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Home My WebLink AboutNOVEMBER 4, 2003 MINUTESCITY OF VIR G-INIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MA YOR LOUIS R. ,IONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - Dg~trict 2 MARGARET L. EURE, Centerville - DL~'tnct 1 REBA S. McCLANAN, Rose Hall o District 3 RICHARD A. MADDOX, Beach - District 6 diM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON,4. V1LLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX(757) 426-5669 E- MAIL: Ctycncl~vbgov. corn CITY MANAGER - dAMES K. SPORE CITY A 1TORNEY- LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MM(: 4 November 2003 TOUR OF LANDFILL - Municipal Center- 1:00 PM CITY MANAGER'S BRIEFING - Conference Room - 3:00 PM CHESAPEAKE BAY PRESERVATION AREA ORDINANCE REVISIONS Clay Bemick, Environmental Management Programs Administrator, Planning Department II. REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION A. CALL TO ORDER- iMayor Meyera E. Obemdorf B. INVOCATION: iReverend Sidney Nelson Saint Timothy Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 28, 2003 G. AGENDA FOR FORMAL SESSION H. PRESENTATION TRAUMA CENTER TASK FORCE REPORT Dr. Mitchell Miller, Chairman I. CONSENT AGENDA J. PUBLIC HEARINGS COMPREHENSWE PLAN (recommended and certified by the Planning Commission) , PROPOSED AMENDMENT TO THE FY 2003-2004 CAPITAL BUDGET re $10,250,000 in School Reversion Funds. K. ORDINANCES/RESOLUTION 1. Ordinance to APPROPRIATE $11,750,000 in FY 2002-03 School Reversion Funds: a. $4,00O,0OO b. $2,250,000 c $2,000,000 d. $1,500,000 e. $1,500,000 f. $ 500,000 School Plant and Supply Services Facility Telecommunication Infrastructure Replacement Security of the Instructional and Administrative Network Systems Standards Of Learning (SOL) Incentive Funds Purchase of Buses and Various Vehicles Increased Computer Network Security and On-line Student Assessment . Ordinance to ESTABLISH the Special Revenue Fund-School Reserve in the FY 2003-04 operating budget; and, APPROPRIATE $448,021 of FY 2002-03 School Reversion Funds to the Special Revenue Fund-School Reserve Fund. o Ordinance to AUTHORIZE the City Manager to execute an agreement with the Southeastern Public Service Authority (SPSA) for the operation of"White Goods" recycling facility at Landfill II and enter into a lease for forty-eight (48) acres of land at Landfill II for the construction and operation of a compost/mulch processing facility. . Ordinance to APPROVE the modification re the Virginia Beach Development Authority's obligation to purchase Block 10 Parking Garage in Phase I of the Town Center Project; recommend APPROVAL by the Virginia Beach Development Authority; and, AUTHORIZE the preparation of Supplemental Phase II project documents. 5. Resolution to ESTABLISH The Old Beach District Master Plan Advisory Committee L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD MINORITY BUSINESS COUNCIL OLD BEACH MASTER PLAN ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) Agenda 10/30/03/g0v www.vbgov.com THERE WILL NOT BE .4 COUNCIL MEETING ON NO VEMBER 11, 2003, VETERANS D.4 Y .4ND CITY HOLID.4Y. .THE NEXT COUNCIL MEETING WILL BE HELD ON NOVEMBER 25, 2003. o~ OUR #~.'~°~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 04 November 2003 City Council toured the Landfill in the Centerville District, conducted by Council Lady Eure, E. Dean Block Director of Public Works and Wade Kyle, Fleet and Waste Management Administrator. Upon return to City Hall, Mayor Meyera E. Oberndorf called to order the Briefing re CHESAPEAKE BAY PRESERVATION ,'IREA ORDIN/INCE REVISIONS, in the City Council Conference Room, City Hall, on Tuesday, November 4, 2003, at 3:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, .Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. l/illanueva [ELECTION DA Y] -2- CITY MANAGER'S BRIEFING CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE REVISIONS 3:00 P.M. ITEM # 51854 Clay Bernick, Environmental Management Programs Administrator, Planning Department, advised changes must be made by the City concerning the Chesapeake Bay Preservation Area effective January 1, 2004. The Commonwealth of Virginia originally adopted the Chesapeake Bay Preservation Act in 1988. Regulations implementing the Chesapeake Bay Preservation Area were adopted in 1990. The City adopted the local Chesapeake Bay Preservation Area Ordinance and amended other local development ordinances for consistency in 1991. As part of the extended review process, the CommonwealthJbund the City to be fully consistent in 1994. CHESAPEAKE BAY PRESER VA TION AREA REQUIREMENTS Locality designate Chesapeake Bay Preservation Area Geographic limits Locality map Resource Protection Areas and Resource Management areas within Geographic limits Locality adopt Ordinance meeting minimum State requirements and consistency finding Locality amend Comprehensive Plan to address minimum State requirements and consistency finding Locality amend other local Development Ordinances to address minimum State requirements and consistency finding Mr. Bernick displayed a map indicating the Chesapeake Bay Preservation Area. The Chesapeake Bay Watershed depicted in "light yellow "encompass the Elizabeth River (Kempsville), intown Reservoirs (Lake Smith, Lake Lawson - Bayside Area), Lynnhaven (eastern and western branches including Linkhorn, Broad Bay and all their tributaries) and Little Creek Watersheds. The streams extend as far south as Landfill II, Tidewater Community College and south along Dam Neck Road in the vicinity of London Bridge Road. A clear majority of the City's population is included in the Chesapeake Bay Watershed. Areas to the south (mustard colored on the map) drain to North Carolina and eventually reach the ocean at Oregon Inlet (approximately 100 miles south). Within this area there are two types of Resource Protection Areas. The Resource Protection Area (RPA) Example No. 1 extends from the shoreline lan&vard to a distance I00 feet beyond the top of the slope on a shoreline in the Watershed. Slopes are defined as being areas which have a slope greater than six (6%)percent. There are highly erodible sods in those areas if they are denuded of vegetation and can really contribute to water quality problems. Currently the I O0-foot buffer commences at the top of the slope and runs landward 100feet. Resource Protection Area (RPA) Example No. 2 depicts a shoreline of rip rap or bulkhead with the same conditions applied. Thepresence or absence of the natural features does not affect where the Resource Protection Area commences. November 4, 2003 -3- CITY MANAGER'S BRIEFING CHESAPEAKE BAY PRESER VA TION AREA ORDINANCE REVISIONS ITEM # 51854 The City has more geographic area protected than any many other localities, as well as more development activities in the shoreline areas. There are more requests for variances in this area. The State will review the number of variances by other localities and thus our City is under closer scrutiny by the State. As the City regulates more area, the number of requests have increased. The City Ordinance created a Chesapeake Bay Preservation Area Board to make decisions more responsive to the public. City Council appoints this Board, which meets monthly to review requests of projects within the Resource Protection Area (RPA). The Ordinance also designated highly erodible soils' as a component of the Resource Protection Area (RPA), slopes greater than six (6) percent to address chronic erosion problems in Shoreline areas. REVISED STATE REGULATIONS Require localities to amend Local Ordinances prior to January 1, 2004 Institute State inspection and enforcement oversight measures Reemphasize importance of Resource Protection Area Buffer for water quality protection CURRENT REQUIREMENTS v. NEW REQUIREMENTS Minor Projects current: approved by staff administratively new: approved by Chesapeake Bay Preservation Area Board Septic Tank Pump Out current: mandatory pump out every five (5)years new: inspection and pump out if necessary every five (5) years Buffer Area Regulations current: more liberal interpretation of buffer encroachments at local level new: more strict interpretation of buffer encroachments at local level with State oversight Principal Structure additions current; approved by Chesapeake Bay Preservation Area Board new: approved by staff administratively A minorproject is defined as a land disturbance of less than 2500 square feet (an area roughly 50'x 50'). Currently these projects are approved administratively. However, the new requirements' would require approval by the Chesapeake Bay Preservation Area Board. November 4, 2003 -4- CITY MANAGER'S BRIEFING CHESAPEAKE BA Y PRESER VA TION AREA ORDINANCE REVISIONS ITEM # 51854 (Continued) A gazebo, swimming pool or shed in the applicant's backyard wouM have to be approved now by the Chesapeake Bay Preservation Area Board. However, a 2, 500 square foot home addition could be approved administratively. Mr. Bernick displayed the proposed compromise Resource Protection Area, which is satisfactory to the development community, building associations, consultants and homeowners. This RPA still protects the same amount of area (100 feet back from the top of the bank). However, instead of having the 100-foot buffer commence at the top of the bank, the buffer will now start at the shoreline. In some places, if there is not a slope, the buffer may be only l OO feet. A lot with more complicated features might require a 200foot or more buffer depth. The difference is: a Variance before the Chesapeake Board is required if the application is only within the first l OO feet. Outside of the l OO feet could be handled as an administrative variance. If the applicant is not pleased with an administrative decision, an appeal may be made to the Chesapeake Bay Preservation Area Board with a later option to the Circuit Court. SCHEDULE September/October: Briefings to City Council, Planning Commission, Chesapeake Bay Preservation Area Board, Consultant Community, affected City staff, builders, Chamber of Commerce, Board of Zoning Appeals and general public November Planning Commission Public Hearing (November 12, 3003) City Council Public Hearing and adoption of Revisions and Transition Rules danuary Revisions in effect Mr. Bernick cautioned observe use of the adopted State Regulations: note the Chesapeake Bay Local Assistance Department (CBLAD) Website: www. cblad, state, va. us or Phone: 1 (800) CHESBAY. The Draft City Program Revisions amendments to Section 200 of the City Zoning Ordinance appear: http://www, vbgov, com/dept/planning/current/planning/novO3 While this is a State mandated program, there are no resources from the Commonwealth. November 4, 2003 -5- CITY MANAGER'S BRIEFING CLUB 121 3:26 P.M. ITEM # 51855 Vice Mayor Jones requested Deputy Chief dames Cevera to provide information relative Club 121, located on Broad Meadows Boulevard and Wesleyan Drive. There has been an ongoing investigation relative this Club. Normally, there are a number of Alcohol Beverage Control (ABC) establishments which typically year-by-year have certain problems. No particular nightclub or establishment is targeted. These establishments are identified by their behavior, calls of concern and disturbance around the surrounding area. Voluntary compliance is requested by the management concerning particular issues. If this does not work, intervention strategies (i. e. gun interdiction, narcotics violations in parking lots) will be established specific to that individual Club's need. When sufficient infractions occur and strict enforcement is necessary, the Police can appeal to the ABC Board for revocation of license or institute a common nuisance charge against the nightclub which could result in closing the facility permanently. The Police do not wish to become the private security for the nightclub. However, this must be weighed against the quality of life in the surrounding neighborhood. Fire investigators are also used to assist in the investigation and do coordinate with both the City Attorney and Commonwealths Attorney's office on a routine basis. Relative Club 121, there have been one hundred (100) citizen complaint telephone calls over a six-month period or one hundred thirty-six (136) calls over a one-yearperiod. The majority are nuisance calls i.e. too much noise. Over the last year, the nightclub has changed owners. Assistant City Attorney Kathy Rountree was able to take the previous owner to the ABC Board and secure a violation on that particular establishment. The facility changed hands, names and management. Thus, the case. has to be rebuilt. The process with the Alcoholic Beverage Control Board usually entails, with appeals, six (6) months to a year. The officers of the Third Precinct worked diligently to build up a case against the original bar. Since this past Summer, the Police Officers have been active, not only at this establishment but other locations. There have been a number of weapons and narcotics violations. The Police had attempted to have legislation passed requiring an establishment have security, both internal and external, based upon the size of the crowd. If there was willful negligence on the owners 'part and if continuedpolice response was necessary, an administrative charge would be incurred levied by the City. Unfortunately, the Restaurant Association did not concur and this State legislation was not introduced. Concerning a Club being declared a nuisance, the three (3) criteria involve open prostitution, narcotics violations and weapons violation. Deputy Chief Cevera advised the Police coordinate closely with the Fire Investigators who inspect the entire city. There are three (3) or four (4) State Alcoholic Board lnvestigators. There were two (2) major incidents relative this Club. A Police Officer was shot and then a Security Guard was killed afier falling off the hood of a car (driven by a 17-year old) into oncoming traffic.. Deputy Chief Cevera advised a firearm is not allowed in an establishment serving alcohol. At many of these facilities, weapons are kept inside the vehicles on the outside of the premises. Mayor Oberndorf advised the public is looking for an immediate response to individuals living on the wrong side of the law. The City Attorney advised the City does not have authority to immediately close a nightclub or bar. The only agency which might have that authority is the Alcoholic Beverage Control Board. Assistant City Attorney Kathy Rountree is the Public Safety Attorney. Deputy Chief Cevera advised if there is an incident emanating from a bar/nightclub, the Police can advise the Club's Manager to shut down for public safety. This is accomplished on occasion i.e. the Fourth of duly weekend. However, this cannot be done permanently without administrative due process. November 4, 2003 -6- CITY MANAGER'S BRIEFING CLUB 121 ITEM # 51855 (Continued) Deputy Chief Cevera advised, through diligence, approximatelyfive (5) or six (6) key establishments in the City have been closed over the last two (2) years. These establishments probably have more violent crimes than all the other establishments combined. Sometimes the landlord has been pressured which has resulted in two establishments at the Resort Area being shut down by the landlords. The City Attorney advised Assistant City Attorney Rountree files objections for certain establishments applyingfor ABC licenses (primarily in the Resort District). The Alcoholic Beverage Control Board conducts an investigation on each application. The primary objection of the City Attorney's office has been the concentration of too many ABC licenses in a particular area. On this particular issue, the City has never been successful with objections. The Alcoholic Beverage Control Board has advised they are not willing to regulate. Assistant City Attorney Kathy Rountree advised a provision in the State Code advises a City can object to the ABC Board based on the number of licenses in the area. The ABC Board has advised there is no defined number of bars allowed in a location. The City Attorney quoted State Code Section 4.1128: "No county, city or town shall adopt any ordinance or resolution which regulates or prohibits the manufacturing, bottling, possession, sales, distribution, handling, transportation, drinking, use, advertising, or dispensing of alcoholic beverages in the Commonwealth. "Therefore, the Code reserves the right to regulate these establishments to the State ABC Board.. Mayor Oberndorf advised a number of Mayors in other cities actually publish the name of the individuals or places involved in prostitution, narcotics, etc. The City Attorney advised certain objective criteria can be published in the newspaper. The Beacon used to publish names of individuals convicted of Driving Under The Influence (DUI). The City Attorney referenced the previous recommendation or proposed Legislation re Conditional Use Permits for establishments selling alcoholic beverages. On August 12, 2003, City Council, ADOPTED, a Resolution, AS REVISED, to include other zoning areas within the city. Resolution to REFER to the Planning Commission proposed amendments to Sections 111, 233.1, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO) re Conditional Use Permits for sale of alcohol in the RT-1, RT-2 and RT-3 Resort Tourist Districts. Any establishment in the Resort Area would require a Conditional Use Permit to sell alcoholic beverages on or off premises. Any establishment in the remaining zoning districts would require a Conditional Use Permit on premises. This Ordinance is being considered relative a solution to behavioral problems. However, there are only about six (6) problem establishments per year, which is a constant figure. November 4, 2003 CITY -7- MAN~4 GER 'S BRIEFING CLUB 121 ITEM # 51855 (Continued) On October 28, 2003, the City Attorney advised the City Council he believed this course of action should not be pursued. Through discussions with the Restaurant Association, a better coarse of action was suggested. The City Attorney suggested Conditional Use Permits for ABC Licenses not be considered for the Community Legislative Agenda. Zoning matters should only be considered from a land use standpoint. The Ordinance, currently at the Planning Commission, should be reviewed for amendments. A Zoning Ordinance currently exists for establishments serving alcoholic beverages and minors are excluded during any part of the day in the Resort Area. Minors are excluded from establishments serving alcoholic beverages if within 500feet of a residential area. After meeting with DepuO, Police Chief Cevera and City inspectors, the formation of an interagency commission was suggested to deal with the six (6) to ten (1 O) establishments which have constant behavioral problems. A group is needed to review Alcoholic Beverage Control (ABC) applications and ongoing ABC problems. This group could be composed of representatives of Police, Fire, Health, Building Inspectors, and an Agent from the ABC Board. ,,t meeting has been scheduled with the ABC Commissioner re sensitivity to the City's resort status and for the City to clearly understand their enforcement procedures. If City Council desires, the Conditional Use Permit process could be reconsidered. However, the Zoning Administrator would basically be THE behavioral monitor. A Conditional Use Permit process could limit the hours of an establishment. Vice Mayor dones believes the City Council should consider the Conditional Use Permit process. While he realizes all the current establishments are grandfathered, over time this process would provide control over a significant number of establishments. Under existing state law, the only agency that can cease the operation of this Bar is the Alcoholic Beverage Control (ABC) Board. Deputy Chief Cevera advised the Police Department does have the ability to enforce certain ABC laws. When the Officers are deputized under Federal Law, the law is very specific relative actions of the Police. This possibility can be explored. November 4, 2003 -8- AGENDA RE VIE W SESSION 4:19 P.M. ITEM # 51856 K. 1. Ordinance to APPROPRIATE $11,750,000 in FY 2002-03 School Reversion Funds: a. $4,000,000 b. $2,250,000 c. $2,000,000 d. $1,500,000 e. $1,500,000 f. $ 5oo, ooo School Plant and Supply Services Facility Telecommunication Infrastructure Replacement Security of the Instructional and Administrative Network Systems Standards Of Learning (SOL) Incentive Funds Purchase of Buses and Various Vehicles Increased Computer Network Security and On-line Student Assessment Council Lady Wilson inquired relative the other reversion funds identified and appropriated. Victoria Lewis, Chief Financial Officer- Virginia Beach City Public Schools, advised there are two different requests from the same reversion amount. On August 15, 2003, the School Board was presented with a summary of the unaudited financial statement for FY2002-03 realizing $12,198, 021 in reversion funds. The reversion funds are the result of $5, 776, 645 in additional revenue and $6,421,3 76 in expenditure savings. These are the only reversion funds from FY2002-03. Because part of the original reversion request included a desire on the Board's part to fund a special reserve fund, thatportion of that reversion is contained in a separate ordinance. The reversion funds are strictly school operating budget funds. The "over budget" funds are being presented to the School Board on November 5, 2003, and will be scheduled for a City Council Session in December. ITEM # 51857 Ordinance to ESTABLISH the Special Revenue Fund- School Reserve in the FY2003-04 Operating Budget; and, APPROPRIATE $448,021 of FY 2002-03 School Reversion Funds to the Special Revenue Fund-School Reserve Fund Vice Mayor Jones advised the Virginia Beach School Board adopted a resolution on October 7, 2003, requesting the appropriation of $448,021 of the reversion funds for establishment o fa new Special Reserve Fund. At the end of the year, this will be placed in the Special Reserve Fund Balance and will remain similar to the City's General Fund Balance. The Virginia Beach School Board has enacted a policy that states upon the request of eight 65) members of the Board, and a City Council appropriation, funds may be expended. The policy limits the accumulation of 2% of the Virginia Beach School's budget. Mayor Oberndorf inquired if this was an interest bearing account. Ms. Lewis advised School Board funds are required to earn interest. November 4, 2003 -9- AGENDA RE VIEW SESSION ITEM # 51858 K. 5. Resolution to ESTABLISH The Old Beach District Master Plan Advisory Committee Council Lady McClanan will vote NAY on this item. Council Lady McClanan expressed concern in view of the low Oceanfront assessments in relation to the residential assessments. Council Lady McClanan spoke with the retail consultant relative utilizing the high density apartments as a part of the 19th Street development plan. Council Lady McClanan wished improvements; however, is not convinced the maximum return on the investment will be received. Council Lady McClanan wished to see more results from other public/private projects at the Oceanfront. Mayor Oberndorf referenced attending the two-day Urban Land Institute (ULI) Conference in Reston, Virginia, relative creating centers of excellence in cities for shopping living and entertainment. Near the hotel in Reston, upper scale retail are located on the ground level with very nice loft apartments located above the retail. ITEM # 51859 B Y CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION K. 1. Ordinance to APPROPRIATE $11, 750, 000 in FY 2002-03 School Reversion Funds: a. $4,000,000 b. $2,250,000 c. $2,000,000 d. $1,500,000 e. $1,500,000 f $ 500,000 School Plant and Supply Services Facility Telecommunication InJhastructure Replacement Security of the Instructional and Administrative Network Systems Standards Of Learning (SOL) Incentive Funds Purchase of Buses and Various Vehicles Increased Computer Network Security and On-line Student Assessment Ordinance to ESTABLISH the Special Revenue Fund- School Reserve in the FY2003-04 operating budget; and, APPROPRIATE $448,021 of FY 2002-03 School Reversion Funds to the Special Revenue Fund-School Reserve Fund. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Southeastern Public Service Authority (SPSA) for the operation of "White Goods" recycling facility at Landfill II and enter into a lease for forty-eight (48) acres of land at Landfill II for the construction and operation of a compost/mulch processing facility. November 4, 2003 -10- AGENDA RE VIEW SESSION ITEM # 51859 (Continued) Ordinance to APPROVE the MODIFICATION re the Virginia Beach Development Authority's obligation to purchase Block 10 Parking Garage in Phase II of the Town Center project; recommend APPROVAL by the Virginia Beach Development Authority; and, AUTHORIZE the preparation of Supplemental Phase II project documents. Resolution to ESTABLISH The Old Beach District Master Plan Advisory Committee Council Lady McClanan will vote NAY on Item K. 5. November 4, 2003 -11- COUNCIL LIAISON REPORTS 4:35 P.M. ITEM # 51859 Councilman Reeve distributed to City Council for their review, a copy of the Senior Citizen Real Estate Tax Relief Task Force Report. The Senior Citizen Real Estate Tax Relief Task Force will brief the City Council on December 2, 2003. Council Members Maddox and Villanueva are also Council Liaisons to the Task Force. ITEM # 51860 Council Members Schmidt and Wood attended the first Virginia Beach Performing Arts Theatre Advisory Committee meeting, Economic Development Department, Tenth Floor, TownCenter, Monday, November 3, 2003, at 5:30 P.M. Mayor Oberndorf advised Councilman Wood's mother, Dorothy L. Wood, is the Chair and Helen Dragas is the Vice Chair. Mrs. Dragas, is also serving on the Virginia Department of Transportation Board. November 4, 2003 - 12- CITY COUNCIL COMMENTS 4:39 P.M. ITEM # 51861 Council Lady Eure thanked the Mayor and City Council for touring the Landfill at Centerville. Even on a cloudy day, the Oceanfront and the City of Norfolk can be viewed from the Landfill. Council Lady Eure appreciates the endeavors of Wade Kyle, Fleet and Waste Management Administrator, and his staff. ITEM # 51862 Councilman Schmidt advised the driving of the piles for the Thirty-first Hotel will be completed today, November 4, 2003. ITEM # 51863 Councilman Reeve extended appreciation to the Mayor and Council Lady Wilson for officiating at the Grand Opening of the Mount Trashmore Skate Park. There were approximately 300participants hoping to skate on this day. Concern was expressed re additional parks to diffuse the crowding. This park has been utilized every single day. Council Lady Wilson advised safety equipment is needed and suggested rental of this equipment might be considered. Councilman Reeve discussed thL~ concern with Cindy Curtis, Director - Parks and.Recreation. Ms. Curtis advised they wish to build a small kiosk for the attendant and will include rental helmets. Mayor Oberndorf advised there was a skateboard facility several years ago at Mount Trashmore (a bowl type). When this facility feel into disrepair, the skateboard facility was dismantled ITEM # 51864 Council Members Schmidt and Diezel attended the Grand Opening Ceremonies of the Special Olympics Games on Saturday, November 1, 2003. There were over seven hundred (700) participants. Special Olympics continues topartner with the Knights of Columbus and various corporate sponsors, dim Brickman, a resident, was named the Special Olympics Virginia Volunteer of the Year. November 4, 2003 -13- CITY COUNCIL COMMENTS ITEM # 51865 Council Lady McClanan requested an analysis "in writing" of the clean-up process re Hurricane Isabel relative both the status and funds expended. Council Lady Wilson advised Dean Block Director of Public Works, wished Council Members to advise him of any pockets of debris which have not been collected. Mayor Oberndorf referenced Wade Kyle advised approximately I-MILLION cubic yards of debris has been turned into mulch. The City Manager advised twopasses have been completed throughout the City with a few spots missed. Any remaining material, citizens can advise and the regular route drivers will note locations of piles of debris. ITEM # 51866 Mayor Oberndorf congratulated David Sullivan, Chief lnformation Officer and staff for receiving the award on October 2003, re the 2002 International }Feb Page Awards Competition: www. vbgov, corn Vbgov. corn was the only local government Web site to be recognized. The website was the winner of a "Certificate of Creative Achievement". This is the first time VBgov. corn registered as aparticipant in this competition. It was competing with design firms, ad agencies, major magazines, etc. from across the globe, including entries from Australia, Argentina, Austria, Belgium, Canada, China, Denmark, Egypt, Ecuador, England, Finland, France, Germany, India, Italy, Japan, Malaysia, New Zealand, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, The Netherlands and The United States. ITEM # 51867 Mayor Oberndorf congratulated Dennis Craff on his new position as Director of Communications for the City of Suffolk. Dennis Craft was the Media and Communications Coordinator III for Virginia Beach. Dennis has been an asset and his professionalism and skills will be missed. November 4, 2003 -14- ITEM # 51868 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 4, 2003, at 4:47P. M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Rosemary Wilson, Peter W. Schmidt and James L. Wood Council Members Absent: Ron A. Villanueva November 4, 2003 - 15- ITEM # 51869 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose(s) PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Chesapeake Bay Preservation Area Board Minority Business Council Old Beach District Master Plan Advisory Commission Parks and Recreation Commission Performing Arts Theatre Advisory Committee Tidewater Regional Group Home Commission Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real propertyforpublic purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Princess Anne District Bayside District Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION. Voting: I0-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Rosemary Wilson, Peter W. Schmidt and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Recess: 4:47 - 4:58 P.M.) (Closed Session: 4:58 - 5:30 P.M.) (Dinner: 5:30- 6:00 P.M.) November 4, 2003 -16- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL November 4, 2003 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 4, 2003, at 6.'00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Ron A Villanueva [ELECTION DA Y] INVOCATION: Reverend Sidney Nelson Saint Timothy Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 4, 2003 Item V-E. 1. -17- CERTIFICATION OF CLOSED SESSION ITEM # 5187O Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51869, page 15, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3 711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 'Ruth Hodges ~(nitfa, MMCA City Clerk November 4, 2003 - 18- Item V-F. 1. MINUTES ITEM # 51871 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, City Council APPROVED the Minutes of the INFORMAL and FORMAl, SESSIONS of October 28, 2003. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Ron A. Villanueva Council Lady McClanan ABSTAINED as she was absent during the City Council Session of October 28, 2003, due to the death of her mother, Goldie Salyers. November 4, 2003 - 19- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM it 51872 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 4, 2003 Item V-H. 1. - 20 - MA YOR 'S PRESENTATION ITEM # 518 73 Mayor Oberndorf introduced Dr. Mitchell Miller, Chair - Trauma Center Task Force. Dr. Miller is the first Virginia Beach physician to become the President of the Virginia American Medical Association (AMA). Dr. Miller expressed appreciation to the Mayor and City Council relative the opportunity to share the deliberations on The Virginia Beach Trauma Center Task Force. The concern expressed by the Mayor and City Council was the driving force is helping to restore Level 2 Trauma Services to the City. Dr. Miller summarized his report distributed to City Council. The Trauma Task Force met on three occasions and the wise advise of Council Members Diezel, Eure and Wilson, as valuable to their deliberations, Sentara officials expressed willingness to attempt to restore trauma services to a level consistent with a Level 2 designation in an urgent manner by completing negotiations with key physicians as expeditiously as possible. This culminated in their announcement on October Third that trauma services at a level consistent with Level 2 trauma designation would be reactivated at Virginia Beach General Hospital on October 6, 2003. While no formal request to state authorities has yet been made, Sentara also represented utilization of their best efforts to recruit additional trauma surgeons to ensure the stability of the physician trauma team with the exception of reapplying for Level 2 designation within fifteen (I5) months, if not sooner. Dr. Miller reiterated the Task Force's recommendation to City Council: City Council consider the formation of a Health Care Advisory Committee to assist the City Council in understanding and evaluating relevant health care issues and in providing such ongoing monitoring of the health care environment in Virginia Beach as City Council determines appropriate. Dr. Miller distributed a copy of the Draft Proposal for this Health Care Advisory Committee. November 4, 2003 -21 - Item VoI. 1. PUBLIC HE,4RING ITEM # 51874 Mayor Oberndorf DECL,4RED ,4 PUBLIC HEARING: COMPREHENSIVE PL,4N (Recommended and Certified by the Planning Commission) The following registered to speak: Tom Coghill, 804 Surfside Avenue, Phone: 422-3425, requested the Comprehensive Plan be amended and bicycle lanes added D. A. Ablowich, 4176 Charity Neck Road, Phone: 721-3052, requested advocacy for a Redevelopment Housing Authority be removed and he City concentrate on existing community revitalization procedures Teresa Orr, 3149 Clarke Drive, Phone: 478-4703, President- Board of Directors, Courthouse Estate Homeowners Association, requested the West Neck Parkway extension be removed from the Master Transportation Plan John H. McKee, 208 Consul Avenue, Hone: 497-5143, President - 650-member Tidewater Bicycle Association., spoke in support of bicycle lanes Fred Adams, 1548 Edgewater Drive, Phone: 467-2 775, represented the Tidewater Bicycle Association and spoke in support of bicycle lanes Ralph Ricardo, 2836 Pleasant Acres Drive, Phone: 427-9411 and owner of property at 2580 Shore Drive, spoke in OPPOSITION to Section 201-B of the City Zoning Ordinance which requires all setbacks be measured from the right-of-way widths depicted in the Comprehensive Plan instead of the owners' property line where the plan's width is greater Suzan Vaughan, 915 Goldsboro Avenue, Phone: 422-0451, Member-Board of Directors, Rudee Inlet-Owl Creek Watershed Partnership. Ms. Vaughan requested development of an Owl Creek Watershed Management Plan and continued cooperation with the Rudee Inlet-Owl Creek Watershed Partnership. Said statement is hereby made a part of the record. Edward Fowler, 2 753 Livingston Loop, Phone: 42 7-3235, represented Courthouse Estates, requested deletion of the southernmost portion of the proposed West Neck Parkway from the Master Transportation Plan. Petitions in Opposition are hereby made a part of the record. Sal Peguato, 2676 Alameda Drive, Phone: 430-1625, represented Courthouse Estates, requested deletion of the southernmost portion of the proposed West Neck Parkway from the Master Transportation Plan Claudia Cotton, 2117 Smith Avenue, Chesapeake, Phone: 420-2434, Ext261, represented the Tidewater Builders Association, supported the revitalization and redevelopment strategies outlined and encouraged more housing. Said statement is hereby made a part of the record. Kelly Lamar, 1636 Grey Friars Chase, Phone: 471-1090, President - Bellamy Plantation Civic League, expressed conceptual agreement with the Comprehensive Plan, but is concerned re its lack of application in Kempsville November 4, 2003 Item V-I. 1. PUBLIC HEARING - 22 - ITEM # 51874(Continued) Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, expressed concerns relative the density of Sandbridge, reinstatement of Nimmo VII to the Master Transportation Plan and management of growth John Moss, represented the Virginia Beach Taxpayers Alliance and strongly encouraged development of a transportation plan first and then review the land uses to be implemented Attorney R. Edward Bourdon, Pembroke One Building, 5th Floor, Phone: 499-897.1, requested deletion of the southernmost portion of proposed }Vest Neck Parkway from the Master Transportation Plan, urged review of Shore Drive, east of Great Neck Road widened to a six-lane roadway: and, requested a zoning ordinance that would comply with the Comprehensive Plan Willis Harold, 4821 Dolton Drive, Phone: 499-4867, expressed concern relative the Bonney Road West Corridor and referenced an e-mail from Thomas Pauls, Comprehensive Planner, dated October 21, 2003 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 4, 2003 - 23 - Item V-I. 1.2. PUBLIC HEARING ITEM # 51875 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPOSED AMENDMENT TO THE FY 2003-2004 CAPITAL BUDGET re $10,250,000 in School Reversion Funds. The following registered to speak: John Moss, represented himself advised 85% of the Virginia Beach School Board's budget is composed of salaries. The majority of funds accumulated (end of year balance) is derived from under execution of budgeted salaries. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC November 4, 2003 - 24- Item V-K. ORDINANCES/RES OL UTION ITEM # 518 76 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Ordinances 1, 2, 3, 4 and 5 of the CONSENTAGEND,4. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba $. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva Council Lady McClanan voted NAY on Item K. 5 (Old Beach District Maser Plan Advisory Committee) November 4, 2003 Item V-K. 1. ORDINANCES/RESOL UTION - 25 - ITEM # 518 77 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE $11,750, 000 in FY 2002-03 School Reversion Funds: a. $4,000,000 b. $2,250,000 c. $2,000,000 d. $1,500,000 e. $1,500,000 f. $ 500,000 School Plant and Supply Services Facility Telecommunication Infrastructure Replacement Security of the Instructional and Administrative Network Systems Standards Of Learning (SOL) Incentive Funds Purchase of Buses and Various Vehicles Increased Computer Network Security and On-line Student Assessment Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 AN ORDINANCE TO APPROPRIATE $11,750,000 IN FY 2002-03 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO THE FY 2003-04 SCHOOLS OPERATING BUDGET AND FY 2003-04 CAPITAL IMPROVEMENT PROGRAM AND TO ESTABLISH CIP PROJECT #1-082, "PHASE I ALTERNATIVE E DUCAT ION FACILITY ( SCHOOL PLANT AND SUPPLY SERVICES FACILITY)" 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O WHEREAS, a total amount of $12,198,021 in FY 2002-03 Virginia Beach Public School reversion funds are available for appropriation; and WHEREAS, by resolution dated October 7, 2003, the School Board formally requested the City Council to approve the appropriation of school reversion funds to the FY 2003-04 Capital Budget and School Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP Project #1-082, "Phase I Alternative Education Facility (School Plant and Supply Facility)," is hereby established. 2. That $11,750,000 in school reversion funds are hereby appropriated from the General Fund to the FY 2003-04 Capital Budget and School Operating budget in the amounts and for the purposes set forth below: (a) $4,000,000 to CIP Project #1-082, "Phase I Alternative Education Facility (School Plant and Supply Services Facility)"; (b) $2,250,000 to CIP Project #1-030, "Telecommunications Infrastructure Replacement," 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 for various telecommunications infrastructure improvements; (c) $2,000,000 to CIP Project #1-196, "Instructional Technology," to examine the security of the instructional and administrative network systems; (d) $1,500,000 to the FY 2003-04 Schools Operating Budget, Instructional category, for SOL Incentive Funds, which are provided to schools as recognition for efforts in meeting Standards of Learning requirements; (e) $1,500,000 to CIP Project #1-011, "Equipment and Vehicle Replacement," for the purchase of 20 replacement buses and various replacement supply vehicles, school plant vehicles, and fleet vehicles; and (f) $500,000 to CIP Project #1-195, "Student Data Management System," for increased computer network security and online student assessment. 3. That estimated revenue from use of the Fund Balance of the General Fund is increased by $11,750,000. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4th day of November , 2003. CA-9036 Ordin/Noncode/Reversionord.wpd R3 - October 27, 2003 A~u~OVED AS TO CONT~T: ~ APPROVED AS TO LEGAL SUFFICIENCY: Management Services /~""'-- City Attorney's O~fic'e IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD David D, E~a~de Dblr~ 1 - Cefll~ib 1513 Beachview VA ae~, VA Ndl L Rose 1~7 H~s VAB~, VA JMo 8. B~ ~ 6 - B~h VA 9e~, VA 4~ ~7 as~ 5- L~ VA ~h. VA ~911 (h) 4~~D~ ~7-2~ (h) ~4-~ VA~,YA ~ VA ~,VA ~167(h) ~W,~ VA~,VA ~ 4~ ~).~T~) ~T,T~ . . 14~ O~ ~e VA~VA ~ ' ~7-~~ VA h~, VA SUPERI~ENDENT ~12~~ VA~VA RESOLUTION REGARDING FY 2002/03 REVERSION FUNDS WHEREAS, On August 15, 2003 the School Board was presented with a summary of the un- audited financial statement for FY 2002/03 realizing $12,198,021 in reversion funds; and WHEREAS, the reversion funds are the result of $5,776,645 in additional revenue and $6,421,376 in expenditures savings; and WHEREAS, the Administration recommends the following uses for the $12.2 million in reversion funds: · $ 2,000,000 for the annual commitment to the Instructional Technology Replacement Cycle (Note a) · $1,000,000 for the purchase of replacement buses · $ 500,000 for the purchase of replacement vehicles $ 2,250,000 for Telecommunications Infrastructure improvements $1,500,000 for SOL Incentive funds · $ 250,000 for Computer Network Security · $ 250,000 for On-line student assessment · $ 4,000,000 for Phase I of the Alternative Education Facility (School Plant and Supply Services Facility) · $ 448,021 to begin funding the Special Reserve Fund for Schools (Note b); Now, therefore, be'it RESOLVED: That the Board approves the recommended uses of the additional FY 2002~03 reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That a copy of this resolution bespread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. "'Adopted by the School Board of the City of Virginia Beach this'7~h day of October 2003 S'E A L Daniel D~ EdwaTd-s, Chairrrlan ' ' Attest; .,.._: Dlanne P. Alexander, Clerk of the Board :, ..' , ~'~, Tho Instructional Technology Fund isa perpetual fund similar to the Textbook_~..:"'i~' ' "::":.i::.'''- Note a: Additional funds may be required in order to sustain the expenditure level maintain the program. .: ..... , ;..~;; Note b: Additional funding is antidpated from FY 2002/03 Actual-over-Budget funds Revenue Sharing Formula in order to increase the money in this School Administration Buildin~ · 2512 Georse Mason Drive · R O. Box 6038 - Virginia Beach, VA 23456-0038 - 26- Item V-K.2. ORDINANCES/RES OL UTION ITEM # 518 78 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ESTABLISH the Special Revenue Fund-School Reserve in the FY 2003-04 Operating Budget; and, APPROPRIATE $448,021 of FY 2002-03 School Reversion Funds to the Special Revenue -School Reserve Fund Voting: ! 0-0 (By ConsenO Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter IV. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO ESTABLISH THE SPECIAL REVENUE FUND-SCHOOL RESERVE IN THE CITY'S FY 2003-04 OPERATING BUDGET AND TO APPROPRIATE $448,021 OF FY 2002-03 SCHOOL REVERSION FUNDS TO THIS FUND WHEREAS, on May 6, 2003 the School Board amended School Board Policy # 3-28 concerning the establishment of a reserve fund; and WHEREAS, on October 7, 2003 the School Board passed a resolution requesting the appropriation of $448,021 in FY 2002-03 school reversion funds to a reserve fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia: 1. That a new fund, known as the "Special Revenue Fund- School Reserve," is hereby established in the City's accounting structure. 2. That $448,021 of FY 2002-03 school reversion funds is hereby appropriated from the fund balance of the General Fund to the Special Revenue Fund-School Reserve, with estimated revenues increased accordingly. 3. That any expenditure of funds from the Special Revenue Fund--School Reserve shall require a resolution approved by eight members of the School Board, as described in School Board Policy # 3-28, "Revenue Fund," and shall also require a subsequent appropriation by the City Council to the appropriate category of the School Operating Budget or capital improvement project in the Capital Budget. 28 29 30 31 32 33 4. That additions of funds to the Special Revenue Fund-School Reserve or its fund balance shall require a resolution adopted by the School Board and an appropriation by the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of November , 2003. CA-9037 Ordin/Noncode/Reserveord.wpd R6 - October 30, 2003 narO~ a% t~~nt Approved as to Legal Sufficiency gemen~ ~ervices~~- City Attorney's~O~fice V Policy 3-28 - Special Reserve Fund Page 1 of 1 School Board of the City of Virginia Beach Policy 3-28 BUSTNE$S AND NONI'NSTRUCTI'ONAL OPERATZONS Reserve Fund A. Generally In order to be in a better position to respond to (i) unexpected shortfalls in state or federal funding, (ii) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget, or (iii) other fiscal emergencies, the board shall set aside a reserve for contingencies (hereinafter "Reserve Fund" or "Fund") up to two (2) percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the board's requirement for any expenditures to be made from the Fund. B. Policy 1. The board may direct that funds from interest earned on the Reserve Fund balance, year-end reversions, actual-over-estimated revenues, the sale of excess school property, or other sources approved by the board and city council be used to supplement the Fund subject to the council's appropriation of these additional funds to the board for this purpose. 2. Any expenditure of funds in the Reserve Fund shall require a resolution adopted by eight school board members (two-thirds majority of the members of the board) such resolution shall state the purpose(s) of the expenditure, and the total amount to be expended. 3. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by city council annually as part of the school operating budget, and any funds that the board desires to be added to the Fund during the fiscal year must also be appropriated by city council. Legal Reference: Code of Va., § 22.!-~18. O1[ what school funds to consist. Code of Va.. ~ 22.~t-94. A0oro0riations bY countY, city or town governing body for 0ublic schools. Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 0 0 0 0 0 0 http://10.90.85.47/Areas/Policies/Section~203 ~20- ~20Business ~20Operations/Article ~20III~... 7/28/2003 Fact Sheet School Reserve Funds What is a Reserve Fund: Reserves for Contingencies are generally used within the City to provide funding for unanticipated expenditures. The reserves are backed through the annual appropriation of current revenue by the City Council in the budget process. The City's current reserve for contingencies policy allows the budgeting of 1/2%-1% of general fund expenditures, but in reality only about $1.5 million is appropriated every year. A Fund Balance is different than the reserve for contingencies. Fund balances are not appropriated on an annual basis, but accrue from year to year. Fund balance is backed by undesignated funds, and current Council policy requires the General Fund balance to be 75%-100% of the preceding year's debt service. The policy also restricts the use of fund balance to only one- time expenditures. What is Being Discussed: The School Board is proposing a School Reserve Fund. Based on conversations with School's staff, the School Reserve Fund is really a Fund Balance to be maintained at a level no greater that 2% of the previous year's School Operating Budget. The adoption of School Board Policy 3-28, "Reserve Fund" the School Board is desiring the ability to set aside up to 2% of the previous year's School Operating Budget into a fund balance. Currently, the School's operating fund is prohibited from maintaining a balance. How Could the Reserve be Built: The fund balance would be built primarily through the use of reversion funds. Reversion funds come from three sources. 1) Unspent appropriation at the end of the fiscal year. Unspent appropriation occurs through a number of ways, efficiency savings, vacancy savings, and lower equipment bids than anticipated. 2) Through better than anticipated revenue performance, revenue that was received over the estimated amount. 3) Through the "true up" at the end of the year, where the revenue sharing formula revenues are evaluated on an actualized basis, and any additional revenue over the estimated amount is provided to Schools. Current Council policy is to provide all of these funds back to Schools through the appropriation of reversion funds for expenditure within the new fiscal year. If City Council chooses to allow a fund balance, the School Board could request a portion of the reversion funds to be directed to the School Operating Fund Balance. How Could the Fund Be Used: The School Board Policy does not comment specifically on the uses, but specifies that the funds shall be maintained to respond to 1) unexpected shortfalls in state or federal funding, 2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, or 3) other fiscal emergencies. The policy also states that any expenditure of these funds will require a resolution, specifically stating the purpose and amount, adopted by eight school board members and then appropriated by City Council. Legal Issues: Currently the state law requires that all funds not expended by the Schools will be returned to the locality for re-appropriation as the governing body determines. In shod, § 22.1-1001 states that the Schools must return unspent local funds to the City, however current policy provides for a full reversion of those funds back to schools. I § 22.1-100. Unexpended school and educational funds. -- All sums of money derived from the Commonwealth which are unexpended in any year in any school division shall revert to the fund of the Commonwealth from which derived unless the Board of Education directs otherwise. All sums derived from local funds unexpended in any year shall remain a part of the funds of the governing body appropriating the funds for use the next year, but Fact Sheet 1 School Rese~e Fund -27- Item V-K.$. ORDINANCES/RES OL UTION ITEM # 51879 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute an agreement with the Southeastern Public Service Authority (SPSA) for the operation of "White Goods" recycling facility at Landfill II and enter into a lease for forty-eight (48) acres of land at Landfill II for the construction and operation ora compost/mulch processing facility. Voting: 10-0 (By ConsenO Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: non A. Villanueva November 4, 2003 3- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY FOR THE OPERATION OF THE APPLIANCE ("WHITE GOODS") RECYCLING FACILITY AND A LEASE FOR A COMPOST /MULCH FACILITY AT LANDFILL II WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land located at 1989 Jake Sears Road in Virginia Beach, Virginia and known as Landfill 11 II; 3.2 WHEREAS, pursuant to Virginia Code § 15.2-5148, the City and the Southeastern Public Service Authority ("SPSA") entered into a lease dated September 26, 1990, (the "1990 Lease") of approximately nine acres at Landfill II for use by SPSA for the construction and operation of a compost/mulch (yard waste) processing facility; 16 WHEREAS, SPSA proposes to consolidate at Landfill II its existing compost/mulch processing facility leased under the 1990 Lease with its facility located in the City of Suffolk, 3- 8 Virginia; 19 WHEREAS, to effect the proposed consolidation in the future, SPSA desires to enter 2 0 into a new lease with the City for the consolidated compost/mulch processing facility at Landfill II 2 x consisting of approximately 48 acres; 22 WHEREAS, SPSA also desires to assume the operation of the "White Goods" 2 3 recycling facility at Landfill Iii at no cost to the City; and 24 WHEREAS, SPSA and City staff worked with the City Attorney to draft an 25 agreement and a lease which sets forth the responsibilities and obligations of the parties upon terms 26 and conditions mutually agreeable to all parties. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the City Manager is hereby authorized to execute an agreement with SPSA for 30 the operation of the "White Goods" recycling facility at Landfill II and a lease between SPSA and 31 the City for approximately 48 acres of land at Landfill II in accordance with the Summary of Terms 3 2 attached hereto. 33 Adopted bythe Council ofthe City ofVirginia Beach, Virginia, on the4th dayof 34 November ,2003. CA-8999 C:XDocuments and Settings\wkyleXLocal Settings\Temp\SPSA.ord2.wpd R-l l 0/14/03 APPROVED AS TO CONTENT: Department of PulTl~[ Works APPROVED AS TO LEGAL Department of Law /'1 SUMMARY OF TERMS AGREEMENT FOR THE OPERATION OF "WHITE GOODS" RECYCLING FACILITY AND LEASE FOR THE USE OF 48 ± ACRES AT LANDFILL II LESSOR: City of Virginia Beach. LESSEE: Southeastem Public Service Authority (SPSA) PREMISES: Approximately 48± acres of land at Landfill II. TERM: Initial lease term for the consolidated yard waste facility shall be from the date of execution of the agreement and lease until June 30, 2015 with 2 additional renewal terms of up to 5 years each. Any such renewal shall be at the sole discretion and option of the City. The operation of the "White Goods" recycling facility shall continue in accordance with the term of the lease. RENT: Ten Dollars per year for the initial term and any renewal term thereof. RIGHTS AND RESPONSIBILITIES OF SPSA UNDER THE AGREEMENT: Will assume the responsibility for the operation of the white goods (appliances) recycling area at no cost to the City. UNDER THE LEASE: Will use the Premises for the construction and operation of a compost/mulch processing facility (the "Facility") and no other purpose. Additionally, the hours of operation of the Facility shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday. However, the City Manager may revise the permitted hours of operation in the event of his determination of an emergency and for the duration of that event, upon notice to SPSA. Will construct the Facility and obtain all permits required at its sole cost and expense. However all construction plans must be submitted to the City for review and approval prior to the initiation of any construction of improvements. All ingress and egress to the Premises shall be by means of Jake Sears Road. Will terminate the current 1990 Lease upon final completion and commencement of operation of the new Facility and shall vacate such premises in accordance with the terms and conditions of the 1990 Lease. Will pay the City the sum of $81,691.00 in full and complete settlement and satisfaction of all unpaid amounts previously invoiced by the City under the Ash and Residue Agreement between the City and SPSA. This payment shall be made by SPSA within 60 days of the full execution of this lease by all parties. As a condition of the City's site plan approval of the new facility, SPSA will construct a buffer of trees/shrubbery of at least 50 feet around the perimeter of the facility on all areas that are not adjacent to the landfill operation. Will maintain and perform any and all necessary repairs and replacements to the Premises. Will indemnify the City for any and all claims arising from SPSA's use and occupation of the Premises, including any and all adverse environmental conditions caused by SPSA. RIGHTS AND RESPONSIBILITIES OF CITY: Will inspect the Premises for compliance with the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: The City is not required to renew either the Agreement or the Lease after its initial term. After 2018, the City may terminate at any time for any reason with 24 months written notice to SPSA. C:XDo~nmu ~nd Scui~p\wiv/l¢"J. acll Sa~n~\T,"~p~PSAl~e2.w~l Item V-K. 4. - 28 - ORDINANCES/RES OL UTION ITEM # 51880 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROVE the MODIFICATION re the Virginia Beach Development Authority's obligation to purchase Block 10 Parking Garage in Phase II of the Town Center project; recommend APPROVAL by the Virginia Beach Development Authority; and, AUTHORIZE the preparation of Supplemental Phase Il project documents. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter tV. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE APPROVING MODIFICATION TO THE VIRGINIA BEACH DEVELOPMENT AUTHORITY'S OBLIGATION TO PURCHASE THE BLOCK 10 PARKING GARAGE IN PHASE II OF THE TOWN CENTER PROJECT, RECOMMENDING APPROVAL BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY, AND AUTHORIZING THE PREPARATION OF SUPPLEMENTAL PHASE II PROJECT DOCUMENTS 12 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 13 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have 14 engaged in extensive negotiations with representatives of ArmadaYltoffier Development Company, 15 L.L.C., and its affiliates, regarding the development of a Central Business District Project known as 16 "The Town Center of Virginia Beach" (the "Project"); 17 WHEREAS, by Ordinance No. 2766A adopted June 3, 2003, after finding that Phase :1_8 I1 of the Project will stimulate the City's economy, increase public revenues, enhance public 19 amenities, further the City's development objectives for the Central Business District and provide 2 0 necessary components to further the goals contained in the City's "Guidelines for Evaluation of 21 Investment Partnerships for Economic Development", the City Council (a) approved development 22. documents for Phase II of the Project (the "Phase II Project Documents"), (lb) requested that the 2 3 Authority approve and execute the Phase II Development Documents, and (c) authorized the City 2 4 Manager to execute a Support Agreement between the City and the Authority supporting the 2 5 Authority's obligations contained in the Phase II Project Documents; 26 WHEREAS, Phase II of the Project includes Block 10, a structurally integrated 14- 2 7 story structure comprised of an 840-car, 4-story, public parking garage (the "Block 10 Parking 2 8 Garage"), on top of which will be constructed a 342-unit multi-story apartment building complex, 2 9 and around which will be constructed 42,278 square feet of ground floor commercial space; 3 0 WHEREAS, pursuant to the Phase II Project Documents, the Developer is obligated 31 to construct the Block 10 Parking Garage and the Authority is obligated to purchase the Block 10 3 2 Parking Garage from the Developer for approximately $13,500,000, upon its completion, as well as 3 3 completion of (a) the Block 10 apartment tower, (b) the Block 10 commercial space, and (c) the 34 private improvements to be constructed on Blocks 3 and 8 of the Project; 35 WHEREAS, because of the integrated structure of the improvements to be 3 6 constructed on Block 10, it is necessary that certain structural support elements for the Block 10 3 ? apartment tower (the "Structural Support Elements") be physically located within the Block 10 3 8 Parking Garage; 39 WHEREAS, to facilitate the Developer's construction financing for the apartment 4 0 tower, the Developer has requested that the Authority modify the Phase II Development Documents 41 to provide for the Authority's purchase of the Block 10 Parking Garage, to include the Structural 4 2 Support Elements at an additional cost of $2,000,000, and the subsequent and simultaneous sale by 4 3 the Authority of the Structural Support Elements to the owner of the apartment tower for $2,000,000 4 4 (the "Block 10 Modification"); 45 WHEREAS, the City Council finds that the proposed Block 10 Modification is 4 6 desirable as it allows the Developer to obtain favorable financing for the construction of the private 4 7 improvements on Block 10 which will be insured by the U.S. Department of Housing and Urban 48 Development and it has no financial impact on the Authority; and 49 WHEREAS, the City Council hereby approves the Block 10 Modification and desires 5 0 that the Authority approve the Block 10 Modification and pursue the preparation of supplemental 5 :[ Phase II Development Documents to evidence the Block 10 Modification. 52 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 5 3 VIRGINIA BEACH, VIRGINIA; 54 1. In connection with the Virginia Beach Development Authority's (the 5 5 "Authority' s") purchase of the public parking garage to be constructed on Block 10 of the Town 5 6 Center Project (the "Block 10 Parking Garage") pursuant to the development documents for Phase II 5 7 of the Town Center Project (the "Phase II Development Documents"), the City Council approves the 5 8 modification of the Phase II Development Documents to provide for the Authority' s purchase of the 5 9 Block 10 Parking Garage, together with the structural support elements physically located within the 6 0 Block 10 Parking Garage that support the Block 10 apartment tower (the "Structural Support Elements") for an additional cost of $2,000,000, and the subsequent sale by the Authority of the 6 2 Structural Support Elements for $2,000,000 to the owner of the apartment tower (the "Block 10 63 Modification"). The City Council finds that the Block 10 Modification is both a necessary and 64 desirable modification to the Authority's obligations with respect to Block 10 of Phase II of the 6 5 mixed-use commercial development project known as "The Town Center of Virginia Beach". The 6 6 Block 10 Modification will not result in a net increase of the cost of the Block 10 Parking Garage to the Authority, which by formula calculation is estimated to be $13,500,000. 68 2. The City Council recommends that the Authority adopt a Resolution (a) 69 approving the Block 10 Modification, (b) authorizing the City Manager and the City Attomey, on ? 0 behalf of the Authority, to proceed with the preparation of supplemental Phase II Project Documents 71 necessary and appropriate to implement the Block 10 Modification (the "Block 10 Modification 7 2 Documents"), and (c) authorizing the appropriate officers of the Authority to execute and deliver the 7 3 Block 10 Modification Documents to which it is a party so long as such Block 10 Modification 74 Documents are consistent with the provisions herein, do not increase the Authority's liability under 75 the Phase II Project Documents and are acceptable to the City Manager and the City Attorney. 76 3. On behalf of the City of Virginia Beach, the City Manager and the City 7 ? Attorney are hereby authorized and directed to proceed with the preparation of the Block 10 ? 8 Modification Documents. 79 4. The City Manager, or his designee, is authorized to execute and deliver any 80 Block 10 Modification Documents to which it is a necessary party so long as such Block 10 81 Modification Documents are consistent with the provisions herein, do not increase the Authority's 82 liability under the Phase II Project Documents and are acceptable to the City Manager and the City 83 Attorney. 84 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 th day 85 of November ,2003. 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 CA-9025 October 30, 2003 F:X~)ataXATY'xOrdin\NONCODE\Ordinance - Block 10 modification.doc AI~__OVED AS TO CONTENT: Finance Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney - 29 - Item V-K.$. ORDINANCES/RESOL UTION ITEM # 51881 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution to ESTABLISH The Old Beach District Master Plan Advisory Committee Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Ron A. Villanueva November 4, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION ESTABLISHING THE OLD BEACH DISTRICT MASTER PLAN ADVISORY COMMITTEE WHEREAS, on August 5, 2003, the City Council received a summary of the financial and economic analysis of the development of the Old Beach Master Plan and an update on the status of this project; and WHEREAS, it is the sense of the City Council that there should be appointed a citizens committee to study certain issues concerning the implementation of the Old Beach Master Plan, as set forth hereinbelow. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby constitutes and establishes the Old Beach Master Plan Advisory Committee (the "Committee"). BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Committee shall consist of thirteen (13) members, to be appointed by the City Council; 2. That two (2) members of City Council shall be appointed as nonvoting Council liaisons to the Committee; 3. That the Mission of the Committee is as follows: (1) to familiarize itself with the "Creating an Old Beach District Center" study dated February 14, 2003 ("Old Beach District Study") and the market analysis prepared by URS, Bus Rapid Transit studies, and any other studies pertinent to the development of the area; (2) to lead and engage the public in general and specific groups in the 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 discussion of plan design elements, with the groups to include the Resort Advisory Committee, Planning Commission, Hampton Roads Transit, and' City Council and to bring forward recommendations to City Council on the adoption of the Old Beach Master Plan, for final approval by City Council on or before January 27, 2004; (3) to work within the framework of the Old Beach District Study and with City staff and consultants to develop an aesthetics and urban design plan for the Corridor for recommendation to City Council; (4) to identify and prioritize a series of recommended projects and actions to implement the aesthetics and urban design plan, including right of way acquisition and development of linear parks; (5) to evaluate the use and feasibility of public-private partnerships to achieve the goals and recommendations of the Old Beach District Study; and (6) to investigate alternative funding sources for projects in the Corridor; and 4. That, unless extended by City Council, the Committee's mission will expire on July 1, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~th--- day of November , 2003. CA-9039 F:kDatakATYkOrdin\NONCODE\old beach.wpd R-4 - October 28, 2003 NTENT: / C~hief Financia~Officer APPROVED AS TO LEGAL SUFFICIENCY' - 30- Item V-L. 1. APPOINTMENTS ITEM # 51882 B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: MINORITY BUSINESS CO UNCIL TIDEWATER REGIONAL GROUP HOME COMMISSION November 4, 2003 - 31 - Item APPOINTMENTS ITEM # 51883 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Judith Rosenblatt Unexpired term through 12-31-05 CHESAPEAKE BAY PRESER VA TION AREA BOARD Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 Item VoL.$. - 32 - APPOINTMENTS ITEM # 51884 Upon NOMINATION by Councilman Maddox, City Council APPOINTED: At Large Convention Center Advisory Committee Planning Commission Resort Advisory Commission (RAC) Resort Community Thomas C. Kyrus MaryAnne L. Nixon (President, Lakewood Civic League) Thomas R. Pritchard Barbara G. Yates (President, Resort Beach Civic League) Michael J. Barrett Cornell Fuller Janice L. Anderson (Beach DistricO Ronald C. Ripley William D. Almond (RAC Chairman) John L. Gibson, III Andrew C. Edwards (Restaurant Association) R. Preston Midgett, H (Past President, Retail Association) Kenneth C. Taylor (President, Motel Association) OLD BEA CH DISTRICT MASTER PLAN AD VISOR Y COMMITTEE Voting: 10-0 (By ConsenO Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 Item V-L. 4. - 33 - APPOINTMENTS ITEM # 51885 Upon NOMINATION by Councilman Maddox, City Council APPOINTED: Tom Holland Louie Ochave 3 year terms 11/04/2003 - 6/30/2006 TO WING AD VISOR Y BOARD Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva November 4, 2003 - 34- Item ADJOURNMENT ITEM # 51886 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:17 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 4, 2003