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HomeMy WebLinkAboutSEPTEMBER 2, 2003 AGENDACITY COUNCIL MAYOR MEYERA E OBERNDORI;, At-Large ITCE MA YOR LOUIS R JONES, Bay¥1de -Dtstrtct 4 H4RRY E DIEZ, EL Kempawlle - Dtstr~ct 2 M4RGARET L EURE, Centervllle - Dtstrlct 1 RI'BA S adcCLANAN, Rose Hall -Dtstrtct 3 RICHARD 4 MADDOX, Beach -Dtstrtct 6 113,t REEVE, Prmce~a Anne - Dmtrwt 7 Ph TER W SCHMIDT At-Large RON 4 ~TLLANUEVA, At-Large ROS~MAR) WILSON, At-Large IAA,tES L WOOD, Lynnhaven -D~strict 5 JAME3 K SPORE, Ctty Manager LE~SLIE L LILLEY, Ctty Attorney RUFH HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 2 September 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRG1NIA BEACH, VIRGINIA 23456-800~ PHONE (757) 427-4303 FAX (757) 426-5669 E 4/IAIL Ctycncl~vbgov cam I CITY COUNCIL'S BRIEFING - Conference Room - 1:00 P.M. Aa 2026 REGIONAL LONG RANGE TRANSPORTATION PLAN Dwight Farmer, Deputy Director of Transportation- HRPDC CITY MANAGER'S BRIEFINGS III Ao PRINCESS ANNE PARK ATHLETIC FIELDS C~ndy Curtis, Director, Department of Parks and Recreation Bo 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 A Bo CALL TO ORDER - V~ce 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- V~ce Mayor Lores 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" I. 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 mvesttgatlons of applicants for public employment and volunteer positions. Ordinance to AUTHORIZE execution of a Memorandum of Understanding (MOU) with Lynnhaven River 2007, a private, non-stock corporation whose purpose is restoring and preserving the estuary habitats in the Lynnhaven River. o Ordinance to AUTHORIZE acquisition of the Adam Thoroughgood House, from the City of Norfolk, ACCEPTANCE of a Special Warranty Deed and Deed of Gift for the contents and arttfacts, and the EXECUTION of an Agreement and Promissory Note in the amount of $250,000, payable in five (5) equal annual installments. , Resolutions PETITIONING for REIMBURSEMENT re extraordinary expenses borne by the City of Virginia Beach as the site of the John Allen Muhammad Trial. a The Virginia Beach Congressional Delegation The Governor of the Commonwealth of V~rgima 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 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD- Telephonic Dewce for the Deaf) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain the City Code Pertaining to Background Investigations of Applicants for Public Employment and Volunteer Positions MEETING DATE: September 2, 2003 Background: On July 1,2003, City Council adopted an ordinance that amended the attached City Code provision pertaining to background investigations of applicants for public employment and volunteer positions. Legislation enacted during the 2003 Session of the General Assembly required the City to adopt an ordinance that requires that applicants who are offered or accept employment with the City to submit to a national FBI background check, which includes fingerprint analysis, in addition to the local and state checks that were already being conducted. Before the FBI will begin processing national FBI background checks for a locality, the locality is required to submit the adopted ordinance to the FBI for its approval. The FBI provided the City with a model ordinance, which the City used to revise City Code § 2-78. Upon adoption of the ordinance by City Council, the City submitted the adopted ordinance for approval by the FBI. The FBI now is requiring two technical amendments, neither of which is substantive in nature. Although the new language that the FBI is now requiring was not included in the model ordinance provided to the City by the FBI, the FBI is unwilling to process the City's national background checks unless these new changes are made. Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. Recommendations: Adopt Ordinance. Attachments: Ordinance. Recommended Action: Adopt Submitting Department/Agency: Human Resources/~Z'~'~~ City Manage~~.., '~ J¥~ F ~Data~a, TY~Ordm~qONCODE~sec2-78 arf wpd 10 11 12 13 14 15 16 17 18 19 2O 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 ~ployment 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 64 65 66 (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. COMMENT The Federal Bureau of Investigation, which will process the fingerprint-based criminal history background check, has required these minor technical changes, none of which are substantive in nature. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-8980 DATA/ORDIN/PROPOSED/02-078ord.wpd R1 August 22, 2003 APPROVED AS TO CONTENTS' /H~an ReSour~&s APPROVED AS TO LEGAL SUFFICIENCY' City Attorney(~ Office I ii I I i i i ii CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Authorize the City Manager to Execute a Memorandum of Understanding Between the City of Virginia Beach and Lynnhaven River 2007. MEETING DATE: September 2, 2003 Background: Lynnhaven R~ver 2007 ("LR2007") is a private non-stock, corporabon with a tax-exempt status LR2007 has been formed for the purpose of raising funds and culbvatmg other private resources to support and enhance the C~ty's ex~sbng programs and other future programs, serwces, fac~htles and technology as they relate to the ~mprovement of water quahty and the restoration and preservation of estuary habitats ~n the Lynnhaven R~ver, assist ~n the development of educational programs pertaining to the Lynnhaven River 2007 Project, and, coordinate projects and funding with other non- profit organizations, federal and state governmental agencies, ~nd~vlduals and groups hawng s~m~lar goals and programs In an effort to ~ntegrate and coordinate efforts for ~mprovements to the Lynnhaven R~ver, a Memorandum of Understanding ("MOU") has been developed to document the relabonsh~p and efforts between the C~ty and LR2007 The execution of the MOU requires C~ty Council Approval. Considerations: City staff recognizes the benefits of entering into an association w~th LR 2007 During the budget process, Council was briefed about th~s unique opportunity, and mon~es were set aside to assist with the funding of a portion of the salary of the Executive Director of 2007 In consideration of the services to be prowded by LR 2007, the c~ty has proposed to allow a c~ty employee to serve as the Executive D~rector of LR2007 The c~ty employee w~ll be a "loaned executive" who shall devote no more than 16 hours (of h~s or her normal work week) per week to LR2007 at the offices of LR2007 During the term of this MOU, LR2007 w~ll reimburse the C~ty for a port,on of the hours the Executive D~rector devotes to his or her work for LR2007 The basic terms and condtbons of the MOU are set forth ~n a Summary of Terms attached hereto Public Information: Public Information will be handled through the normal agenda process Recommendations: Adopt the Ordinance authorizing the C~ty Manager to execute the Memorandum of Understanding w~th Lynnhaven River 2007 Attachments: Ordinance Summary of Terms Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation CityManager:~~ , 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 V~rglma Beach (the "City") manages and operates 6 stormwater-related and environmental management facilities throughout the City for the purpose of 7 enhancing the water quality of its waterways, and more particularly for the purpose of restoring and preserving the estuary habitats in the Lynnhaven River, WHEREAS, Lynnhaven River 2007 ("LR 2007") has been organized and chartered 10 as a private, non-stock, corporation under the provisions of Chapter 2, Title 13 1 of the Code of Virginia (1950), as amended, with a tax exempt status under Section 501(c)(3) of the Internal 12 Revenue C~de` and is g~verned by a B~ard ~fD~rect~rs c~mp~sed ~f e~ected and ex ~£~c~ direct~rs~ 13 WHEREAS, LR 2007 has been formed for the purpose of raising funds and accepting gifts and grants, and cultivating other privates resources to (1) support and enhance the City's :1_ 5 existing programs and other future programs, services, faclhtles and technology as they relate to the 16 ~mprovement of water quality and the restoration and preservation of the estuary habitats ~n the Lynnhaven River (the"Lynnhaven River 2007 Project"), (n) assist in the development of educational 18 programs pertaining to the Lynnhaven River 2007 Project, (m) coordinate projects and funding with other non-profit organizations, federal and state governmental agencies, and individuals and groups 2 0 having slmdar goals and programs, and 0v) perform other activities in support of programs and 22_ services related to the Lynnhaven R~ver 2007 ProJect, in each case as are consistent w~th the 22 exemptions of Secnon 501(c)(3) ofthe Internal Revenue Code, 23 WHEREAS, the C~ty recogmzes and acknowledges that its assomanon with LR 2007 24 will be beneficial to the City's interests ~n the enhancement, restoration and preservation of the 2 5 estuary habitats ~n the Lynnhaven River, and 26 WHEREAS, the City and LR2007 w~sh to assure the success of the Lynnhaven 2 7 River 2007 Project by memonahzlng their relanonsNp and their respecnve responsibilities as they 2 8 relate to certain operational actlv~tles in a Memorandum of Understanding 29 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE 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 River 2007 in accordance w~th the Summary of 3 3 Terms attached hereto 3 4 Adopted by the Council of the City of Virginia Beach, Vlrg~ma, on the __ day of 3 5 ,2003 CA- 8957 R-I O8/27/03 APPROVED AS TO CONTENT APPROVED AS TO LEGAL sU NCY Department of Law MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND LYNNHAVEN RIVER 2007 SUMMARY OF TERMS TERM: 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. RESPONSIBILITIES OF LR2007: Offices: Shall maintain 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") covering 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 amount 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 D~rector 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 d~scontinues its active support of the Lym~aven 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 i CITY OF VIRGINIA BEACH AGENDA, ITEM ,, ITEM: MEETING DATE: Adam Thoroughgood House Acquisition September 2, 2003 ~1~ Background: The Adam Thoroughgood House (the "Thoroughgod House")is one of the oldest surviving English colonial brick houses in Virginia. Adam Thoroughgood ~s generally considered the founding settler of Virginia Beach and he ~s thought to have named the Lynnhaven River. The building was restored in the 1950's through the efforts of Henry Clay Hofheimer II and the Adam Thoroughgood Foundation. Although the building was located in Princess Anne County, the Foundation gave the building and property to the City of Norfolk in 1961 Norfolk operated the Thoroughgood House as a historic house museum for nearly forty years. Initially administered through the Norfolk Museum of Arts and Sciences, the Chrysler Museum of Art has been responsible for the operabon s~nce 1971. In 1998, due to budgetary considerations, the Chrysler Museum reduced the Thoroughgood House operating hours by seventy percent, making it open and available to the general public only on Saturday and Sunday (11 hours per week). In October 1999, the City of Virginia Beach entered into an agreement with the Chrysler Museum and the City of Norfolk to operate the Thoroughgood House. This was done ~n order to ensure more reasonable public access to the historic site. Virginia Beach has operated the Thoroughgood House 39 hours per week s~nce November 1999 through the Department of Museums and Cultural Arts, with an annual budget of $88,440 plus direct services from the Building Maintenance and Landscape Services divisions. Annual attendance is approximately 10,000 and annual revenues generated are over $15,000. Virginia Beach City staff has been working with Norfolk City staff to acquire the Thoroughgood House and the collection of objects and artifacts from Norfolk and the Chrysler Museum. The C~ty of Norfolk has agreed to convey to Virginia Beach the two parcels of land (approximately 4.229 acres) and all buildings that comprise the Thoroughgood House property By Deed of Gift, the Chrysler Museum has agreed to g~ve Virginia Beach the collection of objects and artifacts currently housed and on display in the Thoroughgood House. The C;ty of Virginia Beach has agreed to make a $250,000 donation to the Chrysler Museum, payable in five equal annual installments beginning in December 2004 secured by a Promissory Note ~11 Considerations: The Thoroughgood House is a historical and architectural treasure that is h~ghly significant at the national level. The Thoroughgood House was ORDINANCE NO. 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 $2~0,000. lO WHEREAS, the City of Norfolk ("Norfolk") is the owner of two parcels of property 11 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 lZ1 (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 1'7 ~n 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 said 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 22 Virginia Beach; 23 WHEREAS, Virginia Beach has agreed to donate $250,000 to the Chrysler in 2 4 consideration of the conveyance of the Property with annual payments in the sum of 2 5 $50,000 spread over a period of five years commencing December 31, 2004; 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the ... day of 49 ,2003. APPROVED AS TO CONTENT: Oelbt. of Museums & Cultural Arts APPROVED AS TO LEGAL City Atto~ CA-8940 F:\Users\Walldej\WP\BZA\thoroughgood.ord.wpd date: July 17, 2003 R-2 AGREEMENT This Agreement, entered into this ..... day of . ,2003, by anti among the CITY OF NOR_FOLK, the CITY O~' VLRGI~ BEACH and THE CHRYSLER WHEREAS, the City of Norfolk dosire,$ to convey to tho City of Vir~n_i.a Be. ach the Adam Thoroughgood House. outbuildings and ad3oining grounds (the "Propecty"); and WHB1LEAS, the City of Virginia Beach desires to donate monies to the Ctu'ysler Museum, Lac_ in consideration for the conveyance of the Property; and WHEREAS, The Boaxd of Trustee~ of the Clu'y~I~ Museum desires to donate its Tl~oroughgood House collection of objects and m-tifaets to the City of Virginia Beach. NOW THEREFOR.E, for and in conzMerafion of the mutual promises of the parties, they hereby agree a~ follow~: CIfl~RYSLER MUSEUM~ INC. The City of Virginia Beach agrees to donate Two Hundred Fitt'y Thousand Dollaxs ($250,000.00) to the Chrysler Museum, Inc. in consideration for the conveyance of the Property from the City of Norfolk to the City' of Vix~_vla Beach, with paymen~ in the amount of Fifty Thousand Dollars ($50,000.00) each being made on or before Deovxnber 31, 2004, 2005, 2006, 2007 and 2008. Thy parties agre~ that the paymcatz shall be secured by a promissory note executed by the City of Virginia Beach. The parties agree that the use by the Museum of the funds shall be for unresuieted Museum purpo~e~. 2, CONVEYANCE OF PROPERTY... By Deed of C~, the Board of Tra~tees of the Clw~ler Museum ~grees to donate to the City of Virgi_'n~a Beach tlxe Thoroughgood House objects and artifacts listed on the ~aveniory attached to this Agreement and Deed of Giit, for ownerslnp and use by the City of Virghxia Beach in ~ox~junetion with the operation and management of the property. 3. _RIGH,T OF HRST REFUSAL. The parties agree that if the City of Virginia Beach decides not to conthaue to manage and m_a.i-tain the Property as an historical landmark, the City of Virginia Beach shall offer thc Property to the City of Norfolk, wkich shall have the right of ~t refusal to reacquire the Property for thc purchase price of $250,000 plus all ~rns expended by the City of Virginia Beach in the renovation and restoration of said PropertT. 4. ENTIRE AGREEMENT. This writing represents thc entire Agreement of the parties and any amendments must be in writing. ATTF~T: Approved as to Legal Sufficiency City Attorney CITY OF NORFOLK CiTY OF VIRGINIA BEACH By: City Manager/Authorize~/Designee THE CHRYSLER MUSEUM, INC. Contents Approved: By.' Willi0xn I. Hennessey, Diroctoz Executive Fora & Correctness Approved: Mary L.' G: Nexsen, Deputy City Norfolk C~.ty Attorney's Office This deed is ezempt from the recordation taxes imposed by section 55.1-802 of the Code of Virginia, 1950, pursuant to section 58.1-811(c) Document Prepared by the office of the City Attorney of the City of Norfolk SP£CIAL WARRANTY DEED TI~I$ DEED, made and entered into this .~ day of ,2003, by and between the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia, Grantor, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, whose addre~ is 2401 Courthouse Drive, Municipal Center, Building 1, Virginia Beach, Virginia 23456. WITNESSETH:. That for mad in consideration of the sum of TEN DOLLARS ($10.00)0 cszh in hand paid, mad other good and valuable consideration, the receipt of wb.ich is hereby acknowledged by th~ Grantor, the Grantor does hereby grant, b~xgain, s~ll and convey with SPECIAL WAR.R&NTY o£ 6tlc to the City of Virginia Beach, all of' the Grantor's interest in that certain parcel of property described as follows, to-Mt: Parcel One: ALL THAT certain lot, tract or parcel of land, together with the improvements thereon, situate, lying and being/n the City of Virginia Beach, Virginia, designated and describe~ as "ADAM THOROUGItGOOD HOUSE, TOTAL AREA 2.29 AC" as shown on that certain plat entitled: 'PLAT OF PART OF PP~OPERTY OF THOROC_~OD CORP", dated 3'uly 1955, Scale: 1" -~ 100', prepared by Ino. M. Baldwin, C. E., and R. S. Baldwin, C.L.S., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of VixginJa Beach, Virginia, in Deecl Book 418, at page 599, tn which ~eference is made for a more particular description PARCEL TWO; ALL THAT certain lot, tract or parcel of land, together with thc improvements thezeon, situate, lying and being in thc City of Virginia Beach, Virginia, designated and described as "LOT 299" as shown on that certain plat entitled: 'SECTION ONE THOROUGHGOOD, PRINCESS AN'NB CO., VIRGINIA', dated July 1935, Scale: 1" = 100', prepared by J~ao M. Baldwin, CE, which plat is duly recorded in the aforesaid Clerk's Offioe as Map Book 39, at page 40, to which reference is made for a more particular description. IT BEING the same property conveyed to the City of Norfolk, Virginia from the Adam Thoroughgood House Fouadation, by Deed dated November 28, 1960, duly recorded in the Clerk's Office of the City of Vkgiam Beach in Deed Book 676, at page 523. The Grantor and Grantee agree that the Property shall be managed and maintained as an historical landmark. This ¢onveyauce is made subject to any easements, restfictious and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of t/tie, which have not expired by a title limitation contained therein or have otherwise be~me ineffective and to matters visible upon inspection. IN WITNESS WHEREOF, the Council of the City of Neff'elk, Virginia, pursuant to an ordinance duly adopted , eff'eefive , has caused Regina V. K. Williams, City Manager, to affix her signature and seal hereto. CITY O1~ NORFOLK ATTEST Sy ... (SrAL) City Manager City Cl~rk APPROVED AS TO FORM AND CORRECTNESS: 5' k y city Atto noy STATE OF VIK(~INIA CITY OF NORFOLK, to-wit: I, , a Notary Public in and for the City of Norfolk, in the State of Virgimia, whose term of office expires on the__ day of in hereby certify that Rogina V.K. Williams, City Manager and R. Bteckenfidge Daughtrcy, City Clerlq respectively, of the City of Norfolk, whose names as such are signed to tho foregoing deed dated ,2003, have acknowledged the same before me in my City and State aforesai~l. - ....... Given under my hand this __.__ day of ,2003. Notary' Public Approved as to form & accepted on Behalf of the City of Virginia Beach City Attorney .DEED.. OF GIFT The Board of Trustees of the Chrysler Museum, Inc. with its address s,t the Chrysler Museum, Inc., 2~,5 West Olney Koad, No~folk, Vixg~nis 2510, being the sole md absolute owner of the objects and artifacts of thc Adam Tharoughgood House Property as on the attached inventory does hereby give, assig;u and transfer to the City of ¥ir~n~a Beach, Virgirfia~ all right, title and mt~e, st, intruding ~11 copyrights, in and to the abeve items. It is the Board's intention that thi~ transfer of the above-noted items shall constitute a girl of the same to the C~ty of V/rginia Beach, Virginia, in accordance with and subject to the terms and conditions of the Special Warranty Deed and Agreement amc)rig the City of Norfolk, the City of Virginia Beach and the Chrysler Museum in regard to the conveyance of the Adam Thoroughgood House Property from the City of Norfolk to the City of Virg/ma Beach. Iufonnation concerning the provenance of the itct~ls as awilablc has been provided by the Museum to the City of Vir~n{a Beach, Vkginia_ This Deed of Gift shall be in effect in conjunction with and on th~ date of the conveyance of the real propexty constituting the Adam Thoroughgeod House Property as set forth in the Special Warranty Deed between the City of Norfolk, Virginia and the City of Virginia Beach, Virginia. If the real property conveyance does not take place or the real property r,vcns to the City of.Norfolk, this Deed of Gift ~hall b~ null and void, President, Board of Trust.s The Chrysl:r Museum, Inc. Deed of Gift approwxt by B~ard o f Trustees Dat~  d orrn ~nd Correctness Agprove · ,,~ NORFOLK, ViRGiNIA ' _u." ',, .'. ' '_'~, ,, ORDINANCE No. Form CCO. 00 ~ Contents Approved: By ~,,.,- ~A- ...... · AN ORDLNANCE AUTHORIZING THE CONVEYANCE OF T}{E C1TY-O~D ADAM THOROU~GOOD HOUSE, OUTBLTIT...DINGS AND ADJOINING GROUNDS TO THE ClrrY OF VIRGINIA BEACH AND APPROVING ~ TE~{S AND CONDITIONS OF AN AGREEM~ AMONG THE CITY OF NORFOLK, TH~ CITY OF VlRG~ BEACH AND TIIE CHRYSLEK MUSEUM~ INC. IN REGARD TO ~ CONVEYANCE OF THE PROPERTY. WHEKEAS, the City of Norfolk wishes to convey the City-owned Adara Thomughgood House, together with its outbuildings and adjoining grounds, to thc City of Vkginia Beach for the use, preservation and operation by VJ-~l~!.a Beach of thc property as au historic~ lmdma~ for the benefit of eitizeas md the community; and ~AS, the Council of the City of Virginia Beach wishes to accept the conveyance of the property under the conditions set forth in the Special Warrauty Deed; and WB'WREAS, the City of Norfolk, the City of Vir2,ifnia Beach and the Chrysler Museum, Inc. desire to enter imo an Agreement ha regard to the conveyance of thc prop~, now therefore BB IT ORDAINBD by the Council of the City of Norfolk: Section 1:- That the conveyauee of the City-owned Adam Thoroughgood House, outbaildings and adjohai~ grounds located in Virginia Beach, Virginia and more particularly described below, to tl~ City of Virgima Beach is hereby authorized, such property being described as folloxw: PARCEL ONE: ALL THAT ca-rain lot, trazt or parcel of laud, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Vkginia, designated ami described as "~D~ THOROUGHGOOD HOUSE, TOTAL AREA 2.29 AC" as showa on ~t ~rm~ plat en~tl~d: "PLAT OF PART OF PROPERTY OF THOROGOOD CORP", dated July 1955, Scale: 1" = 100', prepared by Jno. M. Baldwin, C. E., and R. S. Baldwin, C.L.S., wk~ch plat ~s duly recorded ~ [he Cl~rk's Office of ~he Circuit Com~ of the CiV of V~rgk~ Beach. Vk~4.ia. i~ D~d Book 418. at page 599. ~o wMch rebr~n~ 2 mate for a more pa~kul~ d~cr~on PARCEL TWO: ALL THRT certa{n lot, tract or parcel Of land, together wi~ the improvements thereon, situme, lying aufl being k~ the City of Virginia Be, ach, Virginia, designated and descfib~ as "LOT 299" as sho~ on that eertaLu pht entitled: ~SECTION ONE THOROUGHGOOD, PRINCESS ANNE CO., dated July ~955, SGale: ~" -- 100', prepared by Jno M. Baldwin, CE, whioh ph~ h d~y recorded i. the aforesaid Clerk's Office as Map Book 39, at page 40, to whiah refereace h made for a more pa~cula~ descfip~on. Section 2:- That the terms and conditions of the Special Warranty Deed and of the Agreement among thc City of Norfolk, the City of V~rgmia Beach and the Chrysler Museum, Inc., in reBard to the conveyance of the propexty, copies of which are attached hereto, aro heroby approved. SecHon 3:- That the City Mauagor is authofizod to do all things necessa~ to haadle the convoyaucc of the propexty and is authorized to execute the Special Warranty Deed and the Agreement. Section 4:- That this ordinance shall be ia effoct thirty (30) days a~er its adoption. Adopted by Council Augus= 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 Virginia Beach, Virginia FOR VALUE RECEIVED, the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Maker") promises to pay to THE CHRYSLER MUSEUM, INC. ( the "Chrysler"), or order, without offset, the principal 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 in 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 "Agre, eme~") in consideration of the City of Norfolk's conveyance of the Adam Thoroughgood House to the Maker Payments ofpnnclpal shall be made in five annual ~nstallments of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000 00) each, due and payable on 31 st 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 privilege is reserved to the Maker to anticipate payment hereof, in whole or in part, at any time 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 of thirty (30) days after written notice, in the performance of, or compliance with any provisions in this Promissory 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 assignment for the benefit of creditors, (d) a petition is filed or any other proceeding is commenced under the Federal Bankruptcy Act or any state insolvency statute by or against any person liable hereon, or (e) a receiver is appointed for or a writ or order of attachment, levy, or garnishment is issued against any person liable hereon, all amounts outstanding under this Promissory Note shall, at the option of the holder hereof, become immediately due and payable "Person" includes individuals, 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) C~ty Manager/Authorized Designee Of the City Manager C~ty Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit' The foregoing instrument was acknowledged before me this ~ day of ,2003 by , City Manager/Authorized Designee of the City Manager of the City of Vlrglma Beach, Virginia, on its behalf. He/She is personally known to me [SEAL] My commission expires' Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t The foregoing instrument was acknowledged before me this ~ day of ,2003 by Ruth Hodges Smith, CMC, City Clerk of the City of Vlrg~ma Beach, Vlrg~ma, on its behalfi She is personally known to me [SEAL] My commission expires: Notary Public Approved As To Legal Sufficiency b 'UsersWValldej\WP\ BZA~thcu oughgood note doc~r Approved as to Content F~nance CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: MEETING DATE: Three Resolubons Seeking Reimbursement for Extraordinary Expenses Borne by City of Virginia Beach ~n Connection with the John Allen Muhammad Trial September 2, 2003 Background: In July, venue ~n the matter of Commonwealth of Virginia v. John Allen Muhammad was changed from Pnnce W~lliam County to the City of Virginia Beach. Accommodabng the media and providing adequate security and transportation for the trial ~s currently estimated to cost the C~ty $800,000. Dunng its August 26, 2003 meeting, members of City Council expressed their desire to seek reimbursement of those extraordinary expenses Considerations: Three resolutions are attached: one petitions the Governor, another pebtions the City's General Assembly delegation, and the third petitions the C~ty's Congressional delegabon. The resolubon that petibons the Governor, and the resolubon that petibons the City's General Assembly delegation, both seek reimbursement from the state of the City's extraordinary expenses incurred as a result of the trial. The resolution that petitions the City's Congressional delegation seeks reimbursement from the federal government. Public Information: Public Information wdl be handled through the normal Council agenda process Attachments: 3 Resolutions Recommended Action: NIA Submitting Department/Agency: City Manager: City Council 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 2nd day of September, 2003 CA-9006 Ordin/Noncode/Muhammadreimbres-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/Muhammadreimbre s -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/Muhammadreimbre s -ga. wpd R-1 August 27, 2003 APPROVED AS TO LEGAL SUFFICIENCY' City Attorney's Office