R-2 October 24, 2002 Approved as to Content: Management Servi'~ Approved as to Legal Sufficiency: ~e~partment of CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Transfer $13,593 from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 Operating Budget of the Department of Finance for the Purpose of Reimbursing the Heirs of Melissa Jones MEETING DATE: November 5, 2002 Background: The proposed ordinance refunds money unclaimed after land was sold to pay delinquent real estate taxes. After two parcels of real property were sold in 1994 and 1995, the heirs of Melissa Jones were entitled to, but never claimed, $10,679.32 in sale proceeds. After going unclaimed for two years, Virginia Code § 58.1-3967 provides that unclaimed funds from property tax sales be paid into the local treasury. In this case, these funds were paid to the City Treasurer in late 1997. The family did not appear or make any claim to these funds until the summer of 2002. Considerations: Virginia law provides that the City Council may, by ordinance, refund unclaimed funds from the sale of property for taxes to the persons entitled to them. The family of Melissa Jones has now filed a list of heirs with the Circuit Court Clerk demonstrating their entitlement to these funds, and they have signed an agreement with the City governing terms of the proposed refund. The proposed ordinance refunds the entire amount originally due to the family, with interest. Recommendation: Approval Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney's Office City Manager~d¥,~Z~ ~_`. ~~ '~,,_)F:\Data~ATY~Ordin\N ON CO D E\Melissa Jones.refund.arf.wpd 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, in the matters of City of Virginia Beach v. Melissa Jones, et al, CH93-2143 and CH94-745, real estate in which Melissa Jones, deceased, possessed a half interest was sold, pursuant to a court order, to satisfy delinquent real estate taxes; WHEREAS, after the sales and payment of the taxes, ten thousand, six hundred seventy nine dollars and thirty two cents ($10,679.32) in proceeds from the sales ("surplus funds") were paid into the Circuit Court of the City of Virginia Beach in 1995 for the benefit of Melissa Jones or her heirs; WHEREAS, no heirs of Melissa Jones appeared to claim these surplus funds, and after remaining unclaimed for over two years, the surplus funds, along with interest thereon, were paid into the City treasury, pursuant to court orders; WHEREAS, the heirs have now appeared, presented a list of heirs filed with the Clerk of the Circuit Court and requested payment of these surplus funds; WHEREAS, with the addition of interest, the total amount of surplus funds has grown to thirteen thousand, five hundred and ninety three dollars ($13,593); WHEREAS, the heirs have agreed that the payment of this amount, in equal portions to each heir, shall fully satisfy their claim to the surplus funds, and the heirs have further agreed to indemnify the City of Virginia Beach and hold it harmless against any claim to these surplus funds made by any heir, any unknown heir or any other person with any interest in the estate of Melissa Jones; and 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, to repay the surplus funds to the heirs, City Council must approve this action, pursuant to Virginia Code § 58.1- 3967, and funds must be transferred from the FY 2002 General Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby authorizes the repayment of thirteen thousand, five hundred ninety three dollars ($13,593.00) to the heirs of Melissa Jones, which represents surplus funds (with interest thereon} received by the City of Virginia Beach in the matters of City of Virginia Beach v. Melissa Jones, et al, CH93-2143 and CH94-745, subject to the terms of the agreement between the City and the heirs. 2. That $13,593 is hereby transferred from the FY 2002 General Fund Reserve for Contingencies to the FY 2002 operating budget of the Department of Finance to repay the heirs of Melissa Jones the surplus funds described in the preceding paragraph. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8641 DATA/ORDIN/NONCODE/surplusreimburse.ord R4 October 30, 2002 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: APPOINTMENTS PARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT