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Home My WebLink AboutMARCH 1, 1994 MINUTES C: it >l- N/-i I I l@,t-IC2II "WORLD'S LARGEST RESORT CITY" (@OL N(@IL NIIIII I 11@ll@, 11 I .1, CITY COUNCIL AGENDA MARCH 1. 1994 1. CITY MANAGER'S PRESENTAIION - Council Chamber - 11:30 AM A. ECONOMIC DEVELOPMENT STRATEGY W. Andrew Burke, Director of Economic Development ii. CITY COUNCIL WORKSHOP A. PENDING ITEMS LIST Ill. INFORMAL SESSION - Council Chamber - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndc)rf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION iv. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend John F. Shappell Beach Grove & Bethel United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICALION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSIONS - February 22, 1994 G. PROCLAMATIONS: 1. GIRLS'GYMNASTIC TEAMS a. Cox High School b. Kellam High School H. MAYOR'S PRESENTATION: 1 VICE MAYOR ROMAN OLESKEWICZ City of Ivano-Frankivski, Ukraine 1. RESOLUTION/ORDINANCES 1. Resolution endorsing participation of the Virginia Beach Police Department in the "Goods for Guns" firearms buy-back program; and, urging the support of all citizens toward the goal of reducing the number of firearms in this City. 2. Ordinances re Beach Borough Services Center site location for the Virginia Beach Volunteer Rescue Squad (VIRGINIA BEACH BOROUGH): a. APPROPRIATE $1,250,000 interest-free loan from the General Fund Balance re design and construction of a new building for Station 14. b. Authorize $102,000 existing appropriations in CIP Project #3-01 0 and reprogram $830,000 funded in FY 1994-1995 thru FY 1999-2000 Capital Improvement Program re construction of Station 14 and necessary site work. C. Authorize acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation. 3. Ordinance to authorize the City Manager to execute an agreement between the City of Virginia Beach and Virginia Beach Events Unlimited, Inc. re Beach Events Program. 4. Ordinance to declare property of the City of Virginia Beach, located on Lots 16 through 20 and part of Lot 21, Block 30, Plat of Sunny Brook, (formerly known as 209 S. Independence Boulevard GPIN 1477-44-2864) as EXCESS PROPERTY in the application of Lavenstein Development Corp; and, authorizing the City Manager to dispose of same (BAYSIDE BOROUGH), J. APPOINTMENT RESORT AREA ADVISORY COMMISSION Resignation K. UNFINISHED BUSINESS NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Resolution directing the City Attorney prepare a Charter change requiring that no ordinanoe to establish a new tax or fee, or to increase real estate, personal property, or business property taxes, be passed except by a recorded affirmative Two-Thirds (2/3) vote of all members elected to the Council; and, submit the requested Charter amendment, along with an accompanying ballot question, by July 5, 1994, for Council's consideration re a November referendum. (Sponsored by Councilmembers Nancy Parker, Robert Dean and John Moss) M. ADJOURNMENT SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Presentation: March 31 Noon Special Formal Session Operating Thursday Budget & CIP City Council Chamber Workshop: Budget April 5 1 OAM-Noon CIP Tuesday 5PM-7PM Workshop: Budget April 12 10AM-Noon CIP Tuesday 5PM-7PM Public Hrng: Budget April 14 7PM-8PM Special Formal Session CIP Thursday 8PM-9PM Pavilion Theater Workshop: Budget April 19 9AM-1 1 AM Special Workshop CIP Tuesday l1AM- iPM City Council Chamber Workshop: Budget April 26 Noon- 2PM CIP Tuesday 2PM- 4PM Public Hrng: Budget April 26 6PM- 7PM Regular Council Session CIP Tuesday 7PM- 8PM City Council Chamber Reconciliation May 5 Noon- 2PM City Council Chamber Workshop: Budget Thursday 2PM- 4PM & CIP Appropriation Ordncs: May 10 Budget & CIP Tuesday 2PM City Council Chamber COUNCILMANIC ELECTIONS TUESDAY MAY 3,1994 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 ?,/24/94bap (TDD - Telephonic Device for the Deaf) AGENDA\3-1-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia BeacPi. Virginia March 1, 1994 Mayor Meyera E. Oberndorf called to order the CITY AMNAGER'S BRIEFINGS of the P7RGINL4 BF-4CH CITY COUNCIL in the Council Chamber, (,ity IIall Building, on Tuesday, March 1, 1994, at 11:30 A.M. Council Members Present: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor grilliam D. .5essoms, Jr. Council Members Absent: Paul J. Lanteigne [EN@,@RFI) Al 12:05 I.M.1 Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no mauers on the agenda in which he has a '@ersonal interest" as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. Ihe rice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City CounciL rice Mayor Sessoms' letter of March 1, 1994, iv herel)y made a part (@f the record. C@HEENTI@EE .1@C', IICE .@lO@ I E.I@ @IRGIN" @'@51 March 1, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, 1 have thoroughly reviewed the agenda for the March 1, 1994, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly liam D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT STRATEGY 11:$0 A.M. ITEM # 37779 Andrew Burke, Director of Economic Development, advised that during the August Retreat and Strategic Workshop, City Council established Economic Development as one of their top priorities. City Council wished the City to have a corporate identity and this has been incorporated into a very aggressive economic development program. The underlying success depends on the City's ability to create a high level of identity for the City. Virginia C. Malinsky, Planning and Administration - Economic Development. related the first obstacle to overcome in the quest to create a business identity for V~rginia Beach is' the City's lack of identity as a business community. While businesses' are aware of Virginia Beach. they perceive the City more in terms of climate and tourism rather than for the excellent labor force. In addition to advertising and marketing, the City should never lose sight of what businesses need to be successful Virginia Beach is one of the top fifty cities with a professional and progressive workforce, a business attitude and a thriving economic base who warrants the business community's' interesr Mrs'. Malinsky cited the following adopted strategies: The City's Signature has been created and utilized with the development ora Corporate Communications and Graphics Program to support same. The Advertising Goal is to increase "top of mind" awareness' as the site of choice for corporate relocation and expansion and to establish an image for the City as a populous, dynamic new commercial center among corporate managers' and real estate professionals. The message is that Virginia Beach is' a City that actively seeks and welcomes new business investment. Consistently invested dollars in the identification of the City as a visitor destination and convention location have successfully created the desired image for that segment of the economy, and that philosophy will work equally well fi>r business development. To insure the City achieves' and maintains a competitive business location advantage in the World Market, cottsistent dissemination of a compelling message has begun and must be continued through the remainder of the decade. The strategy continues to be "per inquiry advertising ". Thirty and sixty second television spots have been produced that are broadcast on selected cabh' networks'. The City pays only for response& not for time. These video spots were shown to City Council Mrs. Malinsky, through the utilization of slides; displayed the magazines which will contain the City's' print ad and a copy of the City's' newest ad offered in the "Imagine Virginia Beach" brochure. This brochure is being shown to site selection professionals throughout the nation with the small brochure for local presentations. The Marketing Package contains these materials plus a number of news reprints, the data sheet, recent issues of business news and additional brochures. Economic Development maintains contact with local media directors and business writers throughout the Country. "Focus on the Economy" is produced by Economic Development in conjunction with Video Services. The Economic Development Summit, held last summer, is another public relations tool and the Department is' considering something similar to that fi~r the coming year. Two new initiatives are: Virginia Beach Annual Report and long range redesignation of the Metropolitan Statigtical Area (MSA) as the Virginia Beach/Norfolk MSA, and it is' hoped in the year 2000 Census this' will be achieved. Through "Imagine Virginia Beach ", Economic Development hopes every citizen can be involved and committed to making every new project and program fit the image the City Council has identified for the City's. future. March 1, 1994 -3- CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT STRATEGY ITEM # $7779 (Continued) Mr. Burke requested all Members of City Council "act" as the Board of Directors of a Fortune 500 Company, thus setting the stage for Economic Development's initial presentation. The proposed project will encompass a financial operation center as a regional headquarters, roughly 200,000 square feet, and will create 600 high quality job& Robert J. Ruhl, Business Development Coordinator, gave the initial presentation. Location, labor, hfestyle, low cost of living, low cost of doing business are the locational advantages of Virginia Beach. Mr. Ruhl distributed a BRIEF AGENDA: L PRESENTATION W. Andrew Burke, Director Robert J. Ruhl, Business Development Coordinator Mark R. Wawner, Project Development Coordinator Virginia (2 Malinsky, Planning and Administration I1. INTRODUCTION Videos: "Virginia Beach. A City That Knows llow to Grow." "Virginia Beach. A Dynamic Climate fi~r Business." General City Overview Population Statistics (417,000 as of January l. 1994) Quality of Life Cost of Living and Doing Business Public Schools' Major Sectors of the Virginia Beach Economy III. AVAILABLE SITES Corporate Landing Office Park IV. LABOR AVAILABILITY V. TRANSPORTATION Hampton Roads' Region Norfolk/virginia Beach International Airport VI. UTILITIES Water and Sewage Electricity and Natural (;as Telephone VII. FINANCING/INCENTIVES Department of Economic Development Support Services Employee Training Program State and Local Taxes Personnel Incentives for Relocating Employees VIII. QUESTIONS & ANSWERS March 1, 1994 - 4 - CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT STRATEGY ITEM # 37779 (Continued) Over the next ten years, the City has budgeted $1 -BIIIION in new infrastructure improvements for the City, which includes new schools, police, and fire stations and $100-MIILION in new roads. From a cost of living standpoint, the City's cost of living is slightly above the national average according to the American Chamber of Commerce. 7he City has 74 schools with 73,000 students and 4800 teachers, an average ratio between 16 and 23 students per class. 77iere are 13 higher education universities and colleges in the Hampton Roads area with 8,000 students. Four major military installations are located in Virginia Beach: Naval Amphibious Base, Oceana Naval Air Station, Fort Story and the Camp Pendieton U.S.N. Fleet Training Center. A six minute video re Corporate Landing Office Park with three sites ideritified for a proposed project was shown to City CounciL Unemployment in the area over the past two years has been averaging in the 5% to 6% range. 7here are special components of the Virginia Beach @r supply, which are not reflected in the total civilian employment ftgures and corresponding unemployment rates. Exiting military personnel staying within the area average 10 to IZOOO, bringing very specialized skills to the job market. Military spouses are also an advantage and number approximately 40,000 to 50,000. A good percentage of the college students work full and part time to supplement family incomes arid scho(il studies. Caps bearing the City's signature were distributed to members of (.@ity Council. March 1, 1994 5 CITY MANAGER'S BRIEFING PENDING ITEMS LIST ITEM # 37780 12:30 P.M. Councilman Moss referenced the PENDING ITEM re Compensation System Review. 7-he City Manager advised this information will be forwarded in City Council's Agenda package on March 4, 1994, and presented duiing their City Council 5ession of March 8, 1994. This presentation will entail the actual proposal concerning adjustments in the compensation system. March 1, 1994 - 6 - CONCERNS OF THE MAYOR ITEM # 37781 12:35 1'.M. Mayor Oberndorf advised the Senate Transportation Subcommittee has just voted to remove the tolls from Route 44 as of January 1, 1995. According to the Chair of this @ubcommittee, a Resolution adopted by the City Council agreeing to same will be required. 7he City Manager advised both Resolutions ADOP7EI) by the City Council on February First and Eighth were provided to the Subcommittee this moriiitig. Iii their I,@ebruarv l,irst Resolution, City Council had requested completion of the following projects: Reconstruction of the Rosemont Road Interchange Reconstruction of the Witchduck Road Interchange Construction of sound attenuation barriers adjacent to all residentially zoned or used property In their February Eighth Resolution, City Council opposed the use of revenues realized from tous on Route 44 for purposes of design and construction of a light rail systent or the Southeastern Expressway. Councilman Moss requested copies (@f this Bill be provided t(@ 41(@tnbers c)f City CounciL March 1, 1994 - 7 - ITEM # 37782 Mayor Meyera E. Oberndorf called to -der the INFORAL4L SESSION of the k7RGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 1, 1994, at 12:40 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clybur@, Robert K Dean, Louis R. Jories, I'aul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. @Sessoms, Jr. Council Members Absent: None March 1, 1994 - 8 - ITEM # 37783 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTI-VE SESSION, pursuant to Section 2.1-344, Code of Virgitiia, as amended, for the following purpose: PERS N AL4 7TERS: Discussion or consideration of or ititerviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplinitig, or resignation of specific public officers, appointees, or empl()yees pursuant to .5ection 2.1-344 (A) (1). TO-Wit: Appointments - Boards and Commissions: Resort Area Advisory Commisvi()n PUBLICLY-HELD PROPERTY.- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition ofpublicly-held property, or of plans for thefuture of an institution which could affect the value of property ()wfled or desirable for ownership by such inslitution pursuatit to 5ection 2.1-344(A)(3). TO- Wit: Amphitheater Virginia Beach Services Center LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to .5ection 2.1 -344(A)(7). To- Wit: Amphitheater Virginia Beach I,,'vents Unlimited Contract Upon motion by @ice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Jamev W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. J()nes, Paul J. Lanteigne, John D. Moss, Mayor Meyera F. Oberndorf, Nancy K I'arker and rice Mayor William D. 5essoms, Jr. Council Members Voting Nay: Non e Council Members Absent: None March 1, 1994 - 9 - FORMAL SESION VIRGINL4 BE,4CH CITY COUNCIL March 1, 1994 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FOR)IL4L SESSION of the V7RGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Buildirig, on Tuesday, March 1, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Iaul J. Lanteigne, John D. Moss, Mayor Meyera I,, Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION.- Reverend John E Shapell Beach Grove & Bethel United Methodist (,@hurch PLEDGE OF ALLEGIANCE TO March 1, 1994 - 10 - iv- cERTIFICATION oF EXECUTIVE SESSION ITEM # 37784 UPOn -tion by Vice Mayor 5essoms, seconded by Councibnan Clyburt4 City Council CERTIFIED THE EXECUT@ SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting -quirements by kirginia law were discussed iti 1,@ecutive Sessi()n to which this certification resolution applies; AND, Only such public business matters as were identified in the motio,, convening the Fxecutive Session were heard, &,Vcussed or c(@tisidered by Virginia Beach City Council Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwo()d 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K. Parker aiid tice Mayor lrlitiam D. Sessoms, Jr. Council Members Voting Nay: Non e Council Members Absent.- None March 1, 1994 ton CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: T'he Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 37783, Page No. 8, 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 certirication by the goveming body that such Executive 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 cach member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R h Hd@ mith, CMC;@E City Clerk March 1, 1994 m -F.1 MINUTES ITEM 37785 UPO" -"on by P"ce May- Sessoms, seconded by Councilman Clyburn, City Council APPROTIED the Minul- of he INFORMAL AND FORAL4L SESSIONS @f I,-eb,uary 22, 1994. Councibnan Moss requested his normal disclosure be added to he Minutes of February 22, 1994, Iteln #37743, Page 14, re the 5chool Board Capital Improenent Pro@ran. Councilman MO- DISCLOSED pursuant to ;ection 2.1-639.14(G) of the C e of @rginia, his wife i 0 Od I s currently empl yed by the City of Virginia Beach 5chool Board as a teacher earning an annual salay in excess of $10, 000. Councilman Moss declared he was able to participate in the transacti()n fairly, objectively and irt the best public interest. Councilman Moss's letter of July 14, 1992, iv hereb made a part of the record. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branck III, James W. Ilrazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jonev, Paul J. Lanteigrie, John D. Moss, Mayor Meyera E Oberndorf, Nancy K I'arker and Vice Mayor William D. 5essomv, Jr. Council Members Voting Nay: None Council Members Absent: None March 1, 1994 - 12 - -G.] MAYOR'S PROCL4AL4TION ITEM # 37786 Mayor Oberndorf PROCL4IMED: MARCH 1,1994 THE KELL4M HIGH SCHOOL GIRLS' GYMNASTIC TEAM DAY A N D, MARCH 1,1994 THE COX HIGH SCHOOL GIRLS' GYMNASTIC TEAM DAY Ihe Girls' Gymnastic Team of Kellam Iligh 5chool on rebruary 18, 1994, achieved the status (,f Group AAA Champion in the State competition. Ae Girls' Gymnastic Team of Cox High School ori l,ebruary 18, 1994, achieved 77sird Place in the Group AAA State Team Championship competitiori March 1, 1994 Participation in interscholastic sports provides an invaluable opportunity for young people to learn and develop the virtues of cooperation, physical fitness, perseverance, and sportsmanship; The attainment of excellence in storewide sports competition results from the highest level of dedication, endurance, teana0ork, and competitive spirit; On February 18, 1994, the Kellam High School team achieved the status of Group AAA Championship in the State competition; and, The achievement of this team reflects, greatly, to the credit of the individual participants, their coach, and the teachers and parents whose support and encouragement contributed to their accomplishments. ~, ~, I, meyera E. Oberndorf, mayor af the City of Virginia Beach, Virginia, do hereby 1994 in recognition of the credit which they have this City. brought to their school and ~ ~t~$ I~I~, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this First day of March, Nineteen Hundred and Ninety-Four. Mayor : Participatinn in interschrilastic sports prnuibes an inualuable opprirtunitg for Bi3ung pejaple tri learn and beuell3p the Virtues of cooperatian, phbsical fitness, perseverance, anb sportsmanship; : Ehe attairment of excellence in statemibe spurts cmupetitinn results fr= the highest level of bebication, enburance, tea=urk, and c=petitive spirit; : On FebruarB 18, 1994, the Cox High $chilol team achievea Thirb Place in the $tate Zeam Championship c=petitian; anb, : q:he achieuement of this beam reflects, greatib, ta the crebit of the indiviaual participants, their coach, anb the teachers and parents whose support anb encouragement ci3ntribute6 te their accmnplishments. NON, ORE,.I., MeBera E. Obernburf, Ma@or of the Citu of I)irginia Beach, I)irginia, do herebb PROC@: B A R C B I 1 9 9 4 t R F t 0 X H I 6 R 3 C R 0 0 C 6 I I f 5 ' 6 g I N A 5 C I C t E A 3 D A g in recognition af the crebit which theg haue brnught tri their school and this Citg. 11 BIG"$ I have hereunto set mg hano and causeb the Official $eal nf the CitB of Virginia Beach, I)irginia, ta bL, affixed this First baB of March, Nineteen liunared anb Ninetg-Four. i3rf MaBor 13 - AL4YOR'S PRESENTATION ITEM # 37787 MaYor Oberndorf introduced 1-ice Mayor Ronwn oleskewicz, City of Ivano-Frankivski, Ukraine. rice Mayor Oleskewicz is 37 years old and as rice Chairimn of the City Council, is the primary liaison between the Council of 145 deputies and the Council's Fxecutive Committee. lIe coordinates all executive committee strategic planning and meetings. He has administrative. as well as legislative responsibilities, supervision and enforcing Cityplanning decisiotis, reviewitig citlens'appeals and directs the City@ youth programs. In addition to his native language of Ukraiiiian, he speaks- English, Polish, Russian and German. He was one of the founders of the Democratic Reform I'arty itt his city and region. Mayor Oberndorf presented Vic7e Mayor Oleskewicz with gifts @ymbolizi,,g the City of Virginia Beach. March 1, 1994 14 - &M RESOLUTIONIORDINANCE ITEM # 37788 UP- -Olon by Ice May- ses 0 , seco ded by (,,Ourl ;r s Ms n cilinan Clybu-, City Council ADOPTED. Resolution end(@rsing partici ti(.. (,f the rlrginia Beach Police ,pa Department in the "Goodsfor Guns"firearms buy-backprogram; and, urging the support of all citizens toward the goal of reducing the number of firearms in this (@'ity. 7he City Manager iS tO execute an agreement to provide for participatioti iti such program by the Virginia Beach Police Departinent. Computer checks will be initiated on all weapons received Voting: 11-0 Council Members Voting Aye: John A. Baum, Liriwo(ld 0. Branch, III, James W firzier, Jr., Robr, W. Clyburn, Robert K. Dean, louis R. Jolies, Paul J. Lanteigne, John D. Moss, may- Meyera E Oberndorf, Na,,,y K. I'arker aild @ice Mayor William D. Vessoms, Jr. Council Members Voting Nay: Non e Council Members Absent: Non e March 1, 1994 tiPPPOVED AS TO CONTENT-' Ar@ -)!@'-@AL I A RESOLUTION ENDORSING COOPERATION 5 07,UA 2 OF THE VIRGINIA BEACH POLICE 3 DEPARTMENT WITH THE "GOODS FOR GUNS" 4 FIREARMS BUY-BACK PROGRAM 5 WHEREAS, the proliferation of firearms in the united States is 6 recognized as a national crisis, contributing to a tragic toll of 7 victims of violent crime: 8 WHEREAS, in 1993 in the City of Virginia Beach there were 839 9 incidents of criminal activity involving firearms, 713 guns were 10 reported stolen, and 12 guns were confiscated from students in the 11 public schools: 12 WHEREAS, police departments in major American cities have 13 participated in gun trade-in programs, wherein citizens in large 14 numbers have turned in firearms in exchange for cash, merchandise 15 or other things of value; and 16 WHEREAS, Television Station WAVY (TV-10) , in cooperation with 17 Crittenden Adjustment Company and members of the Hampton Roads 18 business community, has proposed to establish and provide funding 19 for "Goods for Guns," a weapons buy-back program in which the 20 Virginia Beach Police Department will accept for disposal those 21 guns relinquished by citizens of the City of Virginia Beach. 22 NOW, THEREFORE, BE I'I' RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That the Council expresses its support of the "Goods for Guns" 25 program, and authorizes the City Manager to execute an appropriate 26 agreement to provide for participation in such program by the 27 Virginia Beach Police Department; and 28 BE IT FURTHER RESOLVED, that the Council urges the cooperation 29 of all of our citizens toward the goal of reducing the number of 30 firearms in this City. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the f it @t- day of MLir, h 1994. 33 CA-5461 34 ORDIN\NONCODE\BUY-BACK.ORD 35 R-3 36 FEBRUARY 22, 1994 - 15 - Item IV-L2.a. RESOLUTIONIOPDINANCE ITEM # 37789 Brad Pulley, 148 Pinewood Road, Phone: 428-5642, Chairman - Advisory Council, Virginia Beach Rescue Squad Peter Agelasto, 815 Cavalier Drive, Phone: 428-8746, Member - Advisory Council, Virginia Beach Rescue Squad Upon motion by Vice Mayor Sessotm, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRL4TE $1,250,000 frotn the (;erieral Fund Balance for the purpose of providirig ari interest-free loan to the P-irginia Beach Volunteer Rescue Squad for the design and coristruction of a new building for ';tation 14. Voting: 11-0 Council Members Voting Aye. John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigrie, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K I'arker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay. None Council Members Absent.- None March 1, 1994 1 AN ORDINANCE TO APPROPRIATE $1,250,000 FROM THE GENERAL FUND, FUND BALANCE FOR 2 THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH VOLUNTEER 3 RESCUE SQUAD FOR THE DESIGN AND CONSTRUCTION OF A NEW RESCUE SQUAD BUILDING 4 WHEREAS, the Virginia Beach Volunteer Rescue Squad (VBVRS), which provides a significant volunteer 5 service to the citizens of Virginia Beach, desires to construct a new building on the site of the proposed Beach 6 Borough Services Center Project and has begun a fund raising campaign for this effort; 7 WHEREAS, the VBVRS wishes to pay for the design and construction of the new building that is estimated 8 to cost $1,250,000, but requests the financial assistance of the City of Virginia Beach through provision of an 9 interest-free loan from the General Fund Fund Balance iii the aniotini )t $1,250,OW 1 0 WHEREAS, the VBVRS shall provide a written request to the City Manager for the loan, provide loan 1 1 documents to the satisfaction of the C'ity Manager and City Attomey, and will repay the loan on an annual basis 1 2 over a ten year petiod; and 1 3 WHEREAS, the City Council of Virginia Beach has a history of providing such loans from the General 1 4 Fund Fund Balance to the various Volunteer Rescue Squads for Rescue Squad purposes. 1 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA, that 1 6 an interest-free loan in the amount of $1,250,000.00 be made from the General Fund Fund Balance to the Virginia 1 7 Beach Volunteer Rescue Squad to assist them in the desigd and construction of a new Rescue Squad building, Station 1 8 14 on the Beach Borough Services Center site; and 1 9 BE IT FURTHER ORDAINED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA that provision 20 of the ten year ter-m interest-free loan is conditional upon the Virginia Beach Volunteer Rescue Squad providing a 21 written request for payment and provision of appropriate loan docunientation to the satisfaction of the City Manager 22 and City Attomey prior to any disbursements being made and consistent with this ordinance. 23 This ordinance shall be effective from the date of its adoption 24 Adopted by the Council of the City of Virginia Beach, Virginia on the -day of 25 March 1994. 26 APPR ENI 27 C@ 2 8 DEPARTMEN'F OF MANAGEIIIFNT AND BUDGET I I @'- V- I . I ; % - - -,I . F@b..,y 17, 1994 c \@ip\94 95@hblll ,,,] gh .l 34 - 16 - Item IV-L2.b. RESOLUTIONIORDINANCE ITEM # 37790 Brad Pulley, 148 Pinewood Road, Phone: 428-5642, Chairman - Advisory Council, Virginia Beach Rescue @d Peter Agelasto, 815 Cavalier Drive, Phone: 428-8746, Member - Advisory Council, Virginia Beach Rescue Squad Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the City Manager to use $102,000 of existing appropriations in CIP Project #3-010, Beach Borough Services Center for the Site Designation and Schematic Design for the entire project to establish design guidelines and overall site work parameters for the construction of the Virginia Beach Rescue Squad Building (Station 14), and to reprogram $830,000funded itt PY 1994-1995 thru FY 1999-2000 Capital Improvement Program re construction of Station 14 and necessary site work. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K. Dean, Louis R. Jones, Iaul J. Lanicigne, John D. Moss, Mayor Meyera E. Oberndorf, Naticy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None March 1, 1994 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO USE $102,000 OF EXISTING 2 APPROPRIATIONS IN CIP PROJECT #3-010, BEACH BOROUGH SERVICES CENTER FOR THE SITE 3 INVESTIGATION AND SCHEMATIC DESIGN FOR THE ENTIRE PROJECT TO ESTABLISH DESIGN 4 GUIDELINES AND OVERALL SITE WORK PARAMETERS FOR CONSTRUCTION OF THE VIRGINIA 5 BEACH RESCUE SQUAD BUILDING (STATION 14), AND TO REPROGRAM $830,000 FOR THE SITE 6 WORK NECESSARY FOR CONSTRUCTION OF THE NEW RESCUE SQUAD BUILDING. 7 WHEREAS, the Virginia Beach Volunteer Rescue Squad (VBVRS), which provides a significant volunteer 8 service to the citizens of Virginia Beach, desires to construct a new building on the site of the proposed Beach 9 Borough Services Center Project and has begun a fund raising campaign for this effon; 1 0 WHEREAS, the VBVRS wishes to pay for the design and construction of the new building that is estiinated to cost $1,250,000, and will request at some future time that the Citv of Virginia Beach provide to them an interest- 1 2 free loan in the ainount of $1,250,0()() to be repaid on an annual biisis within ten years; 1 3 WHEREAS, Lhe VBVRS requests that the City of Virginia Beach assist them in the development of their 1 4 new building by using existing appropriations in CIP Project #3 0 10. Beach Borough Services Center to pay various 15 costs that are estimated at $932,000, including: the architectural and engineering fees for site investigation and 1 6 schematic design for the entire project to establish compatible design guidelines and overall site work parameters 1 7 for construction of the VBVRS building (estimated cost of $102,00()), design and construction costs of the on and 1 8 off site improvements to within five feet of the VBVRS building @estimated cost of $550,000), permits, fees and 1 9 bonds (estimated cost of $30,000), and costs of off site improvements (which are based on minimum City standards 20 rather than "Strectscape' standards) t(, 17th Street and Parks Avenue (estimated cost of $250,000); and 21 WHEREAS, there are adequate funds available in the Beach Borough Services Center CIP Project #3 010 22 to fund this request, and no furthet appropriation is needed 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA, diat 24 the City Manager is authorized to use $102,000 of existing appropriations in CIP Project #3-010, Beach Borough 25 Services Center for the site investigation and schematic design for the entire project to establish compatible design 26 guidelines and overall site work pararneters for construction of the Virginia Beach Volunteer Rescue Squad Building 27 (Station 14), and to reprogram $830,000 in CIP Project #3-010 in the FY1994/95 through FY1999/00 Capital 28 Improvement Program for design and construction costs )f the on ind off site improvements to within five feet of 29 the Virginia Beach Rescue Squad Building, permits, fees and bonds and costs @)f off site improvements lo 17th Street 30 and Parks Avenue. 31 nis ordinance shall be effective from the date @)f its adoplion. 32 Adopted by the Council of the Citv of Virginia Beach, Virginia on the F i I St day of Marc',i 33 1994. 34 APPF NTENT 35 V %o XV r 36 DEPARTMENT OF MANAGEMENT AND BUDGET Feb@@ry 17, 1994 @ \@ip\94 95'hb,@2 -,,d @yl, ,,l 34 - 17 - Item rV-LZc. RESOLUTIONIORDINANCE ITEM # 37791 Brad Pulley, 148 Pinewood Road, Ihone: 428-5642, Chairman - Advisory Council, Virginia Beach Rescue Squad Peter Agelasto, 815 Cavalier Drive, Phone: 428-8746, Member - Advisory Council, Virginia Beach Rescue Squad Upon motion by rice Mayor 5essoms, seconded by Couiicilmall Branch, City Council ADOPTED: Ordinance to Authorize acquisition of property in fee simple for the Beach Borough Services Center and temporary and permanent easements, either by agreement or condemnati(,n. Councilman Moss advised he did support Station 14, but not the additional acquisition for the Police Stadon, Fire Station and Library in the Beach Borough Senices Center. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. J()nes, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay. None Council Members Absent: Non e March 1, 1994 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR BEACH BOROUGH 3 SERVICES CENTER AND THE ACQUISITION OF 4 TEMPORARY AND PERMANENT EASEMEXTS, EITHER BY 5 AGREEMENT OR BY CONDEMNATION 6 WHEREAS, in the opinion of the Council of the City of Virginia 7 Beach, Virginia, a public necessity exists for the acquisition of 8 property for future building sites and related improvements for the 9 development of the Beach Borough Services Center and for the 10 preservation of the safety, health, peace, good order, convenience, 11 moral and welfare of the people in the City of Virginia Beach. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City Attorney is hereby authorized and 15 directed to acquire by purchase or condemnation pursuant to Section 16 15.1-898, et seq., Code of Virginia of 1950, as amended, all that 17 certain real property in fee simple including temporary and is permanent easements as shown on the plan entitled -BEACH BOROUGH 19 SERVICES CENTER", being on file in the Department of General 20 services, Virginia Beach, Virginia. 21 Section 2. That the City Manager is hereby authorized to make 22 or cause to be made on behalf of the City of Virginia Beach, to the 23 extent that funds are available, a reasonable offer to the owners 24 or persons having an interest in said lands; if refused, the City 25 Attorney is hereby authorized to institute proceedings to condemn 26 said property. 27 Section 3. That an emergency is hereby declared to exist and 28 this ordinance shall be in force and effect from the date of its 29 adoption. 30 Adopted by the Council of the City of Virqinia Beach, 31 Virginia, on the day of 1993. 32 DMG/JCL/tga 33 09/0 3/9 3 - 18 - Item IV-L3. RESOLUTIONIORDINANCE ITEM # 37792 Upon motion by Vice Mayor Sessoms, seconded by Councilmari Moss, City Council ADOPTED: Ordinance to authorle the City Manager to execute an agreement between the City of Virginia Beach and Firginia Beach Events Unlimited, Inc. re Beach Events Program. Voting: 11-0 Council Members Voting Aye: John A. Bautn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf Nancy K I'arker arid rice Mayor William D. Sessotns, Jr. Council Members Voting Nay. None Council Members Absent: None March 1, 1994 1 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 2 THE CITY OF VIRGINIA BEACH AND VIRGINIA BEACH 3 EVENTS UNLIMITED, INC. PERTAINING TO THE BEACH 4 EVENTS PROGRAM, AND AUTHORIZING AND DIRECTING 5 THE CITY MANAGER TO EXECUTE THE AGREEMENT ON 6 BEHALF OF THE CITY 7 WHEREAS, at its meeting on December 14, 1993, City 8 Council voted to ext.end the City's current contract with Virginia 9 Beach Events Unlinited, Inc. (IIVBEUII); and 10 WHEREAS, based upon City CounciL's action, City staff has 11 drafted, with input from VBEU, an agreement between the City and 12 VBEU for the period January 1, 1994, through December 31, 1994. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That City Council hereby approves the agreement 16 between the City of Virginia Beach and Virginia Beach Events 17 Unlimited, Inc., a copy of which ts attached hereto and is hereby 18 incorporated by reference. 19 2 That City Council hereby authorizes and directs the 20 City Manager to execute the aforementioned agreement on behalf of 21 the City. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the Fi i @,t day of Mar(ti 1994. 24 CA-5508 25 ORDIN\NONCODE\VBEU.ORD 26 R-1 27 PREPARED: 02/24/94 BEACH EVENTS PROGRAM AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") dated the 1st day of January, 1994, is entered into by and between die CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporafion of the Coninionwealth of Virginia, (hereinafter refeffed to as "the City") and VIRGINIA BEACH EVENTS UNI.IMITED, INC., a non-profit corporation registered in the Conimonwea]Lh of Virginia, (hereinafter referred to as "VBEU"). WITNESSETH: That for and iii consideration of the iiiutlial promises set forth herein, and for other good and valuablc coiisideratioii, the receipt of wliich is hereby acknowledged, the City and VBEU hereby agree as follows: 1. Term. The term of tliis Agreeinent shall be frotil January I , 1994, to December 3 1, 1994, inclusive. 2. PuLpose. The purpose of this Agreement is to contract for the planning, management and staging of a program (hereinafter referred to as the "Beach Events Program" or "Program") designed to broaden the range of eiltertainment opportuiiities available in the City for visitors to, and residents of, Virgiiiia Beach, thus helping to create a iiiore festive environment and posi6ve image for the City. The Program shall not be deemed to include the Neptune Festival. 3. 0-versight. The City Manager or his duly authorized designee shall be respolisible for oversight of this Agreement, It shall be the responsibility of VBELJ to keep the City Manager or his designee informed of all delails relating to VBEU's administration of the Beach Events Program. In that regard, all submissions to the City shall be to the City Manager or his designee, aild all approvals on behalf of the City shall be communicated Lhrough the City Manager or Iiis designee, to the President of VBEU. 4. Coml2osition of Beach Events Prop-ram. The Beach F@veiits Prograin sliall be cotiiprised of two separate and distinct coniponents as follows: a. General entertaininent. Tlie geiieral entertainment component of the Beach Events Prograni shall consist of a wide range of general family entertainment activifies, including but not liniited to, music festivals, ethnic festivals, iiiusical theme nights, military displays and perforiiiaiices, oceanfront niusical and non-mtisical perforinances, and other small-scale events and perforniances of a general faiiiily-oriented nature. b. Major events. The major events compoiient of the Beach Events Program shafl consist of specific, pre-designated special events or series of events of a large scale that usually last an entire day, or several days, and are designed to have a posifive and substantial economic iiiipact on the City. 2 5 Scolg of Services. VBEU agrees to plan, manage and stage the Beach Events Program as follows: a. Events. (i) General entertainment. VBEU shall plan, organize, initiate, sponsor, promote, aiid/or conduct a wide range of general fainily entertainment activities throughout the year that will appeal to and attract persons of all age groups. This component shall incltide large stage events as well as perforiii@ilices of a smaller scale distributed along designated boardwalk locatiolis and connector street parks (e.g., oceanfront musicians, mimes, clowns, PLIppet shows, inagiciaiis, etc.); provided, however, that scheduled entertainment shall not create a nuisance for nearby hotels and businesses. Events and entertainiiient shall be schediiled every weekeiid dti ring the months of May and September, and at least six (6) days a Aeek beginning aiid including Memorial Day through and including Labor Day. When weather pei-nlits, events atid entertaintnent shall be held pritnarily outdoors at the 24th Street Park, oceanfront plazas, or at other designated locations; provided, however, that during periods of incleiiient weather, events and entertainment shall, to the extent possible, be provided indoors at ptiblic facilities. The 24th Street Park shall serve as a primary location for events and entertaiiinient, except in cases of inclement weather, and VBEU shall be required to provide at least one (1) event at that location at least six (6) days a week from Meinorial Day through fabor Day. In addition, at least one (1) general entertaitiment event shall be held each nionth during the months of 3 March, April and October. All general entertainment shall be coinpleted by 9:30 p.m. Sunday through Thursday and 10:00 p.m. on Friday and Saturday. (ii) Major events. VBEU shall also sponsor, plan, schedule, sLage and/or coordinate major pre-designated special eveilts and series of events of a large scale that last an enfire day, or several days, and are designed to have a posifive and substantial economic impact on the City. For exaniple, in the past, SLIch major events have included a national fireworks compefition, a national/regional soccer tournament, major oceanfront sports competitioiis, and large scale festivals. b. Proinotion. VBEU agrees to acfively and effectively promote and market the Beach Events Prograin. VBEIJ's pronio6on and marketing efforts shall be coordinated with the City's current advertising prograin. Updated schedules of events and activities shall be printed and distribtited iiionthly May through September with additional brocliures being printed aiid disti-ibuted in the off seasc)ii iiionths of February through April and October through December. Proiiiotional niaterials shall be iiiade available to local businesses periodically during the year and for daily distributioii dtiring the period Memorial Day through Labor Day. Special brochures/posters for specific events shall also be distributed as appropriate. C. PLiblic/privat VBEU agrees to coordinate and encourage efforts of the ptiblic and private sector in the pronlotion of events and entertainment and to work iii partiiership with theiii to eiihance the Beach Events Program. 4 d. Sponsorships and additional ri@. (i) VBEU agrees to pursue both in-kind services and sponsorships (monetary donations) to supplement the Beach Events Program. (ii) VBEU agrees to use its best efforts to raise, by December 31, 1994, at least $250,000 in financial sponsorsilips, revenues generated by boardwalk sales, special events, concessions and in-kind sponsorships and services that directly offset budgeted expenses previously al)proved by the City. With the exception of anv contingent fee fund- raising contract between VBEU and a third party wlierein the fee does not exceed fifteen (15) percent of the funds collected, all sponsorships and ad(litional revenues shall be used solely for the purpose of paying program costs as defilied in paragraph 7a(i). (iii) To assist VBEU in these efforts, the City may grant permits and licenses for specific events to allow sales an(] concessiotis on the boardwalk and in adjacent public spaces in order to provide VBEU tlie iiieans to raise additional funds to support the Beach Evc@nts Pro-111-ain. (iv) VBEU shall submit to the City its plan and strategy for supplementing the Beach Eveiits Program throligh financial sponsorships, revenues generated by boardwalk sales, special events, concessions, and in-kind sponsorships and services, other ineans, shall include anticipated reventies froiii SLicii activities in its budgets subinitted to the City, and shall report acttial rev,enues received from these activities as an element of its financial reporfing requiretiletits. e. CLi vi . The City shall coordinate the provision of normal City services such as police security, paramedic services, trash removal, and maintenance of the public areas, and shall provide electrical wiring and hook-up (with the express excepfion of musical sound systems and stage lighting), bleacliers, staging, or other equipment which the CityCLirrently owns or maintains, provided such equipment is available. VBEU shall provide private security for eveiits when such additional security is deemed necessary by the City. f. Staffiniz. VBEU agrees to recruit, hire, and train a qualified staff. 9. -f,,A@men lo istiqs. Entertainers and production crews shall load and unload equipment for entertainment at pre-designated locations only. Production crews/entertainers shall be allowed to park up to three (3) vehicles in the parking area behind the 24th Street Park stage. Other arrangements iilay be inade for parking and/or loading and unloading if adequate notice is given to the Cit@. h. Volunteers. VBETJ agrees to actively recruit, train, and utilize volunteers in the provision of programming, entertainment, and other services. i. Non-exclusive apreement Both parties understand and agree that this Agreement is not an eXCILIsive Agreement bet@,eeii the City and VBEU. The City expressly reserves the right to contract with other organizations aiid groups to provide the same or siinilar services that VBEU agrees to provide under this Agreement, and VBEU understands and agrees to this reservation of right I)y the City; provided, however, that 6 should the City contract with a-ny other group or organization, it shall notify VBEU as soon as possible, but in any event tio later than two (2) weeks prior tO SLIch contracted event(s), 6. Steerinp Committee. VBEU agrees to establish and appoint an operating committee (hereinafter the "Steering Coiniyiittee"). The iiiembership of the Steering Committee shall be compfised of citizens of the City of Virginia Beach and stiall iiieltide representatives of the local business community. VBEU agrees that slich niembership stiall specifically include, among others, the presidents of the Virginia Beach flotel and Motel Association, the Virginia Beach Resort Retailers Association and the Virginia Beach Restaurant Association or the duly authorized designee of each such president, provided stich presidents or their respective designees agree to serve on the Cotiimittee. VBEti, iii coordination with the Steeriiig Coiiiinittee, shall develop, approve, and recommend to the City all schedtiles of events and budgets, and any proposed aniendments thereto, as reql]ired by paragraph 7a. VBEU shall provide all financial reports required by this Agreement to the Steering Coiniiiittee fc)r its review and recommendations. In addifion, VBEU agrees to provide to the Steering Coniniittee any informafion necessary for the performance of the Conimittee's duties hereun(ter. 7. Propram fundine. a. Preparation of program schedules and budgets. VBEU shall develop, in coordination with tlle Steering Comjiiittee, separate schedliles of proposed events for both the general eiitertainiiient and major events components of the Beach Events 7 Program. VBEU shall also develop, in coordination with the Steering Committee, three (3) separate budgets for the Program: one (1) blidget showing an itemized breakdown of program costs for the general entertainment component of the Prograin, one (1) budget showing an itemized breakdown of program costs for the major events component of the Program and one (1) budget showing an itemized breakdown of the adniinistrative costs for the overall Program. Tlie two "prograin costs" budgets shall incltide estimated revenues from all sources, itemizing the various sources. by eveiit where applicable, and shall include proposed expenditures iteiiiizing the v@trious uses, by event where applicable. For purposes of this Agreement, program costs and administrative costs shall be def-ined as follows: (i) Program costs. Those costs directly associated with the provision of a specific event or other entertaiiinient activity. Such costs shall include, but not necessarily be Iiinited to. perforinance fees, coiltract riders, tlie provision of staging, lighting and sound eqliipnietit, advertising, salaries for individlials hired specifically for an event, and such other costs as applicable. (ii) Adiiiinistrative costs. Those costs directly associated with the actual administration of the overall Beach f--vents Program. Such costs shall include, but not necessarily be limited to, allowance for bad debt expense, contractual services, depreciation, dues and stibscriptioiis, equipiiieilt, friiige benefits, furniture and fixtures, insurance, legal and accounting fees, office supplies, rent, repairs and maintenance, salaries, taxes, training and seminars, travel and utilities. In addition, tlie reasonable cost of the audit(s) and financial reports reqtiired herein ,hall coiistitlite "adniiiiistrative costs". Total 8 administrative costs for both components of the Program shall not exceed the budgeted amounts as approved by the City. No additional management fee shall be paid to VBEU. Notwithstanding the above, if the City requires additional administrative services above and beyond the requirements of this Agreement, VBEU shall be permitted to pay the reasonable costs incurred for such services with funds provided here. under upon submission to the City of, and the City's approval of, invoices for such services. b. General entertainment component funding. Proposed funding for the general entertainment component shall be based upon an appropriation of general City revenue specifically for this Program, and the budget for such component shall not exceed such amount except where supplemented by financial sponsorships and revenues generated by boardwalk sales, special events, and concessinns. c Major events component funding. Proposed funding for the major events component of the Beach Events Program shall be based upon, and the budget for such component may not exceed, the revenues estimated by the City to be generated during the term of this Agreement by the one-half (~,5) percent increase in the transient tax authorized by Section 35-159 of the City Code as adopted by City Council on November 24, 1992, and such additional revenues as may be appropriated by the City in support of the major events component, except where supplemented by financial sponsorships and revenues generated by boardwalk sales, special events, and concessions. Schedule and budget submittals. VBEU shall submit the proposed schedules and budgets developed by VBEU and the Steering Committee pursuant 9 to paragraph 7a, along with any separate recommendations of the Steering Committee, to the City for its review and approval by March 15, 1994, or as soon thereafter as possible, but in no event later than April I , 1994. The City shall expeditiously review and either approve such proposed schedules and budgets or submit its objecfions to VBEU by April 15, 1994. It is understood by the parties that no funds shall be disbursed to or expended by VBEU until the City has granted final approval of the schedtiles and budgets stibinitted to the City by VBEU; provided, however, that the City acknowledges that the Program is ongoing and that, as of the date of execution of tilis Agreement, VBEU has already encumbered some ftinds for Program activities with the prior approval of the City. At the same time that these schedules and budgets are SLibmitted to the City, VBEIJ shall also slibmit an accounting of all funds disbursed by the City to VBEU during the period July 1, 1993, to December 31, 1993, which shall be in the same format and detail as reqtiired by the April 1, 1990 agreement, as amended, and shall identify any available balances. Proposed schedules of events and the component blidgets are to be reviewed quarterly by VBEti, its Steering (@oininittee, and the City, and amendments to such schedules or conipoiient blidgets may be inade following VBEU's stibmission of any such amendment to the Steering Committee for its review and recommendations, and approval of same by the City, in the same maiiner as set forth in paragraph 7d. e. DisbLirsements. (i) Disbursements shall be made to VBETJ in four (4) separate installments on or before April 15, May 15, July 15 and September 15 unless otherwise 10 agreed by the City. Such disbursenients shall only be niade upon SLibmission by VBEU of an itemized voucher detailing the funds required for the ensuing three-month period, and stating the purposes of such ftinds with specif-ic reference to approved budget items. No single disbursement for a Program coinponent shall exceed thirty-five (35) percent of the total approved budget for SLIch component witliout tfie prior approval of tlie City. (ii) Any request by VBEU for tlie disl)urseinent of funds in addition to those disbursed by the City purstiant to City-approved schedules and budgets must be accompanied by aniendmelits to said schedtiles and btidgets developed by VBEU and the Steering Committee, along with any separate reconiinendations of the Steering Committee. No additional funds shall be disbursed unless, and until, the City has reviewed and approved any such amended schedtile and budget. f. ProRrani accotints. VBEIT shall n-iaititain two (2) separate bank accounts for funds disbursed to VBEU by the City: one (1) for funds disbursed for the general entertainment cojiiponent of the Prograin aiid one (I ) for funds disbursed for Lhe major events component of tlie Prograin. 9. Overnin responsibilitv. VBELI understaiids and agrees that funds disbursed by the City shall be applied in accordance with the City-approved budgets, and any City-approved amendment(s) tliereto, and that the City shall not be liable for any costs incurred by VBEU in excess of tliose set ft)rth in @uch approved btidgets or approved amendments thereto. h. Fund balance retumed to the City. Any appropriated hinds which are disbursed by the City and w,hich have not been expeiided upon expiration of this Agreement shall be returned to the City withiii thirty (30) days of such expiration for application by the City to the stibsequent year@s Prograiii, if applicable. Furtheriiiore, any additional revenues collected by VBEU pursuant to paragraph 5d of this Agreement which have not been expended upoii expiration of this Agreeiiient shall also be rettirned to the City for application to the subseql]ent year's Prograill, if applicable. i. Redticed revenue D-roiections. In ttle event that projected revenues from the one-half percent transient tax refereticed in paragraph 7c are revised downward by the City after C@ity approval of the budget for the nlajor events component of the Program, VBEU shall, upon notif-ication from tlie City, subiliit an amended budget reflecting the reduced ftinding j . Llnexl2ended ftinds. Any flinds disbtirsed to VBEU by the City or revenues received by VBEU froin outside sources @)r other activities in association with the Program which are iii tlie possession of VBEII on the date of exectition of this Agreement, and whicli remaiii tinexpended and unenCLInibered shall be applied towards the City-approved budgets for tlie respective coinponents as an off-set against the budgeted amounts for program costs as approved by the (ity. 8. @'inancial Rel)ortinp. a. Qtiarterly financial reports shall be SLibillitted to the City during the term of this Agreeineiit, Said reports shall be diie according the following schedule: 12 (i) On or before April 15 for the period January I through March 31; (ii) On or before JLily 15 for the period April I through June 30; (iii) On or before October 15 for the period July I through September 30; and (iv) On or before JanLiary 15 for the period October 1 through December 31. b. VBEU shall keep separate accolinting records for the general entertainment and major events components of the Beach Events Program. C. The following infoniiation, including year-to-date totals, shall be provided in summary form as well as by general enterttinmeilt activity or major event: (i) Budget to @ictual coinparison of all solirces of funds (e.g., City funding, sponsorships, sales aild concession, in-kind services, and other types of funding) for general entertainiiient acdvities aiid iiiajor events lield during the quarter; (ii) Coiiiparison of budget to actual expenses and obligations (encumbrances) for all uses of funds by category (e.,q. , advertising, contract riders, entertainment, hospitality, in-kind services, logistical costs, office SLIpplies, and other uses of funds) for general entertainment activities and inajor events held during the quarter; (iii) Excess (deficiency) of sources of ftinds overuses of funds; 1 3 (iv) Reconciliation of quarterly program expenses to quarterly request for ftinds; and (v) Explanation of deviations/variances from City-approved budgets. (vi) Comparison of budget to actual expenses and obligations (encumbrances) by category for all adininistrative costs, d. The above-mentioiied financial infonnation shall be provided to the Steering Committee on a monthly basis for its review aiid recoiiiinendations. 9. Audit. An annual audit of VBEIJ covering the period July 1, 1993, to June 30, 1994, shall be prepared by a certified public a(COLintant (acceptable to the City) according to generally accepted aiiditing standards at the expense of VBEU. This report and a copy of the managetnent letter shall be subniitted to the City no later tlian Septeinber 15, 1994. In addition, if VBE(J is not awarded a new contract, effective January 1, 1994, to plan, manage and stage the Beach Events Program, VBEU shall also provide, on or before February 28, 1995, an audit of its operations covering the period Jilly 1, 1994, to December 31, 1994. VBEU's books and records shall be available for inspectioli by the City or its duly authorized representatives during regular office hours. 10. Risk iiiana2ement. a. VBEU shall be liable for dainages to any buildings, equipment, or facilities arising out of negligence on the part of VBETJ or any of VBEU's employees. 14 VBEU agrees to indemnify, defend, and hold the City of Virginia Beach, its officials, agents, employees, and volunteers, hariiiless from and against any and all claillis of whatever nature, including injury or death to any persoil or daiiiage to any property arising out of, resulting from, or relating to VBEU's performance under this Agreement, b. VBEU shall obtain and niaintain in full force and effect during the term of this Agreement Coniinercial General I-iability insurance in an amount not less than Two Million Dollars ($2,000,000) Combined Single Liiiiits. Stich inSL]ralice shall be in a fonn, and written by a coiilpany, acceptable to the City and shall naine the City as an additional insured. VBETJ shall also maintain workers' coinpensation insurance in accordance with Virginia statues. If VBEU's or its subcontractors' or service providers' performance under this Agreenient requires the operation of licensed motor vehicles (including licensed trailers) oti City property (see note below), VBEU shall maintain or require its subcontractors or service providers to maintain in flill force and effect during the term of their performance ttilder this Agreeineiit atitomobile liability iiistirance in an amount notlessthanOneMillionDollars($1,000,000)CombinedSinglet-iinits. Allsuchinsurance shaE be written in a form, and written by companies, acceptable to the (@ity, and certificates of insurance certifying to stich coverage shall be delivered to the City at the fiine of execution of this Agreement. All forms/contracts that could potentially put the City in a liable position miist be reviewed and adjustinents, if necessary, shall be made by the City. Note: The requireiiieiit for atitoiiiobile liability ilISLirance shall not apply if licensed iiiotor vehicles are lieing tised solely for 15 transportation to a job site and are operated only on City streets and parked in normal parking areas and facilities. C. VBEU shall also obtain and maintain in full force and effect during the tenn of this Agreement an employee honesty bond at liniits not less than Five Hundred Thousand Dollars ($500,000.00). 11. Termitiation. a. Termination witholit calise. Either party to this Agreement shatl have the right to terminate tile Agreement without cause by giving written notice of such intent to the other party at least sixty (60) days prior to the effective date of such termination. Upon the effective date of such termination, VBE[.J shall cease any further work under this Agreeiiient. b Disposition of funds upon termination without callse. (i) Unencumbered futids.In the eveiit this Agreement is terminated without cause, aiiy appropriated funds whicii have been disbtirsed by the City and which are unencumbered and uiiexpended as of the date of iiotificatioii of such termination, as well as any unencuinbered and unexpended reventies collected by VBEU pursuant to paragraph 5d of this Agreeiiient, sball be rettirned to the City iiiiiiiediately. (ii,) Encumbered funds. In tlie event this Agreement is terminated without cause, and funds have been encujilbered by VBEU for a contractual arrangement with a third party that is directlv related to prograni costs as defiiied in paragraph 7a(i), but such funds have not been expended as of tlie effective date of such 16 tertninafion, VBEU shall assist the City in evaluating the possibility and advisability of tenninating the contractual arrangement between VBEU and such third party. If the City decides to terminate the contractual arrangement, such funds shall be immediately retumed to the City. If the City determines that it is not possible or advisable to terrninate the contractual arrangement, the City may, in its sole discretion, either (i) agree to allow VBEU to honor the contractual arrangement pursuant to, and in accordance with, the provisions of this Agreement, or (ii) require VBEU to return the funds to the (@ity and elect to assume VBEU's obligafions under sticli contractiial arrangeine[it C. Termination with calise. In the event that VBEU shall for any reason or through any cause be in defatilt of the tenns of this Agreement, the City may give VBEU written nofice of stich default by certified mail/return receipt requested. Llniess otherwise provided, VBEU shall have ten (10) days froin the date SLIch notice is received to cure the default. Upon failure to cure the default, the C'ity may iinmediately cancel and terminate this Agreement as of the niailing date of the default notice, and VBEU shall immediately cease perforniaiice of any further work hereunder. d. Disposition of funds upon termination with cause. In the event this Agreement is teriiiinated witli cause, all funds and reventies that are related to this Agreement, and that remaiii in the possession of VBEU as of the date of nofificafion of such tennination, shall be returned to the City immediately, whetlier or not such funds and reveiiues have been encuiiibered. 17 12. Non-Assignment. VBEtJ shall not assign its rights, privileges, duties or obligations under this Agreement to any third party or parfies without Lhe prior written consent of the City. 13. Modification. No niodification or amejidinent to Lhis Agreeiiient shall be effective unless any such modification or amendment is in writiiig and exectited by the alithorized representative of the City and VBEU with the same degree of forniality as this Agreement. 14. Notices. All notices from one party to the other required or provided hereunder shall be in writing and shall be deemed given when hand-delivered or sent by certified mail and addressed as follows: From VBEU to City: City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 From (@ity to VBEU: Virginia Beach Events Unlimited, Inc. 265 Kings Grant Road Suite 102 Virgiiiia Beach, Virginia 23452 18 15. Goveming laws. This Agreement is entered into and is intended to be perfon-ned in Virginia, and the validity, enforceability, interpretation, and construction hereof shall be determined and be governed by the laws of the Conimonwealth of Vi[-ginia. 16. Non-discrifnination. a. VBEU shallnotdiscriminate againstanyeniployee, anyapplicant for employment, or any contractor and/or employees and agents Of SL]CH contractors on the basis of race, religion, color, sex, national origin, or handicap. VBEU shall post in a conspicuous place accessible to employees, applicants for eiiiploynient, and contractors a notice setting forth the provisions of this nondiscriniiiiation clatise Furthermore, VBEU shall state that it is an equal opportunity emplover in all emplc)yiyieiit-related solicitations or advertisements, and in all solicitations for contracttial @trrangellients. b. In the procurement of goods and services associated with the Program, VBEU agrees to Lise its best efforts, and to work in conjunction with the City to ensure that all potential providers of such goods and services have the opportlinity to participate in the provision Of SLIch goods and services 19 17. Entire afreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or contemporaneous tiegotiations, understaiiding, and agreements, written or oral, between the parties. CITY OF VIRGINIA BEACH By: City Manager/Duly Authorized Designee ATTEST: City Clerk VIR(iINIA BEACH EVENI-S UNLIMFFED, LNC. By:----- President ATTEST: Secretary 20 STATE OF VIRGINIA: CITY OF VFRGINIA BEACH:, to-wit: 1, -, a Notary Public in and for the City and State aforesaid, do hereby certify that for the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the saine before me in iny City and State aforesaid. GIVEN under my hand this ___ day of 1994. Notary Public My Commission Expires: STATE OF VFRGINIA: CITY OF VIRG@ BEACH:, to-wit: 1, a Notary Public in and for the City and State aforesaid, do hereby certify that Ruth Hodges Smith, City Clerk, for the City of Virginia Beach, Virginia, whose naine as such is signed to the foregoing Agreement, has acknowledged the same before rne in my City and State aforesaid. GIVEN under my hand this day of 1994. Notar-y Public My Cojiimission Expires: 21 STATE OF VIRGINIA: CITY OF VIRGINIA BEACH:, to-wit: 1, ---, a Notary Public in and for the City and State aforesaid, do hereby cerfify that for the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in iny City and State aforesaid. GIVEN under my hand this day of 1994. Notary Public My Commission Expires: STATE OF VIRGINIA: CITY OF VIRGFNIA BEACH:, to-wit: 1, ----, a Notary Public in and for the City and State aforesaid, do hereby certify that - for the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my City aiid State aforesaid. GIVEN under jily hand this ___ day of 1994. Notary Public My Coiiiniission I-Ixpires: 22 Approved as to risk managetnent: Approved as to content: Approved as to legal sufficiency: Approved as to availability of funds: EVENTSI.AGR 02123194 23 - 19 - Item IV-L4. RESOLUTIONIORDINANCE ITEM # 37793 Attorney Morris Fine, 2101 Parks Avenue, Phone; 422-1678, represented the applicant Upon motion by Councilman Jones, seconded by rice Mayor Sessoms, City C()uncil ADOPTED: Ordinance to declare property of the City ()f Virginia Beach, located on Lots 16 through 20 and part of Lot 21, Block 30, Plat of Sunny Brook, (formerly known as 209 S. Independen(@e Boulevard (,I'IN 1477-44- 2864) as EXCESS PROPERTY iri the petition of Lavenstein Development Corp; and, authorizing the City Martager to dispose of same (BAYSIDF BOROUGII). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. 5essoms, Jr. Council Members Voting Nay: None Council Members Absent: None March 1, 1994 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach acquired ownership of @he following desciibed property by Certif L(-ate C)f Take recorded in Deed Book 2807, at page 805; and WHEREAS, the C'ty Council is (Df th opinion that the following described property is in excess of i-he rieeds of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: 1. That the fol!owing described property is hereby declared to be in excess of the needs of the Cit,@; of virginia Beach and that the City Manager is authorized to cc)rlvey said property in @he manner he deems ir, the best inlc-rests f t-he City of Virginia Beach, reserving thei-ein any and all E-'asements pertaining there@o, and further that such property be declared in excess of the needs of the City and is more particularly described as follows: ALL THOSE (-ertain lots, pieces and parcels of land, together with the appurtenances thereto and all improvements thereon situaled, located and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots 16, 17, '@8, 19, 20, and part of Lot 21, Block 30, Plat of S@inny Brook, which plat is recorded in the Cleik's Office of the -Lrcuit Cc)urt of the City C)f Virginia Beach, Virgii@lia, -@n Map Bo,,Dk 5, at page 201 except tlaat portion of Lot 21, which is now a part of Independence Boulevard as shown on that plat of lots of Sunny Brook and widening (:)f In(lepeiidence Boulevard recorded 'n t:he aforesaid Clerk's office in Map Book 211, at page 20, reference to whL(7h plat is made for a more complete @iescr4-pi:ion o' the pr,-)perty. 2 . Any building site created shall connect to public water and sewer where available. 3. This (Drdinance shall be effective from the date of its adoption. Adopted by t-he Council (Df thE, (-'ity of Virginia Beach, Virginia, on theF-it,@' d,y of 1993. @@S TO CONTEi,4T PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER E T I Z I 0 N TO: THE MAYOR AND TRE MEM13ERS OF "14E COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Lavenstein Development corporation, or @ssigris, by counsel, respectfully represenrs as foil,,s: 1. That the Petitioner appli,, t. t,,'Ie mayor and the C,u,cil of the CitY of virginia Reach, Virginia, fcr ar, rdirlance declaring the hereinafter described property tc) be in excess of the needs of the CitY of virginia Beach and to authorize @he @-itY Manager to convey the property @c@ the Petitioner upor, Payment of fair ma,k,t value as determined by qualified appl-aisal. 2, That Your Petitioner owns the Plop@-rty contiguous t, the hereinafter described P@operty and that fl'r-ther the hereinafter described property has 110 use unless j(,,ined to tiie contiguous property of Petitionei 3, The property Yc,Ur Petitioner is iF,,k,,g to be declared in excess of the needs of til,,e City of Virg@nia Beach so that he may purchase same is hereby described as foilc@ws: ALL THOSE certain lots, Pieces and parcels of land, together with the appurtenances thereto and alL improvements there,n situated, located and being in the C@ity of Virgiriia Beach, Virginia, and known, numbered a@ad desi.@3nated as Lots 16, 17, 18, 19, 20, and part of I,ot 21, in Elock 30, Plat of Sunny Brook, which plat is recorded -n the Clerk's Office of the Circuit Court of the City of Virginia Beach, Vi.rginia, in Map Book 5, at page 201 except that portion of Lot 21, hich is now a part of Independence Boulevard as shown c)n that plat of lots of Sunny Brook and wideniiig of Independence Boulevard recorded in the afor@esaid Clerk's offic I @e in Map Book 211, at: page 20, reference to which Plat Ls made, f(r a m re completf, description of the property. EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(3) THIS DEED, made this __ day of 19 by and between the CITY OF VIRGINIA BEACH, a municipal corporation in the Commonwealth of Virginia, Grantor, party of the first part, and LANCE A. LAVENSTEIN, single, Grantee, party of the second part: WITNESSETH: That for and in consideration of $10.00 cash in hand paid, the receipt of which is acknowledged, the said party of the first part does hereby grant and convey, with SPECIAL WARRANTY, unto the party of the second part, the following described property, to-wit: All that certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the city of Virginia Beach, virginia and designated and described as: "Lots 16-20 & A PORTION of Lot 21, Block 30, Plat of Sunny Brook", as shown on that certain plat entitled: "SUNNY BROOK PRINCESS ANNE CO. VA. OWNED BY SUNNY BROOK INC. 723 CITIZENS BANK BLDG. RETRACED BY ARCADE BLUE PRINT CO. DECEMBER 191611, said plat being duly recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201, and as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FOR INDEPENDENCE BOULEVARD, PHASE III WIDENING PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM ALVA H. BANKS BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA Scale: 111=30' Date: September 17, 1987 HAYES, SEAY, MATTERN & MATTERN REVISED NOV. 15, 198811, said plat being duly recorded in the aforesaid Clerk's Office in Map Book 192, at Page 12, and as shown on that certain plat entitled: "PLAT SHOWING RIGHT OF WAY AND EASEMENT FOR INDEPENI)ENCE BOULEVARD, PHASE III WIDENIN(3 PROJECT THRU PROPFRTY OWNED BY CITY OF GPIN 1477-44-2864 VIRGINIA BEACH, VIRGINIA BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA Scale: 111=301 Date: AUGUST 31, 1990 HAYES, SEAY, MATTERN & MATTERN", said plat being duly recorded in the aforesaid Clerk's Office in Map Book 211, at Page 20, to which reference is made for a more particular description. It being a part of the same property acquired by the party of the first part from ALVA BANKS CLARY, et vir, by Certificate dated February 27, 1989, and recorded in deed book 2807, at page 805, in the city of virginia Beach, Virginia. This conveyance is subject to any public utility easements and restrictive covenants of record, if any. The party of the first part covenants that it is seized in fee simple of the said property and has the right to convey the said property to the party of the second part; that it has done no act to encumber the same. WITNESS the following signature and seal: CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: By: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a notary public in and for the city and state aforesaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name as such is signed to the foregoing writing, bearing date the day of 19_, has acknowledged the same before me in my city and state aforesaid. Given under my hand this day of 19 Notary Public My commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: il a notary public in and for the city and state aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose name as such is signed to the foregoing writing, bearing date the day of 1 19 1 has acknowledged the same before me in my city and state aforesaid. Given under my hand this day of 19 Notary Public My Commission Expires: - 20 - Item IV-J. 1. APPOIA'TMENTS ITEM # 37794 BY CONSENSUS, City Council PXSCHEDULED the following APPOINTMENT. RESORT AREA ADI,7SORY COMMISSION March 1, 1994 - 21 - Item 1-y-L.I. NEW BUSINESS ITEM # 37795 COUNCIL-SPONSORED ITEM Vickie Hendley, 1661 Barrow @ireet, Phone: 471-1568, representitig the Virginia Beach Education Association, spoke in OPPOSITION to the Resolution. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, vpoke iii SUPPORT of the Resolution. A motion was made by Councilman Moss, seconded by Councilman Dean to ADOPT, AS AMENDED: Resolution directing the City Attornty prepare a Charter change requiring that no ordinance to establish a new tax or fee, or to increase real estate, personal property, or business property taxes, be passed e.xcept by a recorded affirmative Two-nirds (213) vote of all members elected to the Council,- ani4 subntit the requested Charter amendment, along with an accompanying ballot question, by July 5, 1994, for Council's consideration re a November referendum. Councibnan Lanteigne requested on line 19, the words "or eliminate" shall be added after the words "to establish", the word "new" shall be removed before the word "tax" and the word "increase" after the wordy "or to" shall be removed and replaced by the word "adjust" to read. fee, or to ..that no ordinance to establish or eliminalt, a ,c,@ tax or ii,c, case adiust real estate, personal property, or business property taxes, shall be passed except by a recorded affirmative vote of 213's (two- thirds) of all members elected to the C,oun(il n()t less than ten (10) calendar days after the first reading. " Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: James W Brazier, Jr., Robert K Dean, Paul J. Lanteigne, J()hn D. Moss and Nancy K Parker Council Members Voting Nay. John A. Baum, Linwood 0. Braitch, III, Robert W. Clyburn, Louis R. Jones, Mayor Meyera E Oberndorf and Vice Mayor grilliam D. Sessoms, Jr. Council Members Absent: None March 1, 1994 - 22 - Item I-V-M.I. ADJOURNMENT ITEM # 37796 Mayor Obemdorf DECLARFD the Meeting ADJOURNED at .3:42 PM. Beverly 0. Hooks, CMC Chief Deputy City Clerk - ---------- --- ---------------------- Ruth Hodges Smith, CMCIAAE Meyera l,. Oberndorf City Clerk May(@r City of Virginia Beach Virginia March 1, 1994