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SEPTEMBER 2, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORI~, At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY l- DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McCLANAN, Rose Hall - Dtttrtct 3 RICH4RD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Princess Anne - D~stnct 7 PETER W SCHMIDT, At-Large RON A ~TLLANUEVA, At-Large ROSE~tARY WILSON, At-Large I4btES L ROOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEY Cay Attorney RUTH HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 2 September 2003 CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427.4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I CITY COUNCIL'S BRIEFING - Conference Room - 1:00 P.M. A 2026 REGIONAL LONG RANGE TRANSPORTATION PLAN Dwight Farmer, Deputy Director of Transportation - HRPDC CITY MANAGER'S BRIEFINGS III mo PRINCESS ANNE PARK ATHLETIC FIELDS Cindy Curtis, Director, Department of Parks and Recreation TOWN CENTER PLAZA DESIGN Mark Wawner, Department of Economic Development REVIEW OF AGENDA ITEMS IV COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS VI INFORMAL SESSION - Conference Room - 3:30PM mo B CALL TO ORDER- Vice Mayor Louis R. Jones ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION VII FORMAL SESSION - Council Chamber - 6:00 PM A CALL TO ORDER- Vice Mayor Louis R. Jones B. INVOCATION: Reverend John Boyer, Pastor Church of Christ, Creeds 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 August 26, 2003 G AGENDA FOR FORMAL SESSION H MAYOR'S PRESENTATION 1. RESOLUTION - SPCA "POOP POLLUTES" PUBLIC HEARING 1. LOCAL LAW ENFORCEMENT BLOCK GRANT J CONSENT AGENDA K ORDINANCES/RESOLUTION Ordinance to AMEND and REORDAIN Section 2-78 of the City Code re background tnvesttgations of applicants for public employment and volunteer positions . Ordinance to AUTHORIZE execution of a Memorandum of Understanding (MOU) w~th Lynnhaven River 2007, a private, non-stock corporation whose purpose ~s restoring and preserving the estuary habitats ~n the Lynnhaven River o Ordinance to AUTHORIZE acquisition of the Adam Thoroughgood House, from the C~ty of Norfolk, ACCEPTANCE of a Special Warranty Deed and Deed of G~ft for the contents and arttfacts, and the EXECUTION of an Agreement and Promissory Note ~n the amount of $250,000, payable ~n five (5) equal annual installments Resolutions PETITIONING for REIMBURSEMENT re extraordinary expenses borne by the City of Virginia Beach as the s~te of the John Allen Muhammad Trial: o The Virginia Beach Congressional Delegation The Governor of the Commonwealth of Virginia The Virginia Beach General Assembly Delegation L APPOINTMENTS AGRICULTURE ADVISORY COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION WETLANDS BOARD M UNFINISHED BUSINESS N NEW BUSINESS 0 ADJOURNMENT Agenda 09/02/03 st ~-~vw vbgov.com 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 42%4305 (TDD- Telephonic Device for the Deaf) o~- OUR MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2 September 2003 Vtce Mayor Louts R Jones called to order the Ctty Manager's Brtefing re 2026 REGIONAL LONG RANGE TRANSPORTATION PLAN tn the City Counctl Conference Room, Ctty Hall, on Tuesday, September 2, 2003, at 1 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Absent Mayor Meyera E Oberndorf Ron A Vdlanueva Rtchard A Maddox {Representtng the US Conference of Mayors on Mission to Africa 2003 (delegation of nine (9) Mayors / Mayor Oberndorf ts leadtng thts delegatton to Swaztland] [Entered 1 26 P M] [Entered Closed Session 3 06 P M Left 600PM] -2- CITY MANAGER'S BRIEFING 2026 REGIONAL LONG RANGE TRANSPORTATION PLAN 1:00 P.M. ITEM # 51613 Robert Matthtas, Asststant to the Ctty Manager, advised every three (3) years, the Hampton Roads Planning District Commission (HRPDC), must develop a Regtonal Transportatton Plan that ts both fiscally constratned, as well as atr quahty conformtng Mr Mathtas tntroduced Art Colhns, Executtve Dtrector and Dwtght Farmer, Deputy Dtrector of Transportatton, and Rob Case, Prtnctpal Transportatton Engtneer - HRPDC Mr Farmer, dtstrtbuted tnformatton relattve the DRAFT HAMPTON ROADS 2026 REGIONAL TRANSPORTA TION PLAN This matertal was submttted after approxtmately etght (8) months of monthly dtscusstons and debates Several dehberattons tnvolved the content of the Plan betngfiscally constratned The elements were brought forward from the locahttes' Comprehenstve Plans The prior two years of thts final dtscusston was expended worktng wtth local governments and staff revtewtng the respective Plans A hypothettcal evaluatton of "smart growth "prtnctples was also revtewed Regional Vision One tnter-connected regton Maxtmtze ports as a key component Mass transtt tmportant Southstde connectton to Rtchmond ts tmportant (1-95 Corrtdor) User fees as basts of tmprovements Smart growth prtnctples shouM guide growth Matntatn extsttng system Strategic Criteria (used in project selection) Multt-jurtsdtcttonal Cost-effectiveness chart Regional economic development Be fundable and butldable Conststent wtth Comprehenstve Plans Mr Farmer referenced a recent charts now on the HRPDC webstte www hrpdc org The two-color chart entttled I/DOT Constructton Fundtng tn Constant $ 's and I/DOTFundtng for Hampton Roads and I/DOTFundtngfor Hampton Roads The buytngpower of I/DOT constructton funds ts actually forecasted to dechne after FY 06 Building Blocks Block "A": Regional Projects: $6-BILLION (1) Planned Local Highway Projects (including Urban, Secondary): $1.3-BILLION Intelligent Transportation Systems (ITS), Bike/Pedestrian, Miscellaneous Highway: $0.5-BILLION Committed Projects (Construction $'s in FY-03 TIP (2): $0.9-BILLION (1) Extsttng fundtng formula ($2-BILLION), tolls ($3-BILLION), and Federal and State Transtt ($ I-BILLION) (2) "TIP" Hampton Roads k'trgtnta Transportatton Improvement Program, HRPDC, September 2002 The Block A "red" coded projects wtth the Regtonal Transtt projects hsted tn the Top 'half of the chart The Regional Htghways are deptcted tn the lower 'half of the chart September 2, 2003 -3- CITY MANAGER'S BRIEFING 2026 REGION~IL LONG RANGE TRANSPORT/ITION PL/IN ITEM # 51613 (Continued) Highway Projects Committed In FY03 TIP and Planned Local Highway Projects ('TIP" Transpoflatmn Improvement Program, "Local" Projects to be bult w~th Urban, Secondary, and local funds) 2003 2026 Cost. ~ Pm~ect From To Work Lanes Lanes FyQ4--FY26* SUFFOLK _23:.2_to_ _ _ ~_,_ L,_ _s_% .N_ ................................................................. . .N.~..,~ _~.~ _~ _~ _v.e. r_.b.-".c~ .~.. _ .W. ~ .~ _~.tm_,_c.o. ............ .T.,..m.. ~.n..~ s. ~ ............. ~ ...... ~ ............... .$__~_ ._.2..6:.2..~.2.....S~....S.~.k...S.~..~ .................................................. ..C.a.r.oJ,.n..a. ~ .d. ................. .U..S.~.8. .......................... ~.w...A.~!~.n.~.n.t. .......... 9. ...... .4. ............... .%2. ............. .m..~.~.c...T. ! .P.p.r..oJ...~... £~._k..,~..~.~.r.,..L .~..,..,j.~q ~!~ ~t~/ ........... .n...a. ........................... ."3. .............................. .m. ;s..c. ..................... .n..a. .... .n..a. .............. .$.9_ ............. _.S?.c..o..~..a..rZ .=_e__t.~__=). _~__=..f..or. r_9.c.. _o~...tt_..~..u. gp.~ .t.?..n.I._a..m_~ _e_t.% ........ .n...a ............................ .n..a_ .............................. .mj.s_.c_ ..................... -"..a. .... .n_ 9. ............. _$.2.2. 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( ~s..,..e.r. _m. fll~., .sJ.~. ~. ~ 93) ..................... .w...~. t .a. pl~.9.a..cg.e..s' ........... 9.a.~.a.£.p..m..a.9?..s.. .............. _Rg_c.o_mj. mc. !Lqg. .......... _4. ...... .4_ .............. .$_6.9- _2A--4/_ _w..~_ :j.~t ~__D.r' .............................................................. __N_o.~_C__L. ...................... _B_a_k__ef_Ed' ....................... .W.:_d.e..,j_n.~ ................. .2. ...... ~ .............. _$J.]. ..2. ~:2. 9.~.. ~9~.t..N. ~.c..k_ _P. _ .k'~,y.. ~ .x.t'~. .................................................. ~19.o.~ .................... .N. 9~.h..L.9.~ ~.99. ~ ............. .N.9_w. _.AJ!gg.~9_t ........... _0_ ...... _4. ............... _$__9_ .29_-~9.~__.W..~_%t..S.~k_.~k..~..~x.t.'~._ ................................................. _N_.o.~n..L_n.n_~.,.n.g.~..d. ........... !.n~:~-".~L~.r.~ ................ .N.9.w...AJ!~9.~gJ ........... _0_ ...... .4. ............... .$..5. .. _2_ _6.~ _o j_ _ _ _w_ .!.%t_ _N. _e_c. _k_ _R_ _d_ ............................................................ .~_o. ~ .L..a.n..djg. g..R~ ........... ! -".a_ La_n_ _R_ L~.r _ _~_. ................ _W_j_d_o__njg_g ................. _2. ...... .4. ............... _$__9. .. ~ ~ -a.~... ~.t~.a.~ .~..,..a. ............................................................ j:~a..4. ......................... _v_~§!.~.. ........................ .w..Ld.e..n.,.n.~ ................. .4. ...... 9_ .............. _$!.% .. _2_ _6_-_3_ _~_ _ _ _ _w_ .l_t_ _c0_ .d. _u_c_ _k_ _R_ _d- ............................................................ _ _pg. _ri.c_ _m_ _s_ _ _~_ _n_ 9. B_d- .......... !:2__6_4_ ............................ ~j _d_e_ _njg_~ ................. .4_ ...... _6_ .............. $_.1__9_ ............. .m.J.,.~..Z!.P. p_r_gJ_...a.?..(.u..~...~.~.,.~r..n..~.~.._~_.,.~ltn..~J~,. *_t..c.l ........... _n_ 3_ ........................... .n..a_ .............................. _m_ ,.s__c_ ..................... 9..a_ .... _n_ _a. ............. $_.1_ ]_ Subtotal $835 WILLIAMSBURG .._2_§:9.~___~.c_.h_._mg__n__a__~.~ ............................................................. _~_£.~__k.s_s_! .................... _M..o_ ~,_c. eJ Lo_ _ _A_~ ................. _R. 9_c.o_ .m_ _t. _ry. _ctj.q .n- .......... .2. ...... .2_ ............... _$_% ._2.9:.a_oL.~..,_?..a.?_a' ............................................................ _M..o.n.~.c.,.!.o..A.? ............... _,_9_?_,.ge.e...m.. ................. .w.,.a.e..,,.,.o ................. 9. ...... .4. ............... ...2_9:.a_~___.m__,__3.~_t__a.~_.~.,.~_.~...,.B.a.).,_t.~_~.,__~3)_~ ................................. .._~ ............................ _._~ .............................. T.?.__L.~_n__~ ............ _._9. .... _.3. .............. ~._ . ~.2..6.- 3._.~.....'r.r..e .X~..u.r..n' . .D~'..~.x.t .......................................................... _M. 9.n.t. Lc. eJ .I 9..A.~ ............... .I r. ~__bg.u_9_d_..R.d' .................. .N. 9.w.. _AJ, g_.9_~9.t .......... .0_ ...... .2_ ............... .$_9. Subtotal $13 YORK COUNTY .29:~J-.~--..~..~-~. .~.?.. .mt. ..d...~-%~-L~]o~°-I .......................................... .R..t.e_. !?_ ....................... .O.!d. .Y..9.~.:.H..a..m~t.9.n..H..~ ....... N_ 9.w...AJ '.9.n. _me_n.t .......... 9. ...... .4. ............... .$..0. ....2A-- 4J.. _..u..s. j .~. ~.c.. _~y..~:_s.~ .~. - ~ .w_~_~3) ..................................... H _a_ r~okqg_H_wx ............... .W_~f..T..m. 9. ~.d. .................. _vvj .d.e..,;.,.g ................. ~ ...... ~ .............. .si..5. ............. ..~..s~..T.! .P.p.[ .oJ...~_ £~..k_~.w,_ ~_.~_ :_,_ _rog_ .,_ :~_~g~J~_~ ~%~1 ........... _n_a_ ........................... .,.9. .............................. .m. E .c. ..................... _.3_ .... .n_a .............. _S3_. ............. . .sg..c..o..~..a..ry..%,..t:9. :3_~. ,_ _f~.:_~.. _o~...t..~...t!~d~. ?_ !9.~ s_~ ~3. ~- ........ .n_..a_ ........................... ."_9_ .............................. .m_Lsg. ...................... _...a. .... ."3. ............. _$.%.8_ Subtotal $36 September 2, 2003 -4- CITY MANA GER'S BRIEFING 2026 REGIONAL LONG RANGE TRANSPORTATION PLAN ITEM # 51613 (Continued) It ts anttctpated fun&ng wdl be avatlable for the Virginia Beach projects totaling $835-MILLION Thts ts a fairly pre&cable revenue stream Commenctng on Page 12 are the Candidate Highway Projects NOT included in the 2026 Regional Long Range Transportation Plan. These are color coded VDOTwtll take thts Plan through its computer stmulatton to assure the Federal regulatory representattves, the Plan does not vtolate atr quahty conformtty Once the atr quahty standards are assured of betng met tn the future years, the HRPDC wtll come back to the Metropolitan Planning Organization (MPO) no later than December 2003for a final endorsement of a fiscally constratned ,4tr Quahty Controlled Long Range Plan If a project ts not tn thts Plan, then the project wtll essenttally not be butlt tn thts Regton The "blue coded" are the commttted projects, the safest best projects The Ctty has local prerogattve, wtth thetr urban allocatton funds, to change thetr projects A Master spread sheet shall befurmshed detathng the TIP and formula money projects beyond the 6-year program Relative the Hampton Roads Brtdge Tunnel, the only element currently included tn the Plan ts the first segment of the Momtor- Merrtmac Memortal Brtdge Tunnel (east west connector) of the Thtrd Crosstng whtch runs from the mtddle of the water (tn the vtctmty of the battle of the Momtor and Merrtmac), across and back over to 1-564 Thts has been tagged as the Envtronmental Impact Study some years ago was beheved to be constructable faster than the others to provide a rehef valve tn the event of a major breakdown back up at the Hampton Roads Brtdge Tunnel However, this segment does notprovtde addtttonal capactty Fun&ng of the entire Thtrd Crosstng would entatl a cost of between $4 to $4 S-BILLION Constructtng the enttre Third Crosstng could only have been accomphshed wtth the 11¢ per regtonal gas tax The State and Federal government rejected thts tax as not betng a reasonable expectatton tn the next twenty-three years Mr Colhns advised tf a toll ts placed on the Hampton Roads Brtdge Tunnel, then the gas tax would only be about 7¢ over the 23 years Mr Colhns advtsed, as a part of the con&ttonal approval of thts Plan, HRPDC wtll follow up with a Regional Toll Feasibility Study. Public Review Meetings 2026 Regional Transportation Plan September 4, 2003 Princess Anne High School Virginia Beach Thursday 3:00- 7:00 P.M. September 8, 2003 Heritage High School Newport News Monday 3:00 - 7:00 P.M. September 10, 2003 VDOTDistrict Office Suffolk Wednesday 3:00 - 7:00 P.M. September 11, 2003 James City County Government Center Williamsburg Thursday 3:00 - 7:00 P.M. September 15, 2003 Kirn Memorial Library Norfolk Monday 3:00 - 7:00 P.M. September 2, 2003 -5- CITY M/INA GER'S BRIEFING 2026 REGION~IL LONG RANGE TRANSPORT/I TION PL/IN ITEM # 51613 (Continued) Comments are conttnually betng recetved on the HRPDC webstte A hsttng of the multt-jurtsdtcttonalprojects, the Cost Effecttveness Analysts spread sheets and a detatled hst of the content of the HRT program wtll be provtded Relattve the Domtnton Boulevard bridge, HRPDC rehed on the Cay of Chesapeake and the Vtrgtnta Department of Transportatton's (VDOT) mutual agreement as to the cost esttmate for the bridges and approaches only There are sttll substanttal porttons of Dommton Boulevard, whtch are not funded wtthtn the context of the Transportatton Plan Concern has been expressed about esttmatmg on the conservattve stde and not betng aware of the hetght of the Brtdge Mr Matthtas concluded advtstng through the HRPDC webstte www hrpdc org , the vartous documentatton ts provtded to the pubhc. The hst of five (5) pubhc meetings ts hsted on the Ctty's webstte To double the stze of the Hampton Roads Brtdge Tunnel, OCrom 1-564 to 1-664) would encompass approxtmately $2 5- BILLION The Hampton Roads Planntng Dtstrtct Commtsston (HRPDC) was prohtbtted from anttctpattng orprojectmg any ktnd of regtonal or statewtde gas tax over the 23-year timeframe VDOTand the General Assembly have accepted, as fact, that by the end of thts decade, lacktng actton by the General Assembly, there wtll no longer be enough funds tn the Commonwealth to match any federal dollars commg tnto the State Thus, VDOThas assumed the General Assembly wtll have a gas tax increase In order to secure federal funds, there has to be a gas tax September 2, 2003 -6- CITY MANA GER'S BRIEFING PRINCESS ANNE PARK ATHLETIC FIELDS 1:50 P.M. ITEM # 51614 Ctndy Curas, Dtrector- Department of Parks and Recreaaon, advtsed the presentatton wdl concentrate on Phase II development of the United States Field Hockey Association (USFHA) complex and the Princess Anne Park Athletic Fields Ms Curtts tntroduced Barry Frankefield, Destgn and Development Admtmstrator - Parks and Recreaaon Mr Frankenfield advtsed Princess Anne Commons consists of 1,400 acres of City owned property ,4 posstble concept of the Prmcess ,4nne Commons area (proposed several years ago) was &splayed At the ttme, the Sentara Healthcare complex had not been proposed A revtsed map tnchcattng the proposed Sentara complex, Princess Anne Park relocation and existing Princess Anne Park: PRINCESS ANNE COMMONS ,4pproxtmately one and 'half years ago, Parks and Recreatton assumed responstbtltty for the management of the Sportsplex. The United States Field Hockey facdtty has been successful The cost ss approxtmately $3. 7-MILLION Two arttfictal turf fields were butlt first The second phase has been destgned and btd The nottce to proceed wdl be tn approxtmately two (2) weeks The facthty wdl tnclude a locker room, a spectator restroom and hghttng of the new fields Under the current budget, the bleachers cannot be butlt However, tt was decided "temporary" bleachers are preferable to "temporary" restrooms The Umted States FteM Hockey representattves are tn accord wtth thts representatton The Prtncess ,4nne Park expanston project started tn 1995 wtth acqutsttton of Lake Rtdge property and the Amphttheater The Master Plan and Economtc Impact Study were completed tn 1998 Phase I wdl open tn Sprtng 2005 September 2, 2003 -7- CITY MANA GER'S BRIEFING PRINCESS ANNE PARK ATHLETIC FIELDS ITEM # 51614 (Continued) The ortgtnal 1998 Master Plan consisted of four (4) pods encompasstng stxteen (16) athlettc fields The Army Corps of Engtneers assumedjurtsdtctton over a major dttch, as well as some otherporttons whtch had to be reahgned Another major tssue ts relattve the one road connecttng Dam Neck and Landstown Roads In the ftrst phase, there wtll be an entrance and extt, no dead-ends Therefore, a dead-end parkmg system wtll not be butlt The parktng system wtll encompass approxtmately 1,000 parktng spaces 8 Tournament Quality Ball Fields - lighted w/irrigation 7 Soccer Fields- 2 lighted w/irrigation Contract Station and Administration Offices 3 Restrooms Expanded Lake w/Trails and Picnic facilities 30+ acres for special events, skate park, etc. Wtthtn thepast year, Ms Curtts advtsed there has been excesstve "turnover" wtthtn the Umted States FteM Hockey Assoctatton (USFHA) leadershtp Next week, Ms Curtts and staff wall be spendmg two full days wtth the new Executtve Dtrector, Prestdent of the Board of Dtrectors and the Operations Ltatson to the Ctty's staff The "wings of change" are postttve USFHA ts provtdmg $120,000 tn support of development of Phase II USFHA wdl coordinate wtth the Ctty re scheduhng of thefacthttes, tn order to maxtmtze utthzatton Ms Curtis ts anttctpattng by the end of next week, there wdl be revtstons to the agreement. USFHA ts the prtmary feeder stte for the Olymptcs Vtrgtnta Beach hopes to become known as the entire training and location spot for the Olympics The Ctty ts conferrtng relattve obtatntng this destgnatton Stnce thetr new coach has come on board wtth new staff members, thetr team has been energtzed wtth new and returmngplayers The team fintshed second, only lostng to the World Champtonshtp Team 3 to 1 Ms Curtts hoped the City would be the tnternattonal spot to host Fteld Hockey Games Relative a "spray"park (approximately $300,000), Mr Frankenfield advtsed key items have been identified to be constructed wtthtn the budget Ms Cunts advtsed the htgh quahty facthttes are focused on several prtmary athlettc sports (soccer, field hockey and softball) A "spray "park would become a stdehne amentty, rather than a prtmary draw Mr Frankenfield advtsed concermng the ballfields, constructton should commence by March 2004, wtth opentng the followtng Sprtng There are two posstble opportuntttes for a skateboard park, one comprtsed of approxtmately 18 acres. The ftelds wdl be destgned and budt as softball fields, adjustments wdl have to be made to utthze for hard ball baseball Ms Curtts advtsed due to economtc drivers, the fields were prtmardy destgned as softball complexes There are tremendous tournaments from youth to adult Baseball complexes are not growmg as qutckly Softball truly ts a hfelong sport The facthttes wtll be tn comphance wtth ADA regulattons and accesstble to persons wtth dtsabthttes September 2, 2003 -8- CITY MANA GER'S BRIEFING TOWN CENTER PLAZA DESIGN 2:08 P.M. ITEM # 51615 Mark Wawner, Town Center ProJect Development Manager -Economtc Development Department, tntroduced Burrell Saunders, Prtnctpal- CMSS Architects, and Paul Gareau, ProJect Landscape Archttect - Town Center Plaza, who presented tnformatton relattve the Town Center Plaza Design. Mr Saunders &splayed on the map, the location of the pubhc square Block 4 whtch conststs of the hotel Block 10 constructton has commenced tn thts locatton Constructton documents are betng completed on Blocks 8 and 3 This area (locatton of the plaza) wtll be encompassed by butldtngs and form the pubhc square of Vtrgtnta Beach The square ts approxtmately 27,000 square feet from inside of curve to face of building Thts parttcular square wtll have vartous types of usages Thts plaza becomes a "large hvtng room" of the ctty Thts area ts to express sophtsttcatton, an atr of quahty relattve the Ctty The tmpresston of the Ctty shall be estabhshed at Town Center One of the butldtngs becomes engaged, due to the monumental statrs leadtng to the second floor of an outdoor plaza, thus provtdtng a multtple dtmenston The plaza has been dtvtded tnto three (3) prtmary areas southern portton - resptte pavered plaza wtth trees', mtddle open square -multt ttered fountatn contatmng statrs and walls and, back - matn facade wtth a small cafe area, and, northern portton- 18" sunken area wtth statrs to allow an event, second small fountatn on a raised area There are walls encompasstng the whole area wtth a ramp for the &sabled, allowtngpeople to gather and enjoy the concert The matertals to be utdtzed wtll be Turktsh hmestone (sample dtstrtbuted), wtll be tntegrated wtth the pavers The successful Plazas are clean and tnvtttng Matertals and fintshtngs must be easy to matntatn Low walls (precasO become benches to match or be stmtlar to the hmestone fintsh on the ground Mr Saunders &splayed a sketch of the concept The restdents of the luxury apartment complex wtll have the Plaza as a backdrop Thts encompasses a space of approxtmately stx (6) square feetperperson Theplaza could house approximately 3, 000/4, 000 attendees for a major event If the streets were filled, thts could entatl 16,000-17,000 people The fountatn tn Reston, Vtrgtnta, was utthzed as a tnodel The matn breadth of the large fountain ts approxtmately 120feet Seasonal color will be tnsttlled throughout The landscaptng wdl be attracttve and tmpresstve Concern was expressed relattve holes (large enough to catch a ladles' heel) tn the hmestone Mr Wawner advtsed relattve the Plaza, the placeholder tn the Budget was approxtmately $700,000. Stnce that time, the tnfrastructure budgets have been refined, constructton oversight responstbthty has been modtfied to reduce costs and btds have been opened on the second phase of the mfrastructure for Town Center Through all of these savtngs, the project and budget approved wtth the Phase II Development Agreement should be adequate to butld thts project The Town Center Plaza is estimated to cost approximately $1,700,000. The total budget for Phase II for tnfrastructure, streetscapes and plaza was $ 7. 6-MILLION Approxtmately $200,000 was saved on Phase I, however, streetscape improvements are sttll conttnutng tn front of the hotel and TowneBank Vtce Mayor Jones polled the Ctty Councd BY UNANIMOUS CONSENSUS, the City Manager and staff shall proceed with the design phase of the Town Center Plaza. September 2, 2003 -9- ,4 GEND,4 RE VIE W SESSION 2:37P. M. ITEM # 51616 H M,4 YOR 'S PRESENT,4 TION 1 RESOLUTION- SPCA "POOP POLLUTES" Council Lady McClanan sponsored the Resolution and wtll make the presentatton durtng the Formal Ctty Counctl Sesston ITEM # 51617 K3 Or&nance to AUTHORIZE acqutsttton of the ,4dam Thoroughgood House, from the Ctty of Norfolk, ,4 CCEPT,4NCE ora Spectal Warranty Deed and Deed of Gt. ft for the contents and artt_facts, and the EXECUTION of an Agreement and Promissory Note tn the amount of $250,000, payable tn five (5) equal annual tnstallments Counctl Lady McClanan beheved there wouM be ctttzens regtstered to speak tn support of the Ordtnance ITEM # 51618 K4 Resoluttons PETITIONING for REIMBURSEMENT re extraor&nary expenses borne by the Ctty of Vtrgtnta Beach as the stte of the John ,411en Muhammad Trial (1) The Vtrgtnta Beach Congresstonal Delegatton (2) The Governor of the Commonwealth of Vtrgtma (3) The Vtrgtnta Beach General Assembly Delegatton Counctl Lady McClanan beheves the Department of Justice should be tnvolved tn the request for retmbursement of funds Counctl Lady McClanan requested reasons be stipulated for vartous expenses t e cable televtstng Davtd Sulhvan, Chtef lnformatton Officer, advtsed the Justtce Department dectded to fund prosecutton of these types of crtmes Vtrgtnta Beach ts notprosecuttng, however, only hosttng the trtal and are not ehgtble for this particular hne of retmbursement from the Department of Justtce There ts no spectfic ,lusttce Department grant for the Ctty's type of cost Mr Sulhvan advtsed the Chesapeake Court House ts butlt to handle closed ctrcutt televtston The Vtrgtnta Beach Courthouses do not have closed ctrcutt capabthty Everythtng must be tnstalled 'from the ground up" A detatled accounttng of component expenditures wtll be provided The Ctty Attorney advised, tn the case of Prtnce Wdham, there was a spectfic grant source Vtrgtnta Beach does not meet thts crtterta Three separate resoluttons wereprepared Congresstonal Delegatton, Governor and General Assembly These resoluttons &rect the Mayor and Ctty Manager to also do all thtngs necessary to seek retmbursement for the extraordtnary expenses of thts trtal September 2, 2003 -10- AGENDA RE VIE tV SESSION ITEM # 51619 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: K1 K2 K3 K4 Ordtnance to AMEND and REORDAIN Sectton 2-78 of the Ctty Code re background tnvesttgattons of appltcants for public employment and volunteer positions Ordtnance to AUTHORIZE execution ora Memorandum of Understan&ng (MOU) wtth LYnnhaven River 2007, a prtvate, non-stock corporatton whosepurpose ts to restore and preserve the estuary habttats tn the Lynnhaven Rtver Or&nance to AUTHORIZE acqutsttton of the Adam Thoroughgood House, from the Ctty of Norfolk, ACCEPTANCE ora Spectal Warranty Deed and Deed of Gtft for the contents and arttfacts, and the EXECUTION of an Agreement and Promtssory Note tn the amount of $250,000, payable tn five (5) equal annual tnstallments Resoluttons PETITIONING for REIMBURSEMENT re extraordtnary expenses borne by the Ctty of Vtrgtnta Beach as the stte of the John Allen Muhammad Trial (1) The Vtrgtnta Beach Congresstonal Delegatton (2) The Governor of the Commonwealth of Vtrgtnta (3) The Vtrgtnta Beach General Assembly Delegatton September 2, 2003 -11- CITY COUNCIL LIAISON REPORTS 2:43 P.M. ITEM # 51620 Counctl Members Maddox, Reeve, and Vtllanueva held their second Senior Citizens Real Estate Tax Relief Task Force Meeting last week All members were tn attendance Management Servtces provtded scenartos relattve "freezing of rates" and ttme constratnts re residency Rtta Sweet Belhtto, Task Force Member, provtded a detatled spread sheet showtng compartson wtth others In November a two prong approach wtll probably be presented What the Ctty Counctl can do under prevwusly approved hmtts from the General Assembly and what the City Counctl shouM be dotng, knowtng thts wtll requtre General Assembly approval and code amendment Counctlman Reeve beheves there wtll be two recommendattons (1) to tncrease thresholds for the truly tndtgent restdents, and, (2) do what ts rtght for the general communtty, knowtng approval of the General Assembly ts reqmred ITEM # 51621 Counctl Lady Eure, referenced the Sentara Trauma Center Task Force Meeting, Charred by the Mayor on Frtday, August 29, 2003 Counctl Members Dtezel, Eure and Wtlson were tn attendance Dr Mttchell B Miller was elected Chatrman of the Task Force Pertmeters were estabhshed Sentara offictals wtll present a more tn-depth brtefing relative the Sentara Virginia Beach General Hospital's Trauma Center designation changtng from a Level H to a Level III at the next Task Force Meeting. Counctl Lady Eure advtsed she personally had a lengthy meettng wtth Donald Clark, Chatrman of the Sentara Board and she hopes hts dtscusston will be as candtd wtth the Task Force as he was wtth her The tssue of competttton was also referenced and whether the Task Force wtshes to revtew all posstbthttes for provtdtng Health Care Dtscusston entatled whether the Task Force could RECESS into CLOSED SESSION for dtscusston of senstttve matters The Ctty Attorney advtsed the Task Force ts a pubhc body and subject to the Freedom of Informatton Act Dr Mtller wtll confer wtth the Ctty Attorney relattve the spectfic tssues and the Ctty Attorney wtll revtew these tssues to determtne tf there ts an exceptton tn the Freedom of Information Act for them to go tnto Closed Sesston The Mtsston of the Task Force was to provtde response to Ctty Counctl tn November, however, Dr Mtller and others are concerned wtth related ttems such as the neo-natal untt and what level of care will be provtded by Sentara The next meettng will be Monday, September 8, 2003, at 4:00 P.M. tn the Ctty Council Conference Room The Task Force wtll meet every two (2) weeks September 2, 2003 - 12- CITY COUNCIL COMMENTS ITEM # 51622 Counctl Lady Eure tnqutred relattve the Health Care Plan tnformatton forwarded by the Ctty Manager The Ctty Manager had stated the next opportuntty to constder dual carrters wouM be the 2005 Plan Council Lady Eure advtsed every opportuntty shouM be explored to provtde the best choice of health servtces and not automattcally go into another year wtthout revtewtng the posstbthttes Councdman Reeve concurred re conttnued revtew Counctl Lady McClanan does not beheve monopohes provtde good opportumttes The Ctty has created a monopoly and ts tn theprocess of creating an even btgger one Counctl Lady Wtlson referenced the $683,000 savtngs avadable and tnqmred if these funds can be uttltzed for hfe tnsurance, ad&ttonal mertt, etc Councd Lady Wtlson requested dtfferent scenartos of how employees may benefit from thts savtngs Councdman Wood advtsed that during the Budget Process tt was made clear, if all the funds set astde for health care were not requtred, these funds would go back to the employees (tn some way, shape or form) Counctlman Reeve concurred The Ctty Manager advtsed the Reserve wouM be tn the General Fund (however, subject to Ctty Councd action) Thts dectston could be made any ttme between now and the next FY2004-2005 Operating Budget Vtce Mayor Jones inquired ~f this Reserve could be depleted by health claims later tn the year Susan Walston, Chief of Staff, advtsed the Reserve could be set astde to be placed tnto the self-funded plan (to butld up a reserve tn that fund also) However, the projecttons tn&cate the Ctty ts funded stgntficantly for Plan Year 2003 The Plan Year 2004 work entatls suffictentpayments comtng tnto the fund to cover the clatms costs A deficit is not beingprojected We do not know for sure these excess funds will be avadable Vtce Mayor Jones dtd not want the funds expended elsewhere The Cay Manager shall provtde options ITEM # 51623 Councdman Reeve comphmented the Rock n Roll ~ Marathon, whtch has conttnued to grow tn populartty 17, O00potential runners attended The Labor Day events at the Oceanfront were extremely orderly wtth all exhtbtttng good behavtor Counctlman Reeve referenced logtstic concerns wtth traffic flow and trine frames the roadways were closed for runners Pohce Officers stated one ttme and the stgns another Next year, everyone should be on the "same sheet of music" ITEM # 51624 Durtng Cay Counctl's Retreat, August 15-16, 2003, the tssue of the Ftre- Emergency Me&cai Servtces Volunteer Rescue Servtce evaluation study was dtscussed relattve a posstble merger Counctlman Reeve wtshed thts ttem be dtscussed during a Ctty Council Sesston wtth the current sttuatton analyzed as to pros and cons September 2, 2003 - 13- ITEM # 51625 Mayor Meyera E Oberndorf called to order the INFORMAL SESSIONof the VIRGINIA BEACH CITY COUNCIL tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, September 2, 2003, at 300PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, dtm Reeve, Ron A Vtllanueva, Rosemary Wtlson, Peter W Schmtdt and James L Wood Councd Members Absent Mayor Meyera E Oberndorf [Representtng the US Conference of Mayors on Mission to Africa 2003 (delegation of nine (9) Mayors / Mayor Oberndorf ts leadmg thts delegatton to Swaztland] Rtchard A Maddox FIVE MINUTE BREAK 3 05 P M - 3 10 P M [Entered Closed Sesston 3 06 P M Left 600PM] September 2, 2003 - 14- ITEM # 51626 Vtce Mayor Louts R Jones entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS' Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic publtc officers, appomtees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Agrtcultural Advtsory Commtsston Hampton Roads Economtc Development Alhance Mtnortty Bustness Counctl Parks and Recreatton Commtsston Performtng Arts Theatre Advtsory Commtttee Ttdewater Regtonal Group Home Commtsston Towing Advtsory Board Wetlands Board PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqmsttton of real propertyfor a pubhc purpose, or of the dtsposttton ofpubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Agrtcultural Reserve Program A cqutsttton/Dtspositton of Property - Princess Anne Dtstrtct - Prtncess Anne Dtstrtct - Beach Dtstrtct - Southeastern Parkway - Twoparcels - Lynnhaven Dtstrtct - Centervtlle Dtstrtct LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Contractual Matters - PPEA Proposal Upon motton by Counctlman Wood, seconded by Counctlman Dtezel, Ctty Counctl voted toproceed tnto CLOSED SESSION. Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Ron A Vtllanueva, Rosemary Wtlson, Peter W Schmtdt and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox and Mayor Meyera E Oberndorf (3:10 P.M. - 5:30 P.M. ) (Dinner: 5:30 - 6:00 P.M.) September 2, 2003 - 15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 2, 2003 6:00 P.M. Vtce Mayor Louts R Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, September 2, 2003, at 6 O0 P M Councd Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan,, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Absent Mayor Meyera E Oberndorf [Representtng theU S Conference of Mayors on Mission to Africa 2003 (delegation of nine (9) Mayors / Mayor Oberndorf ts leadtng thts delegation to Swaziland] Rtchard A Maddox [Entered Closed Sesston 3 06 P M Left 600PM] INVOCATION Reverend John Boyer, Pastor Church of the Chrtst, Creeds PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 2, 2003 Item V-E. -16- CER TIFICA TION OF CLOSED SESSION ITEM # 5162 7 Upon motton by Counctl Lady Eure, seconded by Counctl Lady Wtlson, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempt from Open Meetmg requtrements by Vtrgtnta [aw were chscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Voting 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, dtm Reeve, Peer W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox and Mayor Meyera E Oberndorf September 2, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach C~ty Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51626, page 14, and m accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (A) of the Code of Vlrg~ma requires a certification by the governing body that such Closed Session was conducted in conformity with Vlrglma law NOW, THEREFORE, BE IT RESOLVED' That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed xn Closed Session to which this certification resolution applies; and, (b) only such public bus~ness matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R~h Hodges ~mlth, MMC City Clerk September 2, 2003 -17- Item V-F. 1. MINUTES ITEM # 51628 Upon motion by Councdman Schmtdt, seconded by Counctlman Reeve, Cay Counctl APPROVED the Mtnutes of the INFORMAL and FORMAL SESSIONS of August 26, 2003. Vottng 9-0 Council Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox and Mayor Meyera E Oberndorf September 2, 2003 - 18- Item V-G. ADOPT ,4 GEND,4 FOR FORM,4L SESSION ITEM # 51629 BY CONSENSUS, Ctty Counctl ,4DOPTED: .4 GEND,4 FOR THE FORM,4L SESSION September 2, 2003 Item V-G 1 - 19- MA YOR 'S PRESENTATION ITEM # 51630 Counctl Lady McClanan PRESENTED Resolution DECLARING September 2003 POOP POLL UTES MONTH The SPCA and tts Executtve Dtrector have cooperated wtth the Antmal Control Bureau and other departments to educate our ctttzens concerntng the care and treatment of antmals The SPCA places more than 2,500 dogs tn new homes every year The Vtrgtnta Beach Antmal Control Bureau alsoplaces many dogs wtth famthes and thousands more are placed by other sources Antmal waste left on the ground tn our Ctty, tts parks and beaches ts a major polluter of our waterways, parttcularly the htstortc Lynnhaven Rtver The Vtrgtnta Beach SPCA and the Ctty of Vtrgtnta Beach's Stormwater Dtvtston havejotned forces to launch a ctty-wtde campatgn to remtndpet owners to ptck up andproperly dispose ofthetrpets' waste The Ctty Council of Vtrgtnta Beach supports efforts to restore the Lynnhaven Rtver and promote the beauttficatton and cleanhness of the Ctty The followtng ACCEPTED the Resolutton wtth apprectatton Sharon Adams Executive Director Virginia Beach SPCA Susan Wagner SPCA Board of Directors "Chance" the SPCA Dog Volunteer - Joey Edwards Dale Bartlett Outreach Director Virginia Beach SPCA John Koehler (designed flyers, posters and t-shirts) Steve Kemper Virginia Beach Animal Control Jasper Sharon Adams presented a Jasper "Scoop the Poop" t-shtrt to the Ctty Manager The de&cated efforts of Mark Johnson - Stormwater Management, although unable to attend, were acknowledged wtth apprectatton September 2, 2003 WHEREAS' The Virginia Beach Society for the Prevention of Cruelty to Ammals has served the City of F}rgmta Beach and its citizens for thirty-seven years, WHEREAS' Both the SPCA and tis executtve Director, Sharon Adams, have cooperated with the Ammal Control Bureau and other departments to educate our citizens concerning the care and treatment of ammals, WHEREAS The SPCA places more than 2, 500 dogs tn new homes every year, WHEREAS. The Vtrgmta Beach Ammal Control Bureau also places many dogs with families and thomands more are placed by other sources, WHEREAS. Ammal waste left on the ground m our city, tis parka and beaches ts a major polluter of our waterways, particularly the historic Lynnhcrven River, WHEREAS: Animal waste contains bacteria and parasites that can spread infectious diseases and failure to plck up after pets can erode commumty and neighborly relations, WHEREAS: The Virginia Beach SPCA and The CiO, of Virginia Beach's Stormwater Management division have jomed forces to launch a city-wide campaign to remmd pet owners to p~ck up and properly dispose of thetr pets ' waste, and, WHEREAS: The City Council of Vlrgmta Beach supports efforts to restore the Lynnhaven R~ver and promote the beaunficatton and cleanhness of the City, NOW, THEREFORE, BE IT RESOLVED' That the City Council of the City of Vtrgmia Beach, Virginia, hereby declares · September 2003 as POOP POLL UTES MONTH And calls upon dog owners to recognize the seriousness of this pollutant to our waterways and urges them to Scoop t/hq PooR and keep the C~ty clean Marda;et ]~/Eure GoFnctl Mem&r ' / _ . ~g R~ Wilson COnctl Member ~/~ '~ //~' ~ James ~'~0~ ~ouncd Member R~ba ~ McGlddan Council Member ' M~uer~ Ober~dorf ~oor ~ - 20- I~em VoI. 1. PUBLIC HEARING ITEM # 51631 Vtce Mayor Jones DECLARED A PUBLIC COMMENT: LOCAL LA W ENFORCEMENT BLOCK GRANT There betng no speakers, Vtce Mayor Jones CLOSED THE PUBLIC HEARING. September 2, 2003 -21 - Item K. ORDINANCES/RES OL UTION ITEM # 51632 Upon motton by Counctl Lady Wdson, seconded by Counctlman Wood, Ctty Counctl APPROVED IN ONE MOTION Ordtnances/Resolutton 1, 2, 3, 4a/b/c of the CONSENTAGENDA. Votmg 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent Rtchard A Maddox an d Mayor Meyera E Oberndorf September 2, 2003 - 22 - Item K. 1. ORDINANCES/R_ES OL UTION ITEM # 51633 Upon motton by Council Lady Wtlson, seconded by Counctlman Wood, Ctty Counctl ADOPTED Ordtnance to AMEND and REORDAIN Section 2-78 of the Ctty Code re background tnvesttgattons of apphcants forpublic employment and volunteer positions Votmg 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox an d Mayor Meyera E Oberndorf September 2, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO BACKGROUND INVESTIGATIONS OF APPLICANTS FOR PUBLIC EMPLOYMENT AND VOLUNTEER POSITIONS SECTION AMENDED: § 2-78 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-78 of the City Code is hereby amended and reordained, to read as follows: Sec. 2-78. Background investigations of applicants for public employment and volunteer positions. (a) In order to determine whether, in the interest of public welfare and safety, an applicant who is offered or accepts employment or a volunteer position with the city, including applicants for employment under contract with any city agency, may be disqualified from such employment or volunteer position by reason of a criminal record, the director of human resources or his designee shall request from the Virginia Central Criminal Record Exchange a criminal record check of each applicant for city employment, each applicant employment under contract with any city agency, and each applicant for city volunteer service whose anticipated duties or responsibilities will involve (i) access to public records or to personal information as defined in Code of Virginia section 2.2-3801, (ii) accountability for public funds, (iii) access to city supplies, (iv) entry into secured areas outside of working hours, (v) right of entry onto private property, (vi) child care or assistance to the elderly or disabled, or (vii) 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 service with either the police department, fire department or emergency medical services department. (b) In addition, under the provisions of Code of Virqinia Sections 19.2-389 and 15.2-1503.1 and in the interest of public welfare and safety, the director of human resources or his designee who shall be located in a government entity shall require any applicant who is offered or accepts employment with the city or who is offered or accepts a volunteer position with either the police department, fire department or emergency medical services department to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Record Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history information regarding such applicant. Where authorized under the provisions of Code of Virginia section 15.2- 1503.1, the city may require such applicants to pay for the cost of fingerprinting or a criminal records check, or both. (c) Criminal history information considered in accordance with this section shall include outstanding warrants, pending criminal charges and records of conviction. Records of dispositions which occurred while an applicant was considered a juvenile shall not be referenced unless authorized by court order, federal regulation or state statute authorizing such dissemination. 52 53 54 55 56 57 58 59 60 61 62 63 (d) Any applicant who is denied employment or rejected as a volunteer on the basis of an investigation summary obtained in accordance with this section may inspect that summary for the purpose of clarifying, explaining or denying the information therein. (e) The criminal history information provided in accordance with this section shall be used solely to assess eligibility for public employment or service, and shall not be disseminated to any person not involved in the assessment process. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2nd day of September, 2003. CA-8980 DATA/ORDIN/PROPOSED/02-078ord.wpd RI August 22, 2003 Item K.2. ORDINANCES/RES OL UTION - 23 - ITEM # 51634 Upon motion by Councd Lady Wdson, seconded by Counctlman Wood, Ctty Councd ADOPTED Ordtnance to AUTHORIZE executton ora Memorandum of Understandtng (MOU) wtth Lynnhaven River 2007, a prtvate, non-stock corporatton whose purpose ts to restore and preserve the estuary habttats tn the Lynnhaven Rtver Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Councd Members Absent Rtchard A Maddox an d Mayor Meyera E Oberndorf September 2, 2003 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND LYNNHAVEN RIVER 2007 WHEREAS, the City of Virginia Beach (the "City") manages and operates 6 stormwater-related and environmental management facfllnes throughout the City for the purpose of 7 enhancing the water quality of its waterways, and more particularly for the purpose ofrestonng and 8 preserving the estuary habitats in the Lynnhaven River, WHEREAS, Lynnhaven River 2007 ("LR 2007") has been organized and chartered l 0 as a private, non-stock, corporation under the prowslons of Chapter 2. Title 13 1 of the Code of Vlrg~ma (1950), as amended, with a tax exempt status under Section 501(c)(3) of the Internal Revenue Code, and is governed by a Board of Directors composed of elected and ex of/icto directors, 13 WHEREAS, LR 2007 has been formed for the purpose of raising funds and accepting gifts and grants, and cultivating other privates resources to 0) support and enhance the City's existing programs and other future programs, services, faclhnes and technology as they relate to the improvement of water quality and the restoration and preservation of the estuary haMtats in the :1. 7 Lynnhaven River (the "Lynnhaven River 2007 ProJect"), (n) assist in the development of educational programs pertaining to the Lynnhaven River 2007 ProJect, (ill) coordinate proJects and funding w~th :L 9 other non-profit orgamzanons, federal and state governmental agencies, and individuals and groups 2 0 having similar goals and programs, and 0v) perform other acnvltles in support of programs and 2:1_ services related to the Lynnhaven River 2007 ProJect. in each case as are consistent with the 22 exemptions of Sectlon 501(c)(3) ofthe Internal Revenue Code, 23 WHEREAS, the City recognizes and acknowledges that its assoclanon with LR 2007 24 will be beneficial to the City's interests in the enhancement, restoration and preservation of the 25 estuary habitats in the Lynnhaven River. and 26 WHEREAS, the City and LR2007 wish to assure the success of the Lynnhaven 2 7 R~ver 2007 Project by memonahzlng their relationship and their respective responslblhnes as they 2 8 relate to certain operational activities in a Memorandum of Understanding 29 NOW, THEREFORE, BE IT ORDA1NED BY THE COUNCIL OF "['HE CITY OF 3 0 VIRGINIA BEACH, VIRGINIA 31 That the City Manager is hereby authorized to execute the Memorandum of 3 2 Understanding between the City and Lynnhaven R~ver 2007 in accordance with the Summary of 3 3 Terms attached hereto 34 Adopted by the Council of the City of V~rglma Beach, Virginia. on the 2nd day of 35 September .2003 CA- 8957 R-I 08/27/03 APPROVED AS TO CONTENT APPROVED AS TO LEGAL of Law Department MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND LYNNHAVEN RIVER 2007 SUMMARY OF TERMS TERM: RESPONSIBILITIES OF LR2007: One year commencing September 1,2003 through August 31, 2004. The MOU may be renewed for additional one-year terms with the consent of City Council. The MOU may be terminated by either party upon 30 days written notice to the other party. Offices: Shall mmntain separate correspondence, minutes, financial and other documents at its offices located on private property. LR2007 shall pay for its own costs and expenses. Joint Efforts: Any and all jointly funded capital improvement projects which are included in the City' s capital improvement budget shall be memorialized through the execution of a separate agreement and under terms and conditions mutually agreed to by the City and LR2007. Insurance: Shall provide to the City's Risk Management Administrator evidence of liability insurance coverage for any non-city employees of LR2007 and for the Executive Director as his or her activities and conduct fall within the scope of services to be provided to LR2007. Record Keeping: LR2007 shall provide annually to the City a "detailed audit" (the "Statement") covenng all monies which are the subject of the MOU. The Statement will be provided on or before June 30th of each year but shall not include any information regarding individual donors. Reimbursement to the City: Shall reimburse the City $28,800 annually for a portion of the time the Executive Director devotes to LR2007. Such mount shall be payable in semi-annual payments of $14,400 due on December 1, 2003 and Junel, 2004. LR2007 shall also reimburse the Executive Director for any travel and other expenses incurred by the Executive Director on behalf of LR2007. OTHER TERMS: Contract Administration: The City Manager or his authorized designee shall be the official responsible for the administration of the MOU for the City. The Executive Director shall be selected by the LR2007 Board of Directors with the approval of the City Manager. The Executive Director will be a city employee and will be a "loaned executive". The Executive Director/City Employee will devote no more than 16 hours of his or her normal work week per week to LR2007 at the offices of LR2007. The Executive Director shall have no voting rights with respect to LR2007's business or affairs. While the Executive Director is working for LR2007, he or she shall be an employee of LR2007. Conflicts: In the event the Executive Director receives conflicting direction as it pertains to LR2007 operations and any policy, ordinance or regulation of the City, the Executive Director shall immediately notify the LR2007 Board and the City Manager or his authorized designee. In the case of such conflict, the Executive Director shall follow the direction of the City Manager. Dissolution of LR2007: In the event LR2007 dissolves, becomes inactive, or discontinues its active support of the Lynnhaven River 2007 Project, all monies and equipment (if any) pledged or dedicated to the Lynnhaven River 2007 Project for any existing or future service, program or activity shall become the property of the City and shall be used bythe City for the purpose for which they were pledged or dedicated. No Liability: The City shall neither be responsible nor liable for any expense incurred by LR2007 or its activities. F \Users\VValIdej\WP~BZA\LR2007 sum wpd - 24 - Item K.$. ORDINANCES/RES OL UTION ITEM # 51635 The followtng regtstered tn SUPPORT: Iva Nash, 540 Cedar Lane, Phone 486-3146, Vtce Prestdent- Vtrgtnta Beach Educatton Assoctatton Georgta Jean, 1400 Mechtteranean, Phone 437-0669 Jeanette L Wtllenbrtnk, 605 Hudgins Court, Phone 497-070 Upon motton by Council Lady Wilson, seconded by Councdman Wood, Ctty Counctl ADOPTED Ordtnance to AUTHORIZE acqmsttton of the Adam Thoroughgood House, from the Ctty of Norfolk, ACCEPTANCE ora Spectal Warranty Deed and Deed of Gtft for the contents and artifacts, and the EXECUTION of an Agreement and Promtssory Note tn the amount of $250, 000, payable tn five (5) equal annual tnstallments Vottng 9-0 (By Consent) Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent Rtchard A Maddox an d Mayor Meyera E Oberndorf September 2, 2003 1 ORDINANCE NO. 2 3 4 5 6 7 8 9 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF THE ADAM THOROUGHGOOD HOUSE, THE ACCEPTANCE OF A DEED OF GIFT FOR THE CONTENTS AND ARTIFACTS IN THE ADAM THOROUGHGOOD HOUSE AND THE EXECUTION OF A PROMISSORY NOTE IN THE SUM OF $250,000. 10 WHEREAS, the City of Norfolk ("Norfolk") is the owner of two parcels of property located in the City of Virginia Beach and bounded on the north by Thoroughgood Drive, 12 by Parish Road on the east, and by Country Club Circle on the South which parcels 13 comprise the historic Adam Thoroughgood House, its outbuildings and adjoining grounds 14 (the "Property"); 15 WHEREAS, the Chrysler Museum, Inc (the "Chrysler") is the owner of certain 16 objects and artifacts which are housed in the Adam Thoroughgood House and are hsted in an inventory (the "Thoroughgood House Artifacts"); 18 WHEREAS, Norfolk desires to convey the Property to the City of Virginia Beach 19 ("Virginia Beach") and has authorized sa~d conveyance by an Ordinance adopted by the 2 0 Norfolk City Council on August, 19, 2003; 21 WHEREAS, the Chrysler desires to donate the Thoroughgood House Artifacts to 2 2 Virginia Beach; 23 WHEREAS, Virginia Beach has agreed to donate $250,000 to the Chrysler ~n 24 consideration of the conveyance of the Property with annual payments in the sum of 2.5 $50,000 spread over a period of five years commencing December 31, 2004; 2 6 WHEREAS, the staff and attorneys for Virginia Beach, Norfolk and the Chrysler 27 have negotiated an agreement to effect the conveyance of the Property and the donation 28 of the Thoroughgood House Artifacts to Virginia Beach; and 29 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City 30 Council") is of the opinion that the acquisition of this historic Property and the 31 Thoroughgood House Artifacts will be in the best interest of the City of Virginia Beach, its 32 citizens and its visitors 33 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 34 VIRGINIA: 35 1. That the City Council authorizes the acquisition of the Property as 36 described in the Special Warranty Deed attached hereto. 37 2. That the City Manager or his designee is authorized to execute on 38 behalf of the City of Virginia Beach, an Agreement for the acquisition of the Property for 39 a donation to the Chrysler Museum, Inc., in the sum of $250,000 and in accordance w~th 40 the terms contained in the Agreement attached hereto. 3. That the City Manager or h~s designee is authorized to accept the 42 Thoroughgood House Artifacts as set forth in the Deed of Gift from the Chrysler Museum, 43 Inc. 44 4. That the City Manager is further authorized to execute the Promissory 4 5 Note attached hereto in the sum of $250,000, and ~s directed to include in the proposed 4 6 Operating Budget an appropriation of $50,000 for each year for which an installment 4 ? payment on the Promissory Note is to become due and payable 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2~a day of Se[:)t. embe~' , 2003 APPROVED AS TO CONTENT: ClOt. of Museums & Cultural Arts APPROVED AS TO LEGAL CA-8940 F:\Users\VVallde]\WP\BZA\thoroug hgood.ord.wpd date: July 17, 2003 R-2 AGREEMENT This Agr~'ment, entered into this ..... day o£ ,2003, by and. among the CITY OF NORFOLK, the CITY OF V'L~GINIA BEACH and THE CHRYSLER MUSI UM, INC. WI~REAS, the CiV/of Norfolk d~sire~ to convey to tho City of Vir~.~a Be, ach the Adam Thoroughgood House, outbuildings anct adjoining grounds (tho "Properrf~; and WI~REAS, the City of Virginia Beach desires to donate monies to th, Cta~ler Museum, Inc. in consideration for the conveyance of the Property; and WI-IBREAS, The Board of Trustees of the Cta'yslcr Museum desires t~ don~m its Ihoroughgood House collection of objects and artifac~ to the City of Virginia Beach. NOW THEREFOR.E, for and in consideration of the mutual promises of the parties, they heroby agr~ as follows: 1. aY,_. City OF VIRG .IA_ BEA~_..TO THE CHRYSLER MUSEUM~ INC. The City of' Virginia Beach agrees to donate Two Hundred Fifty Thousand Dollars ($250,000.00) to the Chrysler Museum, Iu¢. in consideration for the conveyance of the Property from the City of Norfolk to th~ City' of Vir~_.-.ia Beach, with payment~ in the amount of Fifty Tttousand. I)cllars ($50,000.00) each being made on or before De~ombcr 31, 2004, 2005, 2006, 2007 md 2008. Th, parties agrm that the payments shall be secured by a promissory note executed by the City of Virginia Beach. The parties agree tl~t the use by the Museum of the funds shall be for unrestricted Museum purposes. 2. CONVEYANCIil OF PRQPE.R.__TX_.,. By Deed of Gift, the Board of Trustees of the Cla~sler Mu.sm agrees to donate to the City of Virginia Beach ~¢ Thoroughgood House obje,ts and artifacts listed on the inveniory attached to this Agre. emem and Deed of Gift, for ownership and use by th, City of Virginia Beach in conjunction with operation and management of the property. 3. ~R!GH! OF FIRST REFU.SAL. The part/es agree that if tho City of Virginia 8e~ch decides not to continue to manage and m_ainta/n the Property as an historical landmark, the City of Virghaia Beach shall of/er the Property to the City of Norfolk, which shall have the right of first rcf~al to reacquire zhe Property for the purchase price of $250,000 plus all sums expended by the City of Virginia Beach in the renovation and restoration of said Property. 4. .ENTIRE AGREEMENT. This writing represents the entire Agreement of the parties and any amendments must be in ~iting. ATTEST: Approved ~s to Legal Sufficiency City Attc~,y CITY OF NORFOLK CITY OF VIRGINIA BEAClt By: City Manageff'Auhho~ed D~ignee THE CHRYSLER MUSEUM, INC. Contents Approved: By.' William J. Hennessey, Director Executive Fora & Corr~tness Approved: Mary L. G, Nexsen, bel~_t-y Ci{[y Attdrney Norfolk City Att:o~ney s Office This deed is exempt from the recordation taxes imposed by se, et/on 55.1-802 of' the Code of Viri//nia, 1950, pursuant to section 58.1-811(c) Docurneat Prepared by the office of the City Attorney of the City of Norfolk SPECIAL WARRANTY DEED THIS DEED, made and entered into this ._ day of ,2003, by a~d between the CiTY OF NORFOLK, a municipal corporation of the Commonwealth of Vfrg/nia, Grantor, and the CITY OF VIRGI2qIA BEACH, a municipal eo~pornfion of the Commonwealth of Virginia, Grantee, whose address is 240I Courthouse Drive, Municipal Cente~, Building 1, Virl/inia Beach, Virginia 23456. WITNE$SET~.: That for ~d ia conqdera~ioa of the sum of Tl~N DOLLAI~ ($10.00), cash ha hand paid, and other good and valuable consideration, the receipt of which is hereby a~kaowlcdg~ by th~ Grantor, the Grantor does h~¢by ~a~t, bargain, s~ll and ~nve¥ w~ SPECIAL WARRANTY of title to the City of Virginia Beazb., all of the C.,r~to~'~ interest in that certa{n. parcel of property described as follows, to-wit: Parcel One: ALL THAT certain lot, traa or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virgilaia Beach, Virginia, designated and descn'bed, as "ADAM THOROUGHGOOD HOUSE, TOTAL AREA 2.29 AC" as sltowa on that certain plat entitled: 'PL AT OF PAR~ OF PROPERTY OF THOKOC_~OD CORP", dated )'uly 1955, Scale: 1" -- 100', prepared by Sno. M. Baldwin, C. E., and R. S. Baldwin, C.L.S., which plat is duly recorded in the Clerk's Office of the Cireuii Court of the City of Vfrlinla Beach, Vkginia, in Deed Book 418, at page 599, to which ~eference is made for a more paxtieular descripUon PARCEL TWO: ALL THAT certain lot, tract or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virgin~ Beach, Virginia, designated and described as "LOT 299" as shown on that certain plat entitled: "SECTION ONE TItOKOUGHGOOD, PRINCESS ANNE CO., VIRGINIA', dated July 1955, Scale: 1" = 100', prepared by Jno M. Baldwin, CE, wh/ch plat is duly recorded in the aforesaid Clerk's Office as Map Book 39, at page 40, to which reference is made for a more psrticxfla~ descriptiou. IT BEING the same property conveyed to the City of Norfolk, Virginia from the Adam Tho~oughgood House Foundation, by Deed dated November 28, 1960, duly recorded in thc Clerk's 0ffi¢¢ of the City of Virginia Beach in Deed Book 676, at page 523. The Grantor and Grantee agree that the Property shall be managed and maiatainc<l as au historical landmark. This conveyauce is made subject to any easement~, restfi~ons and rcsea'vati, ons contained in duly recorded deeds, plats and other inslmm~ts constituting constructive notice in the chain of title, which have not expired by a rifle limitation contained therein or have otherwise become ineffective and to matters visible upon inspection. IN WITNESS WHEREOF, the Council of the City of'NorfolK, Virginia, pursuant to an ordinance duly adopted , effective , caused Re, ua V. IC Williams, City Manager, to affix her signature aud seal hereto. CiTY OF NOKFOLK ATTEST By .... (SEAL) City Manager City Cl~k APl>ROVED AS TO FORM AND CORRECTNESS: Deputy City Attorney STATE OF VIKGINIA CITY OF NOP,~0LK, to-wit: I, , a Notary Public in and for the City of Norfolk, in the State of Virginia, whose term of office expires on the __ day of .. _, . do hc'reby certify that Regina V.K. Williams, City Manag~ and R. Breckearidge Daughtrey, City Clerk, r¢~ee~vely, of thc City of Noffolk, whose names a~ such are ~igne, d to the foregoing deed dated ......... 2003, have acknowledged the same before me in my City amd 8tato aforesaid. Given under my hand this ___. day of ,2003. Notary Publi, Approved a, to form & accepted on Behalf of the City of Virginia Beach City Attomoy DEED OF GIFI The Board of' Trustees o£ the Chrysler Museum~ ][nc. with its address at the Chrysler Museum, Inc., 245 West Olney Koad, Norfolk, V/rgania 2510, being the sole and absolute owner of the objects and ~-fifacts of thc Adam Thoroughgood Home Proper~y as showm on the attached/nventory does hereby give, assign and tmusfcr to the City of Virginia Beach, ¥irg/n/a~ ~11 right, t/tlc ~nd interest, inctudmg all copyrights, in and to the above items. It is the Board's intention that thi~ transfer of the above-noted items shall constitute a gffi of the same to the C~ty of Virg/nia Beach, Virg/nia, in accordance with and subject to the terms and conditions of the Special Warranty Deed and Agreement among the C/ty of Norfolk, the City of Virginia Beach and the Chrysler Museum in regard to the conveyance of the Adam Thoroughgood House Property/rom the City of Norfolk to the City of Virgima Beach. Information concerning thc provenance of thc items as availablc has been provided by the Museum to the City of Vir~nia Beach, Vkginia. This D¢~d of Gift shall be in effect in conjunct/on with and on the date of the conveyance of the real property constituting the Adam Thozoughg~od Mouse PropeW~, as set forth in the Special Warranty Deed between the City of Norfolk, Virginia and the City of Vir~'fia Beach, Virginia. If the ;eel property conveyance does not take place or the real prope~y reverts to thc City ofNo~folK, thi~ Deed of Gift ~ha~l be null and void. l~e.~d~t, B~-ard of'Trustees The Chrysler lviuseum~ Inc. Deod of Gift approvod by Board of Trustees Date orm and Correctness Approve · 'O-~ic~ ,~f tho (~l:ty'A~ome~' NORFOLK, VIRGINIA ORDINANCE No, Form CCO,003 Contents Approved. O~T. · -J. II II = AN ORDh'~ANCE AUTHORIZING TIIE CONVEYANCE OF I/-IE CITY-OWNeD ADAM THOROUGHGOOD HOUSE, OUTBUIT..T)INGS AND ADJOINING GKOU'NDS TO THE CITY OF VIRGINIA BEACH AND APPROVING TI~ TBRMS AND CONDITIONS OF AN AGREeMeNT AMONG THE CITY OF NOR.FOLK, THE CITY OF VIRGhNIA BEACH AND THE CHRYSLER MUSEUM= INC. IN REGARD TO THE CONVEYANCE OF THE PROPERTY. WHBREAS, the City of Norfolk wishes to convey the City-owned Adam Thoroughgood House, together with its outbuildings and adjoining grounds, to thc City of Virginia Beach for the use, preservation and operation by Vit~.~!.a Beach of the property as au historical landmark for the benefit of citizens and the community; and WNF__.KEAS, thc Council of thc City of Virgi~a Beach wishes to accept the conveyance of the property under the conditions set forth iu the Special Warrauty Deed; and WNh-'REAS, the City of Norfolk, the City of Virginia Beach and the Chr~ler Museum, [nc dc~ire to enter into an Agreement in regard to thc conveMaac~ of thc property, now thm'efore BE IT ORDAINED by thc Cour~l of the City of Norfolk: Section 1:- That the conveyance of the City-owned Adam Thoroughgood House, outb~Id{~gs and adjoJ~ ground~ located in Virginia Beach, Virginia amd mo~c partimzlatly described below, to the City of Virgima Beach is h~eby authorized, such property being described as follo~vs: PARCEL ONE: ALL THAT ~ lot, tract or parcel of la~d, together with the improvements thereon, situate, lying aad being in the City of Virginia Beach, Virginia, designated and described as THOROUGHGOOD HOUSE, TOTAL AREA 2.29 AC"as shov~l on that certain plat entitled: ~ PLAT OF PART OF PROPRR.TY OF THOROGOOD COl{P", dated July 1955, Scale: 1" = 100', prepared by Jno. M. Baldwin, C. E., and R. S. Baldwin, C.L.S., which plat ~ duly xeco~ ~ be Cl~k's Office of ~¢ Ckcuit Com~ of ~he Ci~ of V~3~ Beach, V~{-~, ~ D~d Book 418, reference is mad= for a mor~ parti~lar description PARCEL TWO: ALL TI~T certain lot, tract or parcel of land, together wi~h the improvcmm~ thereon, situate, lying and being in the City of Vir§inia Bcach, Virginia, dc$i~u~d and described as ~LOT ~99~ as shown o~ that certain plat entitled: ~SECTION ONE THOROUGHGOOD, PRINCESS ANNE CO., VIRGINIA", dated July 1955, Scale: 1" = 100', prepared by Jno M. Baldwin, CE, whioh pi~t is duly recorded in the aforesaid Clerk's Office as M~p Book 39, at page 40, to which r~fer=nc¢ is mad~ for a mor~ particular description. Section 2:- That the terms and condih~us of the Special Warranty Deed and of the Agrorm~nt among thc City of Norfolk, the City of Vn~uia Beach and the Chrysler Museum, Inc., in regard to the conveymce of the prop=ty, copies of which are attached hereto, are h~reby approved. Section 3:- Thit th~ City Manag~ is authorized to do all thin~ necess~ to handle the conveyance of the property and is authorized to execute the Special Warranty Deed and the Agreement. Section 4:- That this ordinance shall be in effect thirty (30) day~ after its adoption. Adopted by Council August 19, 2003 Effective September 19, 2003 TRUE COPY TESTE: R. BRECKENRIDGE DAUGHTREY, CITY CLERK BY: DEPUTY CITY CLERK PROMISSORY NOTE U S $250,000 O0 September ,2003 V~rg~ma Beach, V~rg~ma FOR VALUE RECEIVED, the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of V~rg~ma (the "Makex") promises to pay to THE CHRYSLER MUSEUM, INC. ( the "Chwsler"), or order, without offset, the pnnclpal sum of TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000 00), without interest, at , Norfolk, Virginia 23510, ATTN' William J Hennessey, Director, or at such other place as the holder hereof may hereafter from time to time designate in writing, in lawful money of the United States of America which shall be legal tender ~n the payment of all debts due, public and private, at the time of payment This Promissory Note IS given by the Maker pursuant to that certain Agreement dated as of the date hereof between the Maker and the City of Norfolk (the "&gmeme.~") in consideration of the City of Norfolk's conveyance of the Adam Thoroughgood House to the Maker Payments ofpnncipal shall be made in five annual ~nstallments of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000 00) each, due and payable on 31st of December, commencing December 31, 2004 and continuing each December 31 st thereafter until December 31, 2008 The Maker also agrees to pay all costs of collection in the event of a default in payment The pnvdege is reserved to the Maker to anticipate payment hereof, ~n whole or ~n part, at any tnne or times. In the event (a) of default for a period of ten (10) days, after written notice, in the payment of any sum payable hereunder; (b) of default, for a period oftNrty (30) days after written not~ce, m the performance of, or compliance with any provmmns m tNs Promtssory Note, the Agreement or that certmn Special Warranty Deed dated as of the date hereof between the Maker and the C~ty of Norfolk, (c) any person liable hereon in any capacity is or becomes insolvent or makes an asslgrm~ent for the benefit of creditors, (d) a petition is filed or any other proceeding is commenced under the Federal Bankruptcy Act or any state ~nsolvency statute by or against any person hable hereon, or (e) a receiver is appointed for or a writ or order of attachment, levy, or gat-mshment ~s issued against any person liable hereon, all amounts outstanding under this Promissory Note shall, at the option of the holder hereof, become ~mmed~ately due and payable "Person" includes ~ndlvIduals, corporations, partnerships, and all other entities IN WITNESS WHEREOF, the Maker has caused this Promissory Note to be executed on Its behalf by its duly authorized representative CITY OF VIRGINIA BEACH [SEAL] ATTEST' By (SEAL) City Manager/Authorized Designee Of the C~ty Manager City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregoing instrument was acknowledged before me th~s __ day of ,2003 by , City Manager/Authorized Designee of the C~ty Manager of the City of V~rg~ma Beach, V~rg~ma, on ~ts behalf He/She ~s personally known to me [SEAL] My commission expires Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregmng ~nstrument was acknowledged before me this __ day of ,2003 by Ruth Hodges Smith, CMC, C~ty Clerk of the City of Vlrglma Beach, Vlrg~ma, on ~ts behalf She ~s personally known to me [SEAL] My commlss~on expires Notary Public Approved As To Legal Suffimency C~ty Attorney ~] F '.Use~"VValldej\WP\BZA'~tho~oughgood note do Approved as to Content F~nance Item K. 4. a/b/c - 25 - ORDINANCES/RES OL UTION ITEM # 51636 Upon motton by Council Lady Wdson, seconded by Councdman Wood, Ctty Council ADOPTED Resolutions PETITIONING for REIMBURSEMENT re extraordtnary expenses borne by the City of Vtrgtnta Beach as the stte of the John Allen Muhammad Trial a The Vtrgtnta Beach Congressional Delegatton b The Governor of the Commonwealth of Vtrgtnta c The Vtrgtnta Beach General Assembly Delegatton Vottng 9-0 (By Consent) Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox an d Mayor Meyera E Oberndorf September 2, 2003 COMMONWEALTH OF VIRGINIA SENATE September 14, 2003 ,,.. The Honorable Mark warner P O Box 1475 Richmond, VA 23219 Dear Governor Warner I am writing in support of a Resolution adopted by Virginia Beach City Council on September 2, 2003, concerning reimbursement for the City's work with the John Allen Muhammad Trial Enclosed is the Resolution adopted by Virginia Beach City Council, it is requesting funding to cover the cost of the trial and associated expenses Should you have any additional questions or concerns about this matter, please feel free to contact me during the office hours of 9 00am and 5 00pm, Monday thru Friday at (757) 627-4212 Thank you again for sharing your views CC The Honorable John Marshall Secretary of Public Safety Ms Ruth Hodges Smith, MMC City Clerk, City of Virginia Beach Sincerely, Yvonne B Miller A RESOLUTION PETITIONING THE CITY'S CONGRESSIONAL DELEGATION TO PROVIDE REIMBURSEMENT FOR EXTRAORDINARY EXPENSES BORNE BY CITY OF VIRGINIA BEACH IN CONNECTION WITH THE JOHN ALLEN MUHAMMAD TRIAL 7 WHEREAS, in the fall of 2002, a series of murders in the 8 greater Washington, D. C. metropolitan area, including the 9 states of Maryland and Virginia, terrified residents and 10 captured the attention of the world; 11 WHEREAS, following the arrest of John Allen Muhammad for 12 his alleged involvement in these crimes, a grand jury for the 13 31st Judicial Circuit, which is comprised of Prince William 14 County and the Cities of Manassas and Manassas Park, indicted 15 Muhammad on four felony charges, including two charges of 16 capital murder; 17 WHEREAS, those four charges were sought by an Attorney 18 for the Commonwealth of Virginia, and, pursuant to Virginia 19 Code ~ 19.2-221, the charges were brought in the name of the 20 Commonwealth of Virginia; 21 WHEREAS, the Attorney General of the United States 22 decided that Muhammad should be tried first in the 23 Commonwealth of Virginia instead of the state of Maryland, 24 where the first set of charges related to this series of 25 murders had been filed; 26 WHEREAS, the impact of the murders on the greater 27 Washington, D.C. metropolitan area prompted the Prince William 28 County judge who will preside over the trial to order a change 29 in venue in the matter of Commonwealth of Virginia v. John 30 Allen Muhammad from Prince William County to the City of 31 Virginia Beach; 32 WHEREAS, the City of Virginia Beach maintains a 33 courthouse, as required by Virginia Code § 15.2-1638, to 34 accommodate the courts and officials serving the City; 35 WHEREAS, the public's interest in this case will bring to 36 this courthouse and the surrounding area unprecedented media 37 attention, as well as family members of victims and other 38 interested persons, thereby requiring an extraordinary 39 dedication of City support services, staffing, and facilities 40 above and beyond that which is required by Virginia Code § 41 15.2-1638; 42 WHEREAS, the estimated expense to the City of Virginia 43 Beach of providing adequate security, media access, and 44 transportation for this trial is currently $800,000; 45 WHEREAS, the Virginia Beach City Council acknowledges the 46 City's responsibility to furnish the necessary services for 47 the proper administration of justice, but also recognizes the 48 financial impact of this trial on its taxpayers; 49 WHEREAS, both the federal and state governments have 50 actively participated in the investigation and prosecution of 51 this case, and the scope, media coverage, and impact of this 52 case has both statewide and national implications; and 53 WHEREAS, the Council of the City of Virginia Beach 54 believes that the burden of these extraordinary expenses 55 should not be borne solely by the taxpayers of the City of 56 Virginia Beach but instead should be shared by the state and 57 federal governments; 58 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 59 OF VIRGINIA BEACH, VIRGINIA: 60 1. That the City of Virginia Beach, by its Council, 61 hereby petitions the City's Congressional delegation to 62 provide reimbursement from the federal government of the 63 City's extraordinary expenses necessitated by the trial of 64 Commonwealth of Virginia v. John Allen Muhammad. 65 2. That the Mayor and City Manager are hereby authorized 66 to do all things necessary to seek reimbursement for the 67 extraordinary trial expenses. 68 3. That the City Clerk is hereby directed to send a 69 copy of this resolution to the City's Congressional 70 delegation. 71 Adopted by the Council of the City of Virginia Beach, 72 Virginia, on this 2n~ day of September, 2003 CA-9006 Ordin/Noncode/Muhammadreimbre s -cong. wpd R-1 August 28, 2003 APPROVED AS TO LEGAL SUFFICIENCY' City Attorney's A RESOLUTION PETITIONING THE GOVERNOR OF THE COMMONWEALTH OF VIRGINIA TO PROVIDE REIMBURSEMENT FOR EXTRAORDINARY EXPENSES BORNE BY CITY OF VIRGINIA BEACH IN CONNECTION WITH THE JOHN ALLEN MUHAMMAD TRIAL 7 WHEREAS, in the fall of 2002, a series of murders in the 8 greater Washington, D. C. metropolitan area, including the 9 states of Maryland and Virginia, terrified residents and 10 captured the attention of the world; 11 WHEREAS, following the arrest of John Allen Muhammad for 12 his alleged involvement in these crimes, a grand jury for the 13 31st Judicial Circuit, which is comprised of Prince William 14 County and the Cities of Manassas and Manassas Park, indicted 15 Muhammad on four felony charges, including two charges of 16 capital murder; 17 WHEREAS, those four charges were sought by an Attorney 18 for the Commonwealth of Virginia, and, pursuant to Virginia 19 Code ~ 19.2-221, the charges were brought in the name of the 20 Commonwealth of Virginia; 21 WHEREAS, the Attorney General of the United States 22 decided that Muhammad should be tried first in the 23 Commonwealth of Virginia instead of the state of Maryland, 24 where the first set of charges related to this series of 25 murders had been filed; 26 WHEREAS, the impact of the murders on the greater 27 Washington, D.C. metropolitan area prompted the Prince William 28 County judge who will preside over the trial to order a change 29 in venue in the matter of Commonwealth of Virginia v. John 30 Allen Muhammad from Prince William County to the City of 31 Virginia Beach; 32 WHEREAS, the City of Virginia Beach maintains a 33 courthouse, as required by Virginia Code ~ 15.2-1638, to 34 accommodate the courts and officials serving the City; 35 WHEREAS, the public's interest in this case will bring to 36 this courthouse and the surrounding area unprecedented media 37 attention, as well as family members of victims and other 38 interested persons, thereby requiring an extraordinary 39 dedication of City support services, staffing, and facilities 40 above and beyond that which is required by Virginia Code ~ 41 15.2-1638; 42 WHEREAS, the estimated expense to the City of Virginia 43 Beach of providing adequate security, media access, and 44 transportation for this trial is currently $800,000; 45 WHEREAS, the Virginia Beach City Council acknowledges the 46 City's responsibility to furnish the necessary services for 47 the proper administration of justice, but also recognizes the 48 financial impact of this trial on its taxpayers; 49 WHEREAS, both the federal and state governments have 50 actively participated in the investigation and prosecution of 51 this case, and the scope, media coverage, and impact of this 52 case has both statewide and national implications; and 53 WHEREAS, the Council of the City of Virginia Beach 54 believes that the burden of these extraordinary expenses 55 should not be borne solely by the taxpayers of the City of 56 Virginia Beach but instead should be shared by the state and 57 federal governments; 58 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 59 OF VIRGINIA BEACH, VIRGINIA: 60 1. That the City of Virginia Beach, by its Council, 61 hereby petitions the Governor of the Commonwealth of Virginia 62 to provide reimbursement from the state government of the 63 City's extraordinary expenses necessitated by the trial of 64 Commonwealth of Virginia v. John Allen Muhammad. 65 2. That the Mayor and City Manager are hereby authorized 66 to do all things necessary to seek reimbursement for the 67 extraordinary trial expenses. 68 3. That the City Clerk is hereby directed to send a 69 copy of this resolution to the Governor of the Commonwealth of 70 Virginia. 71 Adopted by the Council of the City of Virginia Beach, 72 Virginia, on this 2nd day of September, 2003 CA-9004 Ordin/Noncode/Muhammadreimbres-gov. wpd R-1 August 28, 2003 APPROVED AS TO LEGAL SUFFICIENCY' City Attorney's Office A RESOLUTION PETITIONING THE CITY'S GENERAL ASSEMBLY DELEGATION TO PROVIDE REIMBURSEMENT FOR EXTRAORDINARY EXPENSES BORNE BY CITY OF VIRGINIA BEACH IN CONNECTION WITH THE JOHN ALLEN MUHAMMAD TRIAL 7 WHEREAS, in the fall of 2002, a series of murders in the 8 greater Washington, D. C. metropolitan area, including the 9 states of Maryland and Virginia, terrified residents and 10 captured the attention of the world; 11 WHEREAS, following the arrest of John Allen Muhammad for 12 his alleged involvement in these crimes, a grand jury for the 13 31st Judicial Circuit, which is comprised of Prince William 14 County and the Cities of Manassas and Manassas Park, indicted 15 Muhammad on four felony charges, including two charges of 16 capital murder; 17 WHEREAS, those four charges were sought by an Attorney 18 for the Commonwealth of Virginia, and, pursuant to Virginia 19 Code ~ 19.2-221, the charges were brought in the name of the 20 Commonwealth of Virginia; 21 WHEREAS, the Attorney General of the United States 22 decided that Muhammad should be tried first in the 23 Commonwealth of Virginia instead of the state of Maryland, 24 where the first set of charges related to this series of 25 murders had been filed; 26 WHEREAS, the impact of the murders on the greater 27 Washington, D.C. metropolitan area prompted the Prince William 28 County judge who will preside over the trial to order a change 29 in venue in the matter of Commonwealth of Virginia v. John 30 Allen Muhammad from Prince William County to the City of 31 Virginia Beach; 32 WHEREAS, the City of Virginia Beach maintains a 33 courthouse, as required by Virginia Code ~ 15.2-1638, to 34 accommodate the courts and officials serving the City; 35 WHEREAS, the public's interest in this case will bring to 36 this courthouse and the surrounding area unprecedented media 37 attention, as well as family members of victims and other 38 interested persons, thereby requiring an extraordinary 39 dedication of City support services, staffing, and facilities 40 above and beyond that which is required by Virginia Code § 41 15.2-1638; 42 WHEREAS, the estimated expense to the City of Virginia 43 Beach of providing adequate security, media access, and 44 transportation for this trial is currently $800,000; 45 WHEREAS, the Virginia Beach City Council acknowledges the 46 City's responsibility to furnish the necessary services for 47 the proper administration of justice, but also recognizes the 48 financial impact of this trial on its taxpayers; 49 WHEREAS, both the federal and state governments have 50 actively participated in the investigation and prosecution of 51 this case, and the scope, media coverage, and impact of this 52 case has both statewide and national implications; and 53 WHEREAS, the Council of the City of Virginia Beach 54 believes that the burden of these extraordinary expenses 55 should not be borne solely by the taxpayers of the City of 56 Virginia Beach but instead should be shared by the state and 57 federal governments; 58 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 59 OF VIRGINIA BEACH, VIRGINIA: 60 1. That the City of Virginia Beach, by its Council, 61 hereby petitions the City's General Assembly delegation to 62 seek reimbursement from the state government of the City's 63 extraordinary expenses necessitated by the trial of 64 Commonwealth of Virginia v. John Allen Muhammad. 65 2. That the Mayor and City Manager are hereby authorized 66 to do all things necessary to seek reimbursement for the 67 extraordinary trial expenses. 68 3. That the City Clerk is hereby directed to send a 69 copy of this resolution to the City's General Assembly 70 delegation. 71 Adopted by the Council of the City of Virginia Beach, 72 Virginia, on this 2n~ day of September, 2003 CA-9005 Ordin/Noncode/Muhammadreimbres-ga.wpd R-1 August 27, 2003 APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's Office - 26- Item V-L. 1. APPOINTMENTS ITEM # 5163 7 B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS: A GRICUL TURE AD VISOR Y COMMISSION MINORITY BUSINESS CO UNCIL PARKS AND RECREATION COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION WE TLANDS BOARD September 2, 2003 -27- Item V-M. 1. NE W BUSINESS ITEM # 51638 ADD-ON Upon motton by Councd Lady Wdson, seconded by Councdman Dtezel, Ctty Councd CANCELLED: City Council Sessions of November 11, 2003. HOLIDAY VETERANS DA Y All Planning items shah be SCHEDULED for the November 25, 2003, City Council Session. Vottng 9-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Rtchard A Maddox an d Mayor Meyera E Oberndorf September 2, 2003 - 28 - Item V-O. ADJOURNMENT ITEM It 51639 Vtce Mayor Louts R Jones DECLARED the Cay Counctl Meettng ADJOURNED at 6 21 P M Beverly 0 Hooks, CMC Chief Deputy City Clerk Louts R Jones Vtce Mayor Ruth Hodges Smtth, MMC Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta September 2, 2003 -28- Item V-O. ADJOURNMENT ITEM#51639 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:21 P.M 1140/G2 0110s. Beverly O. Hooks, CMC Louis R. Jones Chief Deputy City Clerk Vice Mayor Ruth Hodges mith, M -.-MC Meyers E. berndorf City Clerk Mayor City of Virginia Beach Virginia September 2. 2003