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DECEMBER 07, 1993 MINUTES City c:>î Virgir1i~ E3eé3cn "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-LA'g' VICE MAYOR WIlliAM D. SESSOMS, JR., At-LAW JOHN A. BAUM, BIae","a'" Bmough LINWOOD 0. BRANCH ll/, V"ginia Beach Bmough JAMES W. BRAZIER, JR., Lynnhav,n Borough ROBERT W. CLYBURN, K""psv;¡¡, Bmough ROBERT K. DEAN, Pnnce" Anne Bmough LOUIS R. JONES, Bayside Borough PAUL]. LANTEIGNE, Punga Bmough JOHN D. MOSS, At-ÚI'g' NANCY K. PARKER, At-ÚI'g' jA.'>IES K. SPORE, City Manag" LESLIE L. LIlLEY, City Atto...ury RUTH HODGES SMITH, CMC ! ME, City Clnk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 18041427-4303 DECEMBER 7, 1993 I. CITY MANAGER'S BRIEFING - Council Chamber - 11m PM A. PUBLIC RELATIONS PLAN Pamela M. Lingle, Director, Public Information II. CITY COUNCIL WORKSHOP A. PENDING ITEMS LIST III. INFORMAL SESSION - Council Chamber - 11~ /JM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2m FM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chaverim C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - November 23, 1992 G. PUBUC HEARING 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. Diamond Springs/Gardenwood Parks Civic League, Inc. H. RESOLUTIONS/ORDINANCE 1. 2. 3. I. Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by Diamond Sprlngs/Gardenwood Parks Civic League, Inc., as being exempt from State and Local Real and Personal Property Taxation. WATER and SEWER REVENUE AND REFUNDING BONDS, SERIES OF 1993: a. Resolution providing for the sale of Water and Sewer Revenue Refunding Bonds, Series 1993, not to exceed $48,075,000, heretofore authorized; and, authorizing execution of the Bond Purchase and Escrow Deposit Agreements b. Second Supplemental Resolution, amending Resolution adopted February 11, 1992, entitled .Master Water and Sewer Revenue Bond Resolution..." (amount of Refunding Bonds to be determined at time of sale) Ordinance, upon SECOND READING: FY 1993-1994jFY 1998-1999 Capital Improvement Program; and, APPROPRIATE $110,853,544 for the FY 1993-1994 Capital Budget, subject to funds being provided from various sources. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to adopt the Comprehensive Housing and Neighborhood Strategy as this City's official policy; and, authorizing the City Manager submit a Comprehensive Housing Affordability Strategy, based on such strategy, to the U.S. Department of Housing and Urban Development. 2. Ordinance to ACCEPT and APPROPRIATE $19,000 from two (2) Virginia Department of Motor Vehicle (DMV) Grants re enhancing the Habitual Traffic Offender Program and selected traffic enforcement areas. 3. Ordinance to APPROPRIATE $16,200 from Francis Land House Trust Fund re operating expenses and purchase of access equipment and period furniture. 4. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY NITE LIFE MARINA, INC. DIAMOND CAB COMPANY 5. Ordinance authorizing tax refunds in the amount of $3,647.71. 6. Ordinance authorizing license refunds in the amount of $21,027.11. J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (New Construction Division) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION SCHOOL BOARD SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) TIDEWATER DETENTION HOME (Less Secure Unit) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH CRIME TASK FORCE Resignation VIRGINIA BEACH FOUNDATION, INC. K. UNFINISHED BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Ordinance establishing a Legislative Committee for the purpose of making recommendations to City Council re City's Legislative Package; and, APPROPRIATE $1,800 from the General Fund Reserve for Contingencies for the purchase of City Flags with staffs and bases to be displayed in the Richmond Office of each of the Members of the City's local delegation to the General Assembly. (Deferred: November 23, 1993) (Sponsored by Council Member James W. Brazier, Jr.) L. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution requesting the General Assembly enact enabling legislation re repair or removal of defacements of buildings and structures. (Sponsored by Mayor Meyera Oberndorf and Council Member Linwood Branch) b. Resolution directing the Public Library Board review and reevaluate the Ubrary's current policy re permitting the unrestricted accessibility of adult- oriented materials to minors. (Sponsored by Council Member Paul J. Lanteigne) M. ADJOURNMENT ************* COUNCIL SESSIONS CANCELLED December 28, 1993 ************* CITY COUNCIL WORKSHOP SOUTHERN RURAL PRESERVATION AREA Pavilion Conference Room January 8, 1994 9:00 AM ************* If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM (TDD - Telephonic Device for the Deaf) 12/02/93!cmd AGENDA\ 12-07 -93.ITM -2- CITY MANAGER 'S BRIEFINGS PUBUC RELATIONS PLAN 11:00 AM. ITEM # 37445 Pamela M. Lingle, Director - Public Information, presented the first city-wide Public ReÚltions Strategic Pliln. This plan outlines the most important areas/issues believed to be addressed through a public relations management approach. This plan was developed with opportunity for input from every department and agency both in the initial planning stage and after completion of the first draft. It has been reviewed by the Management Leadership Team. Mrs. Lingle introduced the members of the Public ReÚltions Plilnning Team: Community Development and Revitalization Team VIrginia C. Malinsky, APR - Economic Development Department Internal Services Team Gwen K. Cowart - VIdeo Service Department Human Services Team/Productivity Rightsizing Team Dr. Dennis Wool - Community Services Board Public Safety Team J. Curtis Fruit - Clerk of the Circuit Court Library, Recreation and Cultural Team Martha J. Sims - Public Libraries Department City Manager's Office Linda A. Champion Human Resources Department Mary Lopez Economic Development Department W. Andrew Burke Convention and VISitor Development Department James B. Ricketts Ron Kuhlman Public Information Office PameÚl M. Lingle Diane C. Roache, APR Katherine Jackson Outside Expertise Judy Baker, APR Director of Public ReÚltions, Westminister-Canterbury President, Hampton Roads Chapter of the Public Relations Society of America Sharon D. Freeman, APR Public Relations Planning Facilitator Beth Ann Lawson - Public Utilities Department December 7, 1993 -3- CITY MANAGER'S BRIEFINGS PUBliC RElATIONS PLAN ITEM # 37445 (Continued) Citizens must ultimately guide and direct their government. To do this, in a meaningful way, they must understand what government is doing and intends to do. Thus, the question for City government is not whether it should communicate with the public; the question is whether the government chooses to place a high priority on effective communications to help activate community goals. The purpm,'e of the Public Relations Plan is to communicate and promote the following key messages: Excellence and Value Exceptional Quality of Life Pride and Trust Mutual Respect and Understanding Citizen - involved Government Positive Community Identity Effective Two- Way Communication The Target Audiences throughout the plan changed, depending upon the goal, the objective and strategy; however, throughout the plan, the Target Audiences are: Individual citizens, community groups, city volunteers Elected and appointed officials Municipal leaders, agencies and employees Local, regional, national and international media Minority groups Educators, students and parents Business community Economic development clientele, tourism clientele State and federal legislators As part of the initial planning stages, the Team analyzed existing trends, issues, strengths and weaknesses. Several key short term and long term needs were identified: Positive community and corporate identities Enhanced customer oriented workforce Effective media relationships Broader based citizen involvement Expanded public/private partnerships Diversified economy Expanded tax base Expanded tourism opportunities Mrs. Lingle advised the goals, strategies and tactics prepared by the City's Public Relations Team: GOAL 1 Increase VIrginia Beach residents' awareness of and participation in municipal decision making processes and partnerships, thus building mutual understanding of and support for citizen-involved government. OBJECTIVE 1: Create additional opportunities for all citizens to participate in governmental decision making and operation. December 7, 1993 -4- CITY MANAGER 'S BRIEFINGS PUBLIC RELATIONS PLAN ITEM # 37445 (Continued) Strategy A: Increase the amount of direct and interactive communication between residents and the municipal organization. Strategy B: Enhance methods of obtaining public input on the operating budget, capital improvement program, City Council priorities, and other major City projects to cultivate atmosphere where meaningful dialogue is created and valued. Strategy C: Develop and implement methods to recognize VIrginia Beach citizens' involvement in city task forces and decision making processes. OBJECTIVE 2: Increase quality customer service throughout the organization. Strategy A: Support and implement recommendations of the current City Customer Service Enhancement Team when adopted. This plan is currently under development. OBJECTIVE 3: Increase number and effectiveness of public/private and public/public partnerships for the innovative management of community resources and opportunities. Strategy A: Aggressively seek opportunities to match private and public resources with community and municipal initiatives to create mutually beneficial partnerships and to leverage resources to solve community problems. OBJECTIVE 4: Foster respect and appreciation for the value of VIrginia Beach's cultural diversity. Strategy A: Create an awareness of the variety of cultures and ethnic groups in VIrginia Beach and their contributions to community identity and quality of life. Strategy B: Provide opportunities for ethnic minorities, women, the disabled, etc., to be more involved in municipal government to bring greater representation to government processes and services. OBJECTIVE 5: Support the Public Information Office efforts to inform the public and enhance public relations for the City government with major focus on City Council identified community goals. OBJECTIVE 6: Promote community pride in VIrginia Beach as an exceptional community in which to live, work and spend leisure time. Strategy A: Clarify what the VIrginia Beach "community identity" is and analyze where the community wants to be and how to get there. Strategy B: Increase opportunities for expression of pride by residents, businesses and City organization. Strategy C: Publicize VIrginia Beach regionally and nationally as an exceptional community. December 7, 1993 -5- CITY MANAGER'S BRIEFINGS PUBUC RELATIONS PLAN ITEM # 37445 (Continued) OBJECTIVE 7: Develop effective media relations programs and seek balanced media coverage of Virginia Beach. Strategy A: Analyze current media coverage and develop methods to increase the positive media coverage received by the City locally, regionally, statewide and nationally. GOAL 2 Increase the communication of a positive identity for Virginia Beach among internal and external target publics to enhance the City's economic vitality and overall quality of life for the community and region. OBJECTIVE 1: Support on-going Economic Development public relations efforts to establish Virignia Beach as a nationally and internationally recognized corporate location and destination. Strategy A: Continue the Economic Development Information campaign to tell the Virginia Beach story to the local, regional, national and international levels establishing awareness, understanding, support, energy and enthusiasm. OBJECTIVE 2: Support on -going Convention and Visitor Development public relations efforts to position and strengthen Virginia Beach as a nationally and internationally recognized positive tourism and convention destination. Strategy A: External - Increase visitation and convention bookings. Strategy B: Increase private sector infrastructure inve!>'tment. Strategy C: Internal - Increase citizen awareness of benefits of tourism industry. OBJECTIVE 3: Support current and promote new regional public relations efforts to establish Hampton Roads as a culturally rich, geographically, and historically rich region in which VIrginia Beach is a prime player. Strategy A: Support Hampton Roads Plan 2007, Forward Hampton Roads, Hampton Roads Chamber of Commerce, etc., as deemed appropriate by City leadership. After comments are received from City Council, the Public Relations Planning Team will develop an implementation plan with the goal of completion being January for distribution to departments and agencies. Drafts of this Plan are available from the Public Information Office and are hereby made a part of the record. Mayor Oberndorf advised this Plan is currently in effect in Orlando, Florida. On Saturday, December 4, 1993, six thousand (6,000) volunteers started at City Hall to personally distribute 70,000 newsletters to the homes of individual citizens thus saving the Mayor postage and allowing her to discuss issues of concern. The Orlando Sentinel also gave her front page coverage each and every day leading up to this volunteer effort of distribution. December 7, 1993 -6- CITY COUNCIL WORKSHOP PENDING ITEMS liST 11 :43 AM. ITEM # 37446 The Pending Items List was distributed to City Council and is hereby made a part of the record. December 7, 1993 -7- ITEM # 37447 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 7, 1993, at 11:45 A.M. Council Members Present: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Absent: John A. Baum, Paul J. Lanteigne and John D. Moss December 7, 1993 -8- ITEM # 37448 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To- Wit: Appointments - Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Services Board Francis Land House Board of Governors Planning Commission Resort Area Advisory Commission School Board Southeastern VIrginia Areawide Model Program Tidewater Detention Home VIrginia Beach Community Development Corporation VIrginia Beach Crime Task Force VIrginia Beach Foundation, Inc. Norfolk Airport Authority PUBUCLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Burton Station Mount Trashmore II Southeastern Expressway VIrginia Beach Borough LEGAL MATTERS: Consultation with legal counselor 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 Section 2.1-344(A)(7). To- Wit: Waste Management Issues. Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum, Paul J. Lanteigne and John D. Moss December 7, 1993 -9- FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 7, 1993 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 7, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Absent: None INVOCATION: ~bbihrael Zobennan Congregation Beth Chaverim PLEDGE OF AU,EGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 7, 1993 -10- Item IV-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37449 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED mE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, John D. Moss, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. December 7, 1993 1!{.rønlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 37448, 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 certification by the governing 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 each 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. ~L,y-/~ uth Hodges SmIth, CMC/AAE City Clerk December 7, 1993 -11- Item W-F.1. MINUTES ITEM # 37450 Upon motion by nce Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 23, 1993. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, John D. Moss, Nancy K Parker and Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. December 7, 1993 -12- Item W-F.2. PROCLAMATION ITEM # 37451 ADD-ON Mayor Oberndorf PROCLAIMED: DECEMBER 10-16, 1993 VIRGINIA BEACH HUMAN RIGHTS WEEK AND DECEMBER 15, 1993 VIRGINIA BEACH HUMAN RIGHTS DAY Colonel Angel L. Morales, Chairman of the Human Rights Commission, ACCEPTED the Proclamation. Members in attendance joined the Chairman: Dr. Joshua F. Edwards, Sr., W. Frank Patterson and Vice chair Helen P. Shropshire. Fagan Stackhouse, Director of Human Services, also represented the Commission. Mayor Oberndorf called upon all citizens to attend the Forum on Human Rights, pledging to do all within their power to make this an occasion that will benefit persons of all races. providing enhanced understanding among citizens throughout the year and far into the future. December 7, 1993 Jrnrlamatinu /I!I1tRf.AJ : recogni~ion of ~hr inheren~ ~igni~H an~ equal an~ inalienable rights of all members of the human CamillI is ~hc foun~a~ion 11f free~om, justice, an~ peace in the worl~i /I!I1tRf.AJ : ~he General Assembl\! of ~he United Nations, on December 10, 1948. declared a Universal Declaration of Hllman Rights, an~ has since declared the week of December 10 through 16, of each \!ear, as Inte rna t iona 1 Human Rights meek, and December 10 as Human Rights Day, encollraging all il1l\ividuals and ever\! organ of society to educate anò promnte respect for human rights throuoh effective recognition and observance of these ~ates; an~, IL'IItRf.AJ : the 1)irginia Deach Human Righ~s Commission is encouraging City-wi~e recognition and observance of Ihl8an ilghts œuk and Kuaan ilghts Day by sponsoring a Forum on December 15, 1993, N(), t1ŒJŒJ'ÐJŒ, I, meyera E. Ðbern!lorf, mayor of the CHu of 1)irginia Deach, 1)irginia, do hereb\! PiKUIII: Ð£CI8B~ 10 - 16, 1993 UI¡GlHIA BEAat loaAJI RIGJIU m:IX AIm DEeI8B~ IS, 1993 UliGINIA BEAal IWIIAJI ¡IGJeu DAI:! and call upon all cltiAens I'll al'h~nd l'he Forum on Human Rights, pledging to do all within their power to make this an occasion tha~ will benefit persons of all races, providing enhanced understanding among citiAens throughout the year and far into the future. IN 1(JŒJ~ JL1IŒJŒ.()f, 1 have hereunto set mIl hand and caused the Ðffltlal ~eal of the eit\! of 1)irginia Deach, 1)irgJnia, to be affixed this ~eventh !lay of December, Nineteen Hundred and Ninety-three. ,', ". '-~':l ,. .õ'(,.- -r~~ :~~~' ! "...;:.. -'- ..~ ~.. ~"-'-';' . ~ ~', : ....;;:~~) '~', - ~ ~," ".,. " " : \. a. I ..,'t""ll":: ~:i, ';'i " " , 01 ' , .~ If ~<'t=l'~ -; \: If ~""';;r-, q , .~ .~~. '1: :' .-ili",:,. ~... , 1':'. ',~~~,-~..:....., .J . ...~~ ,"J ':"~--"""""'r--' ,~. ",; ~... .~ ", " ~ ..~~'.t""'~("- . ",' ' , :. --:-' . ~,~. ~ mayor -13- Item W-G.1. ITEM # 37452 Mayor Obemdorf DECLARED A PUBUC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION DÚlmond Springs/Gardenwood Parks Civic League, Inc. There being no spealœrs, Mayor Obemdorf CLOSED THE PUBLIC HEARING. December 7, 1993 -14- Item W-H.1. RES OL UTIONS/ORDINANCES ITEM # 37453 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by Diamond Springs/Gardenwood Parks Civic League, Inc., as being exempt from State and Local Real and Personal Property Taxation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, John D. Moss, Nancy K Parker and Vice Mayor Wllliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. December 7, 1993 - 15 - Item IV-H2. RES OL UTI 0 NS / ORDINANCES ITEM # 37454 Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council ADOPTED: WATER and SEWER REVENUE AND REFUNDING BONDS, SERIES OF 1993: Resolution providing for the sale of Water and Sewer Revenue Refunding Bonds, Series 1993, not to exceed $48,075,000, heretofore authorized; and, authorizing execution of the Bond Purchase and Escrow Deposit Agreements Second Supplemental Resolution, amending Resolution adopted February 11, 1992, entitled "Master Water and Sewer Revenue Bond Resolution..." (amount of Refunding Bonds to be determined at time of sale) Voting: 10-0 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, John D. Moss and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: nce Mayor Sessoms Council Members Absent: None nce Mayor Sessoms DISCLOSED pursuant to Section 2.1-639.14(C) of the Code of Vzrginia, and ABSTAINED. nce Mayor Sessoms is an officer of Central Fidelity Bank earning in excess of $10,000 annually. CFB has been appointed Fiscal Agent and Registrar with respect to the Bonds. CFB will receive a fee for its services as Fiscal Agent and Registrar. December 7, 1993 - 16- Item lV-H.3. RESOL UTI 0 NS/ ORDINANCES ITEM # 37455 The following registered to speak expressing concern relative redistricting of the Schools and funding. Juanita Graziadei, 2109 Farmington Court, Phone: 340-0755 Marsha Waller, 312 Eastwood Circle John Maner, 3520 Blue Marlin Circle, Phone: 498-3589 Mayor Oberndorf advised the City Council did fully fund the School's request Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED, upon SECOND READING: Ordinance, upon SECOND READING: FY 1993-1994/FY 1998-1999 Capital Improvement Program; and, APPROPRIATE $110,853,544 for the FY 1993-1994 CapŽUlI Budget, subject to funds being provided from various sources. Voting: 11-0 Council Members Voting Aye: John A. Baurn, 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Nay re inclusion of Sandbridge Sewer Project. December 7, 1993 1 AN ORDINANCE TO ADOPT THE ALTERNATIVE 2A 2 FY 1993-94/FY 1998-99 CAPITAL AMENDED 3 IMPROVEMENT PROGRAM AND TO APPROPRIATE WITH SANDBRIDGE 4 $110,853,544 FOR THE FY 1993-94 5 CAPITAL BUDGET SUBJECT TO FUNDS BEING 6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 7 WHEREAS, the City Manager, on September 14, 1993, presented to City Council the Capital 8 Improvement Program for fiscal years 1993-94 through 1998-99, 9 WHEREAS, City Council held public hearings on the program to provide for public comment, 10 WHEREAS, based on public comment, City Council has determined the need for certain 11 projects in the Capital Improvement Program, 12 WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the 13 1993-94 fiscal year as set forth in said Capital Improvement Program. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA: 16 Section 1: That the program, as modified, for the construction of, or addition to capital 17 facilities identified for fiscal years 1993-94 through 1998-99 is hereby adopted and that projects listed herein 18 are approved as capital projects. 19 Section 2: That the projects shall be financed from funds to be appropriated periodically by 20 City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, 21 altered, or rescheduled in any manner at any time by City Council. 22 Section 3: That funds in the amounts aggregating $110,853,544 for capital projects 23 underway or beginning in the 1993-94 fiscal year as set forth in said Capital Improvement Program are hereby 24 appropriated, subject to the conditions set forth, as follows: 25 CAPITAL PROJECT APPROPRIATION 26 SCHOOL PROJECTS: 27 1-006 Various Schools Site Acquisition $ 1,308,750 28 1-010 Ocean Lakes High School 3,330,000 29 1-053 Larkspur Middle School 1,700,000 30 1-057 Various Schools Additions/Conversions 21,444,984 31 1-058 Renovations and Replacements 3,750,000 32 1-059 Pay-As-You-Go Capital Improvements 1,000,000 33 1-062 ADA School Modifications 250,000 34 TOTAL SCHOOL PROJECTS $ 32,783,734 35 ROADWAY PROJECTS: 36 2-019 Indian Lakes Boulevard - Phase I $ 65,128 37 2-021 Rural Road Improvements 300,000 38 2-051 Citywide Parking Improvements (Partial) 51,500 39 2-084 Military Highway 615,988 40 2-086 South Plaza Trail 95,221 41 2-137 Great Neck Road - Phase IV and London Bridge 42 Road - Phase III 202,233 43 2-139 Kempsville Road - Phase III 158,888 44 2-149 Birdneck Road - Phase II 154,963 45 2-157 Lynnhaven Parkway - Phase IX 158,888 46 2-209 Courthouse Loop North - Phase II 51,667 47 2-211 Secondary Street Improvements 350,533 48 ROADWAY PROJECTS: (concluded) 49 2-218 Harbor Point Road Extended $ 809,620 50 2-816 Traffic Safety Improvements 814,772 51 2-837 Various Cost Participation Projects 27,777 52 2-930 Salem Road 10,098 53 2-987 Independence Boulevard - Phase IV-A 951,038 54 TOTAL ROADWAY PROJECTS $ 4,818,314 55 COASTAL PROJECTS: 56 2-014 Lynnhaven Inlet Maintenance Dredging $ 15,000 57 2-077 Citywide Sand Replenishment Project 1,030,000 58 2-221 Rudee Inlet Seabee Demonstration 10,000 59 2-830 Rudee Inlet Dredging 298,000 60 TOTAL COASTAL PROJECTS $ 1,353,000 61 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: 62 2-049 Resort Streetscape Improvements $ 1,770,151 63 2-058 Rudee Walk (Partial) 1,000,000 64 2-066 Oceanfront Connector Parks 2,200,000 65 2-141 Economic Development Investment Program 1,496,000 66 2-198 Burton Station (Partial) 1,241,115 67 2-199 Conference/Convention Facility 250,000 68 2-215 Resort Area Parking Improvements 1,706,000 69 2-253 Virginia Beach Higher Education Center 221,000 70 2-704 Beach Erosion Control and Hurricane Protection 50,000 71 3-002 Marine Science Museum Expansion 40,091,000 72 TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS $ 50,025,266 73 BUILDING PROJECTS: 74 3-005 Underground Storage Tanks - City $ 1,782,362 75 3-010 Beach Borough Service Center 1,063,059 76 3-016 Dredge Operations Relocation 400,000 77 3-018 Fire/Rescue Station - Creeds 1,000,000 78 3-020 ADA Building Modifications 250,000 79 3-021 Family Court Modifications 210,000 80 3-023 Social Services Building Renovation 1,754,500 81 3-024 Virginia Beach Juvenile Detention Center 251,000 82 3-031 Infection Control Decontamination Facility 140,000 83 3-033 Fire Station Roof Replacements 380,116 84 3-034 Fire Station Concrete Repairs 237,600 85 3-035 Farmers' Market Relocation/Agricultural Village (Partial) 50,000 86 3-976 Fire Training Center Enhancements 320,000 87 3-984 Juvenile Detention Facility (Chesapeake) 419,213 88 3-992 Pendleton Child Service Center Relocation 974,900 89 TOTAL BUILDING PROJECTS $ 9,232,750 90 PARKS AND RECREATION PROJECTS: 91 4-935 Princess Anne Park Expansion - Phased 92 Improvements (Partial) $ 640,903 93 4-950 Neighborhood Park Improvement - Backlog Reduction 187,577 94 4-951 Neighborhood/Community Park Acquisition Development - 95 High Point 106,000 96 4-953 Municipal Golf Course Improvements (On-Going) 181,000 97 4-954 Tennis Court Renovations (On-Going) 75,000 98 4-955 Athletic Fields Upgrading and Lighting 150,000 99 4-959 Golf Course Infrastructure and Equipment (On-Going) $ 200,000 100 TOTAL PARKS AND RECREATION PROJECTS $ 1,540,480 101 TOTAL GENERAL IMPROVEMENT PROJECTS $ 99,753,544 102 STORM WATER UTILITY PROJECTS: 103 2-020 Various Drainage Improvements $ 160,000 104 2-1 15 Rosemont Road - Windsor Woods Drainage 391,000 105 2-170 North Beach Drainage - Interim Improvements 184,000 106 STORM WATER UTILITY PROJECTS: (concluded) 107 2-179 Pine Ridge Drainage $ 640,000 108 2-183 Storm Water Quality Enhancements 135,000 109 2-190 Laurel Manor Drainage (Interim) 50,000 110 2-902 North Beach Storm Drainage - Phase III 140,000 1 1 1 TOTAL STORM WATER PROJECTS $ 1,700,000 112 WATER UTILITY PROJECTS: 113 5-002 Sandbridge Road - Phase II $ 620,000 114 5-053 Witchduck Point - 51% Type 5,000 115 5-056 Thoroughgood - 51% Type 5,000 116 5-066 17th Street Tank Modifications 12,000 117 5-067 Courthouse and Sandbridge Tank Modifications 500,000 118 5-103 Old Princess Anne Road - 51% Type 65,000 119 5-108 Stumpy Lake - 51% Type 100,000 120 5-119 Flow Monitoring System 250,000 121 5-123 Birdneck Road - Route 44 Intersection 100,000 122 5-124 Tank Upgrade Program 500,000 123 5-125 Utility Billing Systems Upgrade - Phase I 182,000 124 5-126 Water Quality Program 500,000 125 5-127 Landstown Yard Improvements - Phase II 100,000 126 5-973 First Colonial Road - Phase III 110,000 127 TOTAL WATER UTILITY PROJECTS $ 3,049,000 128 SEWER UTILITY PROJECTS: 129 6-001 Old Princess Anne Road $ 100,000 130 6-005 First Colonial Road - Phase III 26,000 131 6-007 Indian River Road/Hillcrest 88,000 132 6-008 Dozier's Bridge 480,000 133 6-022 Indian River Road/Elbow Road 125,000 134 6-023 Indian River Road South 55,000 135 6-024 Salem Road "A" 271,000 136 6-026 Witchduck Point 124,000 137 6-029 Princess Anne/Courthouse/Holland Road 378,000 138 6-053 Birdneck Road - Route 44 Intersection 100,000 139 6-054 Utility Billing System Upgrade - Phase I 180,110 140 6-055 Landstown Yard Improvements - Phase II 100,000 141 6-058 Churchill Downs 80,000 142 6-059 Seaboard Road Golf Course 270,000 143 6-931 Sandbridge 1,950,000 144 6-939 Comprehensive Sewer Study 50,000 145 6-947 Homestead 1,353,890 146 6-949 Reon Drive 500,000 147 6-999 Brock's Bridge 120,000 148 TOTAL SEWER UTILITY PROJECTS $ 6,351,000 149 TOTAL UTILITY PROJECTS $ 11,100,000 150 TOTAL APPROPRIATIONS $ 110,853,544 151 To be funded from the following sources: 152 General Appropriations $ 11,530,713 153 General Fund Balance 8,608,612 154 1993 Charter Bonds 40,200,000 155 Water and Sewer Fund 2,000,000 156 Federal Contribution 669,500 157 Certificates of Participation 29,819,734 1 58 Lease-Purchase 1,375,000 159 State Contribution 903,950 160 Water and Sewer Revenue Bonds 7,400,000 161 Other 1,646,035 162 Private Contribution 5,000,000 163 Storm Water Utility Fund 1,700,000 164 TOTAL $ 110,853,544 165 Amounts appropriated above amend any 1993-94 fiscal year allocations previously authorized 166 in the FY 1993-94 Operating Budget adopted by the City Council on May 11, 1993. 167 Section 4. That capital project funds appropriated in prior fiscal years are to be adjusted in 168 accordance with said Capital Improvement Program and reallocated as follows: 169 SCHOOL PROJECTS: 170 TRANSFER TO: 171 1-059 Various Schools Additions/Conversions $ 600,000 172 TOTAL TRANSFERS TO $ 600,000 1 73 TRANSFER FROM: 174 1-011 Strawbridge Elementary School $ 100,000 175 1-050 Kemps Landing Renovations 100,000 176 1-980 Corporate Landing Elementary School 400,000 177 TOTAL TRANSFERS FROM $ 600,000 178 ROADWAYS PROJECTS: 179 TRANSFER TO: 180 2-019 Indian Lakes Boulevard-Phase I $ 1,206,690 181 2-089 Southeastern Expressway Acquisition 1,663,616 182 2-096 Ferrell Parkway - Phase V (Partial) 25,920 183 2-121 Roadway Impact Reduction 3,744 184 2-122 Gum Swamp Bridge 930,733 185 2-132 London Bridge Road - Extended 386,867 186 2-133 Shore Drive Intersections 10,000 187 2-164 Jeanne Street 10,000 188 2-212 Laskin Road and Holly Intersection 17,113 189 2-213 Queen City Street Improvements 407,104 190 2-218 Harbor Point Road - Extended 509,275 191 2-219 Independence Boulevard-Phase IV-C 127,381 192 2-220 Equestrian Racetrack Access Improvements 343,381 193 2-820 Princess Anne Road - Phase III 120,000 194 2-987 Independence Boulevard - Phase IVA 1,435,363 195 TOTAL TRANSFERS TO $ 7,197,187 196 TRANSFER FROM: 197 2-006 Baxter Road Widening $ 40,678 198 2-021 Rural Road Improvements 374,942 199 2-040 West Neck Bridge 70,653 200 2-041 South Plaza Trail Bridge 16,505 201 2-042 Mill Dam Bridge 19,263 202 2-061 Lynnhaven Parkway - Phase VII 49,761 203 2-065 Indian River Road - Phase IV 50,043 204 2-070 Northampton Boulevard - Phase II 261,702 205 2-075 Rosemont Road - Phase IV 2,000,000 206 2-080 Indian River Road - Phase V 1,155,321 207 2-092 Northampton Boulevard - Phase IIA 113,763 208 2-135 Lynnhaven Drive 155,121 209 2-150 Ferrell Parkway-Phase VI and VII 19,212 210 2-167 Lynnhaven Parkway - Phase XI 50,503 211 2-176 Princess Anne/Sandbridge Road Intersection 594,639 212 2-211 Secondary Street Improvements 201,772 213 2-305 Ferrell Parkway-Phase II 127,381 214 2-600 Virginia Beach Boulevard - Phase II 14,071 215 2-810 Centerville Turnpike - Phase IA 962,856 216 2-820 Princess Anne Road - Phase III 154,397 217 2-925 Northampton Boulevard - Phase I 16,413 218 2-929 Virginia Beach Boulevard - Phase III 280,699 219 2-930 Salem Road 5,000 220 2-945 Newsome Farms Streets 14,858 221 2-962 Pungo Ferry Road Bridge 288,243 222 2-980 Seatack Streets - Phase HA 22,476 223 2-984 Seatack Streets - Phase IIB 136,915 224 TOTAL TRANSFERS FROM $ 7,197,187 225 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: 226 TRANSFER TO: 227 2-215 Resort Area Parking Improvements $ 350,000 228 2-245 West Neck Creek Golf Course 1,500,000 229 2-049 Resort Streetscape Improvements 2,418,090 230 TOTAL TRANSFERS TO $ 4,268,090 231 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: (concluded) 232 TRANSFER FROM: 233 2-094 Dome Area Development $ 2,418,090 234 2-066 Oceanfront Connector Parks 1,500,000 235 2-214 25th Street Park 350,000 236 TOTAL TRANSFERS FROM $ 4,268,090 237 STORM WATER PROJECTS: 238 TRANSFER TO: 239 2-115 Rosemont Road - Windsor Woods $ 474,962 240 2-181 Pocahontas Village Drainage System Improvements 50,000 241 2-186 Windsor Woods Drainage 70,000 242 2-190 Laurel Manor Drainage (Interim) 180,000 243 2-819 Ocean Park Storm Drainage 1,488,862 244 2-823 Salem Canal Improvements 63,204 245 TOTAL TRANSFER TO: $ 2,327,028 246 TRANSFER FROM: 247 2-020 Various Drainage Improvements $ 180,000 248 2-1 13 NPDES Storm Water System Permit 500,000 249 2-800 Lynnhaven Colony Drainage 306,000 250 2-821 Diamond Lake Estate Storm Drainage 291,998 251 2-902 North Beach Storm Drainage 473,030 252 2-960 Oceana Gardens West Drainage 576,000 253 TOTAL TRANSFERS FROM $ 2,327,028 254 BUILDING PROJECTS: 255 TRANSFER TO: 256 3-007 Pesticide/Paint Storage Facility $ 40,000 257 3-010 Beach Borough Service Center 1,092,828 258 3-017 Pavilion Roof Repairs 50,000 259 3-029 Municipal Center Court Entry System 110,000 260 3-944 Fire State - Little Neck 27,000 261 3-945 London Bridge Fire Station Number 3 14 262 3-989 Refuse Collection and Garage Facility 150,000 263 TOTAL TRANSFERS TO $ 1,469,842 264 TRANSFER FROM: 265 3-826 Energy Conservation Program $ 33,080 266 3-910 Kempsville Public Safety/Library 43,801 267 3-967 Correction Center Addition 35,691 268 3-968 General Booth Fire Station 1,301,923 269 3-986 Municipal Center Renovation/Programming 55,347 270 TOTAL TRANSFERS FROM $ 1,469,842 271 PARKS AND RECREATION PROJECTS: 272 TRANSFER TO: 273 4-960 Outdoor Plan Initiative Reserve $ 1,398,000 274 TOTAL TRANSFERS TO: $ 1,398,000 275 TRANSFER FROM: 276 4-948 Scenic Waterways Improvements $ 398,000 277 4-952 Future Community Park Acquisition 1,000,000 278 TOTAL TRANSFERS FROM $ 1,398,000 279 WATER AND SEWER UTILITY PROJECTS: 280 TRANSFER TO: 281 5-053 Witchduck Point - 51% $ 50,000 282 5-066 17th Street Tank Modifications 18,000 283 5-068 Comprehensive Water Study - Phase II 100,000 284 WATER AND SEWER UTILITY PROJECTS: (concluded) 285 5-069 Small line Improvements - Phase II $ 350,000 286 5-071 Water Request and Agreement Projects - Phase II 50,000 287 5-097 Busky Lane/Poyner Lane - 51% 10,000 288 5-118 Computerized Mapping Program 950,000 289 6-005 First Colonial Road - Phase III 74,000 290 6-008 Dozier's Bridge 210,000 291 6-015 Infiltration, Inflow, and Rehabilitation - Phase II 1,350,000 292 6-026 Witchduck Point 131,000 293 6-044 Terrace Avenue/14th and Parks 200,000 294 6-046 Computerized Mapping 950,000 295 6-925 Atlantic Avenue 100,000 296 6-937 Aragona Rehabilitation 200,000 297 6-938 Princes Anne Plaza Rehabilitation 700,000 298 6-944 Princess Anne Hills 200,000 299 6-947 Homestead 306,110 300 TOTAL TRANSFERS TO $ 5,949,110 301 TRANSFER FROM: 302 5-001 Virginia Beach Boulevard - Phase III $ 50,000 303 5-022 Great Neck Point 261,866 304 5-038 North Seaboard Road 18,153 305 5-040 Lynnhaven Acres 43,091 306 5-041 Bells Road - Birdneck Road 500,000 307 5-044 Independence Boulevard - Phase IIA-2 70,000 308 5-045 Independence Boulevard - Phase III 50,000 309 5-048 Lynnwood/Michaelwood - 51% 29,000 310 5-049 Woodland - 51% 29,000 311 5-051 Robbins Corner - 51% 59,149 312 5-070 Various Highway Projects - Phase II 100,000 313 5-079 Rosemont Road - Phase IV 100,000 314 5-121 Princess Anne Road - Phase V 100,000 315 5-711 Centerville Turnpike 100,000 316 5-921 London Bridge Road - Phase II 50,000 317 5-953 Great Neck Road - Phase II 40,000 318 5-967 Cavalier/Linkhorn Park 50,000 319 5-980 Shore Drive Pump Station Modifications 11,000 320 5-990 Virginia Beach Boulevard - Phase II 30,000 321 5-996 Dam Neck Road - Phase I 30,000 322 6-010 Red Tide Drive 50,000 323 6-012 South Plaza Trail 48,000 324 6-016 Pump Station Modifications - Phase II 450,000 325 6-018 Various Sewer Projects - Phase II 200,000 326 6-043 Bonney Road Pump Station and Force Main 130,000 327 6-825 Virginia Beach Boulevard 30,000 328 6-930 Lynnhaven Acres 160,000 329 6-934 Bay Colony 700,000 330 6-939 Comprehensive Sewer Study 700,000 331 6-940 East Sparrow Road 200,000 332 6-942 Great Neck Point 420,000 333 6-945 Larkspur 300,000 334 6-954 Virginia Beach Boulevard - Phase II 50,000 335 6-962 Timberlake Force Main 450,000 336 6-963 Dam Neck Road - Phase I 60,000 337 6-970 Virginia Beach Boulevard - Phase III 75,000 338 6-993 Old Dam Neck/Upton 204,851 339 TOTAL TRANSFERS FROM $ 5,949,110 340 Section 5. That additional appropriations and the addition of capital projects shall not be 341 initiated except with the consent and approval of the City Council first being obtained. 342 Section 6. That the restriction with respect to the expenditure of funds appropriated 343 shall apply only to the totals of each project class. All contracts awarded for approved and appropriated 344 capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of 345 Finance prior to the initiation of work on the contract. 346 Section 7. That the Capital Improvement Program debt management policies contained and 347 included in the C.I.P. Policies and Process Section of the Capital Improvement Program document shall be the 348 policy guidelines of the city and that the City Manager shall annually report on the status of those guidelines 349 and the projected impact of the proposed Capital Improvement Program on those guidelines, such information 350 to be included in the Capital Improvement Program submittal. The City Manager may propose modifications to 351 those policies and guidelines through the Capital Improvement Program. 352 Section 8. That this ordinance shall be in effect from and after the date of its adoption. 353 Section 9. That if any part or parts, section or sections, sentences, clauses, phrases of this 354 ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity 355 of the remaining portions of this ordinance. 356 Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of 357 December , 1993. 358 First Reading: November 23, 1993 359 Second Reading: December 7 1993 Approved as to Content tif Department of Management and Budget APPROVED AS TO LEGAL SUFFICIENCY f e -17- Æ::L. CONSENT AGENDA ITEM # 37456 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE MOTION items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 18- Ædl CONSENT AGENDA ITEM # 37457 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to adopt the Comprehensive Housing and Neighborhood Strategy as this City's official policy; and, authorizing the City Manager submit a Comprehensive Housing Affordability Strategy, based on such strategy, to the u.S. Department of Housing and Urban Development. 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, 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: None December 7, 1993 - 19- W-l2 CONSENT AGENDA ITEM # 37458 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $19,000 from two (2) Virginia Department of Motor Vehicle (DMV) Grants re enhancing the Habitual Traffic Offender Program and selected traffic enforcement areas. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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 Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 20- Æd1 CONSENT AGENDA ITEM # 37459 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance toAPPROPRlATE $16,200 from Francis lAnd House Trust Fund re operating expenses and purchase of access equipment and period furniture. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 21 - Item W-L4 CONSENT AGENDA ITEM # 37460 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED: CERTIFICATES OF PUBUC CONVENIENCE AND NECESSITY NITE UFE MARINA, INC. DIAMOND CAB COMPANY Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, 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 Yiee Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 22 - Item W-L5 CONSENT AGENDA ITEM # 37461 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED: Ordinance authorizing tax refunds in the amount of $3,647.71 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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 Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 23 - Item IV-l6. CONSENT AGENDA ITEM # 37462 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED: Ordinance authorizing license refunds in the amount of $21,027.11 upon application of certain persons and certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood o. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 24 - Item W-J.1. APPOINTMENTS ITEM # 37463 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: BOARD OF BUILDING CODE APPEALS (New Construction Division) Robert L. Yoder 2 Year Term 01/01/94-12/31/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 25 - Item W-J.2. APPOINTMENTS ITEM # 37464 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD Robert H. DeFord, Jr. James L. Kitchin, Jr. Edward L. Vaughan 3 Year Terms 01101/94 - 12/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 26- Item IV-J.3. APPOINTMENTS ITEM # 37465 Upon NOMINATION by Vice Mayor Sessoms, City Council: COMMUNITY SERVICES BOARD APPOINTED: Priscilla Beede REAPPOINTED: Donald V. Jellig Robert F. Hagans Mary W. Johnson John Y. Richardson 3 Year Terms 01/1/94 - 12/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. 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 Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 27- Item W-J.4. APPOINTMENTS ITEM # 37466 Upon NOMINATION by VIce Mayor Sessoms, City Council: RESORT AREA ADVISORY COMMISSION APPOINTED: Gerry Porterfield REAPPOINTED: David R. Hagar Roger F. NewiU Edmund C. Ruffin Robert M. Tatll, Jr. 3 Year Terms 01/1/94 - 12/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 28- Item W-J.5. APPOINTMENTS ITEM # 37467 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: TIDEWATER DETENTION HOME (Less Secure Unit) Carrollyn C. Cox 3 Year Term 01/01/94-12/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 29- Item IV-J.6. APPOINTMENTS ITEM # 37468 Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED: VIRGINIA BEACH CRIME TASK FORCE Gail Nilsen unexpired term thru 2/28/96 Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 30- Item W -J. 7. APPOINTMENTS ITEM # 37469 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: SCHOOL BOARD James R. Darden Lynnhaven Borough 6 Month Term 01/01/94-06/30/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 31 - Item IV-J.B. APPOINTMENTS ITEM # 37470 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: SCHOOL BOARD Susan L. Creamer Blackwater Borough 2-1/2 Year Term 01/01/94-06/30/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 32 - Item W-J.9. APPOINTMENTS ITEM # 37471 VIce Mayor Sessoms and Councilman Moss stated the following NOMINATIONS for the School Board's two At-Large Positions: Sharon Davis, Michael B. Hamar, Joseph D. Taylor, II and Ferdinand V. Tolentino. Council Members Voting for Sharon Davis: Robert K Dean, John D. Moss, Nancy K Parker and Mayor Meyera E. Oberndorf Council Members Voting for Michael B. Hamar: Robert K Dean, John D. Moss and Nancy K Parker Council Members Voting for Joseph D. Taylor, II: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting for Ferdinand V. Tolentino: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and VIce Mayor Wzlliam D. Sessoms, Jr. City Council APPOINTED: SCHOOL BOARD Joseph D. Taylor II Ferdinand V. Tolentino At-Large 2-112 Year Terms 01/01/94 -6/30/96 December 7, 1993 - 33 - Item lV-J.10. APPOINTMENTS ITEM # 37472 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM VIRGINIA BEACH FOUNDATION, INC. December 7, 1993 - 34- Item W-K1. UNFINISHED BUSINESS ITEM # 37473 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED:. Ordinance establishing a Legiskltive Committee for the purpose of making recommendations to City Council re City /s Legiskltive Paclwge; and, APPROPRIATE $1,800 /1m,. the Gelle1al Fund Reselve fOl Conti"gei.âes for the purchase of City Fklgs with staffs and bases to be displayed in the Richmond Office of each of the Members of the City's local delegation to the General Assembly. .These flags shall remain in the Richmond Office of each of the members of the City's local delegation. The funds for the flags shall be from the Economic Development Fund. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. 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 Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None December 7, 1993 - 35 - Item W-L.1. NEW BUSINESS ITEM # 37474 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION: Upon motion by Councilman Branch, seconded by Councilman Brazier, City Council ADOPTED, AS AMENDED: Resolution requesting the General Assembly enact enabling legislation re repair or removal of defacements of buildings and structures. *The perpetrator of the crime shall be responsible for the expense and clean up of the damage. Voting: 9-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Robert W. Clyburn and VIce Mayor Wzlliam D. Sessoms, Jr. December 7, 1993 - 36 - Item W-L.2. NEW BUSINESS ITEM # 37475 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 A motion was made by Councilman Lanteigne, seconded by Councilman Branch to ADOPT: Resolution directing the Public Library Board review and reevaluate the Library's current policy re permitting the unrestricted accessibility of adult-oriented materials to minors. Voting: 3-6 (MOTION LOST TO A NEGATWE VOTE) Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr. and Paul J. Lanteigne, Council Members Voting Nay: John A. Baum, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: Robert W. Clyburn and nce Mayor William D. Sessoms, Jr. December 7, 1993 - 37- Item W-L.3. NEW BUSINESS ITEM # 37476 ADD-ON Council Lady Parker referenced the Newsletter from the Virginia Municipal League concerning the Benefit Packllges for State Constitutional Officers. Council Lady Parker referenced concerns relative impacts on the City:S- Budget. The City Manager advised the City Staff is presently reviewing same to quantify the financial impacts. Information will be provided. December 7, 1993 - 38- Item W-L.4. NEW BUSINESS ITEM # 37477 ADD-ON Council Lady Parker referenced the issue of Ught Rail and the activity between Vzrignia Beach and Norfolk. Council Lady Parker requested discu.'ìsion by James C. Echols, Executive Director - Tidewater Transportation District Commission. Councilman Moss also requested a Briefing be scheduled and the explanation for the expense. December 7, 1993 - 39- Item W-L.5. NEW BUSINESS ITEM # 37478 ADD-ON Council Lady referenced the proposed Ordinance to Amend and Reordain Section 230-47 of the Code of the City of VIrginia Beach re offensive noise, which he had distributed to City Council. Council Lady Parker requested City Council review this proposed ordinance and express their concerns. Council Lady Parker suggested a committee might be established of citizens and business representatives to review the Ordinance. Councilman Branch suggested the Resort Area Advisory Commission be utilized. December 7, 1993 -40- Item W-L.6. NEW BUSINESS ITEM # 37479 ADD-ON Councilman Branch referenced the Memorandum relative the Beach Events program. An RFP will be going out in January. The five-year contract ends June 30, 1994. Councilman Branch advised this is in the middle of the Season for an events program. This program was established on a fiscal year basis for accounting; however, an event season does not follow a fiscal year. This should be corrected to a calendar year. Councilman Branch requested a Resolution be SCHEDULED for the City Council Session of December 14, 1993, relative this concern. December 7, 1993 - 41 - Item W-L.7. NEW BUSINESS ITEM # 37480 ADD-ON Councilman Branch referenced an article from Louis Cullipher, Director of Agriculture. Councilman Branch suggested letters be forwarded the City's General Assembly Representatives. In this City 600,000 acres of corn were farmed in 1980. In 1992, only 320,000 acres were farmed. To retain agriculture as a viable industry, our State must be more proactive in programs, policies and attitudes. To preserve agriculture in this area, the City must have the "tools" at the State leve/. December 7, 1993 - 42 - Item W-L.8 NEW BUSINESS ITEM # 37481 ADD-ON Councilman Lanteigne referenced the article in the VIRGINIA BEACH SUN of December 3, 1993, re the vote of City Council concerning the Resolution opposing Hampton Roads Planning District Commission's proposal re increasing the State's gasoline tax. The article is inaccurate. The City Clerk has conÚlcted the SUN and a correction will be made. December 7, 1993 - 43 - Item W-L.9 NEW BUSINESS ITEM # 37482 ADD-ON Councilman Lanteigne distributed a DRAFT Ordinance relative Sandbridge. Ordinance authorizing the City Manager convey to the Commonwealth of VIrginia all right, title and interest of the City of VIrginia Beach to property in the Sandbridge area subject to agreement by the Commonwealth to become the exclusive local sponsor re cost-shared federal beach nourishment or hu"icane protection project for the Sandbridge area. Councilman Lanteigne requested City Council express their concerns. December 7, 1993 - 44- Item IV-L.l0 NEW BUSINESS ITEM # 37483 ADD-ON Councilman Moss distributed correspondence to the City Manager relative excessive kIte charges from Cox Cable. December 7, 1993 - 45- Item IV-L.ll NEW BUSINESS ITEM # 37484 ADD-ON Councilman Moss referenced his meeting with Fagan Stackhouse, Director of Human Resources, re the Review of the City's Compensation Program. Councilman Moss requested before City Council receive an initial DRAFT, City Council be given a Tutorial Briefing relative the field of Compensation. Councilman Moss also requested a Workshop on this issue. December 7, 1993 - 46- Item W-L.12 NEW BUSINESS ITEM # 37485 ADD-ON Mayor Obemdorf referenced correspondence form Johnnie S. Miller, President of the Board of Directors of the VU'ginia Beautification Commission. Mrs. Miller advised the Commission has endorsed the existing fence ordinance and request it be retained in its present form and opposes any change which could weaken said ordinance. December 7, 1993 - 47- Item IV-L.13 NEW BUSINESS ITEM # 37486 ADD-ON Councilman Dean referenced a suggestion from a citizen the City have a background check on Members of the Boards and Commissions. December 7, 1993 - 48- Item IV-M. ADJOURNMENT ITEM # 37487 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED at 5:00 P.M. a~_Æ_¿ç~__- Beverly O. Hooks, CMC Chief Deputy City Clerk ~~~,~---- RJi(h Hodges Smith, CMC/AAE City Clerk -------------------------- Meyera E. Oberndorf Mayor City of Vlrginia Beach Vlrginia December 7, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 6 7 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY DIAMOND SPRINGS/GARDENWOOD PARK CIVIC LEAGUE, INC. AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 8 WHEREAS, property located in the City of Virginia Beach 9 and owned by Diamond springs/Gardenwood Park civic League, Inc. is currently subject to ad valorem taxation; WHEREAS, Diamond Springs/Gardenwood Park civic League, Inc. has requested the Council of the city of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, of the § 6 (a) (6) Constitution Virginia designate personal of to the real and property of Diamond Springs/Gardenwood Park civic League, Inc. as being exempt from state and local real and personal property taxation; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the city of Virginia Beach is of the opinion that Diamond Springs/Gardenwood Park civic League, Inc. should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Diamond Springs/Gardenwood Park civic League, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Diamond springs/Gardenwood Park civic benevolent Inc. League, as a corporation within the context of § 6(a) (6) of Article X of the Constitution of virginia and that real and personal property owned by Diamond springs/Gardenwood Park civic League, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. Adopted by the Council of the city of Virginia Beach, virginia, on the 7 day of December , 1993. CA-5363 ORDIN\NONCODE\DIAMOND.RES R-1 PREPARED: 11/10/93 . :':.~';:' :~;:J,:.bg./\~_-:'.?, ;¡ l"';,.',O",-ì -"'1",'; ';:..~.""-lI;'...{ J. '-"""';k\ ~~~ 2 RESOLUTION PROVIDING FOR THE SALE OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 1993, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $48,075,000, AND AUTHORIZING EXECUTION OF A BOND PURCHASE AGREEMENT AND AN ESCROW DEPOSIT AGREEMENT WHEREAS, the City of Virginia Beach, Virginia (the "citylt), has adopted on the date hereof a Second Supplemental Resolution (the "Second Supplemental Resolution"), supplementing a resolution adopted February 11, 1992, providing for the issuance from time to time of water and sewer system revenue bonds (collectively, the ItBond Resolutionlt), and providing for the issuance of Water and Sewer System Revenue and Refunding Bonds, Series 1993, in the maximum amount of $48,075,000 (the "Bonds"), the proceeds of which are to be used to defease and redeem all or a portion of the' outstanding principal amount of the City's $13,000,000 Water and Sewer Revenue Bond, Series 1989 (the 1t1989 Bondlt), and its $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992 (the "1992 Bonds") (collectively, the ItRefunded Bonds"); and WHEREAS, PaineWebber, Incorporated, Craigie Incorporated, Lehman Brothers, Merr i 11 Lynch & Co., Smi th Barney, Shearson Incorporated and NationsBanc Capital Markets, Inc., which have heretofore been selected as underwriters for the Bonds (the ItUnderwriterslt), have offered to enter into a bond purchase agreement (the ItBond Purchase Agreement..) setting forth certain details of the Bonds, the purchase price of the Bonds and the terms pursuant to which they will be sold to the Underwriters, and the City proposes to accept the offer of the Underwriters; and WHEREAS, there have been presented to this meeting a draft Escrow Deposit Agreement (the "Escrow Deposit Agreement..) between the City and Crestar Bank, Richmond, Virginia, as escrow agent (the "Escrow Agentlt), providing for the defeasance and redemption of the Refunded Bonds; WHEREAS, the State Council on Local Debt approved the issuance of the Bonds to refund the Refunded bonds on September 15, 1993; SECOND SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, II AS PREVIOUSLY SUPPLEMENTED, PROVIDING FOR THE ISSUANCE AND SALE OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 1993, FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING OF CERTAIN BONDS OF THE CITY AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council of the City of Virginia Beach, Virginia, adopted a resolution on February 11, 1992, providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system and for refunding bonds issued for such water and sanitary sewer purposes; and WHEREAS, the Council desires that $1,605,000 of the $17,800,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 19, 1988, $1,615,000 of the $8,940,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 4, 1989, $8,078,700 of the $14,560,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 6, 1990, and $5,276,300 of the $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted on November 12, 1991, be issued pursuant to the foregoing resolution; WHEREAS, the Council desires to refund all or a portion of the City's Water and Sewer Revenue Bond, Series of 1989, and the City's Water and Sewer System Revenue Bonds, Series of 1992; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I SECOND SUPPLEMENTAL RESOLUTION Section 2.101. Second Supplemental Resolution. This Second Supplemental Resolution is adopted pursuant to and in accordance with sections 1101 (g) and 1102 of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series of 1993 Bonds and to the holders thereof, except as otherwise provided herein. Section 2.102. Meaning of Terms; Definitions. Except as otherwise defined herein, terms defined in the Master Resolution are used in this Second Supplemental Resolution with the meanings assigned to them in the Master Resolution. In addition, the following terms shall have the following meanings in this Second supplemental Resolution. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series of 1993 Bonds, or its successors or assigns in such capacity. "Escrow Agent" shall mean Crestar Bank, Richmond, Virginia, as escrow agent for the 1989 Refunded Bond and the 1992 Refunded Bonds. "Escrow Deposit Agreement" shall mean the Agreement between the City and the Escrow Agent. Escrow Deposit "Escrow Fund" shall mean the fund established by the Escrow Deposit Agreement. "Master Resolution" shall mean the resolution adopted by the Council on February 11, 1992, establishing a program for financing improvements and extensions to the System. "1989 Refunded Bond" shall mean the portion of the. City's $13,000,000 Water and Sewer Revenue Bond, Series of 1989, being refunded with a portion of the proceeds of the Series of 1993 Bonds. "1992 Refunded Bonds" shall mean the portion of the City's $19,975,000 Water and Sewer System Revenue Bonds, Series of 1992, being refunded with a portion of the proceeds of the Series of 1993 Bonds. "1993 project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series of 1993 Bonds over (b) the future value of all nonpurpose payments with respect to the Series of 1993 Bonds, in each case calculated under section 2.703 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under section 148 of the Code. "Rebate Amount certificate" shall have the meaning set forth in Section 2.603. "Refunded Bonds" shall mean the 1989 Refunded Bond and the 1992 Refunded Bonds. "Registrar" shall mean Central Fidelity Bank, Richmond, Virginia, paying agent and bond registrar for the Series of 1993 Bonds. "Related Fees" shall mean certain amounts the City is required to pay in connection with the 1989 Refunded Bond under Section 6.1(c), (d) and (e) and Section 6.3 of a Financing Agreement dated - 2 - May 1, 1989, entered into by the City issuance of such Bond. in connection with the "Second Supplemental Resolution" shall mean this Second Supplemental Resolution which supplements the Master Resolution. "Series of 1993 Bonds" shall mean the Water and Sewer System Revenue and Refunding Bonds, Series of 1993, in an amount not to exceed $48,075,000 authorized to be issued by Article III. Section 2.103. Reference to Articles and Sections. Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Second Supplemental Resolution. ARTICLE II PROJECT Section 2.201. Authorization of Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the City. ARTICLE III ISSUANCE AND SALE OF SERIES OF 1993 BONDS section 2.301. Issuance and Sale of Series of 1993 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in the amount of $16,575,000, consisting of $1,605,000 of the $17,800,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 19, 1988, $1,615,000 of the $8,940,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 4, 1989, $8,078,700 of the $14,560,000 water and sewer system revenue bonds authorized by an ordinance adopted on December 6, 1990, $5,276,300 of the $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted on November 12, 1991, shall be issued and sold. The proceeds thereof shall be used to pay the Cost of the Project. The City also hereby provides for the issuance of water and sewer system revenue refunding bonds in an amount not to exceed $31,500,000 to refund the 1989 Refunded Bond and the 1992 Refunded Bonds. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 2.302. Details of Series of 1993 Bonds. (a) The Series of 1993 Bonds shall be designated "Water and Sewer System Revenue and Refunding Bonds, Series of 1993," shall be numbered R-1 upward, shall be dated, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such - 3 - dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Principal of the Series of 1993 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Regis- trar. Interest on the Series of 1993 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (c) Except as otherwise provided herein, the Series of 1993 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolu- tion. Section 2.303. Book Entry System. Initially, one Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series of 1993 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series of 1993 Bonds will not receive physical delivery of the Series of 1993 Bonds. So long as DTC is acting as securities depository for the Series of 1993 Bonds, a book entry system shall be employed, evidencing ownership of the Series of 1993 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures estab- lished by DTC and its participants. Interest on the Series of 1993 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series of 1993 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the united States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series of 1993 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 1993 Bonds is not in the best interest of the City or the beneficial owners of the Series of 1993 Bonds, the Registrar and the City shall discontinue the book entry system - 4 - with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series of 1993 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series of 1993 Bonds (a) it shall be the registered owner of the Series of 1993 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Second Supplemental Resolution to holders of the Series of 1993 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series of 1993 Bonds. section 2.304. Registrar. The selection of Central Fidelity Bank, Richmond, Virginia, as paying agent and bond registrar for the Series of 1993 Bonds is approved. section 2.305. Form of Bonds. The Series of 1993 Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. section 2.306. security for Series of 1993 Bonds. The Series of 1993 Bonds shall be issued pursuant to the Master Resolution and this Second Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. Section 2.307. Application of Proceeds. The proceeds of the Series of 1993 Bonds shall be applied as follows: (a) An amount representing accrued interest on the Series of 1993 Bonds from their dated date to their date of delivery shall be paid to the Fiscal Agent and deposited in the Interest Account in the Revenue Bond Fund. (b) The amount of Series of 1993 Bond proceeds set forth in the Escrow Deposit Agreement shall be paid to the Escrow Agent and deposited in the Escrow Fund to be invested, together with available amounts transferred to the Escrow Fund - 5 - from (i) the Interest Account and Principal Account in the Revenue Bond Fund with respect to the Refunded Bonds and (ii) available moneys from the debt service accounts established for the 1989 Refunded Bond. Such amounts shall be used, together with interest earnings thereon, by the Escrow Agent for the sole purpose of paying principal, premium and interest on the Refunded Bonds and the Related Fees. (c) The amount of 1993 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the Debt Service Reserve Requirement after the issuance of the 1993 Bonds shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (d) The balance of the proceeds shall be paid to the Fiscal Agent and deposited in a General Account in the Construction Fund to be used to pay the Cost of the Project and to pay expenses incident to refunding the Refunded Bonds and issuing the Series of 1993 Bonds. ARTICLE IV REDEMPTION OF SERIES OF 1993 BONDS section 2.401. optional Redemption Provisions. The Series of 1993 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time at redemption prices equal to the principal amount of the Series of 1993 Bonds, together with any accrued interest to the redemption date, plus redemption premiums not to exceed 3% of the principal amount of the Bonds, as such redemption premiums may be determined by the City Manager. section 2.402. Mandatory Redemption. The Series of 1993 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. section 2.403. Manner of Redemption. If less than all the Series of 1993 Bonds are called for redemption, the maturities of the Series of 1993 Bonds to be redeemed shall be selected in such manner as the City Manager or the Director of Finance may determine to be in the best interest of the City. If less than all of the Series of 1993 Bonds of any maturity are called for redemption, the Series of 1993 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and proce- dures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. In either case, (a) the portion of any Series of 1993 Bond to be redeemed shall be in the principal amount of $5, 000 or some integral multiple thereof and (b) in - 6 - selecting Series of 1993 Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. ARTICLE V AMENDMENTS TO MASTER RESOLUTION Section 2.501. Effective Date of Amendments. Notwithstanding anything herein to the contrary, the amendments provided in this Article shall be effective upon the consent of the holders of a majority in aggregate principal amount of Bonds then outstanding. The original purchasers of the Series of 1993 Bonds by their purchase thereof shall be deemed to have consented to the amend- ments provided in this Article. Section 2.502. Amendment to section 101. (a) The definition of "Operating Expenses" is amended to read as follows: "Operating Expenses" shall mean all current expenses directly or indirectly attributable to the ownership or operation of the System, including, without intending to limit or restrict any proper definition of such expenses under any applicable laws or generally accepted account- ing principles, reasonable and necessary usual expenses of administration, operation, maintenance and repair, costs for bi lling and collecting the rates, fees and other charges for the use of or the services furnished by the System, insurance and surety bond premiums, legal, engineering, auditing and financial advisory expenses, expenses and compensation of the Registrar and the Fiscal Agent, Operating Components of Cost of Contracted Services, and deposits into a self insurance program as described in Section 808. Operating Expenses shall not include any allowance for depreciation, Debt Service Components or Remaining Components of Cost of Contracted Services, deposits or transfers to the Revenue Bond Fund, the Parity Double Barrel Bond Fund, the Parity Debt Service Component Fund, the Debt Service Reserve Fund, the Subordinate Debt Fund, the Renewal and Replacement Account, or the Capital Improvement Account, or expendi- tures for capital improvements to and extensions of the System. Notwithstanding the foregoing, Operating Expenses shall include all payments of Demand Charges, Supplemental Demand Charges, Commodity Charges, Fixed Capacity Charges and Termination Payments, if any, to be paid from Revenues, and all charges under the Water Sales Contract. (b) The definition of "Series Debt Service Reserve Require- ment" is deleted from the Master Resolution. All references to - 7 - series Debt Service Reserve Requirement shall be deemed to be references to the Debt Service Reserve Requirement. (c) The Series Debt Service Reserve Accounts established by Section 6.03(e} of the Master Resolution shall be abolished. All references to Series Debt Service Reserve Accounts shall be deemed to be references to the Debt Service Reserve Fund. (d) The following definitions are added to Section 101 of the Master Resolution: IICommodity Charge II shall mean the commodity charge described in Section 6.2.4 of the Water Services Con- tract. IIDebt Service Reserve Requirementll shall mean from time to time the amount equal to Maximum Annual Debt Service. In lieu of all or any portion of the required amounts to be on deposit in the Debt Service Reserve Fund, the City may cause to be deposited to the credit of such Debt Service Reserve Fund a surety bond or an insurance policy payable to the City for the benefit of the holders of all or a portion of the Bonds or a letter of credit entitling the City on any interest payment date to draw on it in an amount equal to all or any portion of the difference between the Debt Service Reserve Require- ment and the sum then to the credit of the Debt Service Reserve Fund. The City may, from time to time, substi- tute cash, surety bonds, insurance policies or letters of credit for any of such forms of security so long as such substituted security complies with the requirements of this definition and the terms and conditions set forth in a Supplemental Resolution. In addition to any such terms, requirements and conditions, such forms of security shall be obtained from providers whose obliga- tions are rated in the two highest rating categories by the Rating Agencies. On the scheduled date of final payment of a series of Bonds, the City may cause to be transferred to the Revenue Bond Fund the moneys on depos it in the Debt Service Reserve Fund which constitute excess moneys immediately after such final payment. Such transferred moneys shall be used to pay the principal and interest due on such Series of Bonds on their final payment date. II Demand Chargell shall mean the demand charge described in Section 6.2.2 of the Water Services Con- tract. - 8 - "Fixed Capacity Charge" shall mean the annual fixed capacity charge described in Section 6.2.1 of the Water Services Contract. "Hedge Agreement" shall mean an interest rate swap, cap, collar, floor, forward, or other hedging agreement, arrangement or security however denominated, expressly identified pursuant to its terms as being entered into in connection with and in order to hedge interest rate fluctuations on all or a portion of any interest payments on any Variable Rate Indebtedness where a fixed rate is specified as payable by the City in such Hedge Agreement or such Variable Rate Indebtedness, taken together with the Hedge Agreement, results in a net fixed rate payable by the City for such period of time (the "Hedge Fixed Rate"), or such indebtedness bearing interest at a fixed rate where a variable rate is specified in such Hedge Agreement (the "Hedge Variable Rate") assuming the City and the party or parties with whom the City has entered into the Hedge Agreement make all payments required to be made by the terms of the Hedge Agreement. "Hedge Fixed Rate" shall mean the rate as defined in the definition "Hedge Agreement." "Hedge Variable Rate" shall mean the rate as defined in the definition "Hedge Agreement." "Supplemental Demand Charge" shall mean the supple- mental demand charge described in Section 6.2.3 of the Water Services Contract. "Termination Payments" shall mean the termination payments, if any, as defined in Section 1.15 of the Water Services Contract. "Water Sales Contract" shall mean the Water Sales Contract, dated July 14, 1993, between the City of Virginia Beach, Virginia, and the City of Norfolk, Virginia. "Water Services Contract" shall mean the Water Services Contract, dated July 14, 1993, between the City of Virginia Beach, Virginia, and the City of Norfolk, Virginia. section 2.503. Amendment to Section 603(e). Section 603(e) of the Master Resolution is hereby amended to read as follows: (e) The City of Virginia Beach Water and Sewer System Debt Service Reserve Fund, to be held by the Fiscal Agent; and - 9 - section 2.504. Amendment to Section 608. hereby amended to read as follows: Section 608 is The Fiscal Agent shall use moneys in the Debt Service Reserve Fund to make transfers to the Revenue Bond Fund to the extent necessary to pay when due the principal of (whether at maturity or by mandatory sinking fund redemption) and interest on the Bonds if the amounts on deposit therein are insufficient therefor. In the event the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Requirement, the Fiscal Agent shall transfer funds to the Debt Service Reserve Fund to restore the Debt Service Reserve Requirement from available moneys in the Revenue Bond Fund pursuant to Section 605. In the event the amount on deposit in the Debt Service Reserve Fund is less than the Debt Service Reserve Requirement after such transfer from the Revenue Bond Fund, the City shall transfer to the Fiscal Agent from available moneys in the Revenue Account pursuant to Section 604, then from the Residual Account pursuant to Section 612 and then from the Renewal and Replacement Account pursuant to section 610 such amount as may be necessary to restore the Debt Service Reserve Fund to the amount of the Debt Service Reserve Requirement, or such lesser amount as may be available. The City shall make up any deficiency in the Debt Service Reserve Fund resulting from a transfer of funds to the Revenue Bond Fund by transferring to the Fiscal Agent for deposit in such Fund on the 25th day of the month following such transfer and each month thereaf- ter an amount not less than one-sixth of such amount until such Fund is restored to the Debt Service Reserve Requirement. In the event the amount on deposit in the Debt Service Reserve Fund exceeds the Debt Service Reserve Requirement, the Fiscal Agent shall (a) prior to delivery of the certificate provided for in Section 504, transfer such excess to the City for deposit in the General Account in the Construction Fund, and (b) thereafter transfer such excess to the Revenue Bond Fund to be deposited, as directed by an Authorized Representative of the City, in the Interest Account or the Principal Account to the extent amounts in such accounts are less than the amounts required to be paid on the next interest payment date and principal payment date, respectively, and otherwise transfer any remaining excess to the Revenue Fund. section 2.505. Establishment of Section 708. The Master Resolution is hereby amended to add the following Section 708: - 10 - section 708. Hedge Agreements. The City may enter into Hedge Agreements relating to a portion of interest payments on any Bonds. A Hedge Agreement may provide for any of the following: (a) Payments, if any, made to the provider of a Hedge Agreement may be on parity with or subordinate to the debt service payments on the Bonds. A single Hedge Agreement may provide that certain payments made pursuant to such Hedge Agreement are on parity with the debt service payments on the Bonds and certain payments are subordinate to such debt service payments. Payments, if any, received by the City pursuant to the Hedge Agreement mayor may not be included in the calculation of Revenues of the System. All such matters relating to such Hedge Agreements set forth in this subsection (a) shall be determined by the City at the time of execution of the Hedge Agreement. (b) If a Hedge Agreement, the term of which equals the final maturity of a Series of Bonds, is in effect, then Maximum Annual Debt Service for such Series of Bonds will be computed based on the Hedge Fixed Rate or Hedge Variable Rate, as applicable. (c) If a Hedge Agreement, the term of which is less than the final maturity of a Series of Bonds, is in effect, then Maximum Annual Debt Service for such Series of Bonds may be computed based on (i) the Hedge Rate, (ii) the debt service on the Series of Bonds or (iii) either the Hedge Rate or the debt service on the Series of Bonds as may be determined from time to time. All such matters relating to such determinations set forth in this subsection (c) shall be made by the City. (d) The City shall notify the Rating Agencies of any proposed Hedge Agreement at least 30 days prior to its execution. The City shall not execute a Hedge Agreement with a counterparty whose long-term debt is rated less than' A I or have payments under a Hedge Agreement guaranteed by an entity whose long-term debt is rated less than IA.' For purposes of this subsection (d), such rating shall be given by the Rating Agencies rating the Bonds. ARTICLE VI FEDERAL TAX PROVISIONS section 2.601. Limitations on Use of Proceeds. The City covenants with the holders of the Series of 1993 Bonds as follows: - 11 - (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series of 1993 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series of 1993 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series of 1993 Bonds to be part of an "issue" of obI igations that are arbitrage bonds, wi thin the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause interest on the Series of 1993 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series of 1993 Bonds. (b) Barring unforeseen circumstances, the City shall not approve the use of the proceeds from the sale of any Series of 1993 Bonds otherwise than in accordance with the City's "non-arbitrage" certificate delivered immediately prior to the issuance of such Bonds. (c) The City shall not permit the proceeds of the Series of 1993 Bonds to be used in any manner that would result in either (1) 5% or more of such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b) (4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141 (c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series of 1993 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series of 1993 Bonds from gross income for federal income taxation purposes. section 2.602. Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the united States of America, as and when due, in accor- dance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment of the Series of 1993 Bonds. - 12 - Section 2.603. Calculation and Payment of Rebate Amount. (a) The City selects June 30 as the end of the bond year with respect to the Series of 1993 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year (June 30, 1998), unless such date is changed by the City prior to the date that any amount with respect to the Series of 1993 Bonds is paid or required to be paid to the United States of America as required by section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes, (2) a bona fide arbitrage rebate calculation reporting service, or (3) Bond Counsel. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series of 1993 Bonds, the City shall pay to the united States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series of 1993 Bonds, the City shall pay to the united States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series of 1993 Bonds exceeds the aggregate of all payments theretofore made pursuant to this section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series of 1993 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. - 13 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1 2 3 4 5 6 AN ORDINANCE TO ADOPT THE FY 1993-94/FY 1998-99 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $110,853,544 FOR THE FY 1993-94 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 7 Al TERNA TIVE 2A AMENDED WITH SANDBRIDGE 8 Improvement Program for fiscal years 1993-94 through 1998-99, WHEREAS, the City Manager, on September 14, 1993, presented to City Council the Capital 9 WHEREAS, City Council held public hearings on the program to provide for public comment, projects in the Capital Improvement Program, WHEREAS, based on public comment, City Council has determined the need for certain 1993-94 fiscal year as set forth in said Capital Improvement Program. WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the VIRGINIA: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Section 1: That the program, as modified, for the construction of, or addition to capital are approved as capital projects. facilities identified for fiscal years 1993-94 through 1998-99 is hereby adopted and that projects listed herein Section 2: That the projects shall be financed from funds to be appropriated periodically by altered, or rescheduled in any manner at any time by City Council. City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, Section 3: That funds in the amounts aggregating $110,853,544 for capital projects appropriated, subject to the conditions set forth, as follows: underway or beginning in the 1 993-94 fiscal year as set forth in said Capital Improvement Program are hereby CAPITAL PROJECT SCHOOL PROJECTS: 1-006 Various Schools Site Acquisition 1-010 Ocean Lakes High School 1-053 Larkspur Middle School 1-057 Various Schools Additions/Conversions 1-058 Renovations and Replacements 1-059 Pay-As-You-Go Capital Improvements 1-062 ADA School Modifications TOTAL SCHOOL PROJECTS ROADWAY PROJECTS: 2-019 Indian lakes Boulevard - Phase I 2-021 Rural Road Improvements 2-051 Citywide Parking Improvements (Partial) 2-084 Military Highway 2-086 South Plaza Trail 2-137 Great Neck Road - Phase IV and London Bridge Road - Phase III 2-139 Kempsville Road - Phase III 2-149 Birdneck Road - Phase II 2-157 Lynnhaven Parkway - Phase IX 2-209 Courthouse Loop North - Phase II 2-211 Secondary Street Improvements APPROPRIATION $ 1,308,750 3,330,000 1,700,000 21,444,984 3,750,000 1,000,000 250.000 $ 32.783.734 $ 65,128 300,000 51,500 615,988 95,221 202,233 158,888 154,963 158,888 51,667 350,533 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 48 ROADWA Y PROJECTS: (concluded) 49 50 51 52 53 2-218 Harbor Point Road Extended 2-816 Traffic Safety Improvements 2-837 Various Cost Participation Projects 2-930 Salem Road 2-987 Independence Boulevard - Phase IV-A TOTAL ROADWAY PROJECTS COASTAL PROJECTS: 2-014 Lynnhaven Inlet Maintenance Dredging 2-077 Citywide Sand Replenishment Project 2-221 Rudee Inlet Seabee Demonstration 2-830 Rudee Inlet Dredging TOTAL COASTAL PROJECTS ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: 2-049 Resort Streetscape Improvements 2-058 Rudee Walk (Partial) 2-066 Oceanfront Connector Parks 2-141 Economic Development Investment Program 2-198 Burton Station (Partial) 2-199 Conference/Convention Facility 2-215 Resort Area Parking Improvements 2-253 Virginia Beach Higher Education Center 2-704 Beach Erosion Control and Hurricane Protection 3-002 Marine Science Museum Expansion TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS BUILDING PROJECTS: 3-005 Underground Storage Tanks - City 3-010 Beach Borough Service Center 3-016 Dredge Operations Relocation 3-018 Fire/Rescue Station - Creeds 3-020 ADA Building Modifications 3-021 Family Court Modifications 3-023 Social Services Building Renovation 3-024 Virginia Beach Juvenile Detention Center 3-031 Infection Control Decontamination Facility 3-033 Fire Station Roof Replacements 3-034 Fire Station Concrete Repairs 3-035 Farmers' Market Relocation/Agricultural Village (Partial) 3-976 Fire Training Center Enhancements 3-984 Juvenile Detention Facility (Chesapeake) 3-992 Pendleton Child Service Center Relocation TOTAL BUILDING PROJECTS PARKS AND RECREATION PROJECTS: 4-935 Princess Anne Park Expansion - Phased Improvements (Partial) 4-950 Neighborhood Park Improvement - Backlog Reduction 4-951 Neighborhood/Community Park Acquisition Development - High Point 4-953 Municipal Golf Course Improvements (On-Going) 4-954 Tennis Court Renovations (On-Going) 4-955 Athletic Fields Upgrading and Lighting 4-959 Golf Course Infrastructure and Equipment (On-Going) TOTAL PARKS AND RECREATION PROJECTS TOTAL GENERAL IMPROVEMENT PROJECTS STORM WATER UTILITY PROJECTS: 2-020 Various Drainage Improvements 2-115 Rosemont Road - Windsor Woods Drainage 2-170 North Beach Drainage - Interim Improvements $ 809,620 814,772 27,777 10,098 951.038 $ 4.818.314 $ 15,000 1,030,000 10,000 298.000 $ 1.353.000 $ 1,770,151 1,000,000 2,200,000 1,496,000 1,241,115 250,000 1,706,000 221 ,000 50,000 40.091.000 $ 50.025.266 $ 1,782,362 1,063,059 400,000 1,000,000 250,000 210,000 1,754,500 251,000 140,000 380,116 237,600 50,000 320,000 419,213 974.900 $ 9.232.750 $ 640,903 187,577 106,000 181 ,000 75,000 150,000 $ 200,000 $ 1.540.480 $ 99.753.544 $ 160,000 391,000 184,000 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 STORM WATER UTILITY PROJECTS: (concluded) 2-179 Pine Ridge Drainage 2-183 Storm Water Quality Enhancements 2-190 Laurel Manor Drainage (Interim) 2-902 North Beach Storm Drainage - Phase III TOTAL STORM WATER PROJECTS WATER UTILITY PROJECTS: 5-002 Sandbridge Road - Phase II 5-053 Witchduck Point - 51 % Type 5-056 Thoroughgood - 51 % Type 5-066 17th Street Tank Modifications 5-067 Courthouse and Sandbridge Tank Modifications 5- 103 Old Princess Anne Road - 51 % Type 5-108 Stumpy Lake - 51 % Type 5-1 19 Flow Monitoring System 5- 123 Birdneck Road - Route 44 Intersection 5-124 Tank Upgrade Program 5- 125 Utility Billing Systems Upgrade - Phase I 5-126 Water Quality Program 5-127 Landstown Yard Improvements - Phase II 5-973 First Colonial Road - Phase III TOTAL WATER UTILITY PROJECTS SEWER UTILITY PROJECTS: 6-001 Old Princess Anne Road 6-005 First Colonial Road - Phase III 6-007 Indian River Road/Hillcrest 6-008 Dozier's Bridge 6-022 Indian River Road/Elbow Road 6-023 Indian River Road South 6-024 Salem Road "A" 6-026 Witchduck Point 6-029 Princess Anne/Courthouse/Holland Road 6-053 Birdneck Road - Route 44 Intersection 6-054 Utility Billing System Upgrade - Phase I 6-055 Landstown Yard Improvements - Phase II 6-058 Churchill Downs 6-059 Seaboard Road Golf Course 6-931 Sandbridge 6-939 Comprehensive Sewer Study 6-947 Homestead 6-949 Reon Drive 6-999 Brock's Bridge TOTAL SEWER UTILITY PROJECTS TOTAL UTILITY PROJECTS TOTAL APPROPRIATIONS To be funded from the following sources: General Appropriations General Fund Balance 1993 Charter Bonds Water and Sewer Fund Federal Contribution Certificates of Participation Lease-Purchase State Contribution Water and Sewer Revenue Bonds Other Private Contribution Storm Water Utility Fund TOTAL $ 640,000 135,000 50,000 140.000 1.700.000 $ $ 620,000 5,000 5,000 1 2,000 500,000 65,000 100,000 250,000 100,000 500,000 182,000 500,000 100,000 110.000 $ 3,049.000 $ 100,000 26,000 88,000 480,000 125,000 55,000 271,000 124,000 378,000 100,000 180,110 100,000 80,000 270,000 1,950,000 50,000 1,353,890 500,000 120.000 $ 6.351.000 $ 11,100.000 $ 110.853.544 $ 11,530,713 8,608,612 40,200,000 2,000,000 669,500 29,819,734 1,375,000 903,950 7.400,000 1,646,035 5,000,000 1.700.000 $ 110.853.544 in the FY 1993-94 Operating Budget adopted by the City Council on May 11, 1993. Amounts appropriated above amend any 1993-94 fiscal year allocations previously authorized accordance with said Capital Improvement Program and reallocated as follows: Section 4. That capital project funds appropriated in prior fiscal years are to be adjusted in 169 SCHOOL PROJECTS: 170 TRANSFER TO: 171 1-059 Various Schools Additions/Conversions $ 600.000 172 TOTAL TRANSFERS TO $ 600.000 173 TRANSFER FROM: 174 1-011 Strawbridge Elementary School $ 100,000 175 1-050 Kemps Landing Renovations 100,000 176 1-980 Corporate Landing Elementary School 400.000 177 TOTAL TRANSFERS FROM $ 600.000 178 ROADWAYS PROJECTS: 179 TRANSFER TO: 180 2-019 Indian Lakes Boulevard-Phase I $ 1,206,690 181 2-089 Southeastern Expressway Acquisition 1,663,616 182 2-096 Ferrell Parkway - Phase V (Partial) 25,920 183 2-121 Roadway Impact Reduction 3,744 184 2-122 Gum Swamp Bridge 930,733 185 2-132 London Bridge Road - Extended 386,867 186 2 -133 Shore Drive Intersections 10,000 187 2-164 Jeanne Street 10,000 188 2-212 Laskin Road and Holly Intersection 17,113 189 2-213 Queen City Street Improvements 407,104 190 2-218 Harbor Point Road - Extended 509,275 191 2-219 Independence Boulevard-Phase IV-C 127,381 192 2-220 Equestrian Racetrack Access Improvements 343,381 193 2-820 Princess Anne Road - Phase III 120,000 194 2-987 Independence Boulevard - Phase IVA 1.435.363 195 TOTAL TRANSFERS TO $ 7.197.187 196 TRANSFER FROM: 197 2-006 Baxter Road Widening $ 40,678 198 2-021 Rural Road Improvements 374,942 199 2-040 West Neck Bridge 70,653 200 2-041 South Plaza Trail Bridge 16,505 201 2-042 Mill Dam Bridge 19,263 202 2-061 Lynnhaven Parkway - Phase VII 49,761 203 2-065 Indian River Road - Phase IV 50,043 204 2-070 Northampton Boulevard - Phase II 261,702 205 2-075 Rosemont Road - Phase IV 2,000,000 206 2-080 Indian River Road - Phase V 1,155,321 207 2-092 Northampton Boulevard - Phase IIA 113,763 208 2-135 Lynnhaven Drive 155,121 209 2-150 Ferrell Parkway-Phase VI and VII 19,212 210 2-167 Lynnhaven Parkway - Phase XI 50,503 211 2-176 Princess Anne/Sandbridge Road Intersection 594,639 212 2-211 Secondary Street Improvements 201,772 213 2-305 Ferrell Parkway-Phase II 127,381 214 2-600 Virginia Beach Boulevard - Phase II 14,071 215 2-810 Centerville Turnpike - Phase IA 962,856 216 2-820 Princess Anne Road - Phase III 154,397 217 2-925 Northampton Boulevard - Phase I 16,413 218 2-929 Virginia Beach Boulevard - Phase III 280,699 219 2-930 Salem Road 5,000 220 2-945 Newsome Farms Streets 14,858 221 2-962 Pungo Ferry Road Bridge 288,243 222 2-980 Seatack Streets - Phase IIA 22,476 223 2-984 Seatack Streets - Phase liB 136.915 224 TOTAL TRANSFERS FROM $ 7.197.187 225 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: 226 TRANSFER TO: 227 2-215 Resort Area Parking Improvements $ 350,000 228 2-245 West Neck Creek Golf Course 1,500,000 229 2-049 Resort Streetscape Improvements 2.418.090 230 TOTAL TRANSFERS TO $ 4.268.090 231 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS: (concluded) 232 TRANSFER FROM: 233 2-094 Dome Area Development $ 2.418.090 234 2-066 Oceanfront Connector Parks 1,500,000 235 2-214 25th Street Park 350,000 236 TOTAL TRANSFERS FROM $ 4,268,090 237 STORM WATER PROJECTS: 238 TRANSFER TO: 239 2-115 Rosemont Road - Windsor Woods $ 474,962 240 2-181 Pocahontas Village Drainage System Improvements 50,000 241 2-186 Windsor Woods Drainage 70,000 242 2-190 Laurel Manor Drainage (Interim) 180,000 243 2-819 Ocean Park Storm Drainage 1.488,862 244 2-823 Salem Canal Improvements 63,204 245 TOTAL TRANSFER TO: $ 2,327,028 246 TRANSFER FROM: 247 2-020 Various Drainage Improvements $ 180,000 248 2-113 NPDES Storm Water System Permit 500,000 249 2-800 Lynnhaven Colony Drainage 306,000 250 2-821 Diamond Lake Estate Storm Drainage 291 ,998 251 2-902 North Beach Storm Drainage 473.030 252 2-960 Oceana Gardens West Drainage 576,000 253 TOTAL TRANSFERS FROM $ 2,327,028 254 BUILDING PROJECTS: 255 TRANSFER TO: 256 3-007 Pesticide/Paint Storage Facility $ 40,000 257 3-010 Beach Borough Service Center 1,092,828 258 3-017 Pavilion Roof Repairs 50,000 259 3-029 Municipal Center Court Entry System 110,000 260 3-944 Fire State - Little Neck 27,000 261 3-945 London Bridge Fire Station Number 3 14 262 3-989 Refuse Collection and Garage Facility 150,000 263 TOTAL TRANSFERS TO $ 1 .469,842 264 TRANSFER FROM: 265 3-826 Energy Conservation Program $ 33,080 266 3-910 Kempsville Public Safety/Library 43,801 267 3-967 Correction Center Addition 35,691 268 3-968 General Booth Fire Station 1,301.923 269 3-986 Municipal Center Renovation/Programming 55,347 270 TOTAL TRANSFERS FROM $ 1.469,842 271 PARKS AND RECREATION PROJECTS: 272 TRANSFER TO: 273 4-960 Outdoor Plan Initiative Reserve $ 1,398,000 274 TOTAL TRANSFERS TO: $ 1.398.000 275 TRANSFER FROM: 276 4-948 Scenic Waterways Improvements $ 398.000 277 4-952 Future Community Park Acquisition 1,000,000 278 TOTAL TRANSFERS FROM $ 1,398,000 279 WATER AND SEWER UTILITY PROJECTS: 280 TRANSFER TO: 281 5-053 Witchduck Point - 51 % $ 50,000 282 5-066 17th Street Tank Modifications 18,000 283 5-068 Comprehensive Water Study - Phase II 100,000 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 WATER AND SEWER UTILITY PROJECTS: (concluded) 5-069 Small line Improvements - Phase II 5-071 Water Request and Agreement Projects - Phase II 5-097 Busky Lane/Poyner Lane - 51 % 5-118 Computerized Mapping Program 6-005 First Colonial Road - Phase III 6-008 Dozier's Bridge 6-01 5 Infiltration, Inflow, and Rehabilitation - Phase II 6-026 Witchduck Point 6-044 Terrace Avenue/14th and Parks 6-046 Computerized Mapping 6-925 Atlantic Avenue 6-937 Aragona Rehabilitation 6-938 Princes Anne Plaza Rehabilitation 6-944 Princess Anne Hills 6-947 Homestead $ 350,000 50,000 10,000 950,000 74,000 210,000 1,350,000 131,000 200,000 950,000 100,000 200,000 700,000 200,000 306.110 $ 5.949,110 TOTAL TRANSFERS TO TRANSFER FROM: 5-001 Virginia Beach Boulevard - Phase III 5-022 Great Neck Point 5-038 North Seaboard Road 5-040 Lynnhaven Acres 5-041 Bells Road - Birdneck Road 5-044 Independence Boulevard - Phase IIA-2 5-045 Independence Boulevard - Phase III 5-048 Lynnwood/Michaelwood - 51 % 5-049 Woodland - 51 % 5-051 Robbins Corner - 51 % 5-070 Various Highway Projects - Phase II 5-079 Rosemont Road - Phase IV 5-121 Princess Anne Road - Phase V 5- 711 Centerville Turnpike 5-921 London Bridge Road - Phase II 5-953 Great Neck Road - Phase II 5-967 Cavalier/Linkhorn Park 5-980 Shore Drive Pump Station Modifications 5-990 Virginia Beach Boulevard - Phase II 5-996 Dam Neck Road - Phase I 6-010 Red Tide Drive 6-012 South Plaza Trail 6-016 Pump Station Modifications - Phase II 6-018 Various Sewer Projects - Phase II 6-043 Bonney Road Pump Station and Force Main 6-825 Virginia Beach Boulevard 6-930 Lynnhaven Acres 6-934 Bay Colony 6-939 Comprehensive Sewer Study 6-940 East Sparrow Road 6-942 Great Neck Point 6-945 Larkspur 6-954 Virginia Beach Boulevard - Phase II 6-962 Timberlake Force Main 6-963 Dam Neck Road - Phase I 6-970 Virginia Beach Boulevard - Phase III 6-993 Old Dam Neck/Upton $ 50,000 261 ,866 18,153 43,091 500,000 70,000 50,000 29,000 29,000 59,149 100,000 100,000 100,000 100,000 50,000 40,000 50,000 11 ,000 30,000 30,000 50,000 48,000 450,000 200,000 130,000 30,000 160,000 700,000 700,000 200,000 420,000 300,000 50,000 450,000 60,000 75,000 204.851 $ 5.949,110 TOTAL TRANSFERS FROM Section 5. That additional appropriations and the addition of capital projects shall not be initiated except with the consent and approval of the City Council first being obtained. Section 6. That the restriction with respect to the expenditure of funds appropriated shall apply only to the totals of each project class. All contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 7. That the Capital Improvement Program debt management policies contained and included in the C.I.P. Policies and Process Section of the Capital Improvement Program document shall be the 348 349 350 351 352 353 354 355 356 357 358 359 policy guidelines of the city and that the City Manager shall annually report on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such information to be included in the Capital Improvement Program submittal. The City Manager may propose modifications to those policies and guidelines through the Capital Improvement Program. Section 8. That this ordinance shall be in effect from and after the date of its adoption. Section 9. That if any part or parts, section or sections, sentences, clauses, phrases of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ day of December, 1993. First Reading: November 23. 1993 December 7.1993 Second Reading: Approved as to Content / ~~ Department of 7 Management and Budget APPROVED AS TO LEGAL SU FF!CI ENCY ~ r. /1Je}(p~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 AN ORDINANCE TO ADOPT THE COMPREHENSIVE HOUSING AND NEIGHBORHOOD STRATEGY AND TO AUTHORIZE THE CITY MANAGER TO SUBMIT A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY BASED ON SUCH STRATEGY TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 4 5 6 WHEREAS, the Council of the City of Virginia Beach has reviewed the Comprehensive Housing and Neighborhood Strategy and wishes to endorse its goals and objectives, and WHEREAS, the Comprehensive Housing and Neighborhood Strategy contains goals and objectives that are in furtherance of the overall goals of the City of Virginia Beach, NOW, THEREFORE BE IT ORDAINED, that the Comprehensive Housing and Neighborhood Strategy is adopted as the official policy of the City, and BE IT FURTHER ORDAINED that the City Manager is authorized to submit a Comprehensive Housing Affordability Strategy (CHAS) to the U.S. Department of Housing and Urban Development, providing that the CHAS is based on the goals and objectives of the Comprehensive Housing and Neighborhood Strategy. Adopted by the Council of the City of Virginia Beach on the 7 December, 1993. day of Approved as to Conten~s: /}! Vi! ,/f} ¡ r'/ An rew M. Friedmtan, Director Housing and Neighborhood Preservation 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE $19,000 FROM TWO COMMONWEALTH OF VIRGINIA DEPARTMENT OF MOTOR VEHICLE GRANTS TO ENHANCE THE HABITUAL TRAFFIC OFFENDER PROGRAM AND SELECTED TRAFFIC ENFORCEMENT AREAS 1 WHEREAS, the Police Department applied for and received two "mini-grants" from 2 the Commonwealth of Virginia Department of Motor Vehicles to enhance the City's Habitual 3 Traffic Offender Program which tracks and serves court orders on those offenders whose 4 privilege to drive has been revoked by the Circuit Court and to enhance selected traffic 5 enforcement areas, specifically the Shore Drive area, which have been the sites of numerous 6 serious traffic accidents; 7 WHEREAS, funds from these two grants are provided to the City on a 8 reimbursement basis; 9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that two grants from the Commonwealth of Virginia Department of Motor Vehicles in the amount of $19,000 be accepted and appropriated for the purpose of enhancing both the Habitual Traffic Offender Program and the selected enforcement areas. BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth in the FY 1993-94 Operating Budget be increased by $19,000. Adopted by the City Council of the City of Virginia Beach on Seventh day of December ,1993. r=-"'" .~_. .,.",,",,°""1 ~ A~P~"', 'i~'tf,,',""',,' (",f"','" T"',) ~ U """\.,;>.';;'I,}C,:;"";",, ¡¡ Al[<>N.~/ /' ¡ a ~ ~ 'ì ' ~-.._~-,,---_.~- ~ ,I 11 ~='.'¡:""""'~...=""",;J Approved as to Content ~.-/ Wal ter c. Kraem , Jr. Deputy Director, Management and Budget 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE $16,200 FROM FUND BALANCE IN THE FRANCIS LAND HOUSE TRUST FUND FOR OPERATING EXPENSES AND THE PURCHASE OF EQUIPMENT AND FURNITURE FOR THE FRANCIS LAND HOUSE 1 WHEREAS, the Friends of the Francis Land House desire to 2 appropriate $16,200 of available funds in the Francis Land House 3 Trust Fund for operating and program expenses and the purchase of 4 period furniture for the Francis Land House, and reimbursement to 5 the Board of Governors for special equipment to allow disabled 6 visitors better access to the Francis Land House; 7 8 WHEREAS, the current balance in the Francis Land House Trust 9 fund exceeds the requested appropriated amount; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $16,200 be appropriated from the Francis Land House Trust Fund for operating and program expenses and the purchase of access equipment and period furniture for the Francis Land House. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City Virginia of Beach, Virginia, on the Seventh , 1993. of December APPROVED AS TO CONTENT: -X~~ Walter K. Kra Deputy Director Department of Management and Budget FORM NO. C.A. 7 11116/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax Ticket Number Exonera- tion No. Date Paid Penalty Int. Total Boyd Corp 93 RE(1/2) 011787-4 6/5/93 418.78 Boyd Corp 93 RE(2/2) 011787-4 6/5/92 360.52 Kelly T & Verda J Rice 91 RE (1/2) 095300-7 11113/90 131. 58 Kelly T & Verda J Rice 91 RE(2/2) 095300-7 11113/90 131. 58 Kelly T & Verda J Rice 92 RE (1/2) 095839-6 12/4/91 138. 98 Kelly T & Verda J Rice 92 RE(2/2) 095839-6 5112/92 138.98 Pamela E Behrens 90 RE (1/2) 007947-2 11/21/89 41. 52 Pamela E Behrens 90 RE(2/2) 007947-2 6/5/90 41.52 Pamela E Behrens 91 RE (1/2) 007960-3 12/3/90 43.86 Pamela E Behrens 91 RE(2/2) 007960-3 5/21/91 43.86 Pamela E Behrens 92 RE(1/2) 007872-9 12/5/91 46.33 Pamela E Behrens 92 RE(2/2) 007872-9 6/1/92 46.33 Pamela E Behrens 93 RE(1/2) 007949-7 12/5/92 46.33 Albert & Diana Jensen 90 RE(2/2) 055975-6 7/28/93 542.04 Norbert Jr & Candice Wilson 92 RE (1/2) 126167-1 12/5/91 138. 98 Norbert Jr & Candice Wilson 92 RE(2/2) 126167-1 6/5/92 138 . 98 Norbert Jr & Candice Wilson 91 RE(1/2) 125314-6 12/5/90 131 . 58 Norbert Jr & Candice Wilson 91 RE(2/2) 125314-6 6/5/91 131. 58 Philip Jr & Mary J Morgan 90 RE(1/2) 079379-8 12/5/89 124.57 8hilip Jr & Mary J Morgan 90 RE(2/2) 079379-8 6/4/90 124.57 Philip Jr & Mary J Morgan 91 RE (1/2) 080311-6 12/5/90 131. 58 Philip Jr & Mary J Morgan 91 RE(2/2) 080311-6 6/5/91 131. 58 Philip Jr & Mary J Morgan 92 RE(1/2) 080750-3 12/5/91 138. 98 Philip Jr & Mary J Morgan 92 RE(2/2) 080750-3 6/5/92 138 . 98 Patrick L Standing 91 RE (1/2) 109151-6 12/5/90 10.32 Patrick L Standing 91 RE(2/2) 109151-6 6/5/91 10.32 Patrick L Standing 92 RE (1/2) 109842-0 12/5/91 10.90 Patrick L standing 92 RE(2/2) 109842-0 6/5/92 10.90 Interior Trends Inc 92 PP 101869-4 10/7/92 76.68 Gerald J Michaels N/A Pkng 430124 8/23/93 25.00 Tota 1 3,647.71 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3.647. 71 were approved by the Counci I of the City of Virginia Beach on the---1- day of December, .1993 Approved as to form: Ruth Hodges Smith City Clerk FOR'" NO. CA 8 REV. 3IIe AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Base Penalty In1. Total Paid Audit 5,049.35 5,049.35 Aetna Finance Co. T/A ITT Financial Service P.o. Box 9394 Minneapolis, MN 55440 1993 The Artisian Building Group Ltd. 814 H Greenbrier Circle 1992 Chesapeake, VA 23320 Audit 36.24 36.24 Broyle, Andrew 1991-92 T/A Broyles Construction Co. 108 London Bridge SiC Virginia Beach, VA 23454 Audit 333.37 333.37 Certified as to Payment: ¿.;/ ~>f .,/ -. ~obert P. Vaughan . Commissioner of the Revenue Approved as to form: i-~~'d~ Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 5,418.96 were approved by the Councii of the City of Virginia Beach on the ~ day of December ,1993 Ruth Hodges Smith City Clerk FORM NO. C.A 8 REV. 3116 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Building Repair Specialists Inc. 509 Chesopean Trail 1990-92 Virginia Beach, VA 23452 Audit 123.62 123.62 Canaan Enterprises Inc. 1993 T/A Professional Hair Institute 1401 Greenbrier Parkway #500 Chesapeake, VA 23320 Audit 1,349.38 1,349.38 Courthouse TCB Inc. T/A Courthouse Citco 3248 S. Sandpiper Road Virginia Beach, VA 23456 1991-92 Audit 173.00 173.00 Certified as to Payment: 2'¿~, ~~¿ ~, ~ /? " ~ /- l.--1:fobert P. Vaughan Commissioner of ~ Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,646.00 7 of the City of Virginia Beach on the - day of were approved by the Council December .19 93 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME Total License Year Date Paid Base Penalty Int. Estes, Wayne A. T/A Wayne Estes Garage 900 Business Park Drive Chesapeake, VA 23320 Freeman & Smith Inc. 5764 Pontiac Road Virginia Beach, VA 23462 Four Snows Inc. T/A Lawn and Garden 1513 S. Battlefield Blvd. Chesapeake, VA 23322 1991-93 Audit 186.51 1991-92 Audit 44.40 1992 Audit 40.00 Certified as to Payment: 186.51 44.40 40.00 . ,/ . .,"'// /// . - ., ~/;/;r- ,'ó, ¿-- L-f:(Qbert P vaugr..anJ - CommiSSioner of the Revenue Approved as to form: ~~. O\~ L~e L. Lilley L/ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 270.91 of the City of Virginia Beach on the Ruth Hodges Smith City Clerk were approved by the Council 7 December .19 93 day of FORM NO. C.A. 8 REV. 31M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid 1990-92 Audit 6,077.11 6,077.11 Henderson, Dallas T/A G & L Marketing 2424 Alabama Avenue Norfolk, VA 23513 ITT Educational Service Inc. P.O. Box 68888 1992-93 Indianapolis, IN 46268 Audit 5,794.60 5,794.60 J & R Sharpening Co. 4625 Paul Revere Road Virginia Beach, VA 23455 1992-93 Audit 36.15 36.15 Certified as to ?ayment: -"---;,çt' /'/ ~/ . é?s--/!:- ~ ~ . .;;: L---R6bert P Vauar.an . / Commissioner OT the R'"évenue Approved as to form: ..~ - ¿- - '- ØeL.Ø . City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 11,907.86 were approved by the Councii of the City of Virginia Beach on the 7 day of December ,19 93 Ruth Hodges Smith City Clerk --...... -.-------.-......-------- FOAM NO. C.A. . FlEV. :we AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Gail T. Simpson Inc. 4613 Boxford Road Virginia Beach, VA 23456 1992 Audit 26.40 26.40 Gwaltney, Kent L. 1991-92 T/A Bayside Lawn Garden & Pet Supply 177 S. Main Street Suffolk, VA 23434 Audit 381.92 381.92 Hathaway, John S. T/A Hathaway & Wheeler 333 Witchduck Road Virginia Beach, VA 23462 1991-93 Audit 195.57 195.57 Certified as to Payment: 7 /¿ -7 ~-~ ~obe~ ~~::::r-f-~-- Commissioner 6T me Revenue Approved as to form: ~~_.. sile L. Lille~! City Attorney This ordinance shall be effective from date of adoption. The above abatement(s} totaling $ 603.89 were approved by the Council of the City of Virginia Beach on the 7 day of December , 19 .2l- . Ruth Hodges Smith City Clerk -'-'----------..-. FOR'" NO. C.A. 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid 1991-92 Audit 238.62 238.62 J M D Ltd. T/A Supercuts 1312 Debree Avenue Norfolk, VA 23517 J R 0 Inc. 1992-93 Audit T/A Optics Unlimited/Optical Advertisers 605 Jack Rabbit Road Virginia Beach, VA 23451 88.22 88.22 K Z Construction Inc. 2501 Morgan Mill Court Virginia Beach, VA 23454 1992 Audit U5.34 U5.34 /--- .~-? t.-- oberT P Vaugnan Commissioner of fh Revenue Approved as to form: /~,~ têSiie L. Lilley, City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 442.18 were approved by the Councií of the City of Virginia Beach on the 7 day of December , 1 9 ..9.3- Ruth Hodges Smith City Clerk FOAM NO. C."- 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Lawler, Christine Marie 3931 Long Point Blvd. Portsmouth, VA 23703 1990-93 Audit 30.00 30.00 Lawson, Cleo R. 1991 T/A Advanced Carpet Cleaners 2516 Hood Drive Virginia Beach, VA 23454 Audit 108.68 108.68 Lynnhaven Travel Center Inc. 2872 Virginia Beach Blvd. 1992-93 Virginia Beach, VA 23452 Audit 84.00 84.00 Certified as te Payment - .---.---, ~ ~~~ L---f:ìó'bert P. Vauanan ,/, Commissioner-of the Revenue Approved as ta farm: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 222.68 were approved by the Council of the City of Virginia Beach on the 7 day of December . 1 9 ..9..3..- . Ruth Hodges Smith City Clerk FOAM NO. C."- 8 REV 3.'86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Int. Total License Year Date Paid Penalty Base Mister Jims Submarines Inc. P.O. Box 2082 1991-92 Chesapeake, VA 23327 M & M Pets of Virginia Inc. T/A M & M Pets of Virginia-Ames De 1298 W. Little Neck Road 1992 Virginia Beach, VA 23452 Mandaleris, Perry K. 1993 Pembroke 5, Building 5 #412 Virginia Beach, VA 23462 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 259.96 of the City of Virginia Beach on the 7 day of Ruth Hodges Smith City Clerk Audit 32.89 32.89 Audit 32.36 32.36 9/28/93 194.71 194.71 Certified as to Payme::: ;7 /- . /"/7- obert P. Vaugr. CommisSioner oí Approved as to form: .~ ~~-- /</ ~ Lilley . City Attorney were approved by the Council December , , 9 ...9..1...- . FORM NO, C."- 8 REV, 3I8e AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Into Year Paid 1991-92 Audit 57.34 Total Manzione, Robert & Debra T/A Turf Rider 2025 Falling Sun Lane Virginia Beach, VA 23454 57.34 Marpak Corporation T/A WEE Enterprises 1429 Dunstan Lane Virginia Beach, VA 23455 1991 Audit 43.23 43.23 Moore, Thomas L. & Stephanie A. T/A Tidewater Mortgage Reduction 2477 Entrada Drive 1991-92 Virginia Beach, VA 23456 Audit 24.00 24.00 CertlÝled as to Payment: d "./" ""¡,;~ / ~ert P Vaugnan - CommisSioner OT the evenue ApDroved as tD form: ¿~¿~ '-reSile L. Lilley" City Anorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 124.57 were approved by the Council of the City of Virginia Beach on the 7 day of December ,19~. Ruth Hodges Smith City Clerk FOAM NO. C.A. 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Base Penalty Int. Total Paid Audit 10.10 10.10 Nahl, Michael E., LPC 732 Alder Circle Virginia Beach, VA 23462 1992-93 Worrie, Gary & Arthur Cardillo T/A Custom Homes By Ray-Car 1726 Harvest Bend Court 1992 Virginia Beach, VA 23464 Audit 120.00 120.00 Cen:iflea as to ~ayment: -;> ~~/~ ~obert P. Vaug:--,ar. .' CommisSioner of the Revenue Approved as to form This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 130.10 were approved by the Council of the City of Virginia Beach on the 7 day of December , 1 9 .9.3-- Ruth Hodges Smith City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Requested by Councilmember James W. Brazier, Jr. 1 2 3 4 5 6 7 8 9 AN ORDINANCE ESTABLISHING A LEGISLATIVE COMMITTEE FOR THE PURPOSE OF MAKING RECOMMENDATIONS TO CITY COUNCIL REGARDING THE CITY'S LEGISLATIVE PACKAGE, AND APPROPRIATING FUNDS IN THE AMOUNT OF $1,800 TO PURCHASE CITY FLAGS WITH STAFFS AND BASES TO BE DISPLAYED AND TO REMAIN IN THE STATE OFFICE OF EACH OF THE MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY WHEREAS, in the fall of each year, City Council prepares, and submits to the City's local delegation to the Virginia General Assembly, a legislative package comprised of proposed legislation that would be beneficial to, or is considered necessary for, the City in the conduct of its affairs; WHEREAS, there are numerous special interest groups within the City who may be affected by such proposed legislation and who may have additional proposals for legislation that would be in the interests of the City; and WHEREAS, the input and recommendations of these groups would assist greatly Council the in its preparation of the legislative package. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there is hereby established a Legislative Committee for the purpose of providing input and recommendations to City Council regarding legislative the package submitting and a recommended legislative package to the Council to assist the Council in its preparation of a final legislative package; BE IT FURTHER ORDAINED: That the members of the Committee shall be appointed by City Council and shall include all of the members of the City's local delegation to Virginia the General Assembly. A representative from organization intending to submit any legislation for possible inclusion in the legislative package shall be invited to appear before the Committee to present their proposed 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 legislation and to enable the Committee to determine if the City of Virginia Beach would benefit from the proposed legislation; BE IT FURTHER ORDAINED: That City Council hereby expresses its desire to provide a City of Virginia Beach flag with staff and base to be displayed and to remain in the Richmond office of each of the members of the City's local delegation to the Virginia General Assembly, and hereby appropriates $1,800 from Economic Development funds for the purpose of purchasing the flags, staffs and bases; BE IT FURTHER ORDAINED: That the ci ty Clerk is hereby directed to provide a certified copy of this ordinance to each of the members of the City's local delegation to the Virginia General Assembly; and BE IT FURTHER ORDAINED: That this Ordinance shall supersede Resolution No. R-92- 02113 adopted by City Council on September 22, 1992. Adopted by the Council of the City of Virginia Beach, 7 December Virginia, on the day of , 1993. CA-5367 LEGCOM2.0RD R-3 PREPARED: 12/08/93 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Requested by Mayor Meyera Oberndorf and Councilmember Linwood Branch 1 2 3 4 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ENACT ENABLING LEGISLATION PERTAINING TO THE REPAIR OR REMOVAL OF DEFACEMENTS OF BUILDINGS AND STRUCTURES 5 WHEREAS, the City of Virginia Beach has sought to maintain and 6 enhance the appearance of the City as a clean and attractive 7 community through numerous initiatives; and 8 WHEREAS, graffiti and other defacements of property detract from the appearance of the City and convey an image of blight and 9 decay; and WHEREAS, present laws against defacing property are difficult to enforce and have proven to be inadequate in controlling graffiti and other defacements of property; WHEREAS, broader authority under state law is needed to enable the City to require the removal of graffiti and other defacements, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That during its 1994 session, the General Assembly is hereby requested to enact appropriate legislation, in substantially the same form as the proposed legislation attached hereto, conferring upon cities expanded authority to control graffiti and other defacements of property, but ensuring that such legislation does not exclude any right or action to hold a person defacing property responsible for the costs of removal and cleanup. The City Clerk is hereby directed to forward a certified copy of this Resolution and attachment to each of the members of the City's General Assembly delegation. CA-93-5369 Noncode\Graffiti.Res R-2 12/09/93 ADOPTED: December 7, 1993