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OCTOBER 5, 1999 MINUTESCity of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYb-RA F OBERNDORF Al Larq¢ VI( E MAYOR WILl lAM D SESSO~'IS JR At Latgt LIYWOOD 0 BR4¥Ctt Ill DtWrtt t 6 Beat h ~IARGARET L FURE Dt~trt( t I Ctntt rttllt I~ILLIA~ W HARRISO¥ JR Dt*.ttl 5 1 vnnha~tn HAROLD HEISCttOB£R 4t Largt BARBARA M ItENLEY Dt~tru t 7 P~tme~ Anne LOUIS R JONE¥ Dt~ltttt 4 Ba~ ~td~ REBA S t4rCLANAN Dt$trt~t 3 Ro~ ih,Il YAN( Y K PARKER At Largt 4 M (DON) WFEKg Dt~tru t 2 Kemp~vtlle /AMES K SPORE Cttv Managt t LESLIE L LILI FY Ctl¥ Attorne~ RUTH HODGE3 SMITH C~( /A,1E ('try Chtk CITY COUNCIL AGENDA . ~IA BE ' 0,~ OUR N~'[~0~ CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINI4 BbACH WRGINIA 23456 PIIONF (757) 427 4~0~ FAX (7*;7) 426 ~66t) I MAIL CTY( NCI~-~CITY VIRGINIA B~ACtl VA lIS October 5, 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM A. RESIDE WITH PRIDE - Annual Report [10 min.] Andrew Friedman, Housing and Neighborhood Preservation Director Priscilla Beede, Committee Chair James Wood, Committee Member Bo BEACH EVENTS Contract [30 min.] James B. Ricketts, Convention and Visitor Development Director II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:00 NOON A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: The Reverend Mark Delcuze Eastern Shore Chapel 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 & FORMAL SESSIONS September 28, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered tn the ordinary course of business by City Council to be enacted by one motion. H. RESOLUTIONS . Resolution to request the General Assembly establish, during its 2000 Session, a dedicated source of State funding, up to $40-Million annually, re Land Conservation and Open Space Preservation; and, provide for distribution directly to those localities having farmland and open space preservation programs in place. (Sponsored by Mayor Meyera E. Obemdorf) , Resolution to authorize the execution of a Lease Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Corrections, re Adult Probation office in the City-owned Judicial Center, subject to terms approved by the City Manager and approval as to legal sufficiency by the City Attorney. I. ORDINANCES . Ordinance to ACCEPT and APPROPRIATE $27,660 from the Virginia Department of Justice to the FY 1999-2000 Operating Budget of the Virginia Beach General District Court re necessary travel and training to study the use of Drug Courts in other jurisdictions; and, increase estimated revenues accordingly. . Ordinance to TRANSFER $460,000 from Burton Station (CIP #9-198) to the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation re providing Housing Improvement Grants to property owners in the Lake Edward and Princess Anne Plaza neighborhoods. o Ordinance to TRANSFER $350,000 from Ferrell Parkway - Phase VI (Cost Participation) (CIP #2-077) to First Colonial Road - Phase III (VDOT) (CIP #2-833) to provide funding re acquisition of property to ensure appropriate buffering from the roadway for the remaining properties. e Ordinance re an Agreement between the City of Virginia Beach and the City of Norfolk and the Chrysler Museum; TRANSFERRING $60,000 from the General Fund Reserve for Contingencies; and, APPROPRIATING $15,000 in estimated revenues to the FY 1999- 2000 Operating Budget of the Department of Museums and Cultural Arts re the operation and management of the Adam Thoroughgood House for the remmnder of FY 1999-2000. J. APPOINTMENTS HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION K. UNFINISHED BUSINESS L.. NEW BUSINESS M. 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) 09/30/99cmd AGENDA\I 0\05\99 www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~nia Beach, V~rg~n~a October 5, 1999 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re RESIDE WITH PRIDE, tn the Counctl Conference Room, Ctty Hall Building, on Tuesday, October 5, 1999, at 11 O0 A.M Councd Members Present' Margaret L Eure, Harold Heischober, Barbara M Henley, Louts R Jones, Reba $ McClanan, Mayor Meyera E Oberndorf Nancy K Parker, and A. M "Don" Weeks Councd Members Absent Vtce Mayor Wilham D Sessoms, Jr. [ENTERED: 11 05 A M ] L~nwood 0 Branch, III [ENTERED' 11' 17 A MI Wtlliam W. Harrtson, Jr [ENTERED II 15 A M] -2- CITY MANAGER'S BRIEFING RESIDE WITH PRIDE ll:OO A. M. ITEM # 45505 Andrew Frtedman, Director- Housing and Neighborhood Preservatton, advtsed RESIDE WITH PRIDE ts a public/prtvate partnershtp, tntttated by the City, to provtde a vehtcle that wtll allow cittzens, businesses and ctvtc groups to contrtbute to the improvement of the Ctty's houstng and asstst ctttzens in need. Over the years, through RESIDE WITH PRIDE, many houses have been repatred. The first response to gra. ffitt was investigated and developed, which has become on an ongoing functton of the government Cittzens and bustnesses have contributed thousands of prtvate dollars and volunteer hours toward the tmprovement of houstng tn the Ctty. Mr Friedman recogntzed the efforts of Sharon Prescott, Houstng Development Administrator. Durtng the past year, due to Sharon's efforts, the abthty of RESIDE WITH PRIDE to do its work has been stgnificantly enhanced Sharon has recrutted three volunteers who asstst in the necessary organizattonal work. Joyce Wtlliams, John Berry and Leshe Lovell They asststed the Board by hnktng people wtth houstng needs to groups of volunteers eager to make repatrs Mr Friedman tntroduced three volunteers tn attendance John Barry -Fteld Screener who assists tn the identtficatton of those tn need, Prtsctlla Beede - Founding Chatrman, who has provided a long term basts for success, and, James Wood - Committee Member and Vice President of JD & W, Inc , a construction company and Past President of Rotary Club of Cape Henry He ts also the Founding Chatrman of "Paint Your Heart Out- Virginia Beach" This organtzatton has been responsible for mobilizing a large number of cittzens and bustnesses to tmprove the Ctty's houstng Mr Wood advised RESIDE WITH PRIDE is an orgamzation that was established exclustvely to assist Vtrgtnta Beach homeowners who need a helping hand, and to help keep our Ctty beautiful. 1998-1999 was the busiestpertod in the organization's seven year history. Over 10,000 volunteer hours have been donated to the Ctty to help tmprove the ltves of elderly or dtsabled homeowners who are unable to repair thetr homes Twenty-six (26) homeowners have had thetr homes tmproved wtth assistance from RESIDE WITH PRIDE and its partners. Over the past 12 months, 247people requested asststance Most requests were tnttiated by phone and, in return, volunteers marled applicattons and other tnformatton about the program Referrals were also made by Code Enforcement Inspectors and other Department of Housing and Neighborhood Preservatton staff. A cover-page human tnterest arttcle tn THE BEACONtncreased awareness about theprogram throughout the commumty Of the 247applications mailed, 145 were returned. This ts a 59 % rate on return, and of the apphcattons reviewed, 79 met the preference for being either elderly or disabled, or both. 33% of these appltcattons received assistance, wtth preference given to elderly or chsabled low-tncome households neechng repairs. General projects are limited to exterior repatrs, but some groups have had the abihty to make repatrs on the intertor of homes as well. Returned applicattons were screened by volunteers and then forwarded to groups such as "Paint Your Heart Out" and "Impact" These community organtzattons selected projects to match thetr capactty constdertng the type of home improvement work to be done, the number of volunteers avatlable to do the work and the large donatton of matertals on hand In April 1991, "Paint Your Heart Out"painted 11 houses, made minor repatrs, repatred wtndows, repaired storage sheds, cleaned up yards and repaired fences. Over 2,250 hours of volunteer time were commttted to thts project and over 250 volunteers made it happen -donattng their ttme for a full but rewarding day's work The Rotary Clubs of Virginia Beach played a major role tn thts undertaking Rotary Clubs that parttctpated tnclude the Princess Anne, Hampton Roads and Cape Henry chapters. Mr. Wood expressed apprectation to Wade Kyle, Admimstrator - Waste Management, and his staff. The Sohd Waste dtvtston provtded yard dumpsters and made special pick-ups to assist the volunteers with several of the projects In July 1999, over 225 youth from across the state rehabilitated 17 homes through IMPACT Virginia, a project of the Virginia Baptist Mission Board. From July 18 to 24, these youthful volunteers, under adult supervision, were able to replace roofs, hang vinyl stdmg, tnstall replacement wmdows, patnt, repatr fenctng and clean up yards. Over 8,000 hours of volunteer time were committed to thts project. The cost of matertals ranged from $500 to $5,026 per home, and funds for matertals for 13 of these projects were provtded by the Department of Housing and Neighborhood Preservation. Volunteer labor enabled the Houstng Department to leverage tts funds, brtnging the average cost to $2,225 per home Mr Wood named those bustnesses whtch have supported RESIDE WITH PRIDE Burton Roofing' donated two new roofs and repaired one for the "Paint Your Heart Out" project. Enterprise Builders: Pressure-washed all of the "Paint Your Heart Out" houses to prepare them for patnttng. October 5, 1999 -3- CITYMANAGER'S BRIEFING RESIDE WITH PRIDE ITEM # 45505 (Continued) Home Quarters Hardware: Donated all of the paint, rollers, roller trays, brushes, caulk, wood and other supplies needed by thepatnt teams for their projects. Uncle Bob's Storage Conttnued their donatton of a large storage untt - enabhng Reside With Pride to store ladders, tools, paint eqmpment and other supphes used by volunteers. Wright's Construction: Tremendous amount of ttme and effort by Mr. Tom Wright to maktng IMPACT a success Golden Coral on General Booth Boulevard Donation of food to feed the 225 IMPACT youth every day. Camp Pendelton and the Virginia National Guard: Assisted with housing for the IMPA CT volunteers RESIDE WITH PRIDE looks forward to workmg with the City and other groups They are already working with the Virginia Baptist Mission Board for projects in Year 2000. A campaign for new apphcations wtll be ktcked off m November, wtth a focus on the southern part of the City Mayor Oberndo~ Members of Ctty Council and Prtsctlla Beede expressed apprectatton to James Wood and Sharon Prescott for thetr endeavors October 5, 1999 -4- CITY M/INAGER'S BRIEFING BEA CH EVENTS ll:17A. M. ITEM # 45506 James B Rtcketts, Director - Convention and Vtsitor Development, advtsed in 1991, the City entered tnto a Formal Contract wtth Ocean Occasions for a General Entertainment and Major Events Program. In 1994, the Ctty issued a Request for Proposal for the contractual renewal of the City's Entertatnment Program. On December 13, 1994, the Ctty Council authortzed the City Manager to enter into an agreement with Cellar Door Productions of Virginia, Inc , to provide the City with a General Entertatnment and Major Events Program The tnttial term of this agreement was from January 1,1995, to December 31,1996. Upon mutual agreement wtth Cellar Door and the Ctty, thts agreement was renewed for three (3) one~yearpertods wtth final renewal ending January 31, 2000. If the City wishes to conttnue thts Program, tt wtll be necessary to award a contract to a successful offeror by October 1999for the Program with tmplementatton on February 1, 2000 The General Entertainment and Major Events program has been a major influence on attracttng tourtsm and local/area vtsttation to the Oceanfront In 1998, the combtned economtc and tax impacts to the City for three (3) major events, Beach Music, Viva Elvis and the American Music Festival, totaled $3,860,00. Addendums to the tnittal agreement tncluded the Holiday Lights Program and Beach Street USA. These events contrtbuted greatly to the famtly entertatnment concept, whtch the Ctty ts commttted to promote. Vtsttation for the Holiday Lights Program reached levels of approximately 39, 000 wtth revenue of $320,000. Total budget for the contract renewal of the General Entertainment and Major Events Program will be approxtmately $1.8-MILLlON annually Fun&ngfor support of the Program wtH come from the General Fund for general entertainment ~ 10% and for major events a combined amount of 50% from TGIF and 40% from Special Hotel Tax. In response to the RFP, three firms submttted proposals' Cellar Door Productions, Rising Tide Productions and Downie Productions. Based on the RFP process and subsequent negotiations conducted wtth all the firms, an RFP commtttee recommended that the contract be awarded to Cellar Door Productions Out of a possible top score oflO0, thefirms were scored as follows RANK FIRM POINTS 1st 2nd 3rd Cellar Door Productions, Inc. 91 Rising Tide Productions 75 Downie Productions 62 There are three programming components,, rather than two' Events(of a small nature), Major Holiday Events and General Entertainment. The requtred events are the Holiday Lights Program, the American Music Festival and the Star & Strips Explosion, Beach Music Weekend and Beach Street, USA. The Ctty now estabhshes the Steertng Committee An Event and Entertainment Marketing Committee will also be created Thts Committee will be comprtsed of the Contractor, City staff and the Ctty's advertistng agency (Barker, Campbell, Farley & Mansfield). Under the proposed contract, the Ctty wtll gtve a commission or fee for any amount of funds raised However, if the $120,000, as a mimmum ts not raised, anything under $120,000 will have a 10% penalty assigned.. The Community for a Lifetime Strategy and the Virginia Beach Quality Service System guidelines was included as part of the RFP Henry Ruiz, CVD/Resort Management Office, tntroduced his fellow members of the Evaluation Committee who evaluated, ranked and short-hsted the proposals Elizabeth O'Malley CVD/Resort Management Office Rtck Rowe Parks and Recreation Lt. Tommy Baum Pohce Department John McConnell DF/Purchastng October 5, 1999 -5- CITY MANAGER'S BRIEFING BEA CH EVENTS ITEM # 45506 (Continued) Based on the outcome of the RFP process, the Commtttee determtned that Cellar Door Productions submitted the best proposal and recommended the contract be awarded to them Although not the lowest cost proposal, the Commtttee determtned that the proposalprovidedfor the opttmal "blend" of resources that would opttmtze the goals of the program fi.e., tncrease tourist visitation, enhance the experience of both tourists and c~ttzens, generate positive economic impact and provtde cultural, recreattonal and lifelong learning opportumt~es and result in the greatest return to the Ctty) The recommendation was based on the following' 2 months of hard work wtth a full revtew of each of the proposals, a full day of heartng the presentations and another full day of negotiations. Mr Ruiz demonstrated the Final Ranking on shdes. FINAL RANKING (After Negotiations) OFFERORS Evaluatton Factors Cellar Door Rtstng Tide Dowme Productions Expertence 25 15 20 Capabihty &Sktll 25 15 10 Scope of Servtces 25 20 15 Ftnanctal 16 25 17 Considerations TOTAL 91 75 62 Cellar Door has 36 years of experience in providing hve entertatnment events The firm has 5 years of chrect/contractual expertence with the Ctty 's program. It ts a large corporation with formahzed business structures The parent company (SFX) is one of the largest dtverstfied promoter, producer and venue operators of hve entertatnment events A separate diviston (Beach Events) has been established to implement the Ctty's program. Cellar Door has a quah. fied staff wtth demonstrated abtlity to achteve program objectives and provide high quahty services (recetved endorsements from the Hotel & Motel Association, Virginia Beach Restaurant Association and Resort Leadership Council). Mr McConnell advised in 1998 - $179,000 was raised in cash sponsorships. The projected cash sponsorship in 1999 is $285,000. Major sponsors have commttted for the Holiday Lights (Chick-Fil-A) and American Music Festival (Pontiac). The method of procurement ts for negottattons of non-professtonal servtces, therefore, price does not have to be the sole determintngfactor. Relattve Counctlman Week's concerns re the status of the $300,000 in taxes owned by Cellar Door tn Aprd, the Ctty Manager advised he beheved the new Ordinance adopted by the Ctty Council has resolved most of that tssue, however, the Commisstoner of the Revenue would have to answer that tnquiry.. Concern was expressed relative the creation of parties and selhng of alcohohc beverages as a legitimate pubhc expen&ture Mr. Ricketts advtsed the number of events where beer has been sold has not increased in four years. A beer pohcy was developed several years ago. A committee comprtsed of the business communtty, revtews annually which events will be selling beer Counctlman Weeks advtsed he could not support this type of proposal wtth a difference of $160, OOO from Cellar Door and Bill Reid's Rising Tide. Btll Reid began hts career tn the concert promotton business tn 1981 wtth Cellar Door Productions tn Virginia Beach Vtce Mayor Sessoms advised a different plan should be devised for the Holiday weekends. Beach Street was a big tnfluence last Summer during the weekends resulting tn a marked improvement and the Vice Mayor suggested this type of activity be uttltzed to improve the Hohday weekend. Mr Rtcketts advised the dedicated funding tax on hotel sales to assist in funding thts program has a sunset clause. He wtll advise the date October 5, 1999 -6- CITYMANAGER'S BRIEFING BEA CH EVENTS ITEM # 45506 (Continued) Mr. Ricketts advised there ts a message from the visitors in the surveys conducted among the locals concerntng Beach Street It has been successful and anything done to expand upon this wtll pay great dtvtdends. Mr Rtcketts will tnvestigate and advise Counctlman Weeks concerning legal difficulttes of SFX, Mr. Rutz advtsed Councd Ladies Parker and McClanan, the difference is the potential to build upon a program, which the City has experience and the talent bank avatlable whtch had tmplemented the program. Wtth the gmdance of the Steering Committee, the City hopes to enhance the program and brtng more ora family mtx tnto the system For all these reasons, the Commtttee elected to support the proposal of Cellar Door. Ehzabeth O'Malley stated Cellar Door proposed several new events, none of which added or increased alcohol sales. The proposal from Cellar Door was the only one that addressed the VBQSS document which was provtded wtth the RFP The other two contractors proposed entertatnmentprograms but dtd not address chversity tssues to the degree of Cellar Door. A Retreat will be scheduled for the Steering Committee wtth two event markettng industry leaders to facihtate and assist in devtsing some very measurable, quantifiable goals and objecttves, ahgned wtth the strategy document and addresstng soctal tnteractton and the hfelong learntng acttvtttes which the current program does not have tn its enttrety. Mrs 0 'Malley cited two famtly ortented events with no alcohol sales betng apart of same. Monster Truck Show and Motorcross Madness. Mrs. O'Malley advtsed the Retreat ts SCHEDULED for the Pavilion. Mr Ricketts advtsed Counctl Lady Eure, the key to thisprogram, as it expands, ts to rely less on City funding and more upon sponsorships and tn-la'nd services. Mayor Oberndorf advtsed Virgtnia Beach has a stster city (Norfolk) which conducts different festtvals and entertatnment many weekends throughout the Summer Adult beverages are sold and consumed there, however, this Ctty closes everythtng down at 9:30 P M. There are no bars along the waterfront and people go home. Whereas, the Beach stays open 'round the clock. Vtrgmta Beach ts trytng to deal with the conduct from 10 30 P M. unttl 1.30 tn the morntng These acttvtttes can be addressed Mr Rtcketts advtsed the Mayor, tf no alcohol could be sold, the Ctty would have to increase tts contrtbutton and other sponsorships would have to be increased to cover the deficit After the Retreat, the staff wtll provtde further tnformation. October 5, 1999 -7- AGENDA RE VIE W SESSION 12:10 P.M. ITEM# 45507 1.3 Ordtnance to TRANSFER $350,000 from Ferrell Parkway - Phase VI (Cost Partictpatton) (CIP #2-077) to First Colonial Road - Phase III (~DOT) (CIP #2-833) to provtde funding re acqutsttton of property to ensure appropriate buffering from the roadway for the rematntng properties The Ctty Manager advised if the City Councd wants to fund the project (Ferrell Parkway- Phase VI), from whtch these funds areproposed for transfer, the Council would have to vote to replace same tn the following year's CIP. Counctl Lady McClanan expressed concern relative Parcel 043 whether there ts another buildtng James Lawson advised the lady who hves on Parcel 043 has tnchcated she prefers not to be left alone at that location stnce the land has been purchased all around her. Therefore, the Ctty included thts parcel at her request ITEM # 45508 J2. Or&nance re an Agreement between the City of Vtrgima Beach City of Norfolk and Chrysler Museum; TRANSFERRING $60, O00 from the General Fund Reserve for Conttngenctes, and, APPROPRIATING $15,000 tn estimated revenue to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural Arts re the operatton and management of the Adam Thoroughgood House for the rematnder of FY 1999-2000 Councd Lady Parker expressed concern as the Ctty was proposed bastcally to take over a Norfolk asset, for which they could not make ends meet. Virginia Beach ts gotng to pay the enttre sum, only keeping $15,000 in revenue. Council Lady Parker inqutred why can't Vtrgtnia Beach operate the House and Norfolk make up the dt. fference tn revenue Council Lady Parker will vote a VERBAL NAY on this ttem. Counctlman Harrtson concurred and did not agree with this bustness deal If the Ctty is going to incur thts expense, thts should be an asset of the City of Virgtnta Beach C Mac Rawls, Director- Museums and CulturalArts, advised this is an opportumty to evolve understandtng and gatn expertence Norfolk is entrusting the City wtth assets which not only include the house, but also some valuable furntshtngs It will not everpayfor ttself in terms of generattng enough revenue, as there are rarely htstortc sites which generate profit The total cost of operating this facihty for an enttre year ts $105, 000 Mr Rawls esttmated that approximately 30 to 40 % of the operational cost could be earned ($30- $40,000). This facility will be kept open all during the week, year 'round Hopefully thts will increase the revenues. Mr. Rawls advised Council Lady Eure supplies in the amount of $15,000 were both operattonal and instructional. Council Lady McClanan expressed concern relative no mention of additional employees. Mr Rawls advised the employees at the Thoroughgood House will continue to be uttlized. No fundtng will be pard to the Ctty of Norfolk. Norfolk retatns ownership and they wtll be responsible for major repatrs Counctl Lady Henley commented this house wtll conttnue to be operated as an educattonal factlity Thts tncrease this opportunity by keeping it open durtng the week.. The Friends of the Ferry Farm House are hard at work provtchng volunteer work, so tt will not be a dratn on the Ctty. There wtll be an annual fund ratser the first Saturday tn November (Third Annual Pumpkin Fling). A lease shouM be forthcomtngfor the Hampton Roads Chapter of the AIA to occupy one room there to offset the operating cost for utthttes, etc. There is not a Foundation currently tn place for the Adam Throughgood House. Mr Ricketts advtsed they are tn dtscusstons with the Francis Land House Board to merge some of the programming activities Councilman Jones suggested the estabhshment of a Foundatton, not through the Chrysler Museum, for contrtbuttons to be used exclustvelyfor the Thoroughgood House Mr Ricketts will review thts posstbility The Thoroughgood House ts one of the oldest brick houses tn the Untted States standtng today. Thts agreement ts only for a year. Mr. Ricketts advtsed Councilman Heischober the Lynnhaven House was gtven to the Virginia Association for the Preservation of Virginia Antiquities, a statewtde organtzatton which operates certatn htstorical properttes t e. the Ltghthouse Mayor Oberndorf referenced "cutting the rtbbon" thts Summer for the Bayside History Trail. Thts Trad starts at the Recreation Center and literally winds through the trees Thts ts a perfect fit wtth the other htstortcal enttties and ts competittng for an award. October 5, 1999 -8- AGENDA RE VIE W SESSION ITEM # 45509 BY CONSENSUS, the following ttems shall compose the CONSENTAGENDA RESOLUTIONS H. 1 Resolutton to request the General Assembly estabhsh, during tts 2000 Session, a dedicated source of State funding, up to $40- Millton annually, re Land Conservation and Open Space Preservation, and, provide for distribution directly to those localities having farmland and open space preservatton programs in place (Sponsored by Mayor Meyera E Oberndor)9 H2 Resolutton to authorize the execution of a Lease Agreement between the Ctty of Virginta Beach and the Commonwealth of Virginta, Department of Corrections, re Adult Probation office in the Ctty-owned Judicial Center, subject to terms approved by the Ctty Manager and approval as to legal suffictency by the City Attorney ORDINANCES I1 Or&nance to ACCEPT and APPROPRIATE $27,660 from the Vtrgtnta Department o f Justice to the FY1999-2000 Operattng Budget of the Vtrgtnia Beach General District Court re necessary travel and training to study the use of Drug Courts tn otherjurtsdtctions; and, increase estimated revenues accordingly. 1.2 Ordinance to TRANSFER $460, O00 from Burton Station (CIP #9-198) to the FY 1999-2000 Operattng Budget of the Department of Housing and Neighborhood Preservation re provtding Housing Improvement Grants to property owners tn the Lake Edward and Princess Anne Plaza neighborhoods. 13 Ordtnance to TRANSFER $350,000 from Ferrell Parkway - Phase l,'I (Cost Partictpatton) (CIP #2-077) to First Colonial Road- Phase III O"DOT) (CIP #2-833) to provtde funding re acqutsttion of property to ensure appropriate buffering from the roadway for the remaining properttes. 14 Ordinance re an Agreement between the C~ty of Vtrgmia Beach and the City of Norfolk and the Chrysler Museum, TRANSFERRING $60, O00 from the General Fund Reserve for Contingencies, and, APPROPRIATING $15,000 in estimated revenues to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural Arts re the operation and management of the Adam Thoroughgood House for the remainder of FY 1999-2000 Councd Members Harrison and Parker will vote a VERBAL NAY on Item 1. 4 October 5, 1999 -9- CITY COUNCIL COMMENTS 12:48 P.M. ITEM # 45510 Mayor Oberndorf dtstrtbuted an arttcle by the Sierra Club relattve open space preservatton They rank the States concerntng thetr land use planning Virginia was ranked twenty-eighth. Oregon was first and Wyomtng was last An assessment of transportatton planmng was also conducted, which included spenchng on mass transit Virginia placed thirtieth. Rhode Island was first and,4rkansas last. Concerntng community revttaltzation, Virginia placed thirtieth. ITEM # 45511 Mayor Oberndorf dtstributed coptes of correspondence from Jeffery Bates of the Crime Task Force Mayor Oberndorf agatn requested Ctty Council review the tnformation and discuss the purpose of this Task Force to gtve them a meaningful extstence durtng the City Counctl Sesston of October 12, 1999. The Task Force is looking for guidance from the Ctty Counctl tf there are specific duties they should perform. Mayor Oberndorf has met with his Task Force ITEM # 45512 Council Lady Henley referenced an article in VIRGINIA BUSINESS entttled' "Where Has All the Farmland Gone?" This arttcle references the statewtde tssues wtth farmland and highlights Vtrgmia Beach and the City's ~4RP program ITEM # 45513 Mayor Oberndorf referenced the Commemorative Ceremony for Admiral De Grasse, "The Alliance Francaise, Chapitre de Grasse ", on October 19, 1999. ~Is the Mayor wtll be absent due her commttment of the Virgtnta Muntcipal League, Vtce Mayor Sessoms will represent Virgtnta Beach. It ts veryfitttng that Vtrginta Beach should be a part of the Alliance Francaise. There wtll be a dtnner at Fort Story Making the trail from Virgtnia Beach to the Yorktown Battlefield with a wreath laytng ceremony at the De Grasse statue at Cape Henry and the French Memortal tn Yorktown wtll be a fitting commemoratton of thts histortcal event in Hampton Roads This Commemoratton has extsted many years, but thts ts the.first time Virginta Beach has been a parttcipant Hopefully, thts will be the first of many ceremonies in the future connecting Virginia Beach as a part of the Commemoratton October 5, 1999 - lO- ITEM # 45514 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, Ctty Hall Budding, on Tuesday, October 5, 1999, at 12:52 P.M. Council Members Present: Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A M "Don" Weeks Counctl Members Absent: None October 5, 1999 -11- ITEM # 45515 Mayor Meyera E Oberndorf entertained a motion to permtt Ctty Council to conduct tts CLOSED SESSION, pursuant to Section 2 1-344, Code of Virgima, as amended, for the following purpose: PERSONNEL MA 7TERS Dtscussion or consMeratton of or tntervtews of prospecttve can&dates for employment, asstgnment, appointment, promotton, performance, demotwn, salaries, &sciphning, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) Boards and Commisstons' Historical Review Board Minority Business Council Parks and Recreatton Commission PUBLICLY-HELD PROPERTY' Discussion or constderatton of the acqmsttton of real property for public purpose, or of the disposttton of pubhcly-heM real property, for discussion in an open meettng whtch would adversely affect the bargatmng positron or negotiattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3). To- Wit: Acqutsttion/Dtsposttion of Property. Lynnhaven Dry Storage Prmcess Anne District Southeastern Parkway LEGAL MATTERS' Consultatton wtth legal counsel and briefings by staff members or consultants pertatntng to actual or probable httgatton, where such consultatton or briefing tn open meeting would adversely affect the negotiating or littgating posture of the public body, and consultation with legal counsel employed or retained by a public body regar&ng spectfic matters requtring the proviston of legal advtce by such counsel pursuant to Section 2.1-344(A)(7) Contractual Negotiation - Central Business District Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council voted to proceed into CLOSED SESSION. Vottng 11-0 Councd Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wdham D. Sessoms, Jr and A. M "Don" Weeks Councd Members Voting Nay' None Councd Members Absent None October 5, 1999 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 # 45.$15, Page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. R4th Hodges Smith, CMC/AAE City Clerk October 5, 1999 - 12- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL October 5, 1999 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, City Hall Buddmg, on Tuesday, October 5, 1999, at 2 O0 P M. Councd Members Present: Ltnwood O. Branch, III, Margaret L Eure, Wdham W. Harrtson, Jr., Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wilham D Sessoms, Jr. and A M. "Don" Weeks Council Members Absent: None INVOCATION. The Reverend Mark Delcuze Eastern Shore Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, betng a Corporate Oj~cer of Wachovta Bank chsclosed there were no matters on the agenda in which he has a "personal interest", as defined tn the Act, either tndivtdually or in his capacity as an officer of Wachovta Bank. The Vice Mayor regularly makes thts Dtsclosure as he may not know of the Bank's interest tn any appltcation that may come before Ctty Counctl. Vice Mayor Sessoms' letter of January 4, 1999, ts hereby made a part of the record October 5, 1999 Item V-E. -13- CER TIFICA TION OF CLOSED SESSION ITEM # 45516 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, Ctty Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requtrements by Virginia law were dtscussed in Closed Sesston to whtch this cert~catton resolutton apphes, AND, Only such public business matters as were identtfied in the motion convening the Closed Session were heard, discussed or considered by Virgtnta Beach Ctty Council. Voting' 11-0 Counctl Members Vottng Aye' Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr., HaroM Hetschober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr. and A. M. "Don" Weeks Council Members Vottng Nay: None Councd Members Absent None October 5, 1999 Item V-F. 1 - 14- MINUTES ITEM tl 45517 Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Parker, City Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of September 28, 1999. Vottng 11-0 Council Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D Sessoms, Jr. and A. M. "Don" Weeks Counctl Members Vottng Nay. None Council Members Absent. None October 5, 1999 Item V-G.I. - 15- ADOPT AGENDA FOR FORMAL SESSION ITEM # 45518 BY CONSENSUS, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION October 5, 1999 -16- Item V-G.2 PRESENTATION ITEM # 45519 Mayor Oberndorf recognized. His Worship Peter Ellis Judge Lincolnshire, England Judge Ellts extended greetings from England and advised: 'T came from the County of Lincolnshtre, whtch has some hnks wtth your great Ctty tn the school, which my own son attended, Ktng Edward's School, where Captatn John Smith was an "oM boy" as well as my son. Down tn the south of the County on perhaps a less presttgtous note, ts the "Port of Boston" and Boston was the place where the Pdgrim fathers were prosecuted, I am sorry to say, and they left on a ctrcuttous route by Plymouth to reach Boston, I suppose, tn Amertca. Was it not land of them to name thetr new City, Boston, after the Boston that they were thrown out of, lam sorry to say. In the center of my County ts the County Town of Ltncoln, which has an 800-year old cathedral, a castle and an ortgtnal copy of the Magna Charta. I am wtthin my area much, I suppose, the same here, I would be a Ctrcutt Court Judge and I work tn a Crtmtnal Court and a Family Court deahng with some quite awful cases of child abuse. I would hke to say I have very much enjoyed my vtstt to Vtrgima Beach and this ts myfifth week of being here. Well, tt strikes me as really a very beautiful ctty, one that ts much hke a garden ctty tn England - a ctty where houses and butldtngs seem to nestle among the trees and a ctty whtch ts well landscaped. But, beyond that, it seems to me that tt ts a city which has some really wonderful amentties for the pubhc and the tourtsts hke a wonderful boardwalk, some wonderful attractions and museums, but a Ctty wtth a real heart. ,4 Ctty, whtch has some outstan&ng buildings such as your wonderful Library which to me ts hke a modern cathedral of glass, one that I vtsited and used myself. I have very much enjoyed my stay here, but I am sure you would agree wtth me that any ctty ts only a Ctty and a place to really enjoy if it has one last tngredtent and that is the people I can genutnely say that the people here have been very, very ktnd to me and very hospttable. Thank you, very much" Mayor Oberndorf presented a gift from the City and expressed appreciation for Judge Elhs' beauttful comments concerning the City, extending an tnvttation for htm to again vtstt. October 5, 1999 Item V-I./J. -17- RES OL UTIONS/ORDINANCES ITEM # 45520 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Counctl APPROVED IN ONE MOTION, Resoluttons 1 and 2, and Ordinances 1, 2, 3, and 4 of the CONSENTAGENDA. Vottng. 11-0 Council Members Vottng Aye' Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent. None Councd Members Harrison and Parker voted a VERBAL NAY on Item 14 October 5, 1999 Item V-H. 1. -18- RES OL UTIONS/ORDINANCES ITEM # 45521 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Council ADOPTED:. Resolutton to request the General Assembly estabhsh, during its 2000 Sesston, a dedicated source of State funding, up to $40-Milhon annually, re Land Conservation and Open Space Preservation; and, provtde for distribution directly to those localities havtngfarmland and open space preservatton programs in place (Sponsored by Mayor Meyera E Oberndorj) Voting: 11-0 (By ConsenO Councd Members Vottng Aye' Ltnwood O. Branch, III, Margaret L. Eure, Wilham W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and A. M "Don" Weeks Counctl Members Voting Nay. None Counctl Members Absent. None October 5, 1999 Requested by Mayor Meyera E. Obemdorf A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ESTABLISH, DURING ITS 2000 SESSION, A DEDICATED SOURCE OF STATE FUNDING OF UP TO $40 MILLION ANNUALLY FOR LAND CONSERVATION AND OPEN SPACE PRESERVATION WHEREAS, the Commonwealth of Virginia is rich in scenic, historic, natural, 8 agricultural, forestal, and recreational land resources; WHEREAS, the Commonwealth is rapidly losing these irreplaceable resources to 10 competing land uses; 11 WHEREAS, the City of V~rgima Beach desires to protect ~ts farm and forest resource 12 base, its open space, ~ts natural resources, ~nclud~ng ~ts natural habitats, and its historic sites; 13 WHEREAS, conserving these resources ~s critical to V~rg~ma's economy and the 14 health and well-being of her mtlzens and the farm industry, 15 WHEREAS, estabhshing a balance between the conservation of open space and 16 natural resource lands and residential and commermal development ~s essential to the City's quahty 17 of life and sound fiscal health; 18 WHEREAS, V~rg~ma currently does not have an adequate and stable source of funds 19 to secure the long-term conservation and protection of these lands and resources; and 20 WHEREAS, although the General Assembly has established the V~rg~ma Land 21 Conservation Foundation with authority to expend funds for the conservation and preservation of 22 farmland, h~stonc s~tes, natural areas, parks, and open space, hm~ted funding resources have been 23 made available for th~s purpose. 24 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of V~rg~ma 25 Beach, V~rgima: 26 That the General Assembly ~s hereby requested to estabhsh, during ~ts 2000 Session, 27 a dedicated source of state funding of up to $40 mflhon annually for land conservation and open 28 space preservation. 29 BE IT FURTHER RESOLVED: 30 That the General Assembly is hereby requested to provide that funds for this purpose 31 shall be &stnbuted d~rectly to those localities that have farmland and open space preservation 32 programs in place. 33 BE IT FURTHER RESOLVED: 34 That the City Clerk is hereby d~rected to transmit a copy of th~s resolution to each 35 member of the City's local delegation to the General Assembly. 36 Adopted by the C~ty Councd of the C~ty of V~rg~ma Beach, V~rg~ma on the 5th day 37 of October, 1999. CA-7486 ORDIN~NONCODE\LAND CONSERVATION-OPEN SPACE PRESERVATION RES R4 SEPTEMBER 28, 1999 Item V-H.2. -19- RES OL U TIONS/ORD INAN CES ITEM # 45522 Upon motion by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Council ADOPTED. Resolution to authortze the execution of a Lease Agreement between the City of Virgtma Beach and the Commonwealth of Vtrgtnia, Department of Corrections, re Adult Probation office in the Ctty-owned Judicial Center, subject to terms approved by the City Manager and approval as to legal sufficiency by the Ctty Attorney Vottng' 11-0 (By ConsenO Counctl Members Vottng Aye' Ltnwood 0 Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr. and A. M "Don" Weeks Counctl Members Voting Nay' None Councd Members Absent None October 5, 1999 RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE COMMONWEALTH OF VIRGINIA (DEPARTMENT OF CORRECTIONS) FOR THE ADULT PROBATION OFFICE IN THE CITY-OWNED JUDICIAL CENTER 10 12 13 14 15 16 17 18 20 221. WHEREAS, the C~ty of V~rg~ma Beach (the "C~ty") and the Commonwealth of V~rg~ma (Department of Corrections) (the "Commonwealth") prevmusly entered ~nto a Lease (the"Ex~st~ng Lease") dated as of June 7, 1993, pursuant to which the Commonwealth, as tenant, leased from the C~ty, as landlord, approximately 8,000 square feet of space ~n the C~ty-owned Ju&c~al Center (the "Premises") for use by the Department of Correct~on for the Adult Probation Office, and WHEREAS, the Prior Lease term ~s ending, and the C~ty and the Commonwealth have negotiated a new lease for the same space and purpose, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, The City Manager, or h~s demgnee, is hereby authorized to execute and dehver a Lease Agreement w~th the Commonwealth of Vlrg~ma, by the Department of Corrections, on the terms attached hereto and such other terms as may be approved by the C~ty Manager or h~s demgnee, subject to approval by the C~ty Attorney as to legal sufficiency Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the 5 October ,1999 ~day of CA-7488 ORDIN\NONCODE\CA7488 RES PREPARED September 13, 1999 APPROVED AS TO CONTENT //'Pubh6 Works/R~al ~state APPROVED AS TO LEGAL SUFFICIENCY rney Item V-L1. - 20- RES OL UTIONS/ORDINANCES ITEM ii 45523 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Councd ADOPTED' Ordinance to ACCEPT and APPROPRIA TE $2 7, 660from the Vtrgima Department of Justtce to the FY 1999-2000 Operattng Budget of the Virginia Beach General District Court re necessary travel and tratmng to study the use of Drug Courts tn other jurisdicttons; and, increase estimated revenues accor&ngly. Voting' 11-0 (By Consent) Counctl Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wdliam D Sessoms, Jr. and A. M "Don" Weeks Council Members Vottng Nay. None Counctl Members Absent: None October 5, 1999 AN ORDINANCE TO ACCEPT AND APPROPRIATE $27,660 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE FY 1999-00 OPERATING BUDGET OF THE GENERAL DISTRICT COURT FOR TRAVEL AND TRAINING NECESSARY TO STUDY THE USE OF DRUG COURTS IN OTHER JURISDICTIONS WHEREAS, the City of Virginia Beach court system has a 9 large number of cases that involve drug and alcohol abuse, and in 1997 a pilot Drug Court was established to address this problem; 11 WHEREAS, the U.S. Department of Justice has awarded the 12 City a planning grant of $27,660 to study the use of drug courts in 13 other jurisdictions so that the effectiveness of the Virginia Beach 14 Drug Court may be increased; and 15 WHEREAS, the grant requires an in-kind match of City funds, which allows currently appropriated funds to serve as the 17 match and requires no additional appropriations from the City. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 20 1. That $27,660 from the U. S. Department of Justice is 21 hereby accepted and appropriated to the FY 1999-00 operating budget of 22 the General District Court to study the use of drug courts in other 23 jurisdictions. 24 2. That revenue from the federal government is hereby 25 increased by $27,660. 26 27 28 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th of October, 1999. Requires an affirmative vote from a majority of the members of City Council. CA-7500 ORDIN~NONCODE~DRUG COURT GRANT.ORD SEPTEMBER 29, 1999 R4 APPROVED AS TO CONTENTS: Managem APPROVED AS TO LEGAL SUFFICIENCY: City Attorney-s Office Item V-I.2. - 21 - RES OL UTIONS/ORDINANCES ITEM # 45524 Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED: Ordinance to TRANSFER $460, O00 from Burton Statton (CIP #9-198) to the FY 1999-2000 Operattng Budget of the Department of Housing and Neighborhood Preservation re provtdtng Housing Improvement Grants to property owners tn the Lake Edward and Princess Anne Plaza neighborhoods. Vottng' 11-0 (By ConsenO Councd Members Voting Aye' Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D. Sessoms, Jr. and A M. "Don" Weeks Counctl Members Voting Nay' None Counctl Members Absent None October 5, 1999 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER $460,000 FROM CAPITAL PROJECT #9-198, BURTON STATION, TO THE FY 1999-2000 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF PROVIDING HOUSING IMPROVEMENT GRANTS TO PROPERTY OWNERS IN THE LAKE EDWARD AND PRINCESS ANNE PLAZA NEIGHBORHOODS 11 WHEREAS, the City of Virginia Beach receives annual 12 operating Community Development Block Grant ("CDBG") revenue from 13 the Department of Housing and Urban Development to fund programs 14 that provide loans and grants for housing improvements to low and 15 moderate income families; 16 WHEREAS, Capital Project #9-198, Burton Station, contains 17 $460,000 of unexpended and unencumbered CDBG revenue designated as 18 relocation grants for residents of the Burton Station neighborhood; 19 WHEREAS, there are no current plans to relocate any 20 remaining residents of Burton Station, and the CDBG revenue 21 appropriated to Capital Project #9-198 may revert back to the 22 federal government if not expended in a timely manner; and 23 WHEREAS, this CDBG revenue can be transferred to the 24 operating budget of the Department of Housing and Neighborhood 25 Preservation to provide housing improvement grants in the Lake 26 Edward and Princess Anne Plaza neighborhoods. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 That $460,000 is hereby transferred from Capital Project 30 #9-198, Burton Station, to the FY 1999-2000 Operating Budget of the 31 Department of Housing and Neighborhood Preservation for the purpose 32 of providing housing improvement grants to property owners in the 33 Lake Edward and Princess Anne Plaza neighborhoods. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 5th day of October , 1999. CA-7499 ORDIN/NONCODE/LAKE EDWARDS.ORD R2 SEPTEMBER 29, 1999 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Attorney's Office Item V-I. 3. - 22 - RES OL UTIONS/ORDINANCES ITEM # 45525 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, City Council ADOPTED. Ordinance to TRANSFER $350, O00 from Ferrell Parkway - Phase VI (Cost Parttctpation) (CIP #2-077) to First Colonial Road- Phase III (VDOT) (CIP #2-833) to provide fundtng re acquisition of property to ensure approprtate buffering from the roadway for the rematmng properttes Vottng. 11-0 (By Consent) Councd Members Vottng ~4ye: Ltnwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlltam D Sessoms, Jr and A. M. "Don" Weeks Council Members Vottng Nay: None Counctl Members ~4bsent. None October 5, 1999 AN ORDINANCE TO TRANSFER $350,000 FROM CAPITAL PROJECT #2-077, FERRELL PARKWAY - PHASE VI (COST PARTICIPATION), TO CAPITAL PROJECT #2- 833, FIRST COLONIAL ROAD - PHASE III (VDOT), FOR THE PURPOSE OF ACQUIRING PROPERTY AND PROVIDING BUFFERING FROM THE ROADWAY 10 WHEREAS, the C~ty Council estabhshed Capital ProJect # 2-833, F~rst Colomal 11 Road - Phase III (VDOT), to reheve traffic congestion on Virginia Beach Boulevard and Southern 12 Boulevard and create a logical travel comdor to support the proposed Southeastern Parkway and 13 Greenbelt; 14 WHEREAS, three parcels would be negatively ~mpacted by part~al site acqms~t~on 15 required for the project, and the Vlrglma Department of Transportation will not participate in 16 purchasing the entire parcels; and 17 WHEREAS, purchasing these parcels will provide appropriate buffenng from the 18 roadway for the remalmng properties, and the necessary funding ~s available ~n another capital 19 project 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That funds ~n the amount of $350,000 are hereby transferred from Capital ProJect 23 # 2-077, Ferrell Parkway - Phase VI (Cost Part~c~pahon), to Capital Project # 2-833, First Colonial 24 Road - Phase III, for the purpose of providing funding to acqmre property that will ensure 25 appropriate buffenng from the roadway for the remmmng properhes 26 27 day of Octobe~dopted by the Council of the C~ty of V~rg~ma Beach, V~rglma, on the ,1999. CA-7497 ORDIN/NONCODE/FIRST COLONIAL ORD R2 SEPTEMBER 21, 1999 5th APP. RgJVEi~ AS TO CONTENT _. S~On^mRE / j .... DEPARTMENT APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY - 23 - Item V-I.4. RES OL UTIONS/ORDINANCES ITEM # 45526 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance re an Agreement between the Ctty of Virgtnia Beach, Ctty of Norfolk and Chrysler Museum; TRANSFERRING $60,000 from the General Fund Reserve for Conttngenctes; and, APPROPRIATING $15,000 tn esttmated revenues to the FY1999-2000 Operattng Budget of the Department of Museums and Cultural Arts re the operatton and management of the Adam Thoroughgood House for the rematnder of FY 1999-2000 Vottng' 9-2 (By Consent) Counctl Members Voting Aye' Linwood O. Branch, IIL Margaret L Eure, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Vice Mayor Wdham D. Sessoms, Jr andA M "Don" Weeks Counctl Members Vottng Nay. William W. Harrison, Jr. and Nancy K Parker* Counctl Members Absent. None *Verbal Vote October 5, 1999 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE APPROVING AN AGREEMENT PERTAINING TO THE OPERATION AND MANAGEMENT OF THE ADAM THOROUGHGOOD HOUSE (THE "HOUSE"), TRANSFERRING $60,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1999-2000 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS FOR THE PURPOSE OF PROVIDING FUNDS TO OPERATE AND MANAGE THE HOUSE, AND APPROPRIATING $15,000 IN ESTIMATED REVENUES FROM THE HOUSE TO THE FY 1999-2000 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS FOR THE SAME PURPOSE 12 WHEREAS, the City of Norfolk owns the Adam Thoroughgood House (the 13 "House"), and the Chrysler Museum operates the House on behalf of the City of Norfolk; 14 WHEREAS, the Chrysler Museum has reduced the hours of operation of the House 15 from 40 to 12 hours per week and has reduced operational funding and mmntenance; 16 WHEREAS, the City of Virginia Beach has negotiated an agreement with the C~ty of Norfolk and the Chrysler Museum whereby the City of Virginia Beach will operate and manage the House with oversight from the Chrysler Museum acting on behalf of the City of Norfolk; and 19 WHEREAS, it is anticipated that the cost to operate and manage the House will be 2 0 $75,000 for the remainder of FY 1999-2000, which cost will be offset by estimated revenues from 21 the House in the amount of $15,000 for that same period. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 2 3 VIRGINIA BEACH, VIRGINIA: 24 1) That the Agreement pertaimng to the operation and management of the Adam 2 5 Thoroughgood House is hereby approved and the City Manager or his designee is hereby authorized 2 6 to execute such Agreement in form substantially as attached hereto; 27 2) That funds in the amount of $60,000 are hereby transferred from the General 2 8 Fund Reserve for Contingencies to the FY 1999-2000 Operating Budget of the Department of 2 9 Museums and Cultural Arts for the purpose of providing funds to operate and manage the House for the remainder of FY 1999-2000; and 31 3) That estimated revenues from the House in the amount of$15,000 are hereby 3 2 appropriated to the FY 1999-2000 Operating Budget of the Department of Museums and Cultural 3 3 Arts for that same purpose 34 Adopted by the Council of the City of V~rg~nla Beach, V~rg~nia, on the 5 day of 35 October 1999. .' 36 CA-7478 3 7 ORDIN\NONCODE\CA7478.ORD 38 R3 3 9 9/30/99 4 0 APPROVED AS TO CONTENT: 41 n APPROVED AS TO LEGAL SUFFICIENCY: ---'~ty Attorney's Office SUMMARY OF TERMS AGREEMENT FOR OPERATION OF THOROUGHGOOD HOUSE PARTIES: City of Norfolk, Chrysler Museum, City of Vlrglma Beach TERM: October 5, 1999 - September 30,2000 OWNERSHIP OF PROPERTY: Remains with Norfolk and Chrysler Museum RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH: Will operate and manage house, including payment for operations, utlht~es, security and routine, day to day maintenance Operation of house to be consistent with accepted professional standards for operation and management of historical properties Will maintain grounds in accordance with approved plans Will maintain regular hours of operation at house. May retain all revenues from admission fees and gift shop sales RIGHTS AND RESPONSIBILITIES OF NORFOLK AND CHRYSLER MUSEUM: Chrysler Museum will monitor the operation of the house and will be permitted reasonable access to the house for purposes ofmomtonng Virginia Beach's operation Norfolk and/or Chrysler Museum responsible for major repmrs Norfolk and Chrysler Museum to insure against loss/casualty of all property (real and personal) TERMINATION: Either party may terminate by providing the other parties 60 days notice NON-APPROPRIATION: Virginia Beach may terminate the Agreement ~n the event that the City Council fails to appropriate funds to perform its obligations under the Agreement. F \Data\ATY\Ordm\NONCODEWHOROUGHGOOD SUMM TRM wpd AGREEMENT This ~greement made this~ day of ,1999, by and among the CITY OF NORFOLK, Virginia, (hereinafter referred to as "Norfolk"), the CITY OF VIRGINIA BEACH, VIRGINIA (hereinafter referred to as "Virginia Beach") and THE CHRYSLER MUSEUM, INCORPORATED, a Virginia corporation, hereinafter referred to as ("Chrysler Museum"). WHEREAS, Norfolk owns the Adam Thoroughgood House, a historic property located in Virginia Beach, which Chrysler Museum operates and manages on behalf of Norfolk; and WHEREAS, Norfolk, Virgima Beach and Chrysler Museum desire that, because of the location of the Thoroughgood House and the efficiencies of operation and management, Virginia Beach assumes responsibility through its Department of Museums and Cultural Art, for the operation and management of the Thoroughgood House with oversite by Chrysler Museum acting on behalf of Norfolk, now, therefore, For and in consideration of the mutual promises of the parties, they hereby agree as follows: 1. TERM. The parties agree that th~s Agreement will be in effect for the period from October m, 1999 through September 30, 2000 and may be renewed upon the written agreement of the part~es. 2. OWNERSHIP OF THOROUGHGOOD HOUSE. The parties agree that the g~:ounds, gardens, house, auxihary braidings and all contents of the Thoroughgood House are and shall remain the property of Chrysler Museum and Norfolk throughout the term of this Agreement. 3. RESPONSIBILITIES OF VIRGINIA BEACH FOR THOROUGHGOOD HOUSE. The parties agree that Virginia Beach shall be responsible for operating and managing the Thoroughgood House, providing for all labor and materlals necessary for the day-to-day operations, routine mmntenance, security, utiht~es, programming, landscaping, marketing and related services for the Thoroughgood House, with all costs and expenses therefor being paid by Virginia Beach. The parties further agree that the gift shop inventory will be turned over to Virginia Beach as of the effective date of this Agreement The parties agree that Virginia Beach shall receive all revenues from visitors and g~ft shop sales at the Thoroughgood House and may use these revenues to offset its costs incurred under this Agreement. The parties agree that Virginia Beach through its Department of Museums and Cultural Art, shall keep and maintain the Thoroughgood House and all aspects of the property in accordance with accepted professional standards for the operation, management, preservation and curation of historical properties. Chrysler Museum property being works of art and office and property mmntenance and other eqmpment, as listed on the attached inventory (Exhibit A) will be maintained and safeguarded by Virginia Beach in a reasonable manner and returned to Chrysler Museum and Norfolk, as appropriate, upon termination or expiration of this Agreement. Virginia Beach shall not be responsible or liable for any loss/casualty to any property (real or personal) of Norfolk or Chrysler Museum which ~s not caused by the willful or negligent act of Virginia Beach. It shall be the responsibility of Chrysler Museum to insure against loss/casualty Chrysler Museum property as listed on Exhibit A throughout the term of this Agreement. Insurance against It;ss/casualty of the Thoroughgood House and its groundsl gardens, auxiliary buildings and all property thereon which is owned by Norfolk shall be the responsibility of Norfolk and/or Chrysler Museum, as they determine. The parties also agree that all programming and related items and materials which Chrysler Museum has created and/or used at the Thoroughgood House are the property of Chrysler Museum, the rights to which are owned by Chrysler Museum. Chrysler Museum reserves the rights to use its programs, ~tems and materials at other sites as determined by the Chrysler Museum. Virginia Beach may develop its own programming, items and materials for use at the Thoroughgood House. The parties further agree that V~rginia Beach shall keep and maintain the grounds and gardens in accordance with the plans of the Garden Club of Virginia. (Exhibit B) In addition, the part, es agree that Virginia Beach will have hours of operation of the Thoroughgood House allowing public visitation to the Thoroughgood House and grounds on a regular basis, including the promotion of school tours. 4. RESPONSIBILITY OF CHRYSLER MUSEUM FOR THOROUGHGOOD HOUSE. The part~es agree that Chrysler Museum will monitor the operation and management of the Thoroughgood House by Virginia Beach and shall continue to be responsible to Norfolk regarding the Thoroughgood House. The parties further agree that the Chrysler Museum shall have reasonable access to the Thoroughgood House property for the purpose of this Agreement. In addition, the parties agree that Norfolk and/or the Chrysler Museum will be responsible for major repairs and improvements as deemed necessary by the Chrysler Museum, in order to maintain the pl:operty. .~ Chrysler Museum and Virgima Beach agree to work cooperatively, through the Virginia Beach Department of Museums, on collaborative marketing for the Thoroughgood House and other area historic properties 5 NON-APPROPRIATION. It is understood and agreed between the parties hereto that Virginia Beach shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Contract. In the event that no funds are appropriated and budgeted in any fiscal year for payments due under this Contract, Virginia Beach shall immediately notify Norfolk and Chrysler Museum of such occurrence and this Contract shall terminate on the last day of the fiscal year for which appropriation is received without penalty or expense to Virginia Beach of any k~nd whatsoever. 6. TERMINATION. The parties agree that this Agreement may be terminated by any party by the giving of sixty (60) days written notice to the other parties. 6. NOTICE. Notice shall be g~ven to the parties as follows: TO: City of Norfolk Regina V. K. Williams, City Manager 1100 City Hall Building Norfolk, VA 23510 TO: City of Virginia Beach Mac Rawls, Department of Museums V~rgima Beach Marine Science Chrysler Museum 717 General Booth Boulevard Virgima Beach, VA 23457 TO: Chrysler Museum William Hennessey, Director The CM, Inc. 245 West Olney Road Norfolk, VA 23510-1587 7. ENTIRE AGREEMENT. The parties agree that this writing constitutes the entire agreement of the parties and any amendment hereto must be in writing. CITY OF NORFOLK CONTENTS APPROVAL: Executive ATTEST: Norfolk City Clerk By: Regina V K Williams, City Manager APPROVED AS TO LEGAL SUFFICIENCY AND FORM LAW DEPARTMENT SEAL ATTEST: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By C~ty Manager/Authorized Designee of the City Manager Ruth Hodges Smith, City Clerk THE CHRYSLER INCORPORATED MUSEUM, Form & Correctness Approved: Mary L. G. Nexsen, Deputy City Attorney Office of the Norfolk Attorney for C~ty and Legal Counsel for Chrysler Museum By: William Hennessy, Director STATE OF VIRGINIA CITY OF , to-wit: The foregoing instrument was acknowledged before me this~ day of ,1999, by Regina V. K. Wilhams, City Manager for the CITY OF NORFOLK, on its behalf. My commission expires: Notary Public STATE OF VIRGINIA CITY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day of ., 1999, by , City Manager/Authorized Demgnee of the City Manager of the CITY OF VIRGINIA BEACH, Virginia, on its behalf. Notary Public My commission expires: STATE OF VIRGINIA CITY OF ., to-wit: The foregoing instrument was acknowledged before me this ~ day of , 1999, by RUTH HODGES SMITH, City Clerk of the City of Virginia Beach, Virginia. Not~ry Public My commission expires: STATE OF VIRGINIA 'CITY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day of ,1999, by William Hennessy, Director for The Chrysler Museum, Incorporated, on its behalf. My commission expires: /F \DataLs, TY\Forms\DEEDS\WORKING\Thoroughgood agr4 wpd Notary Public - 24 - Item V-J. APPOINTMENTS ITEM # 4552 7 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: HISTORICAL REVIEW BOARD MINORITY BUSINESS CO UNCIL PARKS AND RECREATION COMMISSION October 5, 1999 - 25 - V-L. 1 NE W BUSINESS ITEM # 45528 Counctl Lady Eure expressed concern and displeasure re the School Board's pending payment o fa bonus (approximately $1500-$5000) to each School Teacher who extends a contract for the Fall of 2000. Counctl Lady Eure beheved thts was to be an item on the School Board Agenda tonight, October 5, 1999 Councd Lady Eure has read the Letters to the Editor and has been aware of several prospecttve teachers who filed apphcattons wtth Vtrginta Beach, some of whom were outstandtng students wtthtn our Ctty. These prospecttve teachers were not offered a contract even after repeated calls to the School Board. They had been advised tt was up to the applicant to conttnually contact the School Board. Some of these prospective teachers have stgned wtth sister cities for even htgher salartes. At thts potnt "late in the game", the Vtrgtnia Beach School system offers them a contract and attempts to have them break their contract wtth sister ctttes The particular applicants, whtch Counctl Lady Eure knows, had enough integrtty not to do so. Councd Lady Eure expressed concern relative the addittonal items whtch could be bought for the system with these several hundred thousand dollars in bonuses. Council Lady McClanan echoed her concern and wtlhngness to support any document that Ctty Counctl would purpose October 5, 1999 - 26- ITEM # 45529 Mayor Meyera E. Oberndo~ entertatned a motion to permit Ctty Councd to conduct its CLOSED SESSION, pursuant to Section 2 1-344, Code of Vtrgtnta, as amended, for the followtng purpose' PUBLICLY-HELD PROPERTY: Discusston or consideration of the acquisttton of real property.for public purpose, or of the chsposttton of pubhcly-heM real property, for &scusston tn an open meettng which wouM adversely affect the bargatmng posttton or negotiattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3). Acqutsition/Disposttton of Property: Lynnhaven Dry Storage Central Business Dtstrtct LEGAL MA TTERS. Consultatton wtth legal counsel and brtefings by staff members or consultants pertatntng to actual or probable httgatton, where such consultatton or brtefing in open meettng would adversely affect the negottattng or htigattng posture of the pubhc body, and consultation wtth legal counsel employed or retatned by a public body regarding spectfic matters requtrtng the provtston of legal advtce by such counsel pursuant to Sectton 2 1-344(A)(7) Contractual Negottation - Central Business Dtstrtct Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Heischober, City Councd voted to proceed into CLOSED SESSION. Voting: 11-0 Counctl Members Vottng Aye' Ltnwood O. Branch, III, Margaret L Eure, Wtlliam W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr. and A M. "Don" Weeks Counctl Members Vottng Nay None Councd Members Absent None October 5, 1999 -27- ITEM # 45530 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Council Conference Room, City Hall Buildmg, on Tuesday, October 5, 1999, at 3:58 PM. Councd Members Present Linwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and,4 M "Don" Weeks Councd Members Absent' Wilham W Harrison, Jr and Vice Mayor William D. Sessoms, Jr October 5, 1999 - 28 - CER TIFICA TION OF CLOSED SESSION ITEM ii 45531 Upon motton by Counctlman Heischober, seconded by Vice Mayor Sessoms, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting reqmrements by Virgmta law were discussed tn Closed Session to whtch thts certification resolution applies; AND, Only such public business matters as were identified in the motton convening the Closed Session were heard, discussed or considered by Virgima Beach Ctty Counctl Vottng' 9-0 Councd Members Vottng Aye Ltnwood O. Branch, III, Margaret L Eure, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks Counctl Members Vottng Nay: None Council Members Absent: Wilham W Harrison, Jr and Vice Mayor Wilham D Sessoms, Jr, October 5, 1999 Beso ut ou 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 # 45529, Page 26, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~uth Hodges ~mith, CMC/AAE City Clerk October 5, 1999 Item V-M. - 29 - AD JO URNMENT ITEM # 45532 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:00 P.M. Hooks, CMC/AAE Chtef Deputy City Clerk Ctty Clerk Meyera E. Oberndorf Mayor Ctty of Vtrginia Beach Vtrgtnta October 5, 1999 16)-/t5-99 87:17 RISING TIDE PRODUCTIONS b~. l-UJ--OO I O,q'U ID-757 428 8788 P81/84 I-ll9 P 02/31 J0b'l~~ · TAt-LINGG AND RICHARDIiON~ AT'Y~RNIL'Yt Afro COUNSELORzl PAV~N ~NTER SUITE 801 VIK~IA BETH, VIR~IN~ ~1-4~ Ootobc~ 5. 1999 Pers~tl nd Confidential T£i.E~NCNq E FACSiMiLE The Honorable Don Weak~ Beach Evcnts C,~traet Dear Councilman Week;: Comet] today. I hope tha~ you/bid it tlSeflll, in addition to the ntm~ addressed tl~crcin, I was a bit m3eised by Mr, Spore's ~ to your qumstion about tl~ Cellar Door tax controversy by the City of Virginia Beach. IfI understand Mr. Spore correctly, he tndi~ tha~ was rcsolved with the City Council with some type of change in the taxing resulations. However, I do not see how any type of tax crum_ge could po~bly work in a retroactive mmm~. If Cellar Door has been forsiven for taxes whioh were due undcr thc old criteria, then it would appear tlutt anyone who paid it under tho old criteria is due a refund, or the City may hltve serious legal problems on the horizon, On another subject, it is my underKand~g that you have expressed concern with thc City's wil~ingr~s to do business with oertain individuals who have had past legal ptoblmus. If it we~ighs in your decision at all concernlna wimt to do about the Cellar Door bid for Beach ~vants, enclosed you will find r~veral pa/es from the trial mnscflpt f~om Bill Reid'$ suit in January, 1999 versus Jack Boyle~ Cellar Doar. and related parff~. You w/il note thai serial questions were asked regarding an ind/vidual Jade Boyle idont~ed u heir4 in his inru~ c/role of advisers. Mr. Howard was convicted of multiple counts of padding expenses in association will1 con~c~ held at the G~eensbom CoNr~m,n. Notwithsm~ng,, Zaek Boyle then hired him and cons/dc-rs him amou~ h/s most ~ allies, Further, ! beltove,.hg you ah'early know about Judge Padriok's obsorvations oonom~g tho oredibility of Mr. Boyio versus that of Mr. Rdd, and dbu' hmu/ug tm/m0ny for an ent/re week in the Virg/n/a Be~ c'~ir~ Court, conehuted that Mr, Boyle was 'not truth'hie' md that Mr. Reid 'wn c'm~le', h'the 'thirty-six years' of experience am'/buted to Ce]hr Door is really the exl~rieaeo of~'~,k Boyle, theu the City is ~ut to rely upon thc cxp~en~ of someone already ob.eewed by a judg= of this City to I~k cre~i/biliW, xm-es-g9 g6:49 TO:RI~ING TIDE PRODUCTION8 FROH: 11~-t95-99 197:1B RISING TIDE PRODUCTION5 ID=757 426 while/Snaring the eiShmm yem~ ol'e. oaeen ~~ ~~ m ~ ~k by ~in R~ a p~ ~m~ ~ eo~ ~ have ~bi~. P~ o~p~v~ ~ ~ is v~ ~I~, ~ wo ~ v~ ~~~ ~ ~ Ci~ ~cil my ~ ab~ ~ ~ ~ ~~ ~ a public ~le wo~d h~ ~ ~k ~ a ~te ~d we ~ ~ ~u ~H ~t ~low i~ Should you rmed ally ~ldilional mflm-fi~on imm us whatsoever, pl~.,,, do n~t hest~ to ocu3taot rn~ or Slonn~, St~l!;.~..*s, W~ ~p~c, oiJtt~ yom' cemf~ attrition ill this ~ sO ltar, 811d hopo thai tho truth will ~m~ uom~ durtns this proccm. Wi~ kind milreis, I sm. ~.nclomre X~-05~99 05:4g TO:RI~INO TIDE PRODUCTIONS 0CT-05-99 IT:36 From: ?-?01 P 02/0~ Job-666 WILLIAM C ltI~r4.':HOFF M&RK T DEL DU~A KE:VIN E. MARTI~Y~E JOHN W, RICH~ROBOH STALL. lNG! AND RICHAlqDION) la.C;. ATTOf~fl~r¥5 AND COUI~IIBEI. Qfl~ AT LAW PAVILION C:ENTi:R ~UIq'E 8OI lbO. mox tG-? ¥1ROINIA NACI-I, VIIIIGfNIA ;~$451-41~4 Oc~robe~ 5, 1999 Re: Beach Event~ Contrnet Dear City Council Member:. I was in attendanc~ today at the "informal session" of the Virginia Beach City Council at which the Beaoh Bvent~ oontraet was discerned, and after seeing the presentation by City Staff, I~ feel compelled to write this letter on behalf of my cheat, Bill Reid, president of Rinln8 Tide PLrst, I believe that you have been presented emmeous information concerning the bid put forth by Riain$ Tida Producflot~. Ac~,ordinsly, on Wednesday momin&, a complete copy of the pn)posal submitted by Rising Tide will be delivered to City Council Chambers for each of you to pick up at your leisure. I encourage you to read tho infomuttion oontainod therein, and see for yourself whether or not prope~ faet~ and information have been provided to you. For inatnnoe, I know that Councilwoman Nancy Pndcer n~ked repeatedly ~hnt typ~ of new proBmnua were offered by the applicants for the oonttact and her question was never answered with reE~'d to Rising Tide. 19dsing Tide's proposal ¢ontairm plans for twenty new programs mo~t of which are designed to be "family friendly". Bill Reid is confident that his proposal contains ideas for more new family oriented activities than any of his competition. Second, regarding tho experience of the applicants, the information presented was cmnpletely misleading. Bill Reid began his career in the conoert promotion business in 1981 wkh Cellar Door Productions back when the company was no more than a three person offioe Iocatod in Virginia Beach. He was president by 1982, and quite literally wu the face of Cellar Door Produotions until he was terminntcd (without cause) from Cellar Door Productions at the end of 1997. He then immedintcly set up his now company, Risins Tidc Productions. Inc.. which has promoted events throughout Virginia, including ooncorts sorie~ hold at Innsbrook in Richmond nnd Millpoint Park in Newport Nows. In summnry, Bill has ei~hteen yc~'a of experience in the industry-all of it based out of Virginla Bench--and was the individual who secured the Beach Events Contract for Cellar Door Productions back in 1994. By oontrast, Cellar Door Productions has now been absorbed into a New York based 0CT-05-99 17:36 Froa: T-?O1 P 03/03 Job--666 cono~ert outfit, SI~X Entertatum~t. g~ ~~~t ~ ~ ~ ~e ~~ buM~z ~r about ~ ye~, ~d ~ ~ to a ve~ I~ge si~ by p~~ng ~fito~, ~lud~g ~1~ Do~, ~ ~r whom at Cell~ D~r ~ SFX ~ 't~-~x y~' ofo~~, we ~ baffi~ ~lesn ~t ~e ~on is J~k B~yI~, who h~ n~ ~d~ in V~nia Beth, ~d h~ m~ so~ obs~ado~ in ~c m~a ~c~g o~ conc~ m~et w~ ~t to ~ ~e mcmb~ of ~ Co~l ~me con~. No one ~n ~ ColI~ ~r ~mp~y w~ is b~ in Vir~a B~ch h~ mo~ ex~en~ th~ Bill Reid ~ ~n~ ~mofion. No one. In 1994, this contract was awarde~l to Cellar Door alter a public comment action, and was awarded on the basis of a City Cotmcll vote. Shlce it ts our information that Bill Reid unde~oid Cellar Door by $160~000.00, this council should oonsid~ this matter at th~ formal s~asion, allow an opportunit~ for public comment, and then vote 'on thc roc~ord", In a time whim thc taxpayer~ arc vcr~ sensitive to erotica about ~waste/ht spending', it ia important for c~h and every member of this council to justi~ awardin8 the Beach Events contract to the hi~hmst biddm', Cellar Door. instead elto the low.st bidder, Ristna Tide. Finally, we have revi~-wed th~ Virginia Pmcurmnm~ Act and do not believe that contract can be awarded to Cellar Door without violating the Act, The Act requires that the lowest bidder be awarded the contract unless the bidder ia found "not responsible*, It is our understanding that the award to Cellar Door oonstimt~e nothing more thru a mere preference, and the prefer~p, oe is based upon numerous factual errors, some of which are outlined above. Wtthout question, Rising Tide is a "responsible bidder" md has 0omc in with tho low bid. Therefore. it is th~ obligation of the City to award the contract to the lowest responsible bidder. R.i,gng Tide Productions, Ino, In conclusion. I hope that you will r~vi.~v thc contents of this co~donco very carcftdl¥, raview the bid and proposal information whioh will be delivered to the City Council offiems on W~tnmsdsty, October 6th, nad th. cra plnee this matter on the City Cotmeil nSandn for public comment and sn official ~on the re, rd" vote. Your constituents deserve no less. and the companies who enp. a~cd in the bid procmm deserve no less. This maR~ warrants a careful study and a public vom. If you hoed any additional inibrmation or have any questions or concerns, plea, aa do not hesitate to give me or Sonny Stallings a call. Rmspect~-ully yours,