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APRIL 4, 1988 MINUTES -Vii-"ii-iiiEl L3@c-i@ll "WORLD'S LARGEST RESORT CITY" ('I'FY COUNCIL MAYOR ROBERT G. JONES, A@ L.,g@ VICE MAYOR MEYERA E. OBERNDORF, A, [,,g, A@ERT W BALKO, @@,h JOHN A. BAUM, @.gh ROBERT E FENTRESS, Vi,i@i@ B ... h B-@gh HAROLD HEISCHOBER, A, L,,,, BAP,BARA M IFENLEY, P... @@.,h REBA S. M,CL.ANAN, P, . A@@ @@.gh JOHN D. MOSS, B,-gh N@CY K PARKER, Al [,,g, JOHN L. PERRY, B@,,id, B,@.gh 281 CITY HALL BUILDING MUNICIPAL CENTER AU@Y V WA@S, j@,, .1, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-%02 J, D@ MM@N, C,,, A,@ (804) 427-4303 R@H HO@O WUH, C.,, C@ April 4, 1988 ITIM I. CCMPRERENSIVE ZONING ORDINANCE WORKSHOP - Conference Room - 12:NOON ITEM II. COUNCIL CONFERENCE SESSION - Conference Rc)om - 1:00 PM A. CITY COUNCIL CONCERNS ITEM III. IEFORMAL SESSION - Conference Room - 1:15 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RECESS TO EXBCUTIVE SESSION ITEM IV. FCRMAL SESSION - Comcil Chamber - 2:00 PM A. INVOCATION: Reverend Harold B. Thornton Christ Presbyterian Church B. PLEDGE OF ALLEGIANCE TO THE FTAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEKS FOR THE FORMAL AGENDA E. MINURES 1. INFORMAL & FORMAL SESSIONS - March 28, 1988 CEREMONIAL PRESENTATIONS 1. TIDEWATER BUILDERS ASSOCIATION Arbor Day Seedlings 2. RESOLUTIONS IN RBCOGNITION a. ADVERTISING SELECTION COMITTEE A. Jamps DeBellis Robert E. Fentress Dan Kensil Melvin Koch Pamela Lingle Michael Savvides b. ARTS AND HU,4ANITIES COMMISSION James W. Roebuck Betty C. Wells c. BOARD OF BUILDING CODE APPEALS Charles S. Farley d. COASTAL STUDY COMMITTEE Pam Brockwell Richard Browner Fred Feller Robert E. Fentress H. Jack Jennings, Jr. Helen S. Mc Donald David Oglesby Dr. Robert Ortel Donald R. Ttueblood John B. Walsh Jack H. Whitney Donald Williams e. COMMUNITY CORRE)CTIONS RESOURCE BOARD Jerrauld C. Jones Minor McNamara f. HISTORICAL REVIEW BOARD Barbara J. Ferguson Michael B. Newbill g. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Joshua Edwards, Ph.D. G. CRDINANCES 1. Ordinance upon SBCOND READING granting a Franchise to Virginia Beach Lifesaving Service, Inc. for a term of eight months, commencing on May 1, 1988, and terminating on December 31, 1988, renewable for four (4) consecutive eight-month terms from May 1 through Decernber 31 for each succeeding year, subject bc) the conditions contained in the franchise agreement, to conduct Beach Equipment Rental Cperations, where authorized, along certain portions of the public beach adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Radee Inlet) , Croatan and Camp Pendleton, in consideration for the provision of lifeguard and other services and for such other consideration to which the City and the Grantee have agreed, coriditioned on compliance by the Grantee with all of the terms and conditions of the franchise agreement; and, authorizing the City to appropriate $196,000.00 from the General Fund Balance to fund the net cost of the Franchise to the City. 2. ordinance authorizing acquisition of property in fee simple for right-of-way for Dam Neck Road Phase I and the acquisition of tempc)rary and permanent easements of right-of-way, either by agreement or condemnation (Project CIP 2-0390) 3. ENCROACHKENTS a. NR & Associates, Inc. (Sheraton Beach Inn) Flags and flagpoles on the face of the building at 36th Street and Oceanfront b. Octo, Inc. (Dunes Motor Inn) F'feestanding sign at 921 Atlantic Avenue c. Kaytee Corporation (worrell Brothers) Existing awning at 1910 Atlantic Aven@ 4. Application of Linwood A. @ve, Jr. for a freestanding mobile home on a minimum two-acre parcel in the AG District at 3153 Old Carolina Road H. 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 discussea and voted upon separately. 1. RESOLUTIONS IN RECOGNITION Pam Brockwell Helen S. McDonald R-ichard Browner Minor McNamara A. James DeBellis @chael B. Newbill Joshua Wwards, Ph.D. David Oglesby Charles S. Farley Dr. Robert Ortel Fred Feller James W. Roebuck Robert E. Fentress Michael Savvides Barbara J. Ferguson Donald R. @ueblood H. Jack Jennings, Jr. John B. Walsh Jerrauld C. Jones Betty C. Wells Dan Kensil Jack H. Whitney Melvin Koch Donald Williams Pamela Lingle 2. Resolution providing for the issuance and sale of $40,950,000 General Cbligation Public Improvement Bonds, Series of 1988A, of the City of Virginia Beach, Virginia, heretofore authorized and providing for the form, details, and payrnent thereof . 3. Resolution providing for the issuance and sale of $2,000,000 General Cbligation Public Improvement Bonds, Series of 1988B, "Capital Appreciation Minibonds" of the City of Virginia Beach, Virginia, heretofore authorized. 4. Resolution requesting the Director of Finance to authorize Sovran Bank, N.A. to make payment to Granville Munson for Lost Bonds and Coupons totalling $10,300.00. 5. Resolution requesting technical assistance and financial reimbursement of $800,000.00 from the State Board of Corrections for the construction of the Correction Center Addition CIP Project @3-967. 6. Resolution authorizing City Manager to execute all necessary railroad and utility agreements required in conjunction with location and design of Dam Neck Road Phase II Project UOOO-134-121 (CIP 2-071). 7. Resolution authorizing the release of two Life Pak V Defibrillator Cardioscopes from lbergency Medical Services to OPERATION @ILE. 8 ordiriance to AMEND and REORDAIN Section 12.41 of the Code of the City of Virginia Beach, Virginia, pertainirig to Fire Prevention Code-Adopted by the General Assembly, 1988. 9. Ordinance upon FIRST READING to appropriate $33,255.00 to the Police Department's 1987-88 Operating Budget, representing the Department's share of the value realized frcxn seized property as result of a joint narcotics investigation. 1 0. Ordinance authorizing and directing the City Manager to execute a contract with Northern Telecom, Inc . for the upgrading and maintenance of the City's PBX Telecommunications System. 11. Authorize water and sewer utility extensions to Gordon BLihrer on a 4-acre parcel immediately adjacent to Foxfire subdivision. 12. IDW BID to WDmack Oc)ntractors, Inc. in the amount of $1,074,000 (site develol:xnent); and to All Construction ODrporation in the amount of $194,780.00 (buildings) for 1983-87 Capital Irnprovement Program for Great Neck Park Develojment (CIP 4-913), 13. LOW BID to REA Construction Company in the amount of $728,352.60 for 1987 Charter Bonds @ Water and Sever Operatirig Revenue on @ndon Bridge Road Relocated (CIP 2-055, Bid No. 9967), 51% neighborhood participation. 14. IDW BID to Utility Builders, Inc. in the amount of $249,823.00 Water and Sewer Operating Revenue Capital Project Fund at Lakeside Drive and Poplar Point Road (CIP6-952, 5-023). 1 5. BINGO/RAFFLE PElzl4ITS Green izan Homes Association - Bingo Philippine American Community - Raffle 16. Ordinance authorizing tax refunds in the amount of $20,763.99. I. UNFINISHED BUSINESS J. NEW BUSINESS K. ADJOURNMENT WORKSHOPS COUNCIL CONFERENCE ROOM 4:00-7:00 PM APRIL 14 & 21, 1988 PUBLIC HEARI19G Princess Anne High School 7:00 PM APRIL 28, 1988 RBCONCILIATION WORKSHOP COUWIL CONFERENCE ROOM 4:00-7-.00 PM MAY 2, 1988 FIRST READING: MAY 9, 1988 SE)COND RKKDING: MAY 16, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 4, 1988 The COMPREHENSIVE ZONING ORDINANCE WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 4, 1988, at 12:00 NOON. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - ITEM # 29097 CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on I-Ionday, April 4, 1988, at 1:05 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 3 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 29098 Mayor Robert G. Jones referenced the PROPOSED Certificate of Occupancy Program. Mayor Jones advised of the public's confusion as to the nature and impact of same, Mayor Jones requested a course of action be SCHEDULED. BY CONSENSUS, a City Staff BRIEFING shall be presented to City Council to respond to inquiries relative this Certificate of Occupancy followed by a PUBLIC HEARING at a Formal Session of City Council proceeded by an ADOPTION after appropriate notice. Councilwoman McClanan suggested a one-year Pilot Program to relay some of the fears of citizens. Any employees in this progrom would be "temporary" for the lipilot" year. Vice Mayor Oberndorf advised the City Attorney's Office would need to address concerns relative Constitutionality of the Certificate of Occupancy. Vice Mayor Oberndorf suggested in the PRESENTATION utilizing a theoretical house to explain the method of inspection, the City Staff would be investigating and how they would be making their recommendations, as well as the type of guarantee this affords the new buyer. - 4 - ITF14 # 29099 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 4, 1988, at 1:20 P.M- Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council MQmbers Absent: None - 5 - ITEM # 29100 Mayor Robert G. Jones 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 purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignnent, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLIC FUNDS INVESTMENT: The investing of public funds w-liere competition or bargaining is involved, where if made public initially the financial interest of the governtqental unit would be adversely affected. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council agenda that may be discussed in Executive Session are the following: IV-G.l. and IV-H.8. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 6 - F OR MA L S E S S ION VIRGINIA BEACH CITY COUNCIL April 4, 1988 2:15 P.M- Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 4, 1988, at 2:15 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Harold B. Thornton Christ Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITFD STATES OF AMERICA - 7 - ADOPTION OF ITEMS Item IV-D.l. TTEM # 29101 Councilwoman Henley referenced Item IV-H.11 of the CONSENT AGENDA: Authorize water and sewer utility extensions to Gordon Buhrer on a 4-acre parcel immediately adjacent to Foxfire subdivi-sion. This item will be pulled for discussion. Item IV-D.2. ITE@L # 29102 Councilwoman McClanan referenced a Resolution authorizing the City Manager to execute all necessary railroad and utility agreements required in conjunction with location and design of Dam Neck Road Phase II Project UOOO-134-121 (CIP 2-071). (See Item IV-H.6 of the CONSENT AGENDA.) Councilwoman McClanan referenced a traffic light at the intersection of Bold Ruler and Dam Neck Road. The City Engineer indicated that the State has advised if the City meets the warrant by the time the State gets to it, the light will be installed. The City will purchase Mrs. Lancaster's House, not the entire property. Item !V-G.3 ITEM # 29103 Councilwoman Parker refereiiced an Ordinance to AMEND and REORDAIN Section 12-41 of the Code of the City of Virginia Beach, Virginia, pertaining to Fire Prevention Code-Adopted by the General Assembly, 1988. See Item IV-H.8 of the CONSENT AGENDA.) The City Manager advised this Ordinance is to instill in the City's ordinances the recent changes in the Code that were approved and made effective on the First of this year. This action will enable the City's inspectors to enforce the current state law. Chief Diezel advised this is completely complimentary to the uniform building code and does not relax existing standards. This addresses structures after they are occupied. Item IV-H.4 ITEM # 29104 Councilman Fentress referenced Resolution requesting the Director of Finance to authorize Sovran Bank, N.A. to make payment to Granville Munson for Lost Bonds and Coupons totalling $10,300.00 AND, Ordinance authorizing and directing the City Manager to execute a contract with Northern Telecom, Inc. for the upgrading and maintenance of the City's PBX Telecommunications System. (See Item IV-H. 4 and 10 of the CONSENT AGENDA.) Councilman Fentress inquired whether the Bonds lasted forever in connection with Item 4 of the CONSENT AGENDA. Councilman Fentress requested an explanation of the difference of $123,000 in the BIDS related to Item 10 of the CONSENT AGENDA. With further reference to Item 10, Councilnan Perry inquired the length of time entailed by the Maintenance Agreement. The City Staff will advise. - 8 - ADOPTION OF ITEMS Item IV-H-5- ITEM 7r' 29105 Councilwoman Henley requested an item be added under NEW BUSINESS. Item IV-H.6 ITEM # 29106 Councilman Moss requested an item be added under NEW BUSINESS BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGEIIDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 9 Item IV-E.1 MINUTES ITL'll 29107 Upon motion by Councilman Perry, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of March 28, 1988. Voting: 11-0 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moas, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - Item IV-F.l. CEREMONIAL PRESENTATIONS ITEM #29108 Tuck Bowie represented the TIDEWATER BUILDERS ASSOCIATION. Each year TBA supports ARBOR DAY. For the past six months, TBA served on the Hampton Roads Regional Arbor Day Committee. The results consolidated the celebration of ARBOR DAY areawide on the second Friday of the month, April Eighth. The Senate and House of Representatives ADOPTED a Resolution consolidating ARBOR DAY statewide. TBA has donated 20,000 seedlings to area grade school children to coincide with ARBOR DAY. A Tree Care Manual has been published and will be distributed Friday with each Member of City Council receiving a copy of same. Three types of trees, loblolly pine, green ash and cyprus, were PRESENTED to each Member of City Council. Item IV-F.2. CEREMONIAL PRESENTATIONS ITEM # 29109 Mayor Robert G. Jones PRESENTED RESOLUTIONS IN RECOGNITION: ADVERTISING SELECTION COMMITTEE A. James DeBellis Robert E. Fentress Dan Kensil Melvin Koch Pamela Lingle Michael Savvides ARTS AND HUMANITIES COMMISSION James W. Roebuck Betty C. Wells BOARD OF BUILDING CODE APPFALS Charles S. Farley COASTAL STUDY COMMITTEE Pam Brockwell Richard Browner Fred Feller Robert E. Fentress H. Jack Jennings, Jr. Helen S. McDonald David Oglesby Dr. George P. Oertel Donald R. Trueblood John B. Walsh Jack H. Whitney Donald Williams COMMUNITY CORRECTIONS RESOURCE BOARD Jerrauld C. Jones Minor McNamara HISTORICAL REVIEW BOARD Barbara J. Ferguson Michael B. Newbill VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Joshua Edwards, Ph.D. - 12 - Item IV-G.I. ORDINANCES ITE@M # 29110 Attorney Barry Koch, 2508 Pacific Avenue, Phone: 428-4691, represented the applicant and advised an agreement had been executed. During the Shoulder season, the applicant will attempt to meet the 50% requirements. However, the availability of lifeguards is very difficult the two weeks before Me,-.,iorial Day and at the end of the season. The applicant shall furnish a weekly report. A MOTION was nade by Councilman Heischober, seconded by Councilman Fentress, City Council to ADOPT, AS AMENDED, upon SECOND READING: Ordinance granting a Franchise to Virginia Beach Lifesaving Service, Inc. for a term of eight months, commencing on May 1, 1988, and terminating on December 31, 1988, renewable for four (4) ceneeetit@ eight-month terms from May 1 through December 31 for each succeeding year, subject to the conditions contained in the franchise agreement, to conduct Beach Equipment Rental Operations, where authorized, along certain portions of the public beach adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet), Croatan and Camp Pendleton, in consideration for the provision of lifeguard and other services and for such other consideration to which the City a-,id the Grantee have agreed, conditioned on compliance by the Grantee with all of the terms and conditions of the franchise agreement; and, authorizing the City to appropriate $196,000.00 from the General Fund Balance to fund the net cost ol- the Franchise to the City. Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones and Reba S. McClanan Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: John L. Perry - 13 - Item IV-G.l. ORDINANCES ITEM # 29110 (Continued) UDon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED, AS AMENDED, upon SECOND READING: Ordinance granting a Franchise to Virginia Beach Lifesaving Service, Inc. for a term of eight months, commencing on May 1, 1988, and terminating on December 31, 1988, renewable for four (4) entiseemb@ eight-month terms from May 1 through December 31 for each succeeding year, subject to the conditions contained in the franchise agreement, to conduct Beach Equipment Rental Operations, where authorized, along certain portions of the public beach adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet), Croatan and Camp Pendleton, in consideration for the provision of lifeguard aiid other services and for such other consideration to which the City and the Grantee have agreed, conditioned on compliance by the Grantee with all of the terms and conditions of 'he franchise agreement; and, authorizing the City to appropriate $196,000.00 from the General Fund Balance to fund the net cost of the Franchise to the City. Voting: 6-5 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None 1 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA BEACH 2 LIFESAVING SERVICE, INC. FOR A TERM OF EIGHT MONTHS 3 COMMENCING ON MAY 1, 1988 AND TERMINATING ON DECEMBER 4 31, 1988, RENEWABLE FOR FOUR (4) EIGHT MONTH TERMS FROM 5 MAY 1 THROUGH DECEMBER 31 FOR EACH SUCCEEDING YEAR 6 SUBJECT TO THE CONDITIONS CONTAINED IN THE FRANCHISE 7 AGREEMENT, TO CONDUCT BEACH EQUIPMENT RENTAL 8 OPERATIONS, WHERE AUTHORIZED, ALONG CERTAIN PORTIONS OF 9 THE PUBLIC BEACH ADJACENT TO THE ATLANTIC OCEAN, KNOWN 10 AS FORT STORY, THE RESORT AREA (FROM 40TH STREET TO 11 RUDEE INLET), CROATAN, AND CAMP PENDLETON, IN 12 CONSIDERATION FOR THE PROVISION OF LIFEGUARD AND OTHER 13 SERVICES AND FOR SUCH OTHER CONSIDERATION TO WHICH THE 14 CITY AND THE GRANTEE HAVE AGREED, CONDITIONED ON 15 COMPLIANCE BY THE GRANTEE WITH ALL OF THE TERMS AND 16 CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING 17 THE CITY TO APPROPRIATE $196,000 FROM THE GENERAL FUND 18 FUND BALANCE TO FUND THE NET COST OF THE FRANCHISE TO 19 THE CITY. 20 21 WHEREAS, in February of 1988, the City of Virginia Beach 22 advertised three (3) Requests for Proposals for a franchise(s) to 23 conduct beach equipment rental operations along certain portions 24 of the public beach adjacent to the Atlantic Ocean, known as Fort 25 Story, the Resort Area (from 40th Street to Rudee Inlet), 26 Croatan, and Camp Pendleton, in consideration for the provision 27 of lifeguard and other services and for such other good and 28 valuable consideration to which the City and the grantee may 29 agree; and 30 WHEREAS, on March 2, 1988, the City received one proposal in 31 response to one of the three (3) Requests for Proposals that were 32 advertised; and 33 WHEREAS, the only proposal that was received came from 34 Virginia Beach Lifesaving Service, Inc. (VBLS), and was in 35 response to RFP #9984 which RFP requested proposals for a 36 franchise to conduct beach equipment rental operations, where 37 authorized, along certain portions of the entire public beach 38 referenced herein; and 39 WHEREAS, the proposal from VBLS was opened and reviewed, and 40 the committee organized to review and evaluate the proposal was 41 unanimously concerned about the proposed "bottom line" cost to 42 the City for the provision of lifeguard services; and 43 WHEREAS, in an effort to reach a com,6romise with VBLS that 44 would render the proposal acceptable to the City, a negotiation 45 session was scheduled; and 46 WHEREAS, the negotiation session was held on March 15, 1988; 47 and 48 WHEREAS, on March 21, 1988, VBLS offered to enter into a 49 Franchise Agreement for $196,000 for the first year of 50 operation, representing a substantial reduction from the original 51 cost to the City as contained in the proposal; and 52 WHEREAS, the City made a counteroffer to grant the 53 franchise to VBLS for $196,000 for the first year of operation if 54 VBLS would agree to include the "shoulder season" as defined in 55 the Franchise Agreement, at no additional cost to the City; and 56 WHEREAS, the counteroffer made by the City has been 57 accepted by VBLS; and 58 WHEREAS, the net cost to the City for the first year of 59 operation of the Franchise is $196,000; and 60 WHEREAS, an appropriation from the General Fund Fund Balance 61 in the amount of $196,000 will be required. 62 NOW, THEREFORE, be it ordained by the Council of the City of 63 Virginia Beach, Virginia: 64 That a Franchise is hereby granted to Virginia Beach 65 Lifesaving Service, Inc. for a term of eight months commencing on 66 May 1, 1988 and terminating on December 31, 1988, renewable for 67 four (4) eight month terms from May 1 to December 31 of each 68 subsequent year, if applicable, subject to the conditions 69 contained in the Franchise Agreement, to conduct beach equipment 70 rental operations, where authorized, along certain portions of 71 the public beach adjacent to the Atlantic Ocean, known as Fort 72 Story, the Resort Area (from 40th Street to Rudee Inlet), 73 Croatan, and Camp Pendleton, in consideration for the provision 74 of lifeguard and other services and for such other consideration 75 to which the City and the Grantee have agreed, conditioned on 76 compliance by the Grantee with all of the terms and conditions of 77 the Franchise Agreement, and that the City is hereby authorized 2 78 to appropriate $196,000 from the General Fund Fund Balance to 79 fund the net cost of the Franchise to the City. 80 Adopted this 4th day of APr" 1988, by the Council 81 of the City of Virginia Beach, Virginia. 82 83 84 85 RMB/dga 86 grtbchs.ord 87 03/21/88-03/25/88-03/29/88-03/31/88-04/04/88 88 FIRST READING: March 28, 1988 SECOND READING: April 4, 1988 3 - 14 - Item IV-G.2. ORDINANCFS ITEM # 29111 OPPOSITION: Residents of Lake Placid: Michael A. Hodgkiss, 1713 Moon Valley Drive, Phone: 468-0444, spoke in opposition to the extension of Moon Valley Drive. Michael Hodgkiss believed as there will be two entrances, Lake Placid will be utilized as a thoroughfare for traffic that desires not to meet the intersection of Dam Neck Road and London Bridge Road. Michael Hodgkiss presented a petition containing 88 signatures. (Said petition is hereby made a part of the record.) Keith R. Reynolds, 1709 Moon Valley Drive, Phone: 468-1110, spoke in opposition to the Moon Valley Extension. Jean Hinson, 2416 Enchanted Forest Lane, Phone: 468-3150, Secretary of the Lake Placid Civic League. Jean Hinson advised the extension of Moon Valley would promote use of the neighborhood roads by farm vehicles and tractors to gain access to the Brown property on the other side of Dam Neck Road; prorote vehicular traffic and its accompanying litter from vehicles with no vested interest in the neighborhood; would promote traffic from vehicles trying to circumvent the Dam Neck Road/London Bridge Road Traffic light causing traffic congestion on Lake Placid Streets; and, the issue of an Emergency Vehicle Entrance is already resolved with the entrance into the neighborhood off of Virginia Market Parking Lot adjacent to the Lake Placid Main Entrance. Attorney R. Edward Bourdon, Guy, Cromwell, Etals, Pembroke One, Fifth Floor, Phone 499-8971, represented Mrs. Lillian Brown and family (owners of 100 acres of farmland along London Bridge Road). Attorney Bourdon concurred with residents in opposition to the Moon Valley Drive extension. Attorney Edward Bourdon expressed concerns relative the bisecting of the farm on the otlier side of London Bridge Road. Attorney Bourdon requested a median cut on Dam Neck Road allowing east bound traffic on Dam Neck Road to access this parcel and allowing traffic wishing to leave this property and go in an easterly direction toward the Southeastern Freeway be allowed access in that direction. Becky Golden, Project Engineer, indicated the City Staff had been co- ordinating an access control policy for all major arterials. Along a corridor like Dam Neck Road, the City Staff is recommending, if a large parcel has access to another major street, their main access be out on that street. The Brown parcel south of London Bridge Road has frontage on llarper Road and London Bridge Road and the City is proposing to let them work out their development plans using those arterials for access. The parcel to the north, as there is such a narrow sliver of traffic on London Bridge Road, for that parcel, the City proposes to provide a right-in, right-out. If the City Council believes it best not to extend Moon Valley Drive, the City staff recommends the Brown Parcel be serviced with a separate right-in, right-out entrance. Chief Harry Diezel, Fire Department, advised the City Council of the viable options and understood the Civic League's concern; however, if the Fire and Emergency Vehicles can reach a point two minutes quicker, he has no o@uher choice than to recommend the extension. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED, AS AMENDED*: Ordinance authorizing acquisition of property in fee simple for right-of-way for Dam Neck Road Phase I and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (Project CIP 2-0390). "The City shall proceed with Dam Neck Road Phase I with the elimination of the Moon Valley Extension. The Fire Department shall investigate other options available and present a plan to City Council. 1 5 Item IV-G.2. ORDINANCES ITEM # 29111 (Continued) The Brown Property on the Lake Placid side shall have direct access off Dam Neck Road with a right-in, right-out entrance. There shall be no median break. There will not be an access through the proposed Moon Valley Drive. Moon Valley Drive is a platted right-of-way. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, Johl A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley* Council Members Absent: None *Verbal Nay 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 DAM NECK ROAD PHASE I AND THE ACQUISITION OF 4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT 5 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the council of the City of 8 Virginia Beach, Virginia, a public necessity exists for the 9 construction of this important roadway to provide transportation 10 and for other public purposes for the preservation of the safety, 11 health, peace, good order, comfort, convenience, and for the 12 welfare of the people in the City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 18 89, et seq., Code of Virginia of 1950, as amended, all that 19 certain real property in fee simple, including temporary and 20 permanent easements of right of way as shown on the plans 21 entitled "DAM NECK ROAD PHASE C.I.P. PROJECT 2-039,11 these plans 22 being on file in the office of Real Estate Department of Public 23 Works, Virginia Beach, Virginia. 24 Section 2. That the City Attorney is hereby authorized to 25 make or caused to be made on behalf of the City of Virginia 26 Beach, to the extent that funds are available, a reasonable offer 27 to the owners or persons having an interest in said lands, if 28 refused, the City Attorney is hereby authorized to institute 29 proceedings to condemn said property. 30 That an emergency is hereby declared to exist and this 31 ordinance shall be in force and effect from the date of its 32 adoption. 33 Adopted by the council of the City of Virginia Beach, 3 4 Virginia, on the 4th day of April i 9" 35 36 37 3 8 3 9 40 41 42 4 3 44 45 JAR/ih 46 03/22/88 47 CA-2628 48 \ordin\noncode\damneck.ord CO t@ i t A A," P P, 0 su - 16 - Item IV-G.3.a ENCROACHMENTS ITEM # 29112 Henry Ruiz, Administrator of the Resort Conference Center, referenced the Resort Area Facade Program with the utilization of slides depicting the encroachments in the City Council Agenda. RAAC has six banks to participate in a loan program and formulate a pool of approximately $1-MILLION to provide an additiona,l incentive for iidividuals to participate in this Facade Program. William M. Macali, Assistant City Attorney, reiterated the encroachment process Upon motion by Councilipan Fentress, seconded by Councilman Heischober, City Council DENIED: NR & Associates, Inc. (Sheraton Beach Inn) Flags and flagpoles on the face of the building at 36th Street and Oceanfront Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, @layor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Na'.Icy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; Norle - 17 - Item IV-G-3.b. ENCROACHMENTS ITEM # 29113 Councilman Pentress referenced notification from William Eagan requesting WITHDRAWAL of his Encroachme-,lt. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ALLOWED WITHDRAWAL: Octo, Inc. (Dunes Motor Inn) Freestanding sign at 921 Atlantic Avenue Voting: 10-0 Council llembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None *Councilwoman Parker ABSTAINED as she and her husband do business with the Dunes. - 18 - Item !V-G-3-c- ENCROACHMENTS ITEM # 29114 James Johnson, 1910 Atlantic Avneue, Phone: 422-6382, co-owner of 1,Torrell Brothers Restaurant requested the applicant retain the existiiig awning. He did not believe 1-foot 7 inches was a substantial difference. The aw-ning is only 1-year old. Said awning serves as protection over the doorway and as a sign. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council DENIED: Kaytee Corporation (Worrell Brothers) Existing awning at 1910 Atlantic Avenue Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Ilayor Robert G. Jones, ',ieba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker" and John L. Perry Counci-1 Members Voting Nay: None Council Members Absent: lione - 19 - Item IV-G-4 ORDINANCES ITEM # 29115 Linwood A. Lowe, Jr., 3153 Old Carolina Road, Phone: 421-3773, the applicant, advised the free standing mobile home would be for this parents on his three acre lot. His father works nights and is away from the house as a result his mother is concerned about her safety. Although this is an agricultural area, there are quite a few trailers in the area. OPPOSITION: Tony Brown, 3181 Old Carolina Road, Phone: 421-3622, advised his property borders Lowe's property on two sides. Tony Bro@,n had desired a piece of property requiring one dwelling per three acres. Mr. Brown did not desire any chan.,es which would devalue the property. Robert Wynn, Smith Farm Circle, Phone: 464-0124, me-@nber of the U.S. Army, owner of 5 1/2 acres, requested DENIAL. Upon motion by Councilman Bau,@n, seconded by Councilman Fentress, City Council DENIED: Application of Linwood A. Lowe, Jr. for a freestanding mobile home on a minimum two-acre parcel in the AG District at 3153 Old Carolina Road Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. @loss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Hay: Reba S. McClanan and John L. Perry Council Members Absent: None - 20 - Item IV-H. CONSENT AGENDA ITF-14 # 29116 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED in ONE MOTION Items 1, 2, 39 4p 59 69 71 8, 9, 10, 12, 13, 14 and 16 of the CONSENT AGENDA. Item No. 11 was voted upon separately. Voting: 11-0 Cou-,icil i4embers Voting Aye: Albert W. Balko, John A., Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry louncil Members Voting Nay: None Council Members Absent: None - 21 - Item IV-H.I. CONSENT AGENDA ITF2,1 # 29117 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: RESOLUTIONS IN RECOGNITION Pam Brockwell Helen S. McDonald Richard Browner Minor McNamara A. James DeBellis Michael B. Newbill Joshua Edwards, Ph.D. David Oglesby Charles S. Farley Dr. George F. Oertel Fred Feller James W. Roebuck Robert E. Fentress Michael Sav-vides Barbara J. Ferguson Donald R. Trueblood H. Jack Jennings, Jr. John B. Walsh Jerrauld C. Jones Betty C. Wells Dan Kensil Jack H. Whitney Melvin Koch Donald Williams Pamela Lingle Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION IN RECOGNITION WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and cornmitment; WHEREAS: Life is so unpredictablet No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: PAM BROCKWELL served as a @mber on the Virginia Beach COAS'IAL STUDY CCMMITTEE from May 1986 thru December 1987. Her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: P A K B R 0 C X W E L L Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of Ainerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the. sure knowledge that we ourselves have fulfilled our purpose, met our obligatiorl to our fellow citizens and can be satisfied we have done our best; WHEREAS: RICEIARD BROWNER served as @airman on the Virginia Beach COASTAL STUDY CCMMITTEE from May 1986 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPE)CT to: R I C H A R D B R 0 W N E R Given under my hand and seal, Myor RESOLUTION IN RBCOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: A. JMES DEBELLIS served as a Member on the Virginia Beach ADVERTISING SELECTION COMMITTEE from January 1982 thru December 1987. His dedication, commitrnent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WEIEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFCRE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred F-ighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: A. J A M E S D e B E L L I S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictablel No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: JOSHUA EDWARDS, Ph.D. served as a Member on the VIRGINTA BEACH CC14MUNITY DEVELOPMENT CORPORATION from July 1986 thru June 1987. His dedication, commitrnent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our succ@-ssful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: J 0 S H U A E D W A R D S, Ph.D. Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitinent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WREREAS: CHikRLES S. FARLEY served as a Member on the Virginia Beach BOARD OF BUILDING CODE APPKKLS from January 1981 thru December 1986. His dedication, commit[nent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, W@S: Advisors and volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Oouncil here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPE)CT to: C H A R L E S S. F A R L E Y Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: FRED FELLER served as a Member on the Virginia Beach COASTAL STUDY CCMMITTEE from May 1986 thru December 1987. Hi s dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Eburth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: F R E D P E L L E R Given under my hand and seal, Mayor RESOLUTION IN RECOGNITIO14 WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication @ commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the s ure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied w have done our best; WHEREAS: ROBERT E. FENTRESS served as a Member on the Virginia Beach ADVERTISING SELBCTION CCMMITTEE from July 1984 thru December 1987 and on the COASTAL STUDY CCMMITTEE from May 1986 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and volun@-ers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPE)CT to: R 0 B E R T E. F B N T R E S S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS. Ufe is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: BARBARA J. FERGUSON served as a Member on the Virginia Beach HISTORICAL REVIEW BOARD from October 1985 thru August 1986. Her dedication, commitment and mselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE I'r RESOLVED: @at the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Fight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: B A R B A R A J. F E R G U S 0 N Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREA,S: The history of America is one of a nation of people helping other people -- joining together to build a bettp-r society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the s ure knowledge that vm ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: H. JACK JENNINGS, 3R. served as a Member on the Virginia Beach COASTAL STUDY CCMMITTEE from My 1986 thru December 1987. Hi s dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the r-ity untold dollars, but more importantly, our successful growth depends upon them. Now, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Fighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: H. J A C K J E N N I N G S, J R. Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: JERRAULD C. JONES served as a @mber on the COMMUNITY CORRBCTIONS RESOURCE BOARD from August 1986 thru January 1988. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHFIMS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our succo-ssful growth depends upon them. NOW, THEREFORE, BE I'r RESOLVED; That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: J E R R A U L D C. J 0 N E S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a bett,,-r society -- dedication and commitinent; WHEREAS: Life is so unpredictable! No day comes back! Life iS short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: DAN KENSIL served as a @mber on the Virginia Beach ADVERTISING SELBCTION CC14MITTEE from January 1982 thru December 1987. His dedication, commitrnent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFCRE, BE I!r RESOLVED: niat the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia @ach, expresses deep GRATITUDE and RESPOCT to: D A N K E N S I L Given under my hand and seal, M yor RESOLUTION IN RIDCOGNITION WHEREAS: The history of Ainerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitrnent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: MELVIN KOCH served as a @mber on the Virginia Beach ADVERTISING SELECTION CC14MITTEE from January 1982 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. Now, THEREFORE, BE rr RESOLVED: @at the Virginia Beach city Council here assembled this Fburth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: M E L V I N K 0 C H Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitrnent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is thE,, sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied @ have done our best; WHEREAS: PAMEIA LINGLE served as a member on the Virginia Beach ADVERTISING SELECTION CCt4MITTEE from March 1982 thru December 1987. Her dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth dep@s upon them. NOW, THMUCRE, BE rr RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: P A M E L A L I N G L E Given under my hand and seal, Ma yor RESOLUTION IN RECOGNITION WHEREAS: The history of America ts one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the s ure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: HELEN S. McDONAIJ) served as a Member on the Virginia Beach COASTAL STUDY CCMKITTEE from may 1986 thru December 1987. Her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THMUORE, BE IT RFSOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUL)E and RESPIDCT to: I H E L E N S. M c D 0 N A L D Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: MINOR McNAMARA served as a Member on the COMKUNITY CORRBCTIONS RESOURCE BOARD from August 1986 thru September 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia @ch City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia @-ach, expresses deep GRATITUDE and RESPECT to: M I N 0 R M c N A M A R A Given under my hand and seal, Mayor RESOLUTIOR IN RECOGNIT1019 WHEREikS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: MICHAEL B. NEWBILL served as a @mber on the Virginia Beach HISTORICAL REVIEW BOARD from July 1981 thru September 1987. His dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the city untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPE)CT to: M I C H A E L B. N E W B I L L Given under my hand and seal, Mayor RESOLUTIOII IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitrnent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: DAVID OGLESBY served as a Member on the Virginia Beach COASTAL STUDY CCMMITTEE from Mzy 1986 thru December 1987. His dedication, commitrnent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, W@S: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: D A V I D 0 G L E S B Y Given under my hand and seal, @ yor RESOLUTION IN RECOGNITION WHEREA,S: The histc)ry of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! tlo day comes back! Life is short at bestl That which makes life most worth living is the s ure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: ER. GECRGE F. CERTEL served as a Mmber on the Virginia Beach COAS'IAL @Y CCMMITTEE frorn May 1986 thru December 1987. His dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHERFAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THE=ORE, BE rr RESOLVED: niat the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: D R. G E 0 R G E F. 0 B R T E L Given under my hand and seal, M yor RESOLUTION IN RECOGNITION WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitinent; WHEREAS: T-ife is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ours@lves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: JAMES W. ROEBUCK served as a @mber on the Virginia Beach ARTS & HUKANITIES CCMMISSION from July 1979 thru June 1987. Iii s dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunte-ers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Oouncil here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens ol- Virginia Beach, expresses deep GRATITUDE and E?ESPBCT to: J A M E S W. R 0 E B U C K Given under my hand and seal, @yor RESOLUrION IN RECOGNITION WHEREAS: The history of America is one of a nati,,n of p@pi, helping other people -- joining together to build a better society -- dedication and cornmitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the s ure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: MICHAEL SAVVIDES served as a Wmber on the Virginia Beach ADVERTISING SELBCTION CCMMITTEE from August 1982 thr u December 1987. His dedication, commitrnent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHERF,AS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFCRE, BE IT RESOLVED: Ihat the Virginia Beach City Oc)uncil here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: M I C H A E L S A V V I D E S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitrnent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that w-e oursf@lves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: DONALD R. TRUFBLCOD served as a Mmber on the Virginia Beach COASTAL STUDY CCt4MITTEE from My 1986 thru December 1987. His dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold aoilars, but more importantly, our succossful growth depends upon them. NOW, TH=ORE, BE IT RESOLVED: That the Virginia Beach City Cc>uncil here assembled this Fourth day of April, Ninetp-en Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: D 0 N A L D R. T R U E B L 0 0 D Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitnent; WHEREAS. Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS- JOHN B. WALSH served as a @mber on the Virginia Beach COASTAL STUDY CCKMITTEE frcm @y 1986 thru December 1987. Hi s dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but rnore importantly, our successful growth depends upon them. NOIA, THEREFCRE, BE IT RESOLVED: That the Virginia Beach City Oouncil here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: J 0 H N B. W A L S H Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREA,S: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that w-e ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: BETTY C. WELIS served as a @mber on the Virginia Beach ARTS & HUMANITIES CCMMISSION from July 1985 thru December 1987. Her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon the. NOW, THEREFORE, BE IT RESOLVED. 'Ihat the Virginia Beach city Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPERT to: B E T T Y C. W E L L S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITIOR WHEREAS: The history of America is one of a nation of people helpinq other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHERFAS-. JACK H. WHITNEY served as a Wmber on the Virginia Beach COASML STUDY COMMITTEE from My 1986 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, W@S: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: J A C K H. W H I T N E Y Given under my hand and seal, M yor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other @ople -- joining together to build a better society -- dedication and commitment; WHEREAS; Life is so unpredictablel No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: DONALD WILLIAMS served as a member on the Virginia Beach COASTAL STUDY CCMMITTEE from May 1986 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Voluntpers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOK, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Fourth day of April, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: D 0 N A L D N I L L I A M S Given under my hand and seal, Ma yor - 22 - Item IV-I.2. CONSENT AGENDA ITF14 @ 29118 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Resolution providing for the issuaice and sale of $40,950,000 General Obligation Public Improvement Bonds, Series of 1988A, of the City of Virginia Beach, Virginia, heretofore authorized and providing for the form, details, and payment thereof. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan ' John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 4 /1/8 8 At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 4th day of April, 1988, at which the following members were present and absent: PRESENT: Albert W. Balko John A. Baum Robert E. Pentress Harold Heischober Barbara M. HenleY mayor Robert G. Jones Reba S. mccianan John D. Moss vice mayor oberndorf Nancy K. Parker John L. Perry ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the City Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Albert W. Balko A7E,- John A. Baum AYE Robert E. Fentress AYE Harold Heischober AYE Barbara M. Henley AYE Mayor Robert G. Jones AYE Reba S. McClanan AYE John D. Moss AYE Vice Mayor Oberndorf AYE Nancy K. Parker AYE John L. Perry AYE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $40,950,000 GENERAL OBLIGATION PUBLIC IM- PROVEMENT BONDS, SERIES OF 1988A, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHO- RIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF - 2 - WHEREAS, the issuance of $32,310,000 bonds of the City of Virginia Beach, Virginia (the City), was authorized by an ordi- nance adopted by Council on August 28, 1986, and approved by the qualified voters of the City at an election held on November 4, 1986, to finance continuing development of the City's school sys- tem, $19,500,000 of which bonds have been sold; and WHEREAS, the issuance of $40,000,000 bonds of the City was authorized by an ordinance adopted by the Council on August 28, 1986, and approved by the qualified voters of the City at an election held on November 4, 1986, to finance continuing development of the City's street and highway system, $2,400,000 of which bonds have been sold; and WHEREAS, the issuance of $8,000,000 bonds of the City was authorized by an ordinance adopted by the Council on December 7, 1987, without being submitted to the qualified voters of the City, for the purpose of undertaking a program of road, highway and bridge improvements, none of which bonds have been sold; and WHEREAS, the issuance of $32,850,000 bonds of the City was authorized by an ordinance adopted by the Council on August 17, 1987, and approved by the qualified voters of the City at an election held on November 3, 1987, to finance the acquisi- tion, construction, improvement, renovation and equipping of com- munity recreational facilities, none of which bonds have been sold; and -3 - WHEREAS, the issuance of $24,800,000 bonds of the City was authorized by an ordinance adopted by the Council on September 21, 1987, without being submitted to the qualified vot- ers of the City, for the purposes and in the amounts shown below, none of which bonds have been issued and sold: Proiect Amount School projects, including site acquisi- tion and improvements, planning, design, construction, renovation, expansion, equipping and furnishing of schools and related facilities $ 9,015,000 Engineering and highway projects, includ- ing site acquisition and improvements, design, planning, construction, improvement, replacement, expansion and extension of streets, highways and bridges 12,618,283 Drainage projects, including dredging Eastern Branch of Lynnhaven River 91,685 Building projects, including site acquisi- tion and improvements, design, planning, construction, improvement, renovation, ex- pansion, equipping and furnishing of the Kempsville Public Safety and Library Services facilities, Fire Station #1- North End and the Correction Center 2,675,324 Parks and recreation projects, including design, planning, construction, improvement, expansion, equipping and furnishing of the Princess Anne Park recreation facilities 399,708 $24,800,000; and WHEREAS, it has been recommended to the Council by repre- sentatives of Government Finance Associates, Inc. and Government Finance Research Center (the Financial Advisors) that the City issue and sell, as a single issue of public improvement bonds, 4 - $1,400,000 of the bonds for schools, $14,750,000 of the bonds for streets and highways, $1,000,000 of the bonds for road, highway and bridge improvements $5,000,000 of the bonds for community centers, and $18,800,000 of the bonds for various public improve- ments; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There are hereby authorized to be issued and sold as a single issue of $40,950,000 public improvement bonds $1,400,000 of the bonds authorized for schools, $14,750,000 of the bonds au- thorized for streets and highways, $1,000,000 of the bonds autho- rized for road, highway and bridge improvements, $5,000,000 of the bonds authorized for community centers, and $18,800,000 of the bonds authorized for various public improvements. 2. The bonds shall be designated "General Obligation Public Improvement Bonds, Series of 1988A" (the Bonds), shall be dated April 15, 1988, shall be in fully registered form, in de- nominations of $5,000 and multiples thereof, and shall be num- bered R-1 upward. The Bonds shall mature in installments on May 1 in years and amounts as follows: Year Amount Year Amount 1989 $1,090,000 1999 $2,100,000 1990 2,100,000 2000 2,100,000 1991 2,100,000 2001 2,095,000 1992 2,100,000 2002 2,095,000 1993 2,100,000 2003 2,095,000 1994 2,100,000 2004 2,095,000 1995 2,100,000 2005 2,095,000 1996 2,100,000 2006 2,095,000 1997 2,100,000 2007 2,095,000 1998 2,100,000 2008 2,095,000 Each bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on May 1 and Novem- ber 1, beginning on November 1, 1988, (a) from April 15, 1988, if it is authenticated prior to November 1, 1988, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case such bond shall bear inter- est from the date to which interest has been paid). Principal and premium, if any, shall be payable to the registered owners upon surrender of Bonds as they become due at the principal cor- porate trust office of Citibank, N.A., New York, New York (the Registrar). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar. Principal, redemption premium, if any, and interest shall be payable in lawful money of the United States of America. 3. Bonds maturing on or before May 1, 1998, are not sub- ject to redemption prior to maturity. Bonds maturing on or after May 1, 1999, are subject to redemption prior to maturity at the -6- option of the CitY on or after May 1, 1998, in whole at any time or in part on any interest payment date, upon payment of the fol- lowing redemption prices (expressed as a percentage of principal amount of Bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption - Both Dates Inclusive Price May 1, 1998, to April 30, 1999 102 % May 1, 1999, to April 30, 2000 101 1/2 May 1, 2000, to April 30, 2001 101 may 1, 2001, to April 30, 2002 100 1/2% May 1, 2002 and thereafter 100 If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Registrar shall select the Bonds to be redeemed within such maturity by lot. In either case, each portion of $5,000 principal amount shall be counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by registered or cer- tified mail, not less than 30 nor more than 60 days prior to the redemption date, to the registered owners thereof. If a portion of a bond is called for redemption, a new bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. -7 - 4. The Bonds shall be signed by the facsimile signature of the Mayor, shall be countersigned by the facsimile signature of the Clerk, and a facsimile of the City's seal shall be printed thereon. No bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 5. The Bonds shall be in substantially the following form: REGISTERED REGISTERED No. R-- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond, Series of 1988A INTEREST RATE MATURITY DATE DATED DATE CUSIP May 1, April 15, 1988 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the City), for value received, hereby promises to pay, upon surrender hereof at the principal corporate trust office of Citibank, N.A., New York, New York (the Registrar), to the registered owner hereof, or -8- registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon semiannually on each May 1 and November 1, beginning November 1, 1988, at the annual rate stated above. Interest is payable (a) from April 15, 1988, if this bond is authenticated prior to November 1, 1988, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the person shown as owner hereof at his address as it appears on the registration books kept by the Registrar on the 15th day of the month preceding each interest payment date. Principal, premium, if any, and interest are payable in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things required by the Constitu- tion and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other in- debtedness of the City, is within every debt and other limit -9- prescribed by the Constitution and statutes of the Commonwealth of Virginia. This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by the facsimile signature of its Clerk, a facsimile of il@s seal to be printed hereon and this bond to be dated April 15, 1988. COUNTERSIGNED: (SEAL) Clerk Mayor Date Authenticated: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within- mentioned resolution. CITIBANK, N.A., Registrar By Authorized Signature -10- (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $40,950,000 General Obli- gation Public Improvement Bonds, Series of 1988A, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act. Of such amount, $1,400,000 for schools and $14,750,000 for streets and highways were authorized by ordinances adopted by the Council on August 28, 1986, and approved at an election held on November 4, 1986, $5,000,000 for community centers was authorized by an ordi- nance adopted by the Council on August 17, 1987, and approved at an election held on November 3, 1987, $1,000,000 for roads, high- ways and bridges was authorized by an ordinance adopted by the Council on December 7, 1987, without being submitted to the vot- ers, and $18,800,000 for various public improvements was autho- rized by an ordinance adopted by the Council on September 21, 1987, without being submitted to the voters. Bonds maturing on or before May 1, 1998, are not subject to redemption prior to maturity. Bonds maturing on or after May 1, 1999, are subject to redemption prior to maturity at the option of the City on or after May 1, 1998, in whole at any time or in part on any interest payment date, upon payment of the fol- lowing redemption prices (expressed as a percentage of principal -11- amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption Both Dates Inclusive Price May 1, 1998, to April 30, 1999 102 % May 1, 1999, to April 30, 2000 101 1/2 May 1, 2000, to April 30, 2001 101 May 1, 2001, to April 30, 2002 100 1/2% May 1, 2002 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the bonds of a particular maturity are called for redemption, the Registrar shall select the bonds to be redeemed within such maturity by lot. In either case, each portion of $5,000 principal amount shall be counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by registered or cer- tified mail, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of each bond to be re- deemed at his address as it appears on the registration books kept by the Registrar. If a portion of this bond is called for redemption, a new bond in principal amount equal to the unre- deemed portion hereof will be issued to the registered owner upon the surrender hereof. -1 2- The full faith and credit of the City are hereby irrevo- cably pledged for the payment of principal of and interest on this bond. The bonds are issuable as fully registered bonds in denom- inations of $5,000 and multiples thereof. Upon surrender of this bond at the principal corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in ex- change, a new bond or bonds havinq an equal aggregate principal amount, in authorized denominations, of the same form and maturi- ty, bearing interest at the same rate, and registered in names as requested by the then registered owner hereof or his duly autho- rized attorney or legal representative, all subject to the limi- tations and conditions provided in the resolution authorizing the issuance of the bonds. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person re- questing such exchange the amount of any tax or other governmen- tal charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the per- son exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date. - 1 3- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), as- sign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRKNSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing I Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by a member firm of the New York Stock NOTICE: The signature above Exchange or a commercial bank must correspond with the name or trust company. of the registered owner as it appears on the front of this bond in every particular, without alteration or enlarge- ment or any change whatsoever. 6. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and interest on the Bonds. Unless other funds are lawfully available and ap- propriated for timely payment of the Bonds, the Council shall levy and collect an annual ad valorem tax over and above all -14- other taxes authorized or limited by law on all locally taxable property in the City sufficient to pay the principal of and in- terest on the Bonds, as the same become due and payable. 7. The Registrar shall maintain registration books for the registration of Bonds. Upon surrender of any Bonds at the principal corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in autho- rized denominations, of the same form and maturity, bearing in- terest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person re- questing such exchange the amount of any tax or other governmen- tal charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the per- son exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date. -1 5- 8. The City Manager, in collaboration with the Financial Advisors, is hereby authorized and directed to have prepared and distributed to prospective bidders on the Bonds a Notice of Sale in form similar to notices used for prior City Bond issues. 9. A printer's proof of a Preliminary Official Statement describing the Bonds and an issue of $2,000,000 General obliga- tion Public Improvement Bonds, Series of 1988B (Capital Apprecia- tion minibonds), copies of which have been provided to members of the Council, is hereby approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not in- consistent with this resolution as the City Manager, in collabo- ration with the Financial Advisors, may consider appropriate. The City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement and consistent with this reso- lution as are necessary or desirable to complete it as a final Offical Statement. The City shall arrange for the delivery to the successful bidder on the Bonds of a reasonable number of copies of the Official Statement for delivery to each person to whom such bidder and members of his bidding group initially sell the Bonds. 10. After bids have been received and the Bonds have been awarded, the Mayor, the City Manager and the Clerk are hereby au- thorized and directed to take all proper steps to have the Bonds -16- prepared and executed in accordance with their terms and to de- liver the Bonds to the purchasers thereof upon payment therefor. 11. The City hereby covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the Code), or oth- erwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. 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 any part of the earnings de- rived from the investment of the gross proceeds of the Bonds. 12. Such officers of the City as may be requested are hereby authorized and directed to execute an appropriate certifi- cate setting forth the expected use and investment of the pro- ceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code. Such certificate shall be in such form as may be requested by bond counsel for the City. 13. The City hereby covenants that it shall not permit the gross proceeds of the Bonds to be used in any manner that would result in either (a) 10% or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a - 1 7 - governmental unit as provided in Section 141(b) of the Code, or (b) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any per- son other than a governmental unit as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such re- striction is not required to prevent the interest on the Bonds from being includable in the gross income of the registered own- ers thereof under existing statutes, the City need not comply with such restriction. 14. All other actions of officers of the City in confor- mity with the purposes and intent of this resolution and in fur- therance of the issuance and sale of the Bonds are hereby ap- proved and confirmed. The officers of the City are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issu- ance, sale and delivery of the Bonds. 15. The Clerk, in collaboration with the City Attorney, is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within ten days thereafter to cause to be published once in a newspaper having general circula- tion in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds and the amount for each purpose. -18 - 16. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 17. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 4th day of April, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 4th day of April 1988. Clerk, City of Virginia Beach, Virginia (SEAL) - 23 - Item IV-H.3. CONSENT AGENDA ITET-I # 29119 Upon ,notion by Councilman Heischober, seconded by Council-man Perry, City Council ADOPTED: Resolution providing for the issuance and sale of $2,000,000 General Obligation Public Improvement Bonds, Series of 1988B, "Capital Appreciation Minibonds" of the City of Virginia Beach, Virginia, heretofore authorized. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Bauin, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 4/1/8 8 At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 4th day of April, 1988, at which the following members were present and absent: PRESENT: Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley mayor Robert G. Jones Reba S. Mccianan John D. Moss Vice Mayor Oberndorf Nancy K. Parker John L. Perry ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the City Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Albert W. Balko AYE John A. Baum AYE Robert E. Fentress AYE Harold Heischobor AYE Barbara M. Henley AYE Mayor Robert G. Jones AYE Reba S. McClanan AYE John D. Moss AYE Vice Mayor Oberndorf AYE Nancy K. Parker AYE John L. Perry AYE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 GENERAL OBLIGATION PUBLIC IM- PROVEMENT BONDS, SERIES OF 1988B (CAPITAL AP- PRECIATION MINIBONDS), OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED. - 2 - WHEREAS, the issuance of $24,800,000 bonds of the City of Virginia Beach, Virginia (the City), was authorized by an ordi- nance adopted by the Council on September 21, 1987, without being submitted to the qualified voters of the City, for the purposes and in the amounts shown below: Project Amount School projects, including site acquisi- tion and improvements, planning, design, construction, renovation, expansion, equipping and furnishing of schools and related facilities $ 9,015,000 Engineering and highway projects, includ- ing site acquisition and improvements, design, planning, construction, improvement, replacement, expansion and extenstion of streets, highways and bridges 12,618,283 Drainage projects, including dredging Eastern Branch of Lynnhaven River 91,685 Building projects, including site acquisi- tion and improvements, design, planning, construction, improvement, renovation, ex- pansion, equipping and furnishing of the Kempsville Public Safety and Library Services facilities, Fire Station #1- North End and the Correction Center 2,675,324 Parks and recreation projects, including design, planning, construction, improvement, expansion, equipping and furnishing of the Princess Anne Park recreation facilities 399,708 $24,800,000; and WHEREAS, the issuance and sale of $18,800,000 of such amount has been authorized by a resolution adopted on the date hereof and the Council desires to sell an additional $2,000,000 3 - of such amount as capital appreciation minibonds to provide a convenient opportunity for citizens to participate in the sale of bonds of the City; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There are hereby authorized to be issued and sold $2,000,000 of the $24,800,000 bonds heretofore authorized for various public improvements. The bonds shall be designated "Gen- eral Obligation Public Improvement Bonds, Series of 1988B (Capi- tal Appreciation Minibonds). 2. The bonds shall be dated on the date of their issu- ance and delivery and shall mature three years from their date. The bonds shall be issued in denominations of $500 and multiples thereof. The bonds shall bear interest at a rate to be deter- mined by the Council, compounded semiannually and payable at ma- turity. The remaining details of the bonds will be determined by a further resolution or resolutions to be adopted by the Council. 3. The City Manager and the Assistant City Manager for Administration, in collaboration with Government Finance Associ- ates, Inc. and Government Finance Research Center, the City's fi- nancial advisors, are hereby authorized and directed to take all appropriate action for the issuance and sale of the bonds, in ac- cordance with this resolution and further resolution to be adopt- ed by the Council. - 4- The undersigned Clerk of the City of Virginia Beach, Vir- ginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 4th day of April, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 4th day of April 1988. Clerk, City of Virginia Beach, Virginia (SEAL) - 24 - Item IV-H-4- CONSENT AGENDA ITF14 # 29120 Assistant City Attorney Les Lilley advised the Bond is a negotiable instrument, and the City anticipates that it may reappear. The Code provides the City file for an indepinity bond which is to protect the City. Should it reappear, turn up, it requires the principal on the surety bond who is Granville Munson, the owner, to turn it over to the City, or if anybody should ever make demand upon the City, the indemnity bond is to protect the City, defend it against any suits and against any claim. There is no expir,%tion date on the bond. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Resolution requesting the Director of Finance to authorize Sovran Bank, N.A. to make payment to Granville Munson for Lost Bonds and Coupons totalling $10,300.00. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None A RESOLUTION TO AUTHORIZE PAYMENT OF LOST BONDS AND COUPONS WHEREAS, Mr. Granville Munson of 6208 Jeffrey Road, Richmond, Virginia has affirmed that he is the sole legal and beneficial owner of City of Virginia Beach, Virginia Correctional Facility Bonds, Series of 1975, numbered 462 and 463, at $5,000 denomination each, bearing 6% annual rate of interest, dated December 1, 1975, and maturing December 1, 1986; and coupons numbered 22 in the amount of $150 each, also due on December 1, 1986, and attached to each such bond; and WHEREAS, Mr. Munson has also affirmed that the said securities have been misplaced; and WHEREAS, Mr. Munson has complied with all legal provisions to effect payment of said securities by providing appropriate affidavits and indemnities; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the Director of Finance is directed to authorize Sovran Bank, N.A., the Paying Agent on said bond issue, to make payment to Mr. Granville Munson of 6208 Jeffrey Road, Richmond, Virginia in the amount of Ten Thousand Three Hundred Dollars ($10,300) for the said bonds and coupons. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of April, 1988 1988. INDWMUAL AFFEDAVrr STATE co 0 P... -------------------------- an adult and resides 2. being duly sworn, deposes and Says; ....... is not I 3 - - -------- 4. and is the sole legal and benefical owner of cere@ securities more pu6cularly described as follows: (if tb@ @ty is . boad or dcbcot= @ate thc aca M.pm --.1 Iirqihia Beach, VA. Correctional ... Faci B2 ds,. i it@. 75,. m@ 6 2 . ...................... ............. ........... ..... 6. ... $.al.QQQ .... .... 7. ........ .. syc@- 9. That ...... . ... (D.@ i. tbc @tmm @nS tbe m@ Of dm@ Of the @ues =d -ht cdort W b"3) mde tD I=w @ of, if dus affids,it is fw@ by @ 4d to th, @ty. thc @ of the *s d&im ts OD bc wt fonb i- - KI-I 10. -@s .. )1/2@ , floo@ &^Al c ro 4 A, !f t@.f y 0 ri i)U 12 - ------------------------------------ - --- - ------------ - - ------------------------ - - ----------- 13 - ---------------------- ----------------------------------------- - --------- --------------------------------------- - - - --- - -------- - ----------- - -- --- - - - ---------- 14. That the said fwere I dorsed. W"IEICS CO& (If not mdoned. M of m=t in Wmg @ md AA@, oi "U@ if my, or v@ at ow -u s-@) 15. --- - -------- ------------------- - - - --------------------- ----- ---- - ----- - ----- - - 16. .. . ......................................................... .............. ...... - - -- ---------------- . ................................... 17 - --------- --- ---- --------------------------- ............ - ------------ - --- . .......... - ---- - ------------------------ --------------- I& ............ . .................. -------------------------------------- -------- -- - ------------- -------- --------------------------------------------------------------- 19. That neieher Lhe said securities nor Ehe rights of the deponent in the said securilies havr, in 20. whole or in p@ been sold, assigned, transferred, hypochecated, pledged or otherwlw disposed 21. of, or any interest therein, in any m2nner whatsoever, nor his therc beea given to any person or 22. pemas any powcr of actorney, order or other authority of any kind or macwe whaesoever to 23. fez the s;tid securieies or any part or poreion Ebereof. 24. This affidavit is made for the purpose of inducing ............ . .................... . ..... ................................. 25. to refuse to rransfer or exchange or make payment on said securities to of upon the order of any 26. person or persons other th2n rhe LLndersigned who have presecieed or may present said securiries 27. for @fer, exchange, or payment, and the undersigned hereby agrees @ in case any such traas- 28. fer, exchange or payment is ref@ or delayed, the und=igned witl, in consideralion rbereof, 29. forever and fully indemnify and save h-rmiess the said corporaeion and the - ------ 310 - ------------------- ----------------------------------------------------- ------- -- from any and all to@ Liabiliry and d-rn-ge to which 31. they or cirher of Ehem may be subjecred by reason tbereol 32. It is und@tood thae the word "securities" mentioned berein shall mean one or more rban 33. one particular i=ument or document 2s above desaibed. and swora to bcfore me tW.... ...................... . ...... ...... . ............. ...... of D"-) . .. . ....... of the Notm mom be l@37 (NOTE: A COUNTI' CLERK'S CERTIFICATE, OR AN EQUILAVENT AUTHE,NTICATION, NIUST BE EXECUTED AND ATTACHED.) INDEMNITY BOND WITH LIMITED LIABILITY DIREMOAS FOR F@ECL'77@ OA P@E I KIVOW,4LL MEN BY THFSE PR@EIVTS, TH,4T Granville Munson @t g ha g his prin pal office at 6208 Jeffrey Rd, Richmond, VA 23226 n or tin ti Pidpal (@.aft, Iled "Pi.,ipai,), ad The Ohio Casualtv Insurance Coml)any a @ation otganized and existing under and by Eirtue of the laws of Ohio and duly authoffzed to transact the bmsiness of indemnity and surrtyship in the State of Virginta and Ohio I and ha@g an office and principal place of b,,Siess in Vigiia at 804 Mooref ield Rd, Richmond, VA as Sufety (@nafter called "Suf ety "), atr held and firmly bound unto t hp r. i t y n f V i Beach, Virginia, as issuer-, n.y. as rpgitrar and paying aqpnt, and SOVRAN" BANK, N. A., a national banking association. individualIN and@or as Trustee. Depositar,, Fiscal, PaN.ing or Disbursing Agent, Registrar and/or Transfer Agent. and unto anv other Trustees, Depositaries, Fiscal. PaN.ing or Disbursing Agents or Agcncies. Rcgistrars andlor Transfer Agents no%% of hereafter vested NN iEh anv poN% ers or duties , ith respect to the securitv or securities hercinafter mcntioncd, their respcctive legal representatives, successors and assigns (hereinaftcr collectivclv called "Obligecs"), in Ehe sum of Ten Thn-,,anti Piqht-H--ndrprl Fiftoo Mllars ($10,815. 00 la@%ful monev of the United States of America to be paid to O@igees, their respective legal representati@es, successors or assigns, as interest mav appear; for which pavment cll and trulv to be made Principal and Suretv bind themscl,es, their respective lcgal represcntaii,es, succcssors and assigns, jointiv and scvcrally, firmlv bv these prcsents. SF-4LED with our seals and @ecuted in three count,@aris as of the twenty-first day of Januar , 19 a8 WHF-RE.4S, Principal and Suretv represent to thc Obligees that Principal is the unqualified owner of City nf Virginia- Rparh. VA @prip, nf 1 975, _n,,mhpreti 462 Anl 463 At $5 nnO dpnominat on Parh, hparing a 6% ann,tal ratp of intpreli-AAtod nocomher 1 . 1975, a@d matijring Dprpmhpr I , lq86- anl Cniipong nijmherpti 29 in the Amo--nt of tl5o O() earh d d nn nprpmhpr 1 lqA6 attarh.d f@ ..@h c,,ch hnnti ar (such security or securities being hereinafter called "original- or @originals"). and that the same has/have been mislaid, lost, stolen or destroved and cannot be found or produced, bv virtue of hich Principal and Suret,l ha,e requested Obligees to issue and deliver to Principal or to Principal's order a ne,k or duplicate instrument or instruments (hereinafter sometimes called -dupticate- or @duplicates"), or to pav to Principal or credit to Principal*s account the aniount due on said original or originals " ichout surrender or presen@ation thereof for cancellation or stamping or for an,, other purpose: and WHERF4S, on the faith of the foregoing representations and in consideration of this bond of indemnit,, Obligees lii@e complied or have agreed to compiv with said requests: ,VOW, THFRFFORE, THE CO.VDITIONS OF THIS ORLIG,4TIOV,4RE. that if Principal and Suret%,, the heirs, legal representatives. successors or assigns of Principal and Suretv or anv of them. shail in case the original or originals be found or come into the hands, custod, or po,,er of an,, of th@m. or into the hands, cusc,,d, r po,, er of an,. person. deli% er or cause the same to be deli,cred unto Obligees in order to be cancelled, and shall aiso at all times def@d. indemn@f\ and sa,e harmless Obligees from and against anv and all claims, actions and suits. hether groundless or other, ise. and from and againsi anN and all liabilities. losses, damages, costs, charges, counsel fees and other expenses of c,cry nature and character b, reason of the original or originals and/or the issuance of a duplicate or duplicates in lieu thercof or in lieu of anv instrument or instruments of purported like issue and amount @hich because of alteration, changc or counterfeit mav not bc identificd as or as not the said mislaid. lost, stolen or destroved original or originals, or the making of anv pavmcnt. credit, transfcr. registration, conversion, exchange or delivcrv in rcspect of the original or originals ithout surrcnder thcrcof and/or in respcct of dupticate or duplicatcs, hether or not caused bv. based upon or arising out of the honoring or refusing tohonor thc orilpnal or originals Ahcn prescntcd bN anNr,,nc, and/or Nhcthcr.r not ca.sed bNr, based upon, orarisingout ofinad,ertence, accidcnE. o@crsight or neglect on thc part of Obligees. or an, of them. or their reSpeCtiNre officers, agents, clerks or, emp[on,ees and/or omission or failurc t,, inquirc into, contest or litigate thc right ,f anN. applicant to receive anv pavment, credit, transfer, reg,straiion, con%crsion. cxchange. issue or deli%lernr in respect of the or oril@nals and/or the dupticatc or duplicates issucd in lieu chereof, And',)r causcd b,, based upon ,r arising our of the relcasc @)f ti, securit, or the satisfaccion of an, instrument or instrunients under ,hich the original ,r originals and/or duplicate or duplicates are issued or %ecured. and/or caused bv, based up,,n or arising out of an, othcr mattcr -, thing ,hatsoc,er, chen this Obligations hall be @roid; other,,ise shall remain in full f.r,e dnd effect. 1'rincipal and Sure@ f.rther j,)inti, and se,erall,ragree that if the mislaid, I(,st st@)lcn or destroved originil (,r )riginals be found or come int,, the hands, custodv or ponker of anv pcrs,)n ,r into the hand,, c.,t,,d% or p,),,er ,f thc Oi>lig... of an, ,t thc,,l f, - an, purposc other than cancellation ithout reissue, Principal and Surct,l ill f(,rth,kith )n demand obtaiii an,] de[incr t(, the 06]igce, either such original or originals or such duplicatc or duplicates or ill pav to the Obligees a suni of monev sufficient to enablc thc Obligees to purchasc in thc open markct securities of the same issue and amount as the )riginal or )riginals in forni c.ns[ituting g@),,d delivcry under the rules of the Neu, York Stock Exchange. Surctv, furthcrmorc, inconsideration of its acceptance bv the Obligces as a satisfact(,r, suretv hereon, hereb@. ren,)unccs all right, which it mav have under thc statute la" or the common law of the State of Virginia. of )f an, other jurisdiction, to C,)nlpel the Obligees@ upon anv breach of chis bond, to make anv demand upon or take an, accion against the Prin,ipal before taking action against Suret,. and herebv consents to become, forthwith upon anv such breach, individuall, liable to the Obligees, and to each of theni. for thc full amount of this bond, ithout notice of such breach. and although no demand shall have been made upon and no aceion taker. against @,e Principal; and Suretv further consents that its liabilitv hereunder shall be absoluee regardless of anv non-existence of liabilitn of the Principal hereunder, whcther such non-cxistence of liabilitv be bv reason of anv irregular or unauch0fiLed execution of, of failtire EO CXeCUte, this bond, or anv absence of interest of principal in the subject matter hereof. or other,,ise. Principal and Suretv further agrce thae, in case of anN, default undef the conditions of this bond, Principal and Suretv aive and release anv and all ri-ht or claim against Obligees, or anv of them, %Nhether bv ka% of subrogation or other, ise, for anN loss. expense or liabilit, incutred b, Principal and/or Suretv caused bv, based upon, or arising out of the enforcement of this bond bv the Obligees or bv anv of them. No inaccurac, in the description of the securities herein referred to as original or originals shall alter, modifn, or affect othe obligation of Principal and Suretv hereunder. This bond shall be deemed to be a Virginia contracc and shall be governed as to all maiters "hatsoever, vhether of validitv, incer- pretation. obligation, performance or otherm,ise, exclusiveiv bv the laws of the StaLC Of Vifginia, and all questions arising with respect thereto shall bc determined in accordance with such la"s. Regardless of "here actuall%. delivered, Ehis bond shall be deemed to have been accepeed bv the Obligees in the State of Virginia. This bond shall be deemed a continuing obligation and successive reconeries may be had hereunder from time to time as the Obligees or any of them become entitled thereto in accordance with the terms hereof. And principal herebv further agrecs to furnish Obligees, without anv expense to Obligees, a ne. Bond of Indemnitv, uhich ma, differ from this Bond in amount or in anv other respect, with satisfactorv suretv or sureties in case this obligation should not a[ an% time for anv reason in the opinion of the Obligees afford sufficient protection. Individual Granvillp Munson (L.S.) Partnership (L.S.) B@ Corporation (Seal) B, The Ohio Casualty Insurance Company (Seal qf Suren) BN Atte Attorney-In-Fact Z@Z mx@&N, Cou:itersigned By Resident Agent .@7@47,E 0,4' Virginia COI'.@7)' OF Hanover On ihis 21st da-v of January IQ 88 befote aie pers,)tialli appear,,,i Granville Munson 6208 Jeffrey Rd, Richmond, VA 23226 to me known and known to me to be the pers,,n deg nbed in a@d u,ho e.,e, uted the foffgoing itistrwment. and he thereupon atknow,ledged to me that he executed the same. (Seal) (A (:I@,k @,STIITb, Ok' COUA7T OF On this d@y Of 19 befir, me personaliv appearetl of to me known and known to me to be a member of the firm of de&nbed in and whih exe(uted theforegoing insimment, and he @upon acknowledged to me that Ae executed the same as andfor the act and dred of said fif m. (Seal) h@ @.d ST,4TE OF .... ss COUV7T OF I On this d@v of in the year 19 before me personally appeareel to me known, who being @v me dulv sworn, did depose and sa-v. taat he resides at I that he :s a President of the corporation described in and whi,-h exe,-uted the abote itistrument,- that he knows the seal of said corporaiion; that the seal affixed to said insimment is such , orporate seal, that it was so affixed by order of the board of directots of @id co@aiion; and that he stgned his name thereto by li.#e order. (Seal) 1/2 (I ... I,,k @Irl fi, . ....... @@, ....I I ST47E OF Virginia ss (:Ol,',,v7,y OF Hanover 0. this 21st da.v of January 19 89 befo" me personally appeare(I Linda A Slater t,) me kmo,.,7n, who, being bv me dulv vor77. dil depose and sa-i,. that he resides at Rt 1 Box 331, Manquin, VA 23106 that he is a Attorney@ln-Fact If the corporation, des,-ribed in and whi, h evecuted the abote instrzement, that he knows the rorporate seal of said i-ofporation, that the seal affixetl to said instmment is such corporate seal: that it was so affixed @v order of the Board of D i r e c t o r s of @ id i orporation; that he signed his name thereto b-v like order, a @d that the liab ilities of said orporation do not exceed its assets as ascef taitied in !he manner pmt,ided bv la&,,. .4nd the sail W Pettus Gilman .fu,rher sejid that he w,a-, Z:,,th Linda A Slater a,,l hiin t,, be ot seiil ,,,poreiti(,n, that th, sk,,,I,, ,f,,,id Linda A Slater t,, ,ail -, in th,, genu,,,e hania,,ritiiig 'If -,ail atid wi,, thei-ef(, b@, the, or(Ye, o/ said B,,ard f Directors ,j,,/ i,, th, pt,,s,,,.@ tf hipi th, i,,' Resident Agent D IRECTIONS 1. The lndemnitv Bond must be executed bv the owner of the original sccurities and bv one of the standard Surety Companies acceptable to the Obi igees therein named. If principal is a corporation a certified cop@ of the resoluiion of its board of directors authorizing the execution of the bond by specified officers must be attachcd co cach counterpart thercof. 2. The lndemnitv Bond must be acknowledged bv both Principal and Suretv. The Notarv Public or other compctent authoritv taking the acknowledgements should affix his seal of office and state the date on which his commission expire5 and a county Clerk's, or an equivalent authentication, should be affixed to cach counterpart of the Indcmnitv Bortd. 3. All blank spaces must be properly filled in. Alterations and inEerlineaEions must not be madc in the printed forms. Principal should state residence in full. No reference should bc made in thc Bond as to "hether or not said securitics were endorsed. 4. Affidavits establishing ownership of the lost, stolen or destroyed securities and setting forth in dctail the facts and circumstances of the loss, theft or destruction should be attached to each counterpart of the Indemnitv Bond. 5. Sufficient counterparts of the Indemnitv Bond and of the affidavit of loss should be executed so that one may be filed with cach Obligce named in the Indemnity Bond. 6. The applicant for the issuance of duplicate securities "-ill be required to pav anv expenses in connection %ith the@ preparation, inciuding counsel fees of anv of the Obligees. 7. The lndemnitv Bond and affidavit must bc approved bv the Companv, Commitice, Trust, Receiver, Government, Municipalitv, or other entitv issuing the securities. 8. In cases -here the new or duplicate certificate is to be issued in a name other than that of the registered holder of the lost, destroyed or stolen certificate, all the formalities necessarv to complete a Eransfer most be complied "ith, including thc furnishing of either a stock power or a bond power signcd bv the registered holder or his legal representati%,es, a signature guarantv, transfer tax stamps, and such legal papers as mav be necessarv. 9. There must be annexed to the Bond a copy of the Bv-laws, resolutions of the Board of Directors, po" er of attorney, certificate of election of officers, and such other competent evidence as mav be necessarn to establish that the person or persons executing the Bond on behalf of the Suretv are dulv authorized. These documenis must be duiv certified bv a proper officer of the Suretv, under its corpotate seal, and the certificacion must state that at the date of such execution che authorit, of the persons execuling the Bond on behalf of Ehc Suretv has not been revoked; and, where the authorization is gi@,en to the holder of particular office, a similar certificate shouid be annexed certifning that the person executing the Bond as such officer held such office at the date of such execution. These certifications MUST NOT be bv ANY officer executing the Bond. 10. There must be attached to the Bond a properiv certified copy of a recent financial statement of the Suret%. 4 - 25 - Item IV-H-5- CONSENT AGENDA ITEM # 29121 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Resolution requesting technical assistance and financial reimbursement of $800,000.00 from the State Board of Corrections for the constructio-,i of the Correction Center Addition CIP Project #3-967. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. lienley, llayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council iaembers Absent: 1,Tone - 26 - Item IV-H.6. CONSENT AGENDA ITEM 29122 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Resolution authorizing City Manager to execute all necessary railroad and utility agreements required in conjunction with location and design of Dam Neck Road Phase II Project UOOO-134-121 (CIP 2-071). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, I%Iayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor 1.@eyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None LOCATION AND DESIGN PUBLIC HEARING APPROVAL RESOLUTION WHEREAS, a Location and Design Public Hearing was conducted on February 17, 1988, in the City of Virginia Beach, Virginia by representatives of the Commonwealth of Virginia, Department of Transportation aftl-r due and proper notice for the purpose of con5idering the proposed location and design of Dam Neck Road Phase II Project UOOO-134-121 in the City of Virginia Beach, Virginia, at which hearing aerial photographs, drawings and other pertinent information were madl- available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the City of Virginia Beach, Virginia were present and participatl-d in said hlaring; and WHEREAS, the Council had previously requestl-d the Virginia Department of Transportation to program this project; and WHEREAS, the Council considered all such matters; now THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach, Virginia hereby approves the location and major design feature5 of the proposed project as presented at thL- Public Hearing; and BE IT FURTHER RESOLVED that the City of Virginia Beach, Virginia requests the Virginia Department of Tran5portation to acquire all right5 of way necessary for this project conveying said rights of way to the City at the appropriate timl-. and BE IT FURTHER RESOLVED that thL- City Manager is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary railroad and utility agreements required in conjunction with acquiring such rights of way. Adopted this 4th day ofapril 1,08 City of Virginia Beach, Virginia ATTEST: By CLERK OF COUNCIL CITY MANAGER -7 D EY Ar so c>n - 27 - Item IV-H.7. CONSEliT AGENDA ITL@M # 29123 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Resolution authorizing the release of two Life Pak V Defibrillator Cardioseopes from Emergency Medical Services to OPERATION S14ILE. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndarf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ION AUTHORIZING THE RELEASE OF TWO LIFE PAK V DEFI BRILLATOR CARDIOSCOPES FROM 3 EMERGENCY MEDICAL SERVICES TO OPERATION SMILE 4 5 6 WHEREAS the City of Virginia Beach Division of Emergency 7 Medical Services has in its inventory two Life Pak V 8 defibrillator cardioscopes, which, while no longer suitable for 9 intense continuous day-to-day operation, are nonetheless operable 10 and suitable for occasional emergency use; and 11 WHEREAS the medical personnel of operation smile, a 12 volunteer humanitarian medical assistance organization has need 13 of these defibrillators, and would find them of great value, to 14 be used under conditions of operation compatible with the 15 capabilities of said equipment, 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That the Director of Emergency Medical Services is 19 authorized and directed to transfer ownership of said 20 defibrillator cardioscopes to Operation Smile as a gift of the 21 City of Virginia Beach. 22 Adopted this 4th day of April 1 988 ,by the 23 Council of the City of Virginia Beach, Virginia. 24 WEB/dga 25 LIFEPAK.RES 26 3/9/88 27 - 28 - Item TV-H.8. CONSENT AGENDA ITEYI ,4 29124 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 12-41 of the Code of the City of Virginia Beach, Virginia, pertaining to Fire Prevention Code-Adopted by the General Assembly, 1988. Voting: 11-0 Council @,lembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Joh,,i D. Moss, Vice Mayor Meyera E. Oberndorf, lqancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None INTER-OFFICE CORRESPONVENCE In Reply, Refer To Our File No. CA-2638 DATE: March 22, 1988 TO: Chief Harry Diezel DEPT: Fire FROM: Bill Byman DEPT: City Attorney RE: Proposed Arnending of City Code 5 12-41 (Fire Prevention Code) Virginia Beach Fire Prevention Code incorporates by reference in SS 12-41 the now outdated 1978 BOCA Code which has been superceded by the recently adopted 1987 Virginia Fire Prevention Code. Since the 1987 Code specifically supercedes all previously adopted fire prevention regulations, the City must amend SS 12-41, incorporating the 1987 State Code, to ensure that we have an enforceable Fire Prevention Code. I have prepared a proposed ordinance change and Agenda Request to accomplish this. I suggest that we amend SS 12-41 without delay, then present amendments/modifications in a later submission. This way any delays or postponement of action by Council regarding amendments will not impede their adopting the basic Code. WEB/dga CC: Chief Quist N APP@CVII--, I A'3 TO CONTENTS INANCE TO AMEND AND REORDAIN 1 SECTION 12.41 OF THE CODE OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA, 3 PERTAINING TO FIRE PREVENTION CODE- 4 ADOPTED 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Section 12.41 of the Code of the City of Virginia 10 Beach, Virginia, is hereby amended and reordained as follows: 11 12 Section 12-41. Adopted. 13 14 Pursuant to the provisions of Title 27 15 of the Code of Virginia, there is hereby adopted by the city, for 16 the purpose of prescribing regulations governing conditions 17 hazardous to life and property from fire or explosion, that 18 certain code known as the BE)eA-@@-+q@-P-revent-ioll- Coder 19 together-vi-tit- -by 20 t h e - a n d - 21 fneTT Virginia Fire Prevention Code, being particularly the 19:Fe 22 1987 edition thereof, and any future amendments thereto, and-+ine 23 whole-theree#7 save and except such portions as are deleted7 may 24 be modified or amended in this article, of which code not less 25 than three (3) copies have been and are now filed in the office 26 of the city clerk, and the same is hereby adopted and 27 incorporated as fully as if set out at length herein and the 28 provisions thereof shall be controlling within the limits of the 29 city. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 4th day of April 1988. 33 34 WEB/epm 35 03/22/88 36 CA-88-2638 37 ordin\proposed\12-041.pro - 29 - Item IV-H.9. CONSENT AGENDA ITEM # 29125 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED, upon FIRST READING: Ordinance to appropriate $33,255-00 to the Police Department's 1987-88 Operating Budget, representing the Department's share of the value realized from seized property as result of a joint narcotics investigation. Voting: 11-0 Council llembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, llayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $33,255 TO THE POLIGE DEPARTMENT'S 1987-88 OPERATING BUDGET WHEREAS, the Virginia Beach Police Department, in a joint law enforce- ment operation with the Federal Drug Enforcement Administration, seized certain property which was ordered forfeited to the Federal Government, and WHEREAS, the Federal Government has presented to the Treasurer, City of Virginia Beach, the sum of $33,255, representing the Police Department's share of the value received in said joint operation, and WHEREAS, the Police Department has need to acquire ballistic body armor and a portable building for law enforcement purposes. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $33,255 be appropriated to the Police Department's 1987-88 operating budget with a corresponding increase in estimated revenues. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of Api7il 1988. FIRST READING: April 4, 1988 SECOND READING: April 11, 1988 KAR/1 ORD40 - 30 - Item IV-H.10. CONSENT AGENDA ITEM # 29126 Chuck Davis, General Services, advised the Maintenance Agreement is for one- year and the difference between the other bid is that Northern Telecom who is the manufacturer of the equipment wishes to establish a precedence in the Tidewater area and subsequently made the low bid. The bid is an all inclusive maintenance contract. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing and directing the City Manager to execute a contract with Northern Telecom, Inc. for the upgrading and maintenance of the City's PBX Telecommunications System. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. @erry Council Members Voting Nay: None Council Members Absent: None 01- F@ DEPARTM@NT -A . CITY ATroRNEY AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A CONTRACT 3 WITH NORTHERN TELECOM,INC. FOR TUE Ul?- 4 GRADING AND MAINTENANCE OF THE CITY@S 5 PBX TELECOMMUNICATIONS SYSTEM 6 WHEREAS, the City of Virginia Beach has solicited bids 7 for the upgrading and maintenance of its PBX telecommunications 8 system; and 9 WHEREAS, Northern Telecom, Inc. has submitted the 10 lowest bid, in the amount of $274,699.53 and 11 WHEREAS, the proposed agreement between the City and 12 Northern Telecom, Inc. would be of substantial benefit to the 13 City; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 15 THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 That the City Manager is hereby authorized and directed 17 to execute the proposed contract between the City of Virginia 18 Beach and Northern Telecom, Inc. for the upgrading and 19 maintenance of the City's PBX telecommunications system, a copy 20 of which contract is hereto attached. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, this 4th day of April 1988 23 WMM/dhh 24 03/30/88 - 31 - Item IV-H.11. CONSENT AGENDA ITEM # 29127 Clarence @larnstaff, Director of Public Utilities, advised the property owners adjacent to Foxfire would have the option to request service but for each of those cases an engineering analysis would have to be determined as to its feasibility Each of those would be brought back to City Council. In the design of a water or sewer systems there is always room for additional connections, but there is a limit as to how many additional connections can be made to the syste,,n. For any subdivision, 10% increase in the number of connections could be added. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council: AUTHORIZED water and sewer utility extensions to Gordon Buhrer on a 4-acre parcel immediately adjacent to Foxfire subdivision. This authorization is subject to any future subdivisions coming back for approval to City Council as a rezoning. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Voting Nay: Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 32 - Item IV-H.12. CONSENT AGENDA ITEi4 # 29128 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED: LOW BID to Womack Contractors, Inc. in the amount of $1,074,000 (site development); and to All Construction Corporation in the amount of $194,780-00 (buildings) for 1983-87 Capital Improvenient Program for Great Neck Park Development (C',P 4-913), Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33 - Item IV-H.13- CONSENT AGENDA ITEM # 29129 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED: LOW BID to REA Construction Company in the amount o@- $728,352.60 for 1987 Charter Bonds and Water and Sewer Operating Revenue on London Bridge Road Relocated (CIP 2-055, Bid No. 9967), 51% neighborhood participation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor f,leyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 34 - Itep.i IV-H.14. CONSENT AGENDA ITFM # 29130 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED: LOW BID to Utility Builders, Inc. in the amount of $249,823-00 Water and Sewer Operating Revenue Capital Project Fund at Lakeside Drive and Poplar Point Road (CIP 6-952, 5-023). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanaii, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 35 - Item IV-H.15. CONSENT AGENDA ITE!4 # 29131 Upon motion by Councilman Heischober, seconded by Councilinan Perry, City Council APPROVED: BINGO/RAFFLE PERMITS Green Run Homes Association - Bingo Philippine American Community - Raffle Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 36 - Item IV-H.16. CONSENT AGENDA ITEM # 29132 Upon motion @v Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $20,763-99 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Ilenley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None FCIM 140. C.A. 2/22/88 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 appfications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D3to Penalty I nt. Total Year of Tax Number tion No. p .id Crestar Bank RE Trust Dept 88 RE(1/2) 13571-7 12/5/87 334.08 Fireman's Fund Mortgage Corp 85 RE(1/2) 20684-9 12/5/84 8.00 Fireman's Fund Mortgage Corp 85 RE(2/2) 20684-9 6/5/85 8.00 Fireman's Fund Mortgage Corp 86 RE(1/2) 21899-7 12/5/85 8.00 Fireman's Fund Mortgage Corp 86 RE(2/2) 21899-7 6/5/86 8.00 Fireman's Fund Mortgage Corp 87 RE(1/2) 22968-0 12/5/86 8.00 Fireman's Fund Mortgage Corp 87 RE(2/2) 22968-0 5/18/87 8.00 Fireman's Fund Mortgage Corp 88 RE(1/2) 23617-2 12/5/87 27.15 Morton Realty Associates 85 RE(1/2) 10110-4 12/5/84 183.92 Morton Realty Associates 85 RE(2/2) 10110-4 6/5/85 183.92 Morton Realty Associates 86 RE(1/2) 10835-7 12/5/85 183.92 Morton Realty Associates 86 RE(2/2) 10835-7 6/5/86 183.92 Morton Realty Associates 87 RE(1/2) 11483-9 12/5/86 257.23 Morton Realty Associates 87 RE(2/2) 11483-9 6/5/87 257.23 Mutual Federal Savings & Loan 88 RE(1/2) 47206-8 12/5/87 26.31 Clifford T & Mary H Lenz 88 RE(1/2) 62212-9 12/4/87 74.55 Peterson Development Corp 88 RE(1/2) 107560-0 12/5/87 1,541.24 Cardian Mortgage Corp 88 RE(1/2) 21457-9 12/5/87 530.84 August A Lupino 87 pp 221070-1 1/28/88 10.68 Phyllis Q Joseph 82 pp 147867-0 11/19/87 21.00 James A Little 85 pp 96751-6 1/29/88 9.99 Total 3,873.98 This ordinance shall be effective from date of adoption, The above abatement(s) totaling CE $3,873.98 .- were approved by the Council of the City of Virginia Beach on the@day of A 119@8 - App ved as to form: Ruth Hodges Smith City Clerk torney ORM NO. C.A. 7 3/24/88 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 Type Ticket Exonera- D ate Penalty lnt. Total Year of Tax Number tion No. Paid Ameribanc Savings Bank 88@ RE(]/2) 57182-5 12/5/87 1,773.10 Total 1,773.10 This ordinance shall be effective from date of adoption. The above abatement(s) totaling the Council of the City of Virginia Beach on the@thday of @r pz, were approved by Jo@. @kins-o'n, Treasurer Approved as to form: Ruth Hodges Sniith City Clerk -6ale Bims-oln, City, Atto@ OHM NO. C.A. 7 3/1 6/88 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 Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Cardian Mortgage Corp 88: RE(]/2) 105824-6 1213187 172.40 Lional W & Lola Cranmore 88 RE(1/2) 23201-4 12/4/@07 139.05 GMAC of Iowa 88 RE(1/2) 25392-8 11/13/87 23.68 Bernard & Elizabeth Bowser 88 RE(1/2) 10815-9 12/3/87 207.06 Albert D Solito 88 RE(1/2) 101801-2 11/18/87 232.33 Crestar Mortgage Corp 88 RE(1/2) 67307-4 12/4/87 213.75 John E & Charlotte Stratton 88 RE(1/2) 104572-3 11/9/87 260.67 John E & Charlotte Stratton 88 RE(2/2) 104572-3 11/9/87 260.67 Joseph R Green Jr 88 RE(1/2) 41695-9 11/13/87 283.37 Bessie E Felts 88 RE(]/2) 33461-8 11/27/87 130.19 Robert S & Jean L Hines 88 RE(1/2) 48186-0 12/2/87 86.55 Marvin W & Beulah A Riggs 88 RE(1/2) 91478-7 1/11/88 344.71 James H Kabler et als 87 RE(1/2) 53492-0 2/12/87 2,785.66 James H Kabler et als 87 RE(2/2) 53492-0 9/23/87 2,906.39 Lewis J & Aillen Welch 88 RE(1/2) 114732-9 11/10/87 314.20 Marc Jacobson, Attorney 87 RE(2/2) 120195-7 12/2/87 504.16 CAB Associates 88 RE(1/2) 15759-6 12/5/87 76.72 Goodman Segar Hogan Inc 88 RE(1/2) 93125-0 12/3/87 4,313.05 Goodman Segar Hogan Inc 88 RE(1/2) 93124-1 12/3/87 1,699.22 John A Jr & Pearlie Williams 84 pp 166154-1 12/3/87 163.08 Total 15,116.91 This ordinance shall be effective from date of adoption. The above abatement(s) totaling @,ed a lo $i , , 1 i were approved by the Council of the City of Virginia Beach on the@day of April,_1988 f. 'Atki@nson,Treasurer Ruth Hodges Smith City Clerk ate Bi@ton-City Attorney - 37 - Item IV-J.L NEW BUSINESS ITEM # 29133 ADD-ON Councilwoman Henley advised Mr. Michael B. Newbill had forwarded to the Virginia Division of Historic Landmarks the architectural dimensions in a packet describing the DeWitt Cottage requesting said DeWitt Cottage be listed on the REGISTER of the Commonwealth of Virginia Department of Conservation and Historic Resources as a Historic Landmark and to include it in the VIRGINIA LANDMARK'S REGISTER. This shall be considered on April Nineteenth. Councilwoman Henley requested a Resolution in support of same to assist in achieving this goal. BY CONSENSUS, a Resolution shall be SCHEDULED for the City Council Meeting of April 11, 1988. - 38 - Item IV-J.2. UNFINISHED BUSINESS ITE@M # 29134 Councilinan Moss referenced a letter of DECLARATION to the City Clerk dated March 30, 1988, with a copy to each 14ember of City Council. (Said letter is hereby made a part of the proceedings.) Councilman Moss DISCLOSED his wife is a teacher in the Virginia Beach School System pursuant to Section 2.1-639-14E of the Code of Virginia, Annotated. Councilman Moss advised he was able to review, make recommendations and approve or DENY a budget regarding the School Board fairly, objectively and in the public interest even though his wife is one of many teachers within the school system. JOHN 0. MOSS 4021 GLEN ROAD COUNCILMAN VIRGINIA BEACH, VIRGINIA 23452 KEMPSVILLE BOROUGH (804) 498-0318 March 30, 1SS88 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: Pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the City of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the School Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by City Council's vote on the School Board budget; and 4. I am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife is one of many teachers within the school system. Mrs. Ruth Hodges Smith -2- March 30, 1988 Accordingly, I respectfully request that you record this declaration in the official records of the city council. Thank you for your assistance and cooperation in this matter. Very truly yours, ncilmember JDM/CJS/awi cc: Paul A. Sciortino, Commonwealth Attorney - 39 - Item IV-K.l.. ADJOURNMENT IT@l # 29135 Upon motion by Councilman Balko and BY ACCLAMATION, City Council ADJOURNED the Meeting at 4:10 P.M- o. @@ Beverl@ 0. Hooks Chief Deputy City Clerk ,Ruth Hodgeg Smith, CMC City Clerk City of Virginia Beach Virginia