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HomeMy WebLinkAboutAPRIL 8, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HAP, RYE DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN, Rose Hall -Dtstrtct 3 RICHARD A MADDOX,, Beach -Dtstrtct 6 JIM REEVE, Princess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, City Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES SMITH, lVllvlC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 8 April 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I. CITY MANAGER'S BRIEFINGS -Conference Room - 2:00 PM A, Bo CITIZEN SURVEY RESULTS Catheryn Whitesell, Director, Department of Management Services Nancy Glassman, President, Continental Research RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003-2004 City's Proposed Operating Budget - "Community For a Lifetime" 1. Economic Vitality 2. Cultural and Recreational Opportumties II. REVIEW OF AGENDA ITEMS m. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00 PM Ao Bo CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION D. CERTIFICATION OF CLOSED SESSION V. CITY COUNCIL INFORMAL DISCUSSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend David Householder Providence Friends Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS Apnl 1, 2003 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY - Caf6 Franchise Agreements J. PUBLIC COMMENT 1. RED LIGHT PHOTOGRAPHY SURVEILLANCE K. ORDINANCES/RESOLUTION o Resolution DECLARING Citizen's Appreciation Day to be observed on Wednesdays dunng the 2003 Resort Season and establishing a program to allow parking without charge m certain City lots in the Resort Area on Wednesdays. 2. Ordinances re Open Air Caf6s: o . o o . go REVISE regulations on scope of ~mprovements on city property and operation re permitted landscaping, waiter service windows, entertmnment hours, dispensing of alcohol and solicitation of any type bo GRANT new Franchise Agreements: 1. Atlantic Bistro - 2. Baja Cantina - 910 Atlantic Avenue 206 23rd Street Co RENEW Franchise Agreements 1. Angelo's by the Sea - . 3. 4. 5. 6. 7. a. Boardwalk Caf6 b. Connector Park Caf6 Fish Bones Restaurant - Guadalaara's - Latitudes and Attitudes - Rockfish Boardwalk Bar And Sea Grill - Seaside Galley - Waterman's Caf6 - 2809 Atlantic Avenue 1211 Atlantic Avenue 200 21st Street 2101 Atlantic Avenue 1601 Atlantic Avenue 1401 Atlantic Avenue 415 Atlantic Avenue Ordinance to APPROPRIATE $81,630 from the Virginia Marine Science Museum Foundation to the FY 2002-03 Department of Cultural Arts operating budget re the VMSM Stranding Program. Ordinance to ACCEPT and APPROPRIATE $2,075,000 in State and Federal Funds to mandated programs administered by the Department of Social Services re adoption assistance for special needs families, child care subsidies for eligible families and maintenance payments for foster children. Ordinance to TRANSFER $2,300,000 from the Instructional Category of the FY 2002-03 School Operating Budget to the Transportation Category for purchase of buses prior to May First. Ordinance to RATIFY amendments to the By-Laws of the Community Services Board (CSB) re committee structure. AUTHORIZE the City Manager to advise the lender, TowneBank, re 31st Street: a. The City intends to complete Laskin Road Gateway bo The City extends its commitment NOT to promote a hotel at Rudee Loop until the opening of the 31 st Street hotel on or about June 30, 2005 L. PLANNING lo RECONSIDERATION: Application of LYNNDUNES, INC. for a Change Of Zontng from B-4 (SD) Resort Commercial with a Shore Drive Corridor Overlay to A-24 Apartment with a PD-H 2 Overlay on the south side of Page Avenue west of Jade Street (3232 Page Avenue), containing 38,986 square feet. (DISTRICT 5 - LYNNHAVEN) Demed: Recommendation: January 14, 2003 APPROVAL . Petition for a Variance to Sectton 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for BAY REFLECTIONS BUILDING, LLC on the east side of Watersedge Drive north of Kline Drive, containing 5.10 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL . Petition for a Variance to Sectton 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the reqmrements of the C~ty Zomng Ordinance (CZO) for JOSEPH and CORRINE BENEDETTO, at 4183 White Acres Road, contalmng 17.13 acres. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL . Petition for a Variance to Sectton 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for SHORE VENTURES, LLC, at Cullen Road and Independence Boulevard. (DISTRICT 4 - BAYSIDE) Recommendation: APPROVAL . Application of CATHOLIC DIOCESE OF RICHMOND for a MODIFICATION of the discontinuance, closure and abandonment of a portion of Arctic Crescent, by reducing the area from 7,405.20 to 2,304 square feet. (DISTRICT 1 - BEACH) Approved by Council: Recommendation: July 9, 2002 APPROVAL . Application of ROBERT K. and LANG X. BELL for a MODIFICATION of Proffer No. _1 of a Conditional Zoning re the site plan for additional entrances to the site at 6041 Indian R~ver Road. (DISTRICT 1 - CENTERVILLE) Approved by Ctty Council: Recommendation: July 2, 2002 APPROVAL . Apphcat~on of OSCAR L. EVERETT, III for a MODIFICATION of Condition No. 1 of the Use Permit re a freestanding s~gn for the car wash at 2530 Lynnhaven Parkway, contaimng 3.124 acres. (DISTRICT 1 - CENTERVILLE) Approved by C~ty Council; Recommendation: April 10, 2001 APPROVAL Mo . Application of ST. NICHOLAS CATHOLIC CHURCH for a Condtttonal Use Permtt re a wall mounted columbanum at 712 Little Neck Road, containing 11.959 acres. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL . Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Condtttonal Use Permtt re church expansion at 2708 Princess Anne Road, containing 6.33 acres. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL APPOINTMENTS PARKS AND RECREATION COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 2003 Time Apnl 8 April 15 Apn122 April 24 April 24 April 29 May 1 May 1 May 6 May 13 3 00 pm to 6 00pm 2.00 pm to 5'00 pm 6 00 pm 2 00 to 5 00 pm 6 00 pm 6 00 pm Resource Management Schedule Economic V~tahty and Cultural and Recreational Opportunities RMP Workshop Quahty Education and Lifelong Learning RMP Workshop Quality Organlzat~on RMP Workshop Safe Community RMP Workshop Pubhc Hearing - Proposed FY 2003-04 Resort Management Planmng - Kellam H~gh School - 6 00 P M Quahty Physical Environment Family and Youth opportunities RMP Workshop Public Hearing -Proposed FY Resort Management Planning - City Council Chamber - 6 00 P M Reconciliation Workshop City Council ADOPTION FY 2003-04 Resort Management Plan C~ty Councd, in trying to be more responsive to the needs of c~tizens who attend the meetings, has adopted the following t~me hm~ts for future Formal Sessions: Apphcant or Applicant's Representative 10 Minutes Attorney or Representative for Opposition 10 M~nutes Other Speakers - each 3 Minutes Apphcant's Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. Agenda 04/08/03 st v~'w vbgov corn If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) OUR #1~'~°~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 Aprd 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re CITIZEN SURVEY RESULTS tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, Aprtl 8, 2003, at 2 O0 P.M. Councd Members Present Harry E Diezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W. Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Absent Rosemary Wtlson [ENTERED 2 I O P M ] -2- C I T Y MA N A G E R 'S BRIEFING CITIZEN SURVEY RES UL TS 2:00 P.M. ITEM # 51006 Mayor Oberndorf tntroduced Catheryn Whttesell, Dtrector of Management Servtces, who, tn turn, recogmzed Nanct Glassman, Prestdent, and Jeanmne Perry, Semor Project Dtrector -Conttnental Research Assoctates The Citizens Survey ts conducted to present a "benchmark"for ctttzen sattsfactton wtth the Ctty's servtces Continental Research has conducted the last four (4) surveys for the Ctty, as well as a vartety of other research stnce the 1970's Continental Research has conducted surveys for York County, Hampton, Wdhamsburg, Norfolk, Chesapeake and Rtchmond, among others Ms Glassman revtewed the Methodology for the Survey of Citizens The survey was conducted by telephone tn February 2003 &mtlar studtes were conducted tn 1994, 1995, 1996, 1998 and 2000 the 2000 questtonnatre was reviewed, updated and then fully pretested by sentor staff Households were randomly selected Professtonal tn-house tntervtewers made a mtntmal of stx (6) attempts to contact each restdent Telephone calls were conducted 5 30 to 9. 30 P M (Sunday - Thursday) over a pertod of twenty-seven (2 7) days Intervtews, on an average, were fifieen (15) mmutes each tn duratton The maximum margin of error was denoted at +_ 4.4%. However, the majortty of data has an error of only +_ 2% Relattve the profile of respondents, 76.8% owned their residence and23.2% rented with 71.4% living in single-family homes The me&an age of head-of-household was 45.4years and the medial income was $55,151. 64.2% work in Virginia Beach or from home with 38.8% holding a 4-year college degree. 43.2% have minor children in the household. Percent Who Agree V~rgama Beach ~s a Good Place to I_ave 100.0% - 90.0% - 80.0% - 70.0% - 60.0% - 50.0% - 40.0% - 30.0% - 20.0% - 10.0% - 0.O% 93.6% 94.0% 95.6% 95.2% 96.2% 96.6% 1994 1995 1996 1998 2000 2003 Aprtl 8, 2003 -3- C I T Y MA N A G E R 'S BRIEFING CITIZEN S UR VE Y RES UL TS ITEM # 51006 (Continued) A "T" test ts utthzed to determtne stattsttcal stgmficance When two means are stgntficantly dtfferent, thts denotes the differences are real as opposed to betng 'Just by chance" More people thmk Virginia Beach is a "Good Place to Live" today compared to 2000 Everyone wants to hve tn a safe communtty 95.6% beheve "Virginia Beach is a Safe Place to Live" 96.4% of those surveyed beheve "My Neighborhood is a Safe Place to Live". Accordtng to the recent Citizen Satisfaction Survey, nine (9) out often (10) Virginia Beach residents are satisfied with City services 91.4% of residents are satisfied with the courtesy of City Members and 91.2% are satisfied with the overall workperformance of Members The Ctty strtves to achteve at least 80%for restdent sattsfactton rattngs Nineteen of the 31 services (and characteristics) received higher than 80% and 15 of those scored at 90% or above The 10 highest rated services for satisfaction are: --}Fmc Department 99 % -}Parks 95 8% -}Pubhc L~branes 95 6% -}Opporturaues for volunteensm 95.2% -}Appearance of C~ty Bmldmgs/Facthues 94.8% -} Paramechc and Rescue Squad Services 98 % -}The 911 Emergency Phone Center 95 7% -}Recreauon Centers/Programs/Classes 95 6% -}Pohce Services 95 % -} Museums and Cultural Arts acuvmes 94 2% Overall Satisfaction with City Services 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 93.0% 94.8% 94.6% 94.8% 91.6% 93.2% 1994 1995 1996 1998 2000 2003 Aprtl 8, 2003 -4- C I T Y M A N,4 G E R 'S BRIEFING CITIZEN SURVEY RES UL TS ITEM # 51006 (Continued) In the report, anecdotal informatton was tncluded relative the reasons ctttzens are dtssattsfied wtth certatn servtces In many cases, the views were not based on first-hand expertence Relattve sattsfactton wtth the "Flow of Traffic" at 39.2%, Ms Glassman beheves some of the dtssattsfactton stems from the recent pubhctty of the failed Road Referendum The category, Planning and Construction of new City Roads, (Percent satisfied: 49.4%) was reworded, the words "Planning and" were tnserted Based on the Ctty's "T" test, the Ctty's communtcatton wtth restdents dtd have a stgntficant tncrease (Percent satisfied: 79.2%) Charts were also deptcted concermng utdtzatton of servtces wtthtn the past twelve (12) months Most surveys encompass "300" cittzens, as a sample stze Continental Research uttltzes a survey encompasstng 500 ctttzens to have the capactty to break the data out t e &fferent age groups, one portton of the city as compared to anotherportton of the Ctty Informatton shall be provtded relative services where a stgntficant decrease of satisfaction occurred The data concermng registered and non-registered voters ts segmented after the completion of the survey Market research must be very careful relattve protecting the respondents 'privacy Vtrgtnta Beach compares very favorably to many other ctttes The City should be proud A newer ctty, whtch does not have the problems of an older ctty will rank htgher on many attrtbutes. Relattve racial and ethnic breakdowns Ms Perry, advtsed the breakdown ts tndtcated on Page 29 of the report 77.6% Caucasian 13.4% African-American 4. 4 % Asian/Pacific Isle~Filipino 3.2% Hispanic 1.2 % Native American 0.2 % Other categories The Ctty Manager advtsed the Ctty's growth rate ts approxtmately 6/10 of l %. Ms Glassman advtsed the goal ts to have 80% of the people satisfied, which allows for the 20% "cranky factor". Mayor Oberndorf expressed apprectatton and advtsed the survey was very reassurtng Aprtl 8, 2003 -5- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget- "Community for a Lifetime" 2:45 P.M. ITEM # 51007 Catheryn Whttesell, Dtrector of Management Servtces, advtsed the Workshops are destgned to provtde Ctty Counctl members an opportuntty to speak dtrectly wtth the Department Dtrectors and pose questions relattve tssues Economic Vitality section of the Resource Management Plan encompasses: Agriculture, Convention and Visitor Development, Economic Development and Housing and Neighborhood Preservation. Economic Vitality $55,324,879 Total Budget 31 83% Federally Funded 28 73%funded through the Tourtsm Adverttstng Program (TAP), Agrtcultural Reserve Program (ARP), Tax Increment Ftnanctng (TIF), Town Center Spectal Service Dtstrtct (SSD) and the Parking Enterprise Fund 20.80%funded through Tourism Growth and Investment Fund (TGIF) 18.64%funded through the General Fund 181.23 Full Time Employees (FTE), 1.64 growth over FY 2002-03 Includes the Cigarette Tax Increase adopted January 2003. Mayor Oberndorf referenced her attendance on Saturday, Aprtl 5, 2003, at the Black &Whtte Ball, the fund raiser to benefit the SPCA. Bruce Rader was the Master of Ceremonies for the Celebrity and Pet Fashion Show Mr. Rader remarked that the Ctty of Vtrgtnta Beach dtd not contrtbute to the SPCA Ms Whttesell advtsed the Ctty contrtbutes $30, O00 per year Many years ago, wtth the adoptton of tncreases tn ammal control fees and a cat hcenstngfee, the Ctty agreed to donate up to $30,000 a year to the SPCA A letter wtll be written to the SPCA and Mr. Rader correcttng thts error A GRICUL TURE Wtlham J Whttney, Director of Agriculture, advised' The Mission of the Department of Agriculture ts to provtde leadershtp, coordtnatton and educatton to enhance the economtc vttahty of the Ctty's agricultural industry and the preservation and enhancement of tts quahty physical environment, to assist ctttzens tn strengthening thetr famthes and to provtde citizens and visitors with cultural and recreattonal opportunities by preservtng our agricultural and rural herttage Fun&ng ts chrected toward 77 21% -Agrtcultural Preserve Program (APR), 15 50% - Personnel, and, 7 29% Operattons The Farmers Market, Vtrgtnta Cooperattve Extenston Servtce and Vtrgtnta DARE Sod and Water Conservatton Dtstrtct are housed wtthtn the Department of Agrtculture The Budget encompasses $4,94 7, 497 and $196,203 tn non-approprtated state funds Aprtl 8, 2003 -6- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003- 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51007 (Continued) Current Services Development Rtghts purchase over 6,300 acres through the ARP Program (towards the goal of 20, 000 acres and anttctpate reachtng thts goal tn 15 years) 100% Occupancy of Farmers Market Productivity Enhancements More than $650,000 saved through Volunteer servtces (Masters Gardners Program -215 Master Gardners generated over 1 I, 000 hours of volunteer work, No 1 tn the Commonwealth of Vtrgtnta) Habitat Enhancement Committee (HEC) funded Environmental projects Trends State Funding conttnues to be a concern, whtch ts prtmartly tn the Co-operattve Extenston Program Communtty interest tn satelhte Farmers Market Comprehenstve Plan update to address Rural Urea Preservatton Stattsttcs tn&cate there are now over 80% more Farmers Markets extsttng tn the Untted States Thts Summer a program wtll be launched entttled "Farmers Market Road Show" There ts a healthy group of farmers tnterested tn parttctpattng tn thts project Thts wtll not tnvolve an tncrease tn the Operattng Budget Rural Urea Preservatton ts a growtng tssue of concern wtth tnterest tn the communtttes and region Two weeks ago, the Vtrgtnta Beach Agrtculture Department parttctpated tn a Jotnt Workshop wtth thetr counterparts tn Chesapeake One of the prtmary concerns was the tssue of Rural Area Preservation The department has been worktng through the Agricultural Advtsory Commtsston wtth the Planntng Department to present a more detatled and responstve component of the Comprehenstve Plan deahng wtth the tmportant tssue of Rural Preservation Over 90% of theparttctpants tn the 4H programs are not from the rural areas, but from the enttre regton Last year, Agrtculture contrtbuted $52-MILLION to the local economy The Farmers Market has extsted at its current locatton for twenty-seven (27)years It moved from tts prevtous locatton on Dtamond Sprtngs Road The Satelhte Farmers Market would not be a substttutton, but a companton to the extsttng Farmer's Market Mr Whttney wtll have to research the number of farm workers, as some workers do come from out of the country Other than seasonal workers, tnformatton relattve the number of people employed in the farmtng mdustry shall be provtded There are fewer farms, but the land acreage stays approxtmately the same Below the Green Ltne, there ts approxtmately 42,000 acres of agrtcultural zonedproperty 22, 000 acres are sttll tn acttve culttvatton Over and above thts acreage, there arepasture lands, stlver culture and vegetable crops which equate to approxtmately 27,000 acres There are more spectahty type operattons Dtverstficatton ts very tmportant and the tra&ttonal row crop frammg ts betng done by fewer people The acreage rematns the same Aprtl 8, 2003 -7- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget- "Community for a Lifetime" ITEM # 5100 7 (Continued) Mr Whttney advtsed a survey was conducted of approxtmately twenty (20)farmers Ftve or stx have tndtcated a strong commttment to parttctpate tn the Farmer's Market Road Show The farmers wtll be tnvtted to asstst tn the planmng of thts show relattve locattons, ttmes and days of the week CONVENTION AND VISITOR DEVELOPMENT James B Rtcketts, Dtrector, Conventton and Vtsttor Development, advtsed The Mission of the Department of Convention and Visitor Development ts to facthtate the creatton and enhancement of conventton, tourtsm, spectal events programs and resort-related tmprovements tn order to maxtmtze tax revenues The Departmental Budget for Convention and Visitor Development is slightly over $27,692,994. The Tourism Growth Investment Fund (TGIF) and the Tourism Advertising Program represent 68 8% of the Budget The TGIF and TAP fund represented a 5 6% growth over FY 2002-03 Both of these funds are dedtcated prtmartly to Tourtsm related taxes There has been a 4. 64% tncrease in Full Ttme Employees (FTE's) 3 FTE 's to support the new Convention Center, 1 FTE for tourtsm sales and 64 FTE from part-ttme to full-ttme converston Current Services Tourism Marketing and Promotton Conventton Sales and Servtces Conventton Center Operattons ProJect Coordtnatton of Resort Area CIP ProJects Resort parktng Operattons Productivity Enhancements Increase Coordtnatton of Volunteer Recruttment Effort Deployed a Comprehensive Computer apphcatton used to manage and book Conventton Facthty and Tourtsm Shows New Services and Service Reductions Departmental Reorganization to emphastze new markets for the new Conventton Center Ehmtnatton of Oceanfront Entertainment Program New postttons for new Conventton Center Trends Increased Demand for Onhne Travel Planmng Increased Out-of-Town Vtsttors to the Ctty Letsure Travel ts forecast to tncrease Aprtl 8, 2003 -8- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 5100 7 (Continued) The staff wall asstgn an tnchvtdual Co-ordtnator for Volunteer recruttment The entertatnment on the stde streets ts the Beach Street Program and that ts funded through the TGIF and fully tntact The Oceanfront Entertatnment program ts bastcally the ongotngfree datly entertatnment tn the parks, at the Legends Walk and the fireworks The Oceanfront Entertainment program tssue has, hopefully, been resolved Thts program was $145,000 short An ordtnance dedtcates 1/2% hotel tax to the Special Events Program Thts fun&ng amounts to shghtly over $91,000 On July 1, 2003, these funds wtll be apphed to the defictt for the general entertatnment program $9,000 wtll also be provtded from the Tourtsm Adverttstng Fund for a total of $100, O00 Thts wtll take the Special Events Program through the Summer season and the Fall to be comparable to last year's program The fun&ng coming tn ts ahead of proJections There should be close to $50,000 available next Fall for a total of $150,000 Thus, the funding will be avadable to operate the General Entertatnment Program next fiscal year. The one dollarper Room Tax for January increased 32% The Travel Assoctatton of Amertca has projected there wdl be a 2% tncrease tn vacatton travel for thts year It wtll probably be 2005 or 2006 before the tourtsm mdustryfully recovers Final Thoughts Success of Strategic Plan for Tourtsm Industry rehes on conststent allocatton of resources to value-productng compettttve methods FY 2003-04 Budget begins to ahgn resources to reahze competttive advantage, espectally tn technology, product development and workforce development The number of total events tn the new Conventton Center are projected to be ttppled over the old facdtty. Relative the Wright Brothers, Outer Banks event, the State's program, because of lack of fun&ng, was cancelled Mr Rtcketts will contact the Co-or&nator for thts event to determine this City 'S involvement Informatton shall be provtded relattve the number of years, the 24tn Street Stage/roof/dressing and storage areas rebuilt facility wtll endure and be more weather reststant Relattve the Net Dtrect Revenue Chart on Page 2-10 of the Conventton and Visttor Development Revenue Operating Budget, a chart deptcttng increases tn expendttures was created to reflect the net revenue A chart shall also be furnished deptcttng the projected revenues and expendttures as a result of the new Conventton Center ECONOMIC DEVELOPMENT Mayor Oberndorf tntroduced Donald Maxwell, Dtrector of Economic Development. Mayor Oberndorf advised Governor Mark R Warner today announced that Cendant Corporation, New York Ctty, a leachng provtder of travel and restdenttal real estate services, wtll relocate tts Car Rental Group's Shared Servtces Center to the Ctty of Vtrgtnta Beach, creattng 187 new jobs(equating to average salaries of $52,1OO plus benefits) for Virginians. Governor Warner met wtth Cendant offictals at the company's corporate headquarters during hts economic development marketing mtsston to New York Ctty thts week In 2002, Cendant brought l OO jobs to Vtrgtnta Beach when tt opened its new human resources call center, The Answer Place The new Shared Servtces Center will be located tn the recently-acqmred and refurbtshed Avts Butlchng located at 300 Centre Potnt Drive Vtrgtnta successfully competed with New Jersey, Ilhnots and Flortda for the $1.6-MILLIONinvestment The Vtrgtnta Economtc Development Partnershtp and the Ctty's Department of Economtc Development asststed Cendant wtth its dectston Aprtl 8, 2003 -9- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget- "Community for a Lifetime" ITEM t4 51007 (Continued) Mr Maxwell expressed appreciation to the Mayor, Ctty Counctl, the Development Authortty and the Counctl Ltatsons Vtce Mayor Jones and Counctl Lady Eure. The Governor just made thts press announcement tn New York City at 3 O0 P M today, Aprtl 8, 2003 Mr Maxwell advtsed The Mission of the Department of Economic Development ts to develop, tmplement and matntatn programs that factlttate the creatton ora chverstfied, continually expandmg, dynamic economy through the development of and tnvestment tn new, targeted businesses and the enhancement of extsttng busmesses by creating quahtyjobs, htgher wages and low tax rates, as well as encouragtng retentton and expanston acttvtttes to enhance the overall qualtty of llfe tn Vlrgtnta Beach The Operating Budget for Economic Development is $1,854,333. The prtmary resource ts 1/2¢ dedtcatton from the cigarette tax $50, O00 from this will be dechcated to the long term maintenance of the ,'lmphttheatre There ts approximately a $31,000 increase tn internal service charges (risk management and information technoIog)9 $I, 772,486funding is provided for Town Center This ts derived from the Tax Increment Ftnanctng (TIF) Dtstrtct topayfor the new constructed garage facility and the office tower at Town Center Ftfty Cents (50¢) on the spectal servtce rate whtch ts for enhanced matntenance on the block matntatntng the garage, sweeptng streets, pressure washtng stdewalks, general landscaptng, etc Sixty (60%) percent or over SI-MILLION of the Economtc Development Department fundtng of $1,854,333, ts for Personnel and Frtnge Benefits, wtth the rematnder for operattons There ts approxtmately $350, O00 for the markettng acttvtttes for the year Current Services Marketing to attract Targeted Bustnesses Asststtng extsttng bustness for retentton and expanston Workforce development Support for the Vtrgtnta Beach Development ,'luthortty Productivity Enhancements Partnered wtth Ttdewater Commumty College (TCC) and Schools for Workforce Development Enhanced Matertals on Webstte Altgned industry targets of Hampton Roads Economtc Development Alltance (HREDA) with those of Vtrgtnta Beach New Services Defense Contractor Summtt tn October Enhanced Travel Schedule Revtew of Retatl Trade/Coordtnate Study Aprtl 8, 2003 -10- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51007 (Continued) Trends Future Job Growth tn Computers, Math and Health Care More than 90% of U S ctttes are currently expertenctng a decltne tn Business Attracttons/Expanstons and dob Creation Increased Global Competition Mr. Maxwell advised co-ordinating wtth Paul Harrts, Management Services, relattve purchastngpower and amount of salartes received, which appear to be low, but do not include retirement Mr Harris ts also worktng with Lyle Sumek, Factlttator, and the tnformatton should be recetved next week Final Thoughts Economtc Development Investment Program (EDIP) fundtng Dtmtntshtng Vacant Land/Redevelopment Pohcy Emphasts on Strategtc Approach Regtonal Markettng Hampton Roads Economic Development Alhance (HREDA) Cynthta Whttebred-Spanouhs - Strategy and Performance Co-Ordtnator, chstrtbuted correspondence and a per captta compartson of Hampton Roads Cities Budget Expenditures for Economic Development In January, the Economtc Vttaltty Strategtc Issue Team brtefed Ctty Counctl on a vartety of economtc vttaltty issues tncludtng retatl development. At that ttme, the Ctty Counctl constdered thts ttem to be of great tmportance and the Department of Management Servtces dedtcated $150,000 towards the completton ora comprehenstve retatl studyfrom the Capttal lmprovements Program fund for Economtc and Tourtsm Studtes A "Scope ofServtces" ts currently being completed for the study that ts planned to be released durtng the month of Aprtl The selectton process ts esttmated to be completed no later than July l't and the actual comptlatton of the study wtll take approximately stx (6) months Economtc Development hopes to have a Draft of the study to the Ctty Counctl in December 2003 HOUSING AND NEIGHBORHOOD PRESERVATION Andrew M Frtedman, Dtrector- Housing and Neighborhood Preservation advtsed The Mission of the Department of Housing and Neighborhood Preservation ts to preserve and enhance the quahty and hvabthty of the City's housing and neighborhoods to matntatn the value of the real estate tax base, and to promote the economic vttahty of the Ctty Housing and Neighborhood Preservation's Budget consists of $19,141,986 91% ts dertved from the Federal Government There are 66 Full Ttme Employees (FTEs) This stgntfies a decrease of one (1), who was transferred to the Informatton Technology Department 74% of the funds are dtstrtbuted to tndtvtduals on behalf of rent, repatrtng thetr homes or dtrectly to non-profit organtzattons who serve the ctttzens Only 22% ts actually uttltzed for departmental operattons April 8, 2003 -11- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51007 (Continued) Current Services Code Enforcement - next year, 40, 000 tnspecttons are projected Ftnanctal Asststance to Home Owners, Preventtng Homelessness and Rental Asststance Netghborhood Servtces- tncludtng Netghborhood Leadershtp Course, Youth programs tn the Summer provide servtces to approxtmately 3, O00 youth annually, as well as an adult computer tratmng program (Partnered wtth local businesses and the Ctty's Informatton Technology) Nattonal grants are recetved t e Gates Foundation, to asstst tn conducttng thts program Productivity Enhancements Code Enforcement Database and Houstng Chotce Voucher Database *Many servtces provided through contracts and non-profits Home Repatr and Rehab by Prtvate Contractors New Services Houstng Stock Survey Netghborhood Improvement projects Trends Increased Local Usage of Housing Chotce Vouchers Agtng Houstng Stock * Volunteers are betng utthzed to asstst with Code Enforcement and other problems tnvolvtng stgns tn the rtght-of-ways and recreattonal vehtcles Partnerships asstst tn creattng value for the ctttzens t e Restde wtth Prtde, Patnt Your Heart Out (worked wtth Counctlman Wood and others tn securtng mvolvement of the Rotary Club) Final Thoughts Conttnued Management of the Ctty's Agtng Housing Stock Netghborhood Revttahzatton Strategy Federal Pohcy Issues For FY2003-04, tt ts esttmated there wtll be an addtttona13 50 families parttctpattng tn the Housing Choice Voucher Program (Section 8 Housing) This will bring the city-wide number to about 1,700families Section 8 are not actually units The units do not actually exist but change as people choose houses to rent Thus, the housing ts totallyprtvate landlords andprtvate choice The units have topass an annual inspection and everyone ehgtble for the program must go through criminal record check If the participant ts tn the Ctty 's program, they are notprovtded asststance or able to lease an apartment unttl a criminal record check has been performed There are apartment bmldtngs which have recetved thetr own substdy dtrect from HUD and tt ts thetr responstbihty to have the tenants screened and manage the untts If these are Sectton 8 Houstng, then the Ctty must perform the crtmtnal checks Aprtl 8, 2003 - 12- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003 - 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51007 (Continued) Mr. Frtedman advtsed the Neighborhood Information System can provtde data relattve changes tn assessment overpertods of ttme The Department also has tnformatton relattve each census block group Mr Frtedman advtsed the data will be uttltzed to revtew the htghest needs and opportuntttes tn whtch to focus the resources Mr. Frtedman advtsed the data shah be provtded to Ctty Counctl Relattve Section 8, approxtmately 23% of the households are headed by dtsabled and 12% by elderly tndtvtduals. Thus, many tnvolved tn theprogram havepermanent fxed tncomes Relattveparttctpants tn Section 8, the total move-tns to Vtrgtnta Beach are far less than 1/I0 of l % Section 8 ts not a stgntficant factor tn attracting tndtvtduals to the Ctty The total stze of the program represents only 1% of the total housing units in the City. Relattve deterioratton of Rose Hall, this area was not targeted for enforcement The Code Inspectors go where the need ts the greatest Council Lady Eure referenced many complatnts tn her Dtstrtct relattve Section 8 houstng Counctl Lady McClanan expressed concern relative Section 8 housing tn her chstrtct and the number t~rental housing untts sectton 8 Houstng Dtvtston coordtnates and facthtates the vartous Sectton 8 rental substdy programs, tncludtng Family Self Sufficiency, Portability, Project Based HUD Mortgage converston and spectal allocations for spectal groups such as the handtcapped/dtsabled Mr Frtedman dtstrtbuted hts correspondence of Aprtl 13, 2001, relattve the Section 8 Housing Program. CULTURAL AND RECREATIONAL OPPORTUNITIES Ms Whitesell advtsed the Cultural and Recreational Opportunities area conststs of the Departments of Museums and Cultural Arts and Parks and Recreation Total Budget ts $33,891,705. 53.19% is funded through fees and 44.16% through the General Fund The Dtvtston conststs of 740. 79 Full Time Employees (FTE's) (15) FTE Growth over FY 200-023, 412 79 Part-ttme Employees (FTEs and 328 Full-Ttme Employees) Of the $62 9-MILLION over the Capttal Improvement Program, 82 25% or $5] 75-mtlhon ts for Replacement and Renewal MUSEUM AND CULTURAL AR TS Lynn Clements, Dtrector, Museum and Cultural Arts, advtsed The Mission of the Department of Museums and Cultural Arts ts to develop a cultural envtronment tn Vtrgtnta Beach that encourages publtc tnvolvement tn the arts, sctences and htstory. The Operating Budget ts comprised of $7,170,079. Thts ts a 4.4% decrease from FY2002-03 There are 132.35 Full Time Employees (FTEs) Thts ts a 1.23 decrease due to reduced part-ttme The l/'trgtnta Martne Sctence Museum has a spectal revenue account, whereby, the revenue earned tn admtsstons, membershtp sales and museum storeprovtdes 88% of the Museum's annual operattng costs Unfortunately, the State grant has not been provtded as tn the past etght to ten years Thts General Assembly closed wtth all non-state agenctes not funded $500,000 ts expended on costs of goods for the Museum Store and last year, $1 I-MILLION was grossed Aprtl 8, 2003 - 13- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003- 2004 City's Proposed Operating Budget - "Community for a Lifetime" ITEM # 51007 (Continued) Current Services Operattons of the Vtrgtnta Martne Sctence Museum for over 590, 000 visitors Support for Vtrgtnta Beach Arts and Humantttes Commtsston Vtrgtnta Beach Htstortc Houses and Preservatton Productivity Enhancements $11Z 500 Federal Grant Fundtngfor FY 2003-04 Vtrgtnta Martne Sctence Museum IMAX Commerctal Ftlm Intttattve SI-MILLION saved through volunteers New Services and Service Reductions Expanston of Vtrgtma Martne Sctence Museum Parking Vtrgtnta Beach Arts and Humantttes Commtsston to award 55 grants, 4 more than FY 2002-03 Dtsconttnue operatton of Adam Thoroughgood House Trends FY 2002-03 Ytrgtnta Marine Sctence Museum Revenues are up almost Worldwtde IMAX Attendance dechne Increased interest tn cultural organtzattons Aging infrastructure Ms Clements referenced a $535,000 maintenance contract on a complex 3-D IMAX Projector However, IMAX grossed $950,000 last year Re chsconttnutng operatton of the Thoroughgood House, thts ts the worst case scenarto, Ms Clements sttll has fatth the Thoroughgood House, whtch ts owned by a bequeath to the Ctty of Norfolk, can still be operated by the Ctty All of the pumps tn the Phase II expanston have fatled and requtred replacement Thts entatled a cost of $70,000 An addtttonal $43,000 was necessary to expend for repairs to the seal aquartum $75,000 has been allocated wtthtn the Operattng Budget to asstst wtth conttnutng matntenance needs. Final Thoughts Strategtc Intttattves to tmprove Vtrginta Marine Sctence Museum Attendance Agtng tnfrastructure, equtpment and butldtngs Performing Arts Theatre April 8, 2003 - 14- RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003- 2004 City's Proposed Operating Budget -"Com m unity for a Lifetime" ITEM # 51007 (Continued) Membershtp has been tncreased 20% The Exhtbtts are twenty (20) years oM and the Vtrgtnta Martne Sctence Foundatton ts commttted to worktng wtth the Ctty to revttahze the exhtbtts There wtll be addtttonal new ammals tn the back of the matn butldtng. Emtly Spurtll wtll be worktng as ProJect Manager re the Performtng Arts Theatre. Relattve the expansion of the Museum, Ms Clements advised the Department has been meettng wtth an Archttect to renovate the matn buildtng exhtbtts Thts should asstst wtth the revenue stream to go ahead and expand A bustness plan wtil be conducted tn the Fall wtth the College of Wtlham and Mary Completton ts esttmated tn December Thts plan should provtde chrectton for the future Two Prescott Grants, totaling $180,000, have been recetved for Stranding, whtch asststs wtth the operatton The lease for the current location of the Strandmgfacthty does not exptre unttl May 2006 Museums would hke to relocate thts building and wtll probably be requesttng asststance wtth thts relocatton next year Relattve the Thoroughgood House, the Ctty Manager advtsed he had conferred wtth the Ctty of Norfolk relattve the posstble gifting of the House to Virginia Beach and also regarding a long term lease If arrangements cannot be made by the end of June, the Operatmg Budget contemplates operation of the Thoroughgood House could not conttnue Stnce the City of Vtrgtnta Beach has assumed operations, the attendance has been trtpled Investments need to be made tn thts property Ms Clements advtsed a Volunteer program commenced on July Ftrst Twelve (12) docents have been tramed and are presently conducttng acttvtttes at the Thoroughgood House Relattve the namtng rtghts of the IMAX Theatre, Ms Clements advtsed one more payment rematns on the gtft from the Fox Family Channel When thts exptres, another opportuntty wtil be revtewed However, the Fox Famtly Channel wtil have first rtght of refusal Concermng the Performtng Arts Theatre, Steven Thompson, Chtef Ftnanctal Officer, advtsed he had conferred wtth the School Board relative the jotnt use Essenttally, the project ts "on hold" The Mayor advtsed she, the Vtce Mayor, the Ctty Manager met wtth Chatrman Edwards, Vtce Chatrman Rose and Dr Jenney, Supertntendent- Virgtnta Beach Ctty Schools Schools adwsed there ts no fun&ngfor thts project Vtce Mayor Jones satd the commtttee for the Performing Arts Theatre should not be appotnted unttl the opttons and charge are apparent Mr Thompson advtsed there ts a tentative dollar amount and a process forpaytngfor the Theatre However, the issue unresolved ts the site There are negotiations undergoing relattve the parcel of land on which the Theatre will be located Originally, the Theatre was to be located on Block 9 at Town Center Block 11 was revtewed Block 7 became more attracttve Currently the Ctty ts constdertng Block 7, but there ts also another block which wtll work well Wtth a proposal comtng forward, the Theatre may be movtng out of Town Center, however, Ctty Counctl chrected the Theatre be located tn Town Center Mr Thompson envtstoned the Theatre Commtttee betng stmtlar to the Convention Center Steering Committee and wtth the addttton ora fund ratstng Commtttee The seattng area wtil be approxtmately 1200 seats There ts a concept plan reflecttng the program needs A cap of $35-MILLION tn Ctty fundmg for the project has been sttpulated wtth an educattonal component Two alternattves wtll be presented to Ctty Counctl relattve locatton Councd Members Schmtdt and Wood are Ltatsons to the Performtng Arts Theatre They wtll confer wtth Ctty staff to determine the cost and advtse the School system to formulate the detatls of thetr proposal AprtI 8, 2003 - 15- AGENDA RE VIEW SESSION 5:15 P.M. ITEM # 51008 The Ctty Manager requested the Aprt115, 2003, Ctty Counctl Workshop commence at 2:00 P.M. rather than 3:00 P.M., as regularly scheduled Skidmore Ownings & Merrill LLP (SOM) wtll present a status report and Turner Constructton will detatl the Constructton Management process relattve the Conventton Center Thts wtll be followed by the Quahty Educatton and L~fetong Learmng Resource Management Plan Workshop ITEM # 51009 The Ctty Clerk referenced a correctton to the Ctty Councd Agenda PUBLIC COMMENT RED LIGHT PHOTO ENFORCEMENT PIIOTOGRAPIIY 5L52 VEILLANC£ ITEM # 51010 K1 Resolutton DECLARING Citizen's Appreciation Day to be observed on Wednesdays durtng the 2003 Resort Season and estabhshtng a program to allow parktng without charge tn certatn Ctty lots tn the Resort Area on Wednesdays. Counctlman Maddox advtsed thts parking wtthout charge entails the followtng parktng lots 4'n Street, 18tn Street, 19th Street, 2Y~ Street and 31~ Street Parking Lots Theparktng meters are not tnvolved Wednesday was ptcked because of the addtttonal parktng capacity $1 O0 unlimtted rtdershtp wtll be avatlable 7 days a week on the HRT Wave This will entail a cost of $35,000 Thts day will entail the leastfiscal impact ITEM # 51011 K 20rdtnances re Open Atr Cafds a. REVISE regulattons on scope of tmprovements on ctty property and operatton re permttted landscaptng, watter servtce wtndows, entertainment hours, chspenstng of alcohol and sohcttatton of any type b GRANTnew Franchise Agreements 1 Atlanttc Btstro 2 Baja Canttna - 910 Atlanttc Avenue - 206 23rd Street c RENEWFranchtse Agreements 1 Angelo's by the Sea a Boardwalk Cafd b Connector Park Cafd 2 Ftsh Bones Restaurant 3 Guadalaara's 4 Latitudes and Attttudes 5 RockfishBoardwalkBar And Sea Grdl 6 Seastde Galley 7 Waterman's Cafd 2809 Atlanttc Avenue 1211 Atlanttc Avenue 200 21st Street 2101 Atlanttc Avenue 1601 Atlantic Avenue 1401 Atlanttc Avenue 415 Atlanttc Avenue Aprtl 8, 2003 -16- AGENDA RE VIEW SESSION ITEM # 51011 )Continued) The Ctty Attorney dtstributed a REVISED Or&nance re Open Atr Cafd' regulations re improvements on ctty property and operatton re permttted landscaptng, watter servtce wtndows, entertainment hours, dlspensmg of alcohol and sohcttatton of any type (Item 2 a) The City staff dld not wish to mandate a (5) foot plantmg bed, therefore, the wor&ng has been changed to "not less than 5feet, nor more than lO feet" Councd Members Wdson and Eure expressed concern relattve Section 2c "No bar(s) or &spensmg of alcohol wall be allowed wtthm any Category A, B, C or D cafd' "Alcohol must be &spensed to be consumed Thts wor&ng shall be clarified ITEM # 51012 K3 Ordtnance to APPROPRIATE $81,630from the Vtrglma Martne Science Museum Foundation to the FY 2002-03 Department of Cultural Arts operating budget re the VMSM Stranding Program Ms Clements advised the cost reflects the fringe benefits of hlrtng two full-tlme eqmvalent positrons The Foundation, through the Grant, wdl cover the total cost of employing these m&vtduals ITEM # 51013 B Y CONSENSUS, the following shall compose the CONSENT AGENDA: K1 Resolutton DECLARING Citizen's Appreciation Day to be observed on Wednesdays during the 2003 Resort Season and estabhshtng a program to allow parking without charge tn certain Ctty lots tn the Resort Area on Wednesdays. K 20rdmances re Open Atr Cafds b GRANT new Franchtse Agreements 1 Atlanttc Btstro - 910 Atlanttc Avenue 2 Baja Canttna - 206 23ra Street c RENEWFranchtse Agreements 1 Angelo's by the Sea a Boardwalk Cafd b Connector Park Cafd 2 Ftsh Bones Restaurant 3 Guadalaara's 4 Latitudes and Attttudes 5 RockfishBoardwalkBar And Sea Grtll 6 Seastde Galley 7 Waterman's Cafd 2809 Atlanttc Avenue 1211 Atlanttc Avenue 200 21't Street 2101 Atlanttc Avenue 1601 Atlanttc Avenue 1401 Atlanttc Avenue 415 Atlanttc Avenue Aprtl 8, 2003 -17- AGENDA RE VIE W SESSION ITEM # 51013 (Continued) K.3 K4 K5 K6 K7 Or&nance to APPROPRIATE $81,630from the Virginia Marine Sctence Museum Foundation to the FY 2002-03 Department of Cultural Arts operating budget re the VMSM Stranding Program Ordtnance to A CCEPT and APPR OPRIA TE $2,0 75, 000 tn State and Federal Funds to mandated programs admtmstered by the Department of Soctal Servtces re adoptton asststance for spectal needs famthes, chdd care substdtes for ehgtble famthes and maintenance payments for foster chddren Ordtnance to TRANSFER $2,300,000 from the Instructtonal Category of the FY 2002-03 School Operatmg Budget to the Transportation Category for purchase of buses prtor to May Ftrst Ordtnance to RATIFY amendments to the By-Laws of the Communtty Servtces Board (CSB) re commtttee structure AUTHORIZE the Ctty Manager to advtse the lender, TowneBank, re 31~ Street: a The Ctty tntends to complete Laskin Road Gateway The Ctty extends tts commitment NOT to promote a hotel at Rudee Loop unttl the opening of the 31st Street hotel on or about June 30, 2005 Counctl Lady Wtlson will ABSTAIN on Item K 7 (31~ StreeO as her husband ts a prtnctpal tn the accounting firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company has provtded accounttng and tax servtces related to the proposal before Ctty Counctl The Ctty Attorney has advtsed that she ts requtred to chsclose any personal tnterest as tt meets the crtterta ora personal tnterest tn the transactton under the Confltct of Interests Act and ts chsqualtofied from parttctpattng tn thts transactton Counctl Lady Wtlson's letter of Aprt124, 2001, ts hereby made a part of the record. Aprtl 8, 2003 - 18- AGENDA RE VIE W SESSION ITEM # 51014 L4 Petttton for a Variance to Sectton 4 4 (3) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zomng Ordtnance (CZO) for SHORE VENTURES, LL C, at Cullen Road and lndependen ce Boulevard (DISTRICT 4- BA YSIDE Vtce Mayor Jones referenced correspondence expresstng concerns Vtce Mayor Jones beheves these concerns have been sattsfied, but suggested dtscusston tn Formal Sesston, tf there ts opposition tn attendance ITEM # 51015 L5 Apphcatton of CA THOLIC DIOCESE OF RICHMOND for a MODIFICATION of the dtsconttnuance, closure and abandonment ora portton of Arcttc Crescent, by reducmg the area from 7, 405 20 to 2, 304 square feet (DISTRICT 1 - BEA CH) Counctl Lady Eure requested the con&tton be sttpulated that the apphcatton be developed tn accordance with the rendertng ITEM # 51016 L 9 Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Con&ttonal Use Permtt re church expanston at 2708 Prtncess Anne Road, contatntng 633 acres (DISTRICT 7- PRINCESS ANNE) Counctl Lady McClanan referenced the concerns of Hattte M Setzer, owner of a five-acre parcel of land, adJacent to the Courthouse Commumty Methodtst Church Councilman Reeve advised thts ttem should be &scussed tn Formal Sesston to allow Ms Setzer to register her concerns ITEM # 51017 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA L3 Petttton for a Variance to Sectton 4 4 (3) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zoning Ordmance (CZO) for JOSEPH and CORRJNE BENEDETTO, at 4183 Whtte Acres Road, contatntng 17 13 acres (DISTRICT 4 - BA YSIDE) L5 Apphcatton of CA THOLIC DIOCESE OF RICHMOND for a MODIFICATION of the chsconttnuance, closure and abandonment ora portton of Arctic Crescent, by reductng the area from 7,405 20 to 2,304 square feet (DISTRICT 1 - BEACH) Aprtl 8, 2003 - 19- AGENDA RE VIEW SESSION ITEM # 51017 (Continued) L6 L7 L8 Apphcation of ROBERT K. and LANG X. BELL for a MODIFICATION of Proffer No 1 of a Conchttonal Zomng re the stte planfor addtttonal entrances to the stte at 6041 Inchan Rtver Road (DISTRICT 1 - CENTER VILLE) Apphcatton of OSCAR L. EVERETT, III for a MODIFICATION of Condttton No lof the Use Permtt re a Lfreestanchng sign_for the car wash at 2530 Lynnhaven Parkway, contatntng 3 124 acres (DISTRICT 1 - CENTER VILLE) Apphcatton of ST. NICHOLAS CATHOLIC CHURCH for a Conchttonal Use Permtt re a wall mounted columbartum at 712 Ltttle Neck Road, contatntng 11 959 acres (DISTRICT 5 - L YNNHA VElV') Aprtl 8, 2003 - 20 - CITY COUNCIL COMMENTS 5:35 P.M. ITEM # 51018 Councdman Vdlanueva requested City Council schedule a Joint Meeting with the School Board for tnformal chscusston maybe at the Tournament Players Club (TDC) prtor to the ADOPT[ON of the FY2003- 2004 Resource Management Plan B Y CONSENSUS, each member of Ctty Council shall submtt three (3) suggested dates for thts Jotnt Meetmg to Councilman Vtllanueva and that the selected dates be prtor to May 13, 2003 Councilman Vtllanueva wtll submtt the proposed dates to the Ctty Clerk The Ctty Attorney advtsed public and press notice, attendance and minutes of the Joint Meeting would be required. ITEM # 51019 Counctlman Wood referenced a deptctton of dtfferent surf signs proposed Surfing Access for Everyone, a group comprtsed of the over 40 age group of surfers, approached Counctlman Wood Basically, they wtsh the Ctty's surfing regulattons be revtsed to be eastly understood by the pubhc The extsttng stgns are confusmg Surfing Access for Everyone has coor&nated wtth Phil Roehrs, Pubhc Works - Beach Management, relattve 'frtendher" stgns indtcattng the regulattons ITEM # 51020 Counctlman Reeve dtstrtbuted, for revtew, correspondence and a DRAFT Resolutton for the creatton ora commtsston to study and make recommendattons on real estate tax relief for senior citizens Councilman Reeve will be submttttng thts Resolutton to Ctty Counctlfor adoptton durtng a Formal Sesston tn early May Aprtl 8, 2003 - 21 - FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL April 8, 2003 6:13 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, Aprtl 8, 2003, at 6 13 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Council Members Absent' None INVOCATION Reverend David Householder Provtdence Frtends Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Aprtl 8, 2003 Item V-F. 1. - 22 - MINUTES ITEM # 51021 Upon motzon by Counczlman Schmtdt, seconded by Counctlman Reeve, C~ty Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 1, 2003. Voting 11-0 Counctl Members Voting Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf J~m Reeve, Peter W Schm~dt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 8, 2003 - 23 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM it 51022 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION Aprtl 8, 2003 - 24 - Item V-J. 1. PUBLIC HEARING ITEM # 51023 Mayor Oberndorf DECLARED ,4 PUBLIC HEARING LEASE OF CITY PROPERTY- Cafd Franchise Agreements There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING Aprzl 8, 2003 - 25 - Item V-J.2. PUBLIC HEARING ITEM # 51024 Mayor Oberndorf DECL4RED A PUBLIC HEARING RED LIGHT PHOTO ENFORCEMENT The followtng regtstered to speak Ellen Burhngane, 2261 Laurel Cove Drtve, Phone 412-4543, spoke relattve her only chtld, Rebecca Burhngane and her best frtend, Juha Hanes, were kdled the day after Thanksgtvtng when a vehicle ran a "red hght" and slammed full speed tnto thetr vehtcle There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING Aprtl 8, 2003 Item V-K. - 26- ORDINANCES/RES OL UTION ITEM # 51025 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Council APPROVED IN ONE MOTION Items 2 b/c, 3, 4, 5 and 6 of the CONSENT AGENDA Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L. Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Council Members Absent None Aprtl 8, 2003 Item V-K. 1. -27- ORDINANCES/RES OL UTION ITEM # 51026 Barbara Messner, Post Office Box 514, Phone, 422-1902, suggested Citizen's Apprectatton Day be on a Saturday or Sunday and &splayed a proposed sketch of 31st Street Park Brtan Ktrwtn, Dtrector- Vtrgtnta Beach Counctl of Ctvtc Orgamzattons 304 Trtple Creek Court, Phone 463-0399, expressed apprectatton for the Resolutton Matt Falvey, President - Virgtnla Beach Restaurant Assoclatton, Phone 717-1002, spoke tn SUPPORT of the Resolutton Upon motton by Counctlman Maddox, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED: Resolution DECLARING Citizen's Appreciation Day to be observed on Wednesdays during the 2003 Resort Season and estabhshtng a program to allow parking without charge tn certatn Ctty lots tn the Resort Area on Wednesdays. Voting 11-0 Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Council Members Absent None Aprtl 8, 2003 Requested by Councilmember Richard A. Maddox A RESOLUTION DECLARING CITIZENS' APPRECIATION DAY TO BE OBSERVED ON WEDNESDAYS DURING THE 2003 RESORT SEASON AND ESTABLISHING A PILOT PROGRAM TO ALLOW RESIDENTS OF THE CITY TO PARK WITHOUT CHARGE IN CERTAIN CITY PARKING LOTS IN THE RESORT AREA ON SUCH DAYS LO L1 L2 L3 [4 [5 L6 L8 ~0 22 ~4 WHEREAS, the City of Virginia Beach is blessed with many assets, including a mild climate, inviting beaches and a lively and entertaining Resort Area; and WHEREAS, the City Council is of the opinion that the citizens who make Virginia Beach their home are the greatest asset of the City; and WHEREAS, the City Council desires to show its sincere appreciation for those citizens by establishing a pilot program to allow free parking in City surface parking lots in the Resort Area during the 2003 Resort Season; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That every Wednesday, commencing on the first Wednesday following the date of adoption of this Resolution and continuing through September 2003, is hereby declared to be Citizens' Appreciation Day. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 That in observance of Citizens' Appreciation Day, the City Manager is hereby authorized and directed to order that, commencing on the first Wednesday following the date of adoption of this Resolution and continuing through September 2003, residents of the City of Virginia Beach shall not be charged a fee for parking in the 4th Street, 18th Street, 19th Street, 25th Street and 31st Street parking lots on Wednesdays during the time such lots are open, including, where applicable, until 2:00 a.m. the following day. ' BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the City Manager is further directed, as soon as practicable after the conclusion of the pilot program, to eva'luate the costs and benefits of such program and report thereon to the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of April , 2003. Approved as to Legal Sufficiency: City Attorney CA-8824 wmm\ordres\citizensappdayres.wpd April 2, 2003 R-1 - 28- Item V-K.2. a. ORDINANCES/RES OL UTION ITEM # 5102 7 Matt Falvey, Prestdent- Vtrgtnta Beach Restaurant Assoctatton, Phone 717-1002, spoke tn SUPPORT of the Resolution and requested hours not be extended for pubhc performances on stages Upon motton by Vtce Mayor Jones, seconded by Councd Lady Wtlson, Ctty Counctl DEFERRED until the City Council Session of April 22, 2003, to allow for amendments. Ordtnances re Open Atr Cafds a. REVISE regulattons on scope of tmprovements on cay property and operatton repermttted landscaptng, watter servtce wtndows, entertainment hours, dtspenstng of alcohol and sohcttatton of any type Voting 11-0 (By ConsenO Councd Members Vottng Aye. Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None Aprd 8, 2003 Item V-K.2/b/c. - 29- ORDINANCES/RES OL UTIONS ITEM # 51028 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd ADOPTED: Ordmances re Open Atr Cafds b GRANT new Franchtse Agreements 1 Atlanttc Btstro - 2 Baja Cantina - 910 Atlanttc Avenue 206 23re Street c RENEWFranchtse Agreements 1 Angelo's by the Sea - a Boardwalk Cafd b ConnectorParkCaf~ 2 Ftsh Bones Restaurant 3 Guadalaara's - 4 Latttudes and Attttudes - 5 RockfishBoardwalkBar And Sea Grill - 6 Seastde Galley - 7 Waterman's Caf~ - 2809 Atlanttc Avenue 1211 Atlanttc Avenue 200 21st Street 2101 Atlanttc Avenue 1601 Atlanttc Avenue 1401 Atlantic Avenue 415 Atlantic Avenue Vottng 1 I-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A. Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None Aprd 8, 2003 AN ORDINANCE TO GRANT TWO NEW FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the following corporations/companies (hereinafter "Grantees") have requested a franchise for the operation of an open air caf~ at the oceanfront: 1. Atlantic Bistro (910 Atlantic Avenue) Atlantic Avenue sidewalk cafe; and 2. Baja Cantina (206 23r~ Street) Atlantic Avenue side street. WHEREAS, the City has developed a franchise agreement for the regulation of open air cafes that each of the above-listed Grantees will be required to execute as a condition of the grant of this franchise. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to each of the above-listed Grantees to operate an open air caf~ at the address indicated herein from May 1, 2003, to April 30, 2004, conditioned on each Grantee's execution of a franchise agreement and compliance with all of the terms and conditions thereof. 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a one year franchise agreement with each Grantee. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of April , 2003. CA-8819 ORDiN\NONCODE\openairneword.wpd R-2 - March 27, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 AN ORDINANCE TO RENEW EIGHT EXISTING FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA WHEREAS, the following corporations/companies (hereinafter "Grantees") wish to renew existing franchise agreements for the operation of open air caf6s at the oceanfront: 1. Angelo's by the Sea (2809 Atlantic Avenue) boardwalk caf6; 2. Angelo's by the Sea (2809 Atlantic Avenue) connector park cafe; 3. Fish Bones Restaurant (1211 Atlantic Avenue) boardwalk cafe; 4. Guadalahara's (200 21st Street) Atlantic Avenue side street; 5. Latitudes and Attitudes (formerly Jonah's) (2101 Atlantic Avenue) boardwalk cafe; 6. Rockfish Boardwalk Bar And Sea Grill (1601 Atlantic Avenue) boardwalk cafe; 7. Seaside Galley (1401 Atlantic Avenue) boardwalk caf6; and 8. Waterman's Caf~ (415 Atlantic Avenue) boardwalk cafe. WHEREAS, the City has developed a franchise agreement for the regulation of open air cafes that each of the above-listed Grantees will be required to execute as a condition of franchise renewal; and 27 28 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 WHEREAS, based upon each Grantee's successful operation of an open air caf~ pursuant to a franchise during the past year, the Department of Convention and Visitor Development recommends a five-year renewal of the franchise of each of the foregoing Grantees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a franchise is hereby granted to each of the above-listed Grantees to operate an open air caf~ at the address indicated herein from May 1, 2003, to April 30, 2008, conditioned on each Grantee's execution of a franchise agreement and compliance with all of the terms and conditions thereof. 2. That the City Manager, or his duly authorized designee, is hereby authorized to enter into a five year franchise agreement with each Grantee. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of April , 2003. CA-8809 ORDIN\NONCODE\openai~ord.wpd R-2 - March 27, 2003 APPROVED AS TO CONTENT: aw Departme~~ APPROVED AS TO LEGAL SUFFICIENCY' Item V-K. $. - 30- ORDINANCES/RES OL UTION ITEM # 51029 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to APPROPRIATE $81,630from the Vtrgtnta Martne Sctence Museum Foundatton to the FY 2002-03 Department of Cultural Arts operattng budget re the VMSM Stranding Program. Vottng 11-0 (By ConsenO Councd Members Voting Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay' None Counctl Members Absent None Aprtl 8, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO APPROPRIATE $81,630 OF ADDITIONAL REVENUE TO THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS FY 2002-03 OPERATING BUDGET AND CREATE TWO FULL-TIME EQUIVALENT POSITIONS FOR THE VIRGINIA MARINE SCIENCE MUSEUM'S STRANDING PROGRAM WHEREAS, the Virginia Marine Science Museum Foundation has received $181,950 in grant funding from the National Marmne Fishery Service for the operations of the Virginia Marine Science Museum Stranding Program, and the Foundation will provide $81,630 of this funding to the Department of Museums and Cultural Arts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $81,630 of funding is hereby accepted from the Virginia Marine Science Museum Foundation and appropriated to the FY 2002-03 Operating Budget of the Department of Museums and Cultural Arts for operations of the Virginia Marine Science Museum's stranding program, with revenue from local sources increased accordingly. 2. That two full-time equivalent positions are hereby created in the FY 2002-03 Operating Budget of the Department of Museums and Cultural Arts; however, these positions may be eliminated after the additional revenue from the Foundation has been expended. Adopted by the Council of the City of Vlrgmnma Beach, Virginia on the 8th day of April, 2oo3. CA-8821 Ordln/Noncode/VMSMord wpd R4 - March 31, 2003 Approved as to Content Approved as to Legal Sufficiency: Management Se~kvices Department o5 Law ~ / UNITEO BTATEB OEPARTMENT OF COMMERCE National Oceanic end Atmoepheric Adrnlnlatration OFFICE OF FINANCE AND ADMINISTRATION GRANTS MANAGEMENT DIVISION 1325 EAST-WEST HIGHWAY SSMC2 - OFA62 - NINTH FLOOR SILVER SPRING, MARYLAND 20910-3283 20O3 Ms. Lynn Clements Virginia Museum of Marine Sciences Foundation 717 General Booth Boulevard Virginia Beach, VA 23451 Reference: NOAAAward No. NA03NMF4390038 Amendment No. 0 Federal Shara $99,000 Dear Ms. Clements: Enclosed for your review and approval are three originals of the referenced NOAA award. If you concur, sign each of the three originals and return two originals to the address above within 30 days The copy marked "Recipient Copy" is for your files. Please note that we are unable to ascertain the financial stability of your organization through our credit reporting agency Dun & Bradstreet (D&B). Therefore you will not be able to draw down funds through the Department of Treasury's Automated Standard Application for Payment (ASAP) system. You must submit a SF- 270 Request for Advance or Reimbursement for payment. However, before we can approve any payments, you must submit the appropriate financial records to D&B to obtain a credit rating. Once we have reviewed your financial management capabilities, we can then begin to approve payments and consider a request to be placed on ASAP Please refer to the reporting requirements for this award, which are outlined in Attachment B, NOAA Administrative Special Award Conditions. In an effort to provide better service to our Recipients through electronic commerce, we ask that you please provide us with an internet email address for your financial reports point of contact (i.e., person who signs the SF-269s and SF-272s). As part of NOAA's diversity program, you are reminded that in accordance with Section J.04 of the Department of Commerce Standard Terms and Conditions, which are incorporated into this award, Recipients are encouraged to utilize minority and women-owned firms and enterprises in contracts under financial assistance awards.  Pr,nled on Recycled Paper Copies of the applicable OMB Circulars and regulations, which have been incorporated into this award by reference, are available from this office upon request and can be found on our website. If you have any grants management questions concerning policy and interpretation, please contact the NOAA Grants Management Specialist, Michelle Brown at 301-713-0922 [Internet: Michelle. T. Brown@noaa.gov]; for technical questions contact the Federal Program Officer, Teri Rowles at 301-713-2322 [Internet: Teri. Rowles@noaa.gov]. Sincerely, Emmanuel E. Atsalinos Grants Officer Enclosures cc: Teri Rowles - F/PR2 ;ORM REV t0~.) U.S. DEPARTMENT OF COMMERCE ~ GRANT r'l COOPERATIVE AGREEMEN' FINANCIAL ASSISTANCE AWARD ~,CCOUNTING CODE tECIPIENT NAME ~,WARD NUMBER VIRGINIA MUSEUM OF MARINE SCIENCES FOUNT COPY RET~ UIIiIA03NMF4390038 $TREET ADDRESS FEDERAL SHARE OF COST r17 GENERAL BOOTH BOULEVARD $99,000 =ITY, STATE, ZIP CODE RECIPIENT SHARE OF COST VIRGINIA BEACH, VA 23451 $33,000 ~.wARD PERIOD TOTAL ESTIMATED COST )9/01/2002-O8/31/2003 $132,000 ~.UTHORITY t6 USC 1361 et seq.; 16 USC 142tf-1 CFDA NO. ANO PROJECT TITLE Improving Response to and Assessments of Dead Marine Mammal strandings in t 1.439 Virginia This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modiflclation by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. ~[~ of Commerce Financial Assistance Standard Terms and Conditions Department I Special Award Conditions (Attachment B) Line item Budget (Attachment A)  18 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit, and Commercial Organizations ~] 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments D OMB Circular A-21, Cost Principles for Educational Institutions r~ OMB circular A-87, Cost Principles for State, Local, and Indian Tribal Governments ] OMB Circular A-122, Cost Principles for Nonprofit Organizations r"} 48 CFR Part 31, Contract Cost Principles end Procedures [~ OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations  of Commerce Pre-Award Notification for Grants and Other(s) Department requirements Cooperative Agreements, 88 FR 40917 as amended by the Federal Register notice published on October 30, 2002 (87 FR 88109) 67 FR (01/14/02)1720 iIGNATURE OF E R TITLE DATE NOAA GRANTS OFFICER ,!'" rYPED NAME AND SIGNATURE OF AUTHORIZED RECIPIENT_OFFICIAL TITLE DATE ! ~ /j / ' - 2003 UNITED BTATEB DEPARTMENT OF COMMERCE Nation-l Oceanic and Atmolpheric Adrninlstration OFFICE OF FINANCE AND ADMINISTRATION GRANTS MANAGEMENT DIVISION 1325 EAST-WEST HIGHWAY SSMC2 - OFA62 - NINTH FLOOR SILVER SPRING, MARYLAND 20910-3283 Ms Lynn Clements Virginia Marine Sciences Museum Foundation 717 General Booth Boulevard Virginia Beach, VA 23451 Reference: NOAA Award No. Amendment No. Federal Share NA03NMF4390002 0 $82,950 Dear Ms Clements: Enclosed for your review and approval are three originals of the above referenced NOAA award. If you concur, sign each of the three originals and return two originals to the address above within 30 days. The copy marked "Recipient Copy" is for your files. Award payments will be made through electronic funds transfer, using the Department of Treasury's Automated Standard Application for Payment (ASAP) system, and in accordance with the requirements of the Debt Collection Improvement Act of 1996. The ASAP payment system allows grant and cooperative agreement recipients to withdraw funding directly from an established ASAP account for each award. ASAP is an all-electronic payment and information system developed jointly by the Financial Management Service (FMS) and the Federal Reserve Bank of Richmond. The latter, in its capacity as Treasury's fiscal agent, operates the system. ASAP is a system through which grantee organizations receiving Federal Funds can draw from accounts pre- authorized by Federal Agencies. The following information is required when making withdraws for this award: (1) ASAP account identification (id) = award number found on the cover sheet of this award; (2) Agency Location Code (ALe) = 13140001; and (3) Region Code -- 01. If you are not enrolled as an ASAP recipient organization you must complete the enrollment process with your Federal Reserve Bank, Regional Finance Center. Enrollment application and information can be found at http://www.fms.treas.gov/asap/handbppk.html  Printed on Recycled Paper Please refer to the reporting requirements for this award, which are outlined in Attachment B, NOAA Administrative Special Award Conditions. In an effort to provide better services to our Recipients through electronic commerce, we ask that when you submit your financial reports, please provide us with an internet email address for your financial reports point of contact (i.e., person who signs the SF-269s and SF-272s). As part of NOAA's diversity program, you are reminded that in accordance with Section J.05 of the Department of Commerce Standard Terms and Conditions, which are incorporated into this award, Recipients are encouraged to utilize minority and women-owned firms and enterprises in contracts under financial assistance awards. Copies of the applicable OMB Circulars and Department of Commerce regulations which have been incorporated into this award by reference, are available from this office upon request and can be found on our website. If you have any grants management questions concerning policy and interpretation, please contact the NOAA Grants Management Specialist, CaroI.J.Pendleton@noaa.gov at 301-713-0923 Ext 178 for technical questions contact the Federal Program Officer, via email at Teri. Rowlesl~noaa.gov or telephone at 301-713-2322 Ext 178. Sincerely, mmanuel E. Atsalinos Grants Officer Enclosures CC: TERI ROWLES, FIPR2 FORM CD-450 [REV 10/98) U.S. DEPARTMENT OF COMMERCE ~ GRANT ~] COOPERATIVE AGREEMEN FINANCIAl. ASSISTANCE AWARD ~,CCOUN'nNG CODE N/A RECIPIENT NAME 'AWARD NUMBER VIRGINIA MARINE SCIENCES MUSEUM FOUNDATION NA03NMF4390002 STREET ADDRESS FEDERAL SHARE OF COST /'17 GENERAL BOOTH BOULEVARD $82,950 , , ~ITY, STATE, ZIP CODE RECIPIENT SHARE OF COST VIRGINIA BEACH, VA 23451 $27,6S0 , , ~.WARD PERIOD TOTAL ESTIMATED COST i)9/0112002-08/31/2003 $110,600 AUTHORITY 16 U.S.C. 1461f-1 CFDA NO. AND PROJECT TITLE Improving Triage and Treatment of Live Stranded Marine Mammals in Virginia 11.439 This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below and attached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modiflclation by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. [~ Department of Commerce Financial Assistance Standard Terms and Conditions ~ Special Award Conditions (Attachment B) I~ Line Item Budget (Attachment A) ~ 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit, and Commercial Organizations [~] 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments D OMB Circular A-21, Cost Principles for Educational Institutions I--1 OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments I'~ OMB Circular A-122, Cost Principles for Nonprofit Organizations F-~ 48 CFR Part 31, Contract Cost Principles and Procedures ~] OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations ~ Other(s) Department of Commerce Pre-Award Notification requirements for Grants and Cooperative Agreements, 66 FR 49917 as amended by the Federal Register notice published on October 30, 2002 (67 FR 66109) , ,,, 67 FR 1720 (01/14/02); 67 FR 13602 (03/25/02) $1GFIA~URE OF DEPARTlt~IT OF COMMERCE G'~d~ITS OFFICER ' TITLE " DATE " TYPED NAM~f', AND SIdlN~T'UI~-OF--AU'I'~ZED RECIPIENT OFFICIAL TITLE' DATE i .~- 1/1 .- , Item V-K. 4. - 31 - ORDINANCES/RES OL UTION ITEM # 51030 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $2,075,000 tn State and Federal Funds to mandated programs admtntstered by the Department of Soctal Servtces re adoption asststance for spectal needs famthes, chtld care subsidies for ehgtble famthes and mamtenance payments for foster children. Vo ttng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None April 8, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,075,000 IN STATE AND FEDERAL FUNDS FOR VARIOUS PROGRAMS ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the State Department of Social Services has made $2,075,000 in federal and state funds available that are necessary to continue three mandated programs: adoption assistance for families with special needs, child care subsidies to support employment for income eligible families, and maintenance payments for foster children eligible under Title IV-E of the Social Security Act. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia: 1. That $2,075,000 of federal and state funds is hereby accepted from the State Department of Social Services and appropriated to the FY 2002-03 Operating Budget of the Department of Social Services to continue mandated programs. 2. That estimated revenues from the federal and state government in the FY 2002-03 Operating Budget are hereby increased by $1,076,648 and $998,352, respectively. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of April , 2003. CA-8822 Ordin/Noncode/socservord.wpd R-1 - March 27, 2003 Approved as to Content- /Manag~men~ Services Approved as to Legal Sufficiency' -/ b'ep~rtment of L - 32 - Item V-K. 5. ORDINANCES/RE$OL UTION ITEM # 51031 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to TRANSFER $2,300, O00 from the Instructtonal Category of the FY 2002-03 School Operattng Budget to the Transportatton Category for purchase of buses prtor to May Ftrst. Vottng' 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 8, 2003 AN ORDINANCE TO APPROVE THE TRANSFER OF $2,300,000 FROM THE INSTRUCTIONAL CATEGORY TO THE PUPIL TRANSPORTATION CATEGORY WITHIN THE FY 2002-03 SCHOOL BOARD OPERATING BUDGET 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, funds in the School Board FY 2002-03 Operating Budget are available in the Instructional Category to permit the purchase of sufficient replacement buses to meet the State- recommended replacement cycle of 12 years; WHEREAS, placing orders for buses before May 1, 2003 would allow the school system to receive these buses at the beginning of the school year; and WHEREAS, by resolution dated March 18, 2003, the School Board has adopted a resolution recommending a transfer of funds from the Instructional Category to the Pupil Transportation Category. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the School Board's transfer of $2,300,000 in appropriations to the Pupil Transportation Category from the Instructional Category in its FY 2002-03 Operating Budget is hereby approved. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of April 2003. CA-8816 Ordin/Noncode/schoolsord. wpd R-2 March 26, 2003 Approved as to Content: Management Services Approved as to Legal Sufficiency: Law Department / I IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Dan,el D Edwards Charman [:hslncl 1 - Centervllie 1513 Beachv~ew Drive VA Beach, VA 23464 495-3551 (h) · 717-0259 (cell) Neff L Rose V)ce Chamrman At-Large 1337 Harris Road VA Beach, VA 23452 463-3823 (h) · 497-6633 (w) Jane S Brooks Dlslnct 6 - Beach 721 Hmlltop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" Daws D~strK:t 5 - Lynnhaven 1125 M~chaelwood Drive VA Beach VA 23452 340-8911 (h) A. James "J~m" DeBellms D~stnct 2 - Kempswlie 4545 Bob Jones Drive VA Beach, VA 23462 467-2457 (h) Dan R. Lowe [:hstnct 4 - Bays~de 4617 Red Coat Road VA Beach VA 23455 490-3681 (h) Sandra Sm~-Jones At-Large 705 Rock Creek Court VA Beach VA 23462 490-8167 (h) Mmchael W Stewart D~stnct 3 - Rose Hall 105 Brentwood Court VA Beach VA 23452 4984303 (h) · 445-4637 (w) Arthur T Tare At-Large 1709 Ladysm~th Mews VA Beach VA 23455 460-5451 (h) Carolyn D Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lorn S Wdhams, Ph D O,stnct 7 - Pnncess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT T~mothy R Jenney, Ph D 2512 George Mason Drive VA Beach, VA 23455 427-4326 A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO TRANSFER CERTAIN FUNDS RESOLUTION WHEREAS, the MISSION OF THE Virginia Beach City Public Schools, in partnership w~th our entire commumty, ~s to ensure that each student is empowered with the knowledge and skdls necessary to meet the challenges of the future, and WHEREAS, budgetary constraints have precluded the lnclus~on of funds ~n the Operating Budget for the purchase of sufficient replacement buses to meet the State recommended replacement cycle of 12 years, and WHEREAS, beginning in FY 1999-2000, the School Board budgeted within ~t's annual operating budget and amount sufficient to fund one-half of the number of buses reqmred to mmntam a 14-year replacement cycle on the bus fleet, and WHEREAS, the ablhty to place orders for school buses before May 1, 2003 wall allow the school system to recmve these buses at the beginning of the school year rather, and WHEREAS, the ability to place orders for buses before May 1, 2003 will permit the placement of the order prior to the peak purchasing season for buses and may save significant dollars in the per unit costs, and WHEREAS, the prudent management of funds and the orderly manner ~n which replacement funding has been managed has resulted in the average age of buses within the fleet being reduced from over 9 years of age to 7 4 years of age, and WHEREAS, additional Operating Budget funds are available from the Summer School program that ended in August 2002, the ERIP program, the funds set aside for LEAD and elementary teaching poslt~ons, whmh were unallocated due to the dechne in the enrollment; now therefore be it RESOLVED: That the Board requests the C~ty Council approve a categorical transfer ~n the amount of $2,300,000 from the Instructional Category to the Pupil Transportation Category, and be ~t further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to dehver a copy of this resolution to the Mayor, each member of City Councd, the C~ty Manager, and the C~ty Clerk Adopted by the School Board of the C~ty of V~rg~ma Beach this 18th day of March 2003. S E A L ~amel-D Ed~aards, Chairman' - ~ Attest D~anne P Alexander, Clerk of the Board CERTIFIED TO BE;XYRUI~'~ AND CORRECT COPY Olerk, SchooIBoard City of Vir ~(~_ ia School Adm~mstratlon Budding · 2512 George Mason Drive ° P O. Box 6038 · Virg~n,a Beach, VA 23456-0038 Item V-K. 6. - 33 - ORDINANCES/RES OL UTION ITEM # 51032 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to RATIFY amendments to the By-Laws of the Commumty Servtces Board (CSB) re commtttee structure Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None Aprtl& 2003 AN ORDINANCE TO RATIFY RECENT AMENDMENTS TO THE BYLAWS OF THE COMMUNITY SERVICES BOARD 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the Community Services Board recently completed a comprehensive review of its bylaws; WHEREAS, after considering the proposed changes, the Board, at a meeting conducted on December 19, 2002, approved a series of amendments to its bylaws; WHEREAS, Article XII of the Board's bylaws provides that amendments to the bylaws must be reviewed and ratified by City Council; and WHEREAS, City Council has reviewed the recommended amendments to the bylaws of the Community Services Board and finds them to be acceptable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby ratifies the amendments to the bylaws of the Community Services Board, as approved by the Board, and attached hereto as Exhibit "A". Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of April , 2003. CA-8820 ORDINkNONCODEkcsbbylawsord.wpd R-1 - March 27, 2003 APPROVED AS TO CONTENT- y Services Board APPROVED AS TO LEGAL SUFFICIENCY- EXHIBIT A As Approved at December 19, 2002 CSB Meeting BY- LAWS Virginia Beach Community Services Board ARTICLE I - NAME The name of this Board shall be the Virginia Beach G:)mmunity Services Board, hereinafter referred to as the "Board." ARTICLE II - PURPOSE The purpose of this Board shall be to act as the agent ofthe City of Virginia Beach, Virginia in the establishment and operation of Community Mental Health, Mental Retardation and Substance Abuse prograrrs as provided for in Chapters 10 and 11 of Title 37.1 of the Code of Virqinia. ARTICLE III - MEMBERSHIP Section 1. The membership of the Board shall consist of not less than six nor more than eighteen persons approvgd and appointed bythe City Council of the City of Virginia Beach, Virginia, hereinater referred to as the "City Council". The membership shall be as broadly representative as possible of all lay and professional elements of the community. One-third of the appointments to the Board shall be identiled consumers or family members of consumers, at least one of whom shall be a consumer receiving services. Members shall be appointed in accordance v~th Section 37.1-195 of Chapter 10 of Title 37.1 of the Code of Virginia. Section 2. Vacancies shall be filled for unexpired terms in the same manner as original appointments. No person shall be eligible to serve more than two successive terms; provided that persons appointed to ill vacancies may serve two additional successive terms. No person shall be eligible to serv9 more than three full three-year terms. Any member of the Board may be removed by City Council for cause, after being g~ven a written statement of the cause and an opportunityto be heard thereon. ARTICLE IV - POWERS AND DUTIES The Board, as an administrative policy board and agent, of the City of Virginia Beach shall be subject to the laws and regulations relating to such agencies ofthat government and shall have the general powers, duties and responsibilities of a Board as outlined in Title 37.1 ofthe Code of Virginia. Such powers and duties shall be: (a) Review and evaluate all existing and proposed public corrmunity mental health, mental retardation and substance abuse ser~ces and facilities available to serve the community and such private services and facilities as receive funds through the Board and advise the City Council as to its findings. (b) Submit to the City Council a program of community mental health, mental retardation and substance abuse serdces and facilities for its approval. (c) Within amounts appropriated therefor, execute such programs and maintain such services as may be authorized under such appropriations. (d) In accordance with its approved program, enter into contracts for rendition or operation of services or facilities. (e) Make rules or regulations concerning the rendition or operation ofservices and facilities under its direction or supe~sion, subject to applicable local, state and/or fgderal standards or regulations. (f) Participate with the City in the appointment of an executive director of community mental health, mental retardation and substance abuse serdces and prescribe said executive director's duties, according to rdnimum qualifications established by the Department of Mental Health, Mental Retardation and Substance Abuse Services, hereinafter referred to as the "DMHMRSAS". The compensation of the executive director shall be fixed by the City in consultation with the Board within the amounts made available by appropriation therefor. The Board shall participate ~th the City in conducting an annual perbrmance evaluation of its executive director. (g) Prescribe a reasonable schedule offees for services provided by personnel or facilities under the jurisdiction or superdsion of the Board and collection ofthe same; provided, however, that all fees collected from Board administered programs shall be deposited with the treasurer, City of Virginia Beach provided, further, that such collected fees shall be used onlyfor community mental health, mental retardation and substance abuse purposes. The Board shall institute a reirrbursement system to maximize the collection of fees from persons receiving services under the jurisdiction or supe~sion of the Board and from responsible third-party payors. (h) Seek and accept funds through grants or foundations; provided, however, in accepting such grants, the Board shall not bind the (]ty of Virginia Beach to any expenditures or conditions of acceptance without the prior approval of the City Council. (I) Have authority, not withstanding any provision of law to the contrary, to disburse funds appropriated to it in accordance Nth such regulations as may be established by the City Council. (j) Apply for and accept loans as authorized bythe City Council. (k) Accept or refuse gifts, donations, bequests, or grants of money or property or other assistance from any source, public or private; utilize the same to carry out any of its purposes; and enter into any agreement or contract regarding or relating to the acceptance or use or repay'nent of the same as authorized by City Council. (I) Develop joint annual written agreements consistent with policies and procedures established bythe State Mental Health, Mental Retardation and Substance Abuse Services Board with local school divisions; health departments; departments of social services; housing agencies; sherilfs; area agencies on aging and regional departments of rehabilitative services. The agreements shall specify what services will be provided to consumers. All participating agencies shall develop and implement the agreements and shall review the agreements annually. (m) Be responsible for carrying out other duties as enumerated in Section 37.1- 197 of the Code of Virginia. ARTICLE V - APPROVAL OF PROPOSED PERFORMANCE CONTRACT Under Section 37.1-198 ofthe Code of Virginia, the City of Virginia Beach, having established the Board and authorized it to adrfinister the City's mental health, mental retardation and substance abuse se~ces programs, may apply for State assistance by submitting annually to the DMHMRSAS the City's mental health, mental retardation or substance abuse proposed performance contract for the next fiscal year together with the Board's recommendations thereon. This document will be available for public review and public comment for a period of thirty days pnor to submitting it for the recommendations of City Council. ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES Section 1. The officers of the Board shall consist of a Chair, Vice-Chair, Secretary and Treasurer who shall be elected at the December meeting of the Board and shall serve at the pleasure of the Board, beginning on January1 of the following year. Section 2. The duties of the Chair shall be: (a) To preside at all meetings of the full Board and Executive Committee, which is composed of officers of the Board. ---' '"'"-"-- -~ '~-- '"'--- -'"--'-"'"'-' · ,,,,., ,.,,,,,,, o ,,, ,,,,~ ,,,,,~,~ ,.,,o,,,,,,,,.~ pr~gra,~ (b) To appoint all committees (excluding the Nominating Committee, which is appointed bythe Board) deemed necessary for the operation ofthe Board. The Finance Committee members will be appointed bythe Chair in consultation with the Treasurer. (c) To work closely with the Executive Director of the Community Services Board and the City Manager. (d) To perform any other duties determined by the Board. (e) To ensure that all federal, state and local governments are informed as to the activities of the Board as requested. Section 3. The Vice-Chair shall, in the absence ofthe Chair, perform the duties of the Chair and any other duties assigned bythe Board or the Chair. Section 4. The Secretary shall ensure that accurate records of all meetings of the Board and Executive Committee are maintained. Upon conclusion of an Executive Session, the Secretary shall certify that business was conducted in accordance ~th the motion and shall record an indiddual voice vote of all Board members present. The Secretary shall perform the duties of the Chair in the absence of the Chair and the Vice- Chair. Section 5. The Treasurer shall serve as Chair of the Finance Committee. The Treasurer shall perform the duties of the Chair in the absence of the Chair, Vice-Chair and Secretary. The Treasurer shall serve as the liaison of the Board regarding ~inancial matters. ARTICLE VII - NOMINATIONS, ELECTIONS AND TERMS OF OFFICE Section 1. The Board shall elect its officers at the December meeting of each year, who shall begin their duties on January1 of the following year. ^ Nominating Committee shall be appointed bythe Board at its October meeting and shall bring forth a slate of officers at its November meeting. Section 2. The term of office shall be for one year commencing on the first day of the calendar year or until a successor is elected. No officer may serve more than three consecutive terms in the same office. The election shall be by ballot if there is more than one nominee for the same office. A quorum must be present and voting in order to constitute an election. Section 3. Any vacancy occurring in the officers of the Board shall be filled by the Board within 60 days of the vacancy. Duration of such appointments shall be limited to the unexpired term of office. ARTICLE VIII - MEETINGS Section 1. The regular monthly meetings shall be held at a time and place to be determined by the Board. If the Board chooses to cancel a regular rronthly meeting, a formal vote will be taken and adequate public notice v~ll be given. Section 2. Special meetings of the Board may be called by the Chair or upon written request of three members. Section 3. The quorum for all Board meetings shall be the majority of the total appointed Board members. ARTICLE IX - STANDING COMMITTEES There shall be an Executive Committee, Finance Committee and other committees as appointed bythe Chair in accordance with Article VI, Section 2-b. ~ 1. EXECUTIVE COMMITTEE -- This Committee's duties include but are not lirdted to the following: a. Establishing Board agenda b. Acting on the Board's behalfwhen directed to do so c. Providing a report of recommendations of the Committee to the Board d. Preparation of Policy guidance regarding Board member education and training in order to enhance duties and responsibilities. -3;. 2. FINANCE This Committee's duties include but are not lirdted to the following: a, b, c, d, Participating in the annual ~iscal review of all programs directly or contractually operated by the Board. Reviewing policies related to the fiscal division of the Board, and which also directly affect contractual programs of the Board Advising the Board, as required, on all matters of a fiscal nature which affect directly and contractually operated programs Providing a report of recommendations of the Committee to the Board ~ /q/~llllUl~llq~/ fll~l A?I/qil~l~ll · d'Vllllll 111 I I l~,hh~'~l lqd'llq~/ I II1~ V~,/IIIIIIII, LqG~; ~,~ ~,lLll, l~ III~,~IU~iC; L/ML GIIG IIVL IIIIIl~d LV MI~; It./111./I/1/111~, VVVI~IIIMLIII~ IG~IOICILIVQ JJIGOGIILCILIVIIO ~JII L/Gllall VI tllG I~l~Jyl~llll~ g IGI,/t~II L ~/I IG~.~/IIIIIIGII~,AGILI~/IIO ~II LIIG ~,~./IIIIIIILLGS;;~ L~/ LIIG l~V/~l~b/ MI-- 11 I--I--VI- IIii--I1 I I IIIO VVIIIIIIILLG~;~ O ~IL4LI~;~O III~ILI~IG I~LIL GIG IIVL IIIIIILG~I LV LIIG IVIIVII1/lll~J. L I-IGI./GIIGILIVII VI l./VIl~,~.y ~ILII~d(;ilIt.~G IG~lCIl~,llll~ I.)~./CIIId IIIGIIII,/GI G~ILI~,~CILII,/II __j &__ _._ -. ... _ .._ __j__ &_ ____L .... J..&.' .... J ....... I~l~/Vl~4111~ O IGF/VIL VI IG~I//IIIIIIGII~IGELI~/IIO VI LII~ V~/IIIIIIILLGG L~/ LIIG I~/GIIIM ARTICLE X - OPERATING PROCEDURES The Board, in carrying out its powers and duties in accordance v, ith Article IV of these By-Laws, shall utilize the following operating procedures: a. All employees of directly operated programs shall be subject to the personnel policies and procedures ofthe City of Virginia Beach. Additionally, the Board hereby adopts the City of Virginia Beach's grievance procedure. b. Pursuant to Section 37.1-195 ofthe Code of Virqinia, legal services to the Board shall be provided by the City Attorney. c. The City Treasurer shall receive those funds designated to the Board. d. The City of Virginia Beach Director of Finance shall serve as the Board's fiscal agent. The City of Virginia Beach shall receive an independent annual audit of the total revenues, expenditures and data of the Board and its programs. e. The Board shall comply with the City of Virginia Beach policies and procedures for purchasing equipment and supplies. f. The Board may, following review by the City of Virginia Beach Director of Finance as to availability of funds and the City Attorney as to appropriate legal form, enter into such agreements and contracts as are necessaryto carry out its approved program. g. The Board shall be authorized to revise its budget categories to meet program needs as provided in the budget ordinance ofthe City of Virginia Beach. When a budget revision is necessary, the Board Executive Director shall submit the request in writing to the City Finance Department prior to Board consideration of the proposed change. The Rnance Department will review the request for conformance to the City's fiscal rules, regulations and budget ordinance and MI notify the Executive Director that the request is in compliance with these rules and regulations or, if not, why not and what procedures need to be followed to achieve compliance. h. The Board shall be authorized to allocate all agencyrevenues in accordance with DMHMRSAS guidelines and in compliance with the policies of the City of Virginia Beach. ARTICLE Xl Roberts Rules of Order, Newly revised, shall govern the conduct of all Board proceedings unless inconsistent ~th these By-Laws in which case these By-Laws shall govern. ARTICLE Xll The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of the membership, notice having been submitted to each Board member in writing two weeks prior to the meeting. Such amendments shall then be reviewed and ratified by the City Council. Amendments Chronology:. Adopted at a regular meeting of the Board by a vote of 8 in favor of to __ favor. Date: January22, 1981 Ratified amendment by Virginia Beach City Council on March 23, 1981. 0 not in Amended at a regular meeting of the Board by a vote of 12 in favor of to 1_!_ not in favor. Date: December 12, 1985 Virginia Beach City Council deferred indefinitely an ordinance to amend By-Laws January 27, 1986. Amended at a regular meeting of the Board by a vote of 8 in favor of to I not in favor. Date: August 24, 1989 Board deferred making any changes and tabled anyfurther action. Amended at a regular meeting of the Board by a majority. Date: October 23, 1997 Ratified amendment by City Council on November 18, 1997. Amended at a special meeting of the Board by a vote of 6 in favor of to3 not in favor and (6 absent from vote) Date: June 10, 1998 Amendments ratified by City Council on July 7, 1998 Amended at a regular meeting of the Board by a vote of 12 in favor of to 0 not in favor and (3 absent from vote) Date: December 19, 2002. - 34- Item V-K. 7 afo. ORDINANCES/RES OL UTION ITEM # 51033 Barbara Messner, Friends of 31s' Street Park, Post Office Box 514, Phone, 422-1902, spoke tn OPPOSITION, chd not beheve funds should be allocated for addtttonal parktng spaces re 31~t Street or the land sold Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl AUTHORIZED the Ctty Manager to advtse the lender, TowneBank, re 3Pt Street: a The Ctty tntends to complete LasMn Road Gateway b The Ctty extends tts commitment NOT to promote a hotel at Rudee Loop unttl the opemng of the 31s' Street hotel on or about June 30, 2005 Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Abstatntng Rosemary Wtlson Counctl Members Absent None Council Lady Wdson advised on Aprd 24, 2001, she filed an optnton letter and &sclosure statement with the Ctty Clerk re Resolutton sttpulattng Modifications to enhance the 31s' Street project The Ctty Attorney advtsed the analysts contatned tn hts 2001 optnton also apphes to today's transactton Therefore, Counctl Lady Wtlson DISCLOSED and ABSTAINED as her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually' Goodman and Company has provided accounting and tax services related to the proposal before City Counctl The City Attorney has advtsed that she ts requtred to &sclose any personal tnterest as tt meets the crtterta of a personal tnterest tn the transactton under the Confltct of Interests Act and ts chsquahfied from parttctpattng tn thts transactton Counctl Lady Wtlson's letter of Aprt124, 2001, ts hereby made a part of the record Aprtl 8, 2003 - 35 - Item V-L. PLANNING ITEM # 51034 1. L YNND UNES, INC. RECONSIDERATION: Change of Zoning (Denied: 01.14.2003) 2. BA Y REFLECTIONS BUILDING, L.L.C. SUBDIVISION VARIANCE 3. JOSEPH AND CORRINE BENEDETTTTO SUBDIVISION VARIANCE 4. SHORE VENTURES, LLC SUBDIVISION VARIANCE 5. CA THOLIC DIOCESE OF RICHMOND MODIFICATION/ S TREE T CLOSURE 6. ROBERT K. AND LANG X. BELL MODIFICATION OF PROFFER 1 CONDITIONAL ZONING (Approved: 0 7/02/2002) 7. OSCAR L. EVERETT, III MODIFICATION OF CONDITION 1 CONDITIONAL USE PERMIT (Approved: 0410/02) 8. ST. NICHOLAS CATHOLIC CHURCH CONDITIONAL USE PERMIT 9. COURTHOUSE COMMUNITY UNITED ME THODIS T CHUR CH CONDITIONAL USE PERMIT Aprtl 8, 2003 - 36- Item V-L. PLANNING ITEM # 51035 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl APPROVED in ONE MOTION Items 3, 4, 5, 6, 7 and 8 L 4 was APPROVED, BY CONSENT, wtth added con&ttons L 5 was APPROVED, B YCONSENT, wtth sttpulatton that the apphcatton be developed tn accordance wtth rendertng Vottng 11-0 (By Consent) Councd Members Votzng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Voting Nay None Councd Members Absent None Aprtl 8, 2003 -37- Item V-L. 1. PLANNING ITEM # 51036 The followtng regtstered tn SUPPORT: Attorney R E Bourdon, Phone 499-8971, represented the apphcant and chstrtbuted correspondence of Aprtl 7, a site plan and elevatton comparison, which ts hereby made a part of the record Thts project is comprtsed of eighteen (18) umts The setback has been modtfied to be a mmtmum of IS feet from the shared property hne The followtng regtstered tn OPPOSITION: Todd Solomon, Prestdent- Shore Drive Communtty Coahtton, 2260 Ftrst Landtng Road, Phone 496-5733 Mr Solomon &stnbuted correspondence recommen&ng dental unttI the apphcatton meets the reqmrements of the Shore Drtve Overlay Dtstrtct Said letter ts hereby made a part of the record Mr Solomon requested the PD-H use be prohtbtted on anythtng less than 5 acres along Shore Drive Attorney Carl Eason, 1100 Columbus Center, Phone 497-6633, Phone 497-6633, represented the Harbor Vtew Condomtntum Assoctatton, dtstrtbuted pettttons tn OPPOSITION from owners of condomtntum apartments at Harbor Vtew Condomtntum and the clostng dates of the Harbor Vtew owners Upon motton by Counctlman Dtezel, seconded by Counctlman Wood, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of L YNNDUNES, INC. for a Change Of Zonmg ORDINANCE UP ON APPLICA TION OF L YNND UNES, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM B-4 (SD) RESORT COMMERCIAL DISTRICT WITHA SHORE DRIVE CORRIDOR 0 VERLA Y TO A-24 APARTMENT DISTRICT WITH A PD-H 2 OVERLAY Z04032142 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Lynndunes, Inc for a Change of Zontng Dtstrtct Classtficatton from B-4 (SD) Resort Commerctal Dtstrtct with a Shore Drtve Corrtdor Overlay to A-24 Apartment Dtstrtct wtth a PD-H 2 Overlay on the south side of Page Avenue, 530feet more or less west of Jade Street (GPIN 1489899316, 1489899450, 1489899457, 1489890364, 1489890350, 1489899298) Satdparcel contains 38, 986 square feet more or less DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be requtred The site shall be developed tn substanttal conformance wtth the submttted prehmtnary site plan tttled"REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheet 1, dated 08/16/02, and latest revtston date 2/20/03, prepared by Warner andAssoctates Satdplan ts on file tn the Ctty of Vtrgtnta Beach Planntng Department The proposed buddtngs shall be constructed tn substanttal conformance wtth the submttted preltmtnary elevattons tttled "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", Sheets A-2 and A-3, dated 08/16/02, and latest revtston date 11/29/02, and Sheet A-4, 08/16/02, and latest revtston date 11/08/02, prepared by Warner andAssoctates Satd plan ts on file tn the Ctty of Vtrgtnta Beach Planntng Department Aprtl 8, 2003 Item V-L. 1. PLANNING - 38- ITEM # 51036 (Continued) The proposed landscaping of the site shall be in substanttal conformance wtth the submttted prehmtnary stte plan tttled "REESE SMITH ASSOCIATES BA Y BEA CH CONDOMINIUMS", Sheet 1, dated 08/16/02, and latest revtston date 11/08/02, prepared by Wtnn Nursery of Vtrgtnta, W Carter Wtnn Satdplan ts onfile tn the Ctty of Vtrgtnta Beach Planntng Department The Page Avenue entrance to the site shall be tn substanttal conformance wtth the submitted plan titled "PAGE A VENUE ENTRANCE", Sheet 2, "REESE SMITH ASSOCIATES BAY BEACH CONDOMINIUMS", dated 08/16/02, prepared by Warner and Assoctates Satd plan ts on file tn the Ctty of Vtrgtnta Beach Planntng Department The apphcant shah coordtnate efforts wtth the Shore Drtve Advtsory Committee, the Shore Drtve Communtty Coahtton, and the Ctty of Vtrgtnta Beach to landscape the approxtmately 13, 500 square foot area between the extsttng Shore Drtve pavement and the apphcant's property as a Shore Drive Demonstration Project. Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (]) of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Etghth of Aprtl, Two Thousand Three Vottng 7-4 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Richard A Maddox, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L. Wood Council Members Vottng Nay Mayor Meyera E Oberndorf, Vtce Mayor Louts R Jones, Reba S McClanan and Ron A Villanueva Counctl Members Absent None Aprtl 8, 2003 - 39- Item V-L. 2. PLANNING ITEM # 5103 7 Attorney R E Bourdon, Phone 499-8971, advised this property is a 5 10 acre waterfront parcel wtth a stgntficant amount of wetlands The lot could be subchvtded into three conformtng lots, tf not for the regulattons of the Chesapeake Bay Preservatton Area Ordtnance. Thts apphcatton can be chvtded tnto three (3) lots fronttng on Watersedge Drtve, and four (4) lots wtth a cul-du-sac whtch meets all requtrements wtth all lots more than l OO feet from water marsh or wetlands The followtng regtstered in OPPOSITION: Karen Flemtng, 1417 Watersedge Drtve, Phone' 463-9993, wtsh to have development conform to extsttng development and developed tnto two lots wtth stgntficant road frontage Btll Brown, 1409 Watersedge Drive, Phone' 498-6636, conchttons requtred by the Planmng Commtsston are tnadequate Do not wtsh homes to share drtveways or be stacked Btll West, 3100 Watersedge Court, Phone, 321-9262, wtshes the development to be cohestve and not to dtstract from the values of the netghborhood Upon motton by Councdman Wood, seconded by Counctl Lady Wdson, Ctty Counctl DENIED the apphcatton of BAY REFLECTIONS BUILDING, LLC for a Variance to Sectton 4 4 (b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zomng Ordmance (CZO) Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdivlston for Bay Reflecttons Butldmg, L L C Property ts located on the east stde of Watersedge Drtve, approximately 1200feet north of Khne Drtve (GPIN 1498094470) and contatns 5 10 acres DISTRICT 5 - L YNNHA VEN Voting. 11-0 Councd Members Vottng Aye. Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None April 8, 2003 Item V-L.3. - 40- PLANNING ITEM it 51038 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Counctl APPROVED the apphcatton of JOSEPH and CORRINE BENEDETTO for a Variance to Sectton 4 4 (b) of the Subdtvtston Ordtnance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance (CZO) Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subchvtston Ordtnance, Subdivtston for Joseph Benedetto and Corrtne Benedetto Property ts located at 4183 Whtte Acres Road (GPIN 1478894544, 1478891213) Parcels contatn 17 13 acres DISTRICT 4 - BA YSIDE The foliowtng condttton shall be required The property shall be developed tn substanttal adherence to the submttted plan entttled "SUBDIVISION OF 'WHITE ACRES,' Vtrgtnta Beach, Vtrgtnta," prepared by TES, Inc Satd plan has been exhtbtted to the Vtrgtnta Beach Ctty Counctl and ts on file tn the Ctty of Vtrgtnta Beach Planmng Department Vottng 11-0 (By ConsenO Council Members Voting Aye. Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Aprtl& 2003 - 41 - Item VOL. 4. PLANNING ITEM # 51039 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Council APPROVED the apphcatton of SHORE VENTURES, LLC Variance to Sectton 4 4 (b) of the Subdtvtston Ordmance that reqmres all newly created lots meet all the reqmrements of the Ctty Zomng Ordtnance (CZO) Appeal to Dectsions of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Shore Ventures, L L C Property ts located at the Southeast corner of Cullen Road and Independence Boulevard (GPIN 14 7932 7191) DISTRICT 4 - BA YSIDE The followtng condtttons shall be requtred 1 A no ingress~egress easement must be platted along Independence Boulevard on Lot 2A All setbacks on Lot 2A must be measured from the ulttmate rtght-of-way wtdth of 150 feet for Independence Boulevard as shown on the Master Transportatton Plan 3 The prtnctpal structure butlt on Lot 2A shall be ten (10) feet from the southern property hne Any structure built on Lot 2A shall be sttuated on the lot so the stde of the structure factng Independence Boulevard shall not be closer to Independence Boulevard than the matn portton of the house located on the parcel to the south No fence or accessory structure on Lot 2A shall be located tn the yard area between the stde of the prtnctpal structure facmg Independence Boulevard and Independence Boulevard 6 The prtnctpal structure on Lot 3A shall have a ntne (9) foot setback from the southern property hne Voting 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counczl Members Absent None - 42 - Item V-L. 5. PLANNING ITEM # 51040 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Councd APPROVED the apphcatton of CA THOLIC DIOCESE OF RICHMOND for a MODIFICATION of the chsconttnuance, closure and abandonment ofa portton of Arcttc Crescent (APPROVED July 9, 2002), by reductng the area to 2, 304 square feet: Or&nance upon apphcatton of Cathohc Dtocese of Rtchmond for the dtsconttnuance, closure and abandonment of aportton of Arcttc Crescent begtnntng at the western boundary _r , ~,_ o ....... ,__ o,, Lot J and runmng ......... '-' to boaiidaiy of Lo; .~ east apprommately 125feet Satd parcel contains 573-7-3 2,304 square feet DISTRICT 6 - BEACH Modtfied Condition Number 3 to allow construction ora cul-de-sac. The applicant ss requtred to construct a cul-de-sac at the new termtnus of Arcttc Crescent, Arcttc Ctrcle and 14tn Street at no cost to the Ctty of Vtrgtma Beach A constructton plan must be approved and bonded through the Development Servtces Center of the Planntng Department prior to recordatton of the street closure plat The apphcatton shall be developed tn accordance wtth the rendertng. Vottng 11-0 (By ConsenO Councd Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wilson and James L Wood Councd Members Vottng Nay None Councd Members Absent None Aprtl 8, 2003 ORDINANCE NO. ORD- 2740Q IN THE MATTER OF CLOSING. VACATING AND DISCONTINU]NG A PORTION OF THAT CERTAIN STREET KNOWN AS ARCTIC CRESCENT AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & V ACA TED BY CITY COUNCIL OF VIRGINIA BEACH." WHEREAS, on Ju]y 9,2002, Catholic Diocese of Richmond, applied to the Council ofthe City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF STREET CLOSURE, AREA OF CLOSURE -5.373 SQ. FT./ 0/]23 ACRES" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & V ACA TED BY THE CITY COUNCIL OF VIRGINIA BEACH" Scale: ] n = 40', dated May ]4, 2002, prepared by Gallup Surveyors a copy of which was attached as Exhibit A. WHEREAS, it was the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions being met on or before July 8,2003; WHEREAS, it is requested that the area of Arctic Crescent to be closed be modified as follows: ALL THAT certain piece or parcel ofIand situate, lying and being in the City of Virginia Beach, Virginia, designated as "AREA TO BE CLOSED 2,304 SQ. FT. (0.053 AC) shown as the hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & VACATED BY THE CITY COUNCIL OF VIRGINIA BEACH" a copy of which is attached hereto as Exhibit' A'. WHEREAS, said request appears reasonable and is recommended for approval. GPIN: (Parce] adjacent to these portions of street) 2427-16-5054-0000, 2427- ]5-5854-0000,2417- 15-5054-0000 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Virginia Beach, Virginia, that the hereinabove Ordinance be modified to discontinue, close and vacate the hereinabove street as follows: ALL THAT certain piece or parcel ofIand situate, lying and being in the City of Virginia Beach, Virginia, designated as "AREA TO BE CLOSED 2,304 SQ. FT. (0.053 AC) shown as the hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF ARCTIC CRESCENT TO BE CLOSED & VACATED BY THE CITY COUNCIL OF VIRGINIA BEACH" a copy of which is attached hereto as Exhibit' A'. Condition # 3 has been modified as follows: The applicant is required to construct a cul-de-sac at the new terminus of Arctic Crescent, Arctic Circle and ]4th Street at no cost to the City of Virginia Beach. A construction plan must be approved and bonded through the Development Services Center ofthe Planning Department prior to recordation of the street closure plat. Conditions #],2, 4-8 ofOrdinance#2715B approved by City Counci1 on July 9, 2002 remain in effect. Adopted by the Council ofthe City of Virginia Beach, Virginia, on this ~ day of April ,2003. APPROvED AS TO LEGAL SUFFICIENCY: 4s-fI'J:?d~ ~~ City Attorney CA-8740 June 3, 2004 F:\DataIA TY\Forms\Deeds\STCLOSU\ WORKING\ca8740.modification2 streetord.wpd APPROVED AS TO CONTENT: ~¥l, ."P Planning Department 2 , ( ~ I ~ ¡ iø i ~~~ ~~¡ ~i 'II! I ill I ~ ., , Exhibit A ...... .",," j . II ~I : ill ~ ¡;' ' .. ~ :"o~ .~- ~ UlTIlI ¡ ! ! ! ! ! ~~~ ì~~ m~ !I :!il i¡ .Ii! , !i. H ' I! ~ ~~r~ Ii'; "I 'Iii ¡ '! I> > T !ìj j¡£! i 'I' 'I: I í .>hl ;1 ì!! d; !'I¡!I . =! '1111 II ;: 'I Ij', ~/ I,!! i¡ i.;; ~I .; ~ :. ;, ~ . ¡ ! I ! I ! I ! I \ .... ~-"""'" Map No~ ~o '3ca].e Catholic Diocese of Richmond Star the Sea Catholic Church LAKE HOLLY R-5 LAKE HOLLY Street Closure - Arctic Cresc. ZONING HISTORY o , 3. Conditional Use Permit Conditional Use Permit Rezonlng (R-3 Multiple Conditional Use Permit 4. Conditional Use Permit Approved 4-11-00 5. Conditional Use Permit Approved 1-26-93 Conditional Use Permit (Church/Additions)- Approved 4-12-94 Rezoning (R-5S Residential to RT-3 Resort Tourist) - Approved 6-9-92 Street Closure - Approved 3-10-92 Conditional Use Permit (Church / School Expansion) - Approved 5-9-95 Conditional Use Permit (School) - Approved 9-25-90 (Parking Lot) - Approved 8-14-01 (50 unit Motel) - Approved 11-8-65 Family Residence to M-H Motel-Hotel) and (36 unit Motel) - Approved 8-10-64 (Recreational Facility of an Outdoor Nature) - (Recreational Facility of an Outdoor Nature) - 6. Conditional Use Permit (Parking Lot) - Approved 2-14-95 7. Street Closure - Approved 3-10-98 8. Conditional Use Permit (Recreational Facility of an Outdoor Nature) - Approved 5-26-92 9. Street Closure - Approved 5-8-01 Item V-L. 6. PLANNING - 43 - ITEM # 51041 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure Ctty Counctl MODIFIED Proffer No I of the apphcatton of ROBERT K. and LANG X. BELL to allow addmonal entrances, for the Condtt~onal Zomng (APPROVED July 2, 2002) Ordinance upon Applicatton of Robert K Bell and Lang X Bell for a Mod~ficatton of Con&twns for a Condtttonal Rezomng approved by Ctty Counctl on July 2, 2002 Property is located at 6041 Indtan Rtver Road (GPIN 1456523841) DISTRICT 1 - CENTER VILLE When the Property ts re-developed, tt shall be developed substantmlly as shown on the exhtbtt entttled "LANG OPTICAL - REZONING EXHIBIT," prepared by Lewts Whtte and Assoctates, dated 9/24/02, whtch has been exhtbtted to the Vtrgmta Beach Ctty Counctl and ts on file wtth the Vtrgtma Beach Department of Planmng (hereinafter "&te Plan ") Voting 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 8, 2003 City o£ Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5702 DATE: March 26, 2003 TO: Leslie L. Lilley DEPT: City Attorney .ti .'~ FROM: B. Kay Wilson'~~ DEPT: City Attorney Conditional Zoning Application Robert K. Bell and Lang X. Bell The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 8, 2003. I have reviewed the subject proffer agreement, dated January 14, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY §vl~s. I~OIJtlDON. ~ & I.L~'Y. PC ROBERT K. and LANG X. BELL, husband and wife FIRST AMENDMENT TO CONDITIONS) (PROFFERED COVENANTS, RESTRICTIONS AND CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 14t~ day of January, 2003, by and between ROBERT K. BELL and LANG X. BELL, husband and wife, parbes of the first part, Grantors; and THE CITY OF VIRGINIA BEACH, a mumcipal corporataon of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of property located in the Centerville District of the City of Virginia Beach, Virginia, containing approximately 0.42 acres as more particularly described in Exhibit "A' attached hereto and incorporated herein by this reference (the ~Property'); and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated March 10, 2002 accepted by the Grantee and recorded on July 15, 2002 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200207153001008 (~Proffers'); and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virgtnia, by petition addressed to the !Grantee so as to modify, in part, the previously proffered Covenants, Restrictions 'and Conditions governing development of the Property; and WHEREAS, the Grantors have requested the Grantee accept a modification to Proffers numbered 1 as contained in the Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1456-52-3841 PREPARED BY $~$. !~01.~])0~. ,~IilAttERN & LEVY'. PC WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land simdarly zoned are needed to resolve the mtuation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, opera, on, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or ~ts govermng body and without any element of compulsion or quid PEP_ quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is re-developed, it shall be developed substantially as shown on the exhibit entitled "LANG OPTICAL - REZONING EXHIBIT", prepared by Lewis White and Associates, dated 9/24/02, which has been exhibited to the V~rgima Beach City Councd and is on file w~th the V~rgin~a Beach Department of Planning (hereinafter "Site Plan"). PREPARED BY ~;YgE$. ]~OUI~DON. ~[~ Aa~N & LEVY. P.C 2. The freestanding monument style sign designated on the Site Plan shall be brick based monument style sign no greater than eight feet (87 zn height. 3. Ail outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Category II Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, wLll be provided adjacent to the sides and rear boundary of the Property as depicted on the Site Plan. 5. Only the following uses will be permitted on the Property: a) Bumness studios, office and clinics; b) Florists, gift shops and stationery stores; or c) Medxcal and dental offices and clinics; d) Optician wxth retail sales of eyewear. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1 Dxstrict and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivismn Ordinance of the City of Virginia Beach, Virginia, m force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment ;s part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virgima Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such ~nstrument, provided that said instrument is consented to by the Grantee in writing PREPARED BY $~1;$, ~}OUP, DON. Attt~N & Lk"VY. P C as evidenced by a certtfied copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a pubhc hearing before the Grantee which was advertxsed pursuant to the provisions of Sect_ton 15.2-2204 of the Code of Virginm, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of V~rginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory ~njunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily avmlable and accessible for pubhc inspection m the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of V~rginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY WS~/[[$. t~OURDON. Attl~N &ItVY. PC WITNESS the following signatures and seals: GRANTORSk Robert K. Bell (SEAL) Bell¢ _ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 14m day of January, 2003, by Robert K. Bell and Lang X. Bell, husband and wife, Grantors. My Commission Expires: August 31, 2006 PREPARED BY §YEES. tlOUtlDON. AttEtlN & LEVY. P.C EXHIBIT "A'~ All that certain piece or parcel of land lying, situate and being in the Centerville District of the City of Virginia Beach, being described as beganning at a point in the southern line of the right of way of the Indian River Road at its intersection with the dividing line between the property above described and the property of Roland E. Russell, and running thence southerly along said Russell's western iine 150 feet, more or less, to an iron pin; thence N. 83° 2 I'W. 114 feet, more or less, to another iron pin; thence N. 01 ° 27' E. 223 feet, more or less, to an iron pm in the southern line of the right of way of Indian River Road; thence along smd right of way hne S. 52° 30' E. 142 feet to the point of beginning. Less and except that portion of the property conveyed to the City of Virginia Beach, Virginia, by Warranty Deed dated January 23, 1975 as recorded in the Clerk's Office of the Circuit Court of the City of Virgunia Beach in Deed Book 1467, at Page 656. Said parcel containing approximately 0.422 acres is depicted on that plat recorded in the afore referenced Clerk's Office in Deed Book 1459, at Page 120. GPIN: 1456-52-3841 MODCONDITIONS/BELL/PROFFER Item V-L. ?. - 44 - PLANNING ITEM # 51042 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Councd MODIFIED CONDITION NO. 1 of the Apphcatton of OSCAR L. EVERETT, III on the Use Permtt re a freestan&ng stgn for the car wash (APPROVED Aprtl 10, 2001). Or&nance upon Applicatton of Oscar L Everett, III for a Modtficatton of a Condtttonal Use Permit for a car wash approved by Ctty Council on Aprtl 1 O, 2001 Property is located at 2530 Lynnhaven Parkway and contatns 3 124 acres (GPIN 1465833 733) DISTRICT 1 - CENTER VILLE Con&tton No 1 shall be modtfied as follows No freestandtng sign, other than the existing monument stgn at the corner of Lynnhaven Parkway and lndtan Rtver Road, wall be allowed on thts stte &gnage may be placed on the car wash bmldtng tn accordance wtth the Zoning Ordtnance Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay' None Counctl Members Absent None Aprtl 8, 2003 - 45 - Item V-L. 8. PLANNING ITEM # 51043 Upon motton by Vice Mayor Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED Ordtnance upon apphcatton of ST. NICHOLAS CATHOLIC CHURCH for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ST NICHOLAS CA THOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A COLUMBARIUM R040331094 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of St Nicholas Cathohc Church for a Con&ttonal Use Permtt for a columbartum at 712 Ltttle Neck Road (GPIN 1488805079) Parcel contatns 11 959 acres DISTRICT 5 - LYNNHA VEN The followtng condtttons shall be requtred The condtttons attached to the ortgtnal Condtttonal Use Permtt and the three (3) subsequent permtts granted by City Counctl shall remam tn effect wtth the addttton of the columbartum to the stte The columbartum shall be located tn the area shown on the submttted stte plan entttled "Satnt Ntcholas Cathohc Church Columbartum, "prepared by COMPO Constructton Company, dated January 13,2003 The wall shall be constructed ofbrtck and mortar wtth all ntches factng the church bmldtng as deptcted on the submitted elevation entitled, "Columbartum for St Ntcholas Cathohc Church, Vtrgtma Beach, Vtrgtnta," prepared by Barnes Destgn Group, wtth dtmenstons not to exceed seven (7) feet tn hetght and etghteen (18) feet tn length. This Or&nance shall be effective tn accordance wtth Sectton 107 (D of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Etghth of Aprtl, Two Thousand Three Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 8, 2003 - 46- Item V-L. 9. PLANNING ITEM # 51044 Donn Lee, Board of Trustees, Chatrman of the Butldtng Committee, 2 729 Cantwell Road, Phone 430-3558, represented the apphcant Hattte M Setzer, 2424 Rock Creek Drtve, Chesapeake, Phone 424-5993, co-owner wtth husband of 5-acre parcel of property adjacent to Commumty Methodist Church, regtstered tn Opposttton Upon motton by Councdman Reeve, seconded by Councdman Schmidt, Ctty Councd ADOPTED Ordtnance upon Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Condtttonal Use Permtt ORDINANCE UPONAPPLICA TION OF CO UR THO USE COMMUNITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R040331095 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcation of Courthouse Commumty Umted Metho&st Church for a Condtttonal Use Permtt for a church expanston on property located at 2 708 Prtncess Anne Road (GPIN 1494557644, 1494557657) Parcel contatns 6 33 acres DISTRICT 7- PRINCESS ANNE The followtng con&ttons shall be required The stte shall be developed as deptcted tn the submttted stte plan entitled, "Courthouse Commumty Umted Metho&st Church, Vtrgima Beach, Vtrgtma "datedNovember 11, 2002 by Vanasse Hangen Brusthn, Inc , and as condittoned below The "Future Parktng" and "Future Sanctuary" shown on the plan ts not tncluded wtth this Condtttonal Use Permtt The bmldmg addttton shall be constructed as deptcted tn the submttted elevattons entttled, "Alterattons and Ad&tton to Courthouse Commumty UMC, Vtrgtnta Beach, Vtrgtnta" datedNovember 2 7, 2002 by Lyall Destgn Archttects 3 The modular untts shall be removed from thepropertyprtor to tssmng the Certtficate of Occupancy for the expanston A Category IV landscape buffer shall be tnstalled along the northeastern property hne between the proposed improvements and the adjacent restdenttal area AH outdoor hghttng shah be shtelded to &rect hght and glare onto the property, satd hghttng and glare shall be deflected, shaded, and focused away from adjotntng property Any outdoor hghttng fixtures shall not be erected any htgher than 14feet Aprtl 8, 2003 -47- Item V-L. 9. PLANNING ITEM # 51044 (Continued) Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgima Beach, Vtrgtma, on the Etghth of Aprtl, Two Thousand Three Counctlman Reeve wtll meet wtth Mr and Mrs Setzer to resolve thetr concerns Voting 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay. None Counctl Members Absent None Aprtl 8, 2003 - 48 - Item V-M. 1. APPOINTMENTS ITEM # 51045 BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS PARKS AND RECREATION COMMISSION THE PLANNING COUNCIL VIRGINIA BEA CH COMMUNITY DE VEL OPMENT AUTHORITY (VB CD C) Aprtl 8, 2003 Item V-N. 1. - 49- RECESS ITEM # 51046 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, chsctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt' Appotntments Boards and Commtsstons Parks and Recreatton Commtsston The Plannmg Counctl Vtrgmta Beach Communtty Development Authortty PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acquisttton of real propertyfor a pubhc purpose, or of the chsposttton of pubhcly-held real property, where chscusston tn an open meetmg would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property- Centervtlle Dtstrtct Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce MayorLoutsR Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt,, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (8:34 P.M. - 9:03 P.M.) Aprtl 8, 2003 - 50- ITEM # $104 7 Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, Aprtl 8, 2003, at 9 03 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Absent None April 8, 2003 - 51 - CER TIFICA TION OF CLOSED SESSION ITEM # 51048 Upon motton by Council Lady Eure, seconded by Counctl Lady Wtlson, Ctty Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng reqmrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes; AND, Only such pubhc business matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Aprtl 8, 2003 OUR RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51046, page 49, and ~n accordance w~th the provisions of The Virginia Freedom of Information Act, and, WHEREAS' Section 2 2-3 711 (A) of the Code of Vlrglma requires a certification by the governing body that such Closed Session was conducted in conformity with Vlrglma law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certffies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by V~rg~ma law were d~scussed in Closed Session to which this certification resolution applies; and, (b) only such pubhc bus~ness matters as were ~dentffied ~n the motion convemng th~s Closed Sesston were heard, discussed or considered by V~rgtma Beach C~ty Council .l~uth Hodge~-'~mith, MMC C~ty Clerk April 8, 2003 - 52 - Item V-P. AD JO URNMENT ITEM It 51049 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:05 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Cay Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta Aprtl 8, 2003