Loading...
NOVEMBER 12, 1991 MINUTES City of Virgirìia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNOORF, At-La'ge VICE MAYOR ROBERT E. FENTRESS, V;'g;n;a Beach Bomugh JOHN A. BAUM, Blackwater &'ough JAMES W. BRAZIER, JR., Lynnhaven &'ough ROBERT W. CLYBURN, Kemp",We Bomugh HAROLD HEISCHOBER, At-La'ge LOUIS R. JONES, Bay,;de Bomugh PAUL]. LANTEIGNE, Pungo &'ough REBA S. M,CLANAN, Prince" Anne &'ough NANCY K. PARKER, At-La'ge WILLIAM D. SESSOMS, JR., At-La'ge AUBREY V. WATTS, JR., G;ty Manager LESLIE L. LILLEY, G;ty Attomey RUTH HODGES SMITH, CMC/AAE, c;ty Clerk CITY COUNCIL AGENDA 281 CITY HALL BUIWING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (804) 427-4303 NOVEMBER 12, 1991 ITEM I. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION I TEM II. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Andrew D. Jackson Kempsvi lie Presbyterian Church c. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSION - November 5, 1991 G. H. I . PUBLIC HEARINGS 1 . CAPITAL IMPROVEMENT PROGRAM A. a. FY 1992 CIP $ 68,595,289 b. Proposed Ten-Year CIP $1,436,741,149 B. GENERAL OBLIGATION BONDS $36,100,000 Public Faci I ities/General Improvements C. REVENUE BONDS Water/Sewer System $13,770,000 D. GENERAL OBLIGATION BONDS Roads/Highways/Bridges $ 8,000,000 2. OPERATING BUDGET FY 1991-1992 Carry-over Purchases Not Del ivered ORDINANCES 1 . Ordinance, upon FIRST READING, to adopt the FY 1991-1992/FY 1995- 1996 Capital Improvement Program; to APPROPRIATE $68,595,289 for the FY 1991-1992 Capital Budget, subject to funds being provided from various sources set forth herein; and, to reallocate CIP funds appropriated in prior fiscal years. 2. Ordinance, upon FIRST READING, authorizing,the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $36,100,000 for various Public Facilities and General Improvements. 3. Ordinance, upon FIRST READING, authorizing the issuance of Water and Sewer System Revenue Bonds of the City of Vi rg i n i a Beach, Virginia, in the maximum amount of $13,770,000. 4. Ordinance, upon FIRST READING, authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $8,000,000 for Road, Highway and Bridge purposes. 5. Ordinance to APPROPRIATE $13,570,582 for Fiscal Year 1991-1992 for carry-over purchases not del ivered. RESOLUTIONS 1 . Resolution approving the issuance of Multi-Fami Iy Residential Rental Housing Bonds by the Virginia Beach Development Authority, in an amount not to exceed $3,615,000, to Silver Hili MI II Dam Associates re financing, acquisition, construction and equipping facility. 2. Request to authorize Public Hearing re proposed issuance of revenue bonds by Newport News Redevelopment and Housing Authority. J. CONSENT AGENDA A II matters listed under the Consent Agenda are cons i dered in the ordinary course of business by City Counci I and wi II be enacted by one moti on in the form listed. I f an item is removed from the Consent Agenda, it wi II be discussed and voted upon separately. 1 . Ordinance to TRANSFER $61,400 from the Reserve for Contingencies to the City Clerk's Operating Budget re purchase of Image Processing System. 2. Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, re bird sanctuaries (Sponsored by Counci I Lady Reba S. McClanan): Parkside Green Princess Anne Borough 3. LOW BID with advance notice to proceed: HUDGINS CONSTRUCTION CO ., I NC . $8,773,256.98 Virginia Beach Community Recreation Center - Princess Anne (CIP 4-944) and Ferrell Parkway - Phase VA (CIP 2-096) 4. LOW BIDS: ASPHALT ROADS & MATER I ALS CO., INC. 1991-1992 Bituminous Concrete Maintenance Schedule - Contract I 1,674,478.25 H. HAMNER GAY & COMPANY, INC. Broad Bay Colony Sewer Improvements Section III/IV (CIP 6-935) Contract A 523,142.00 B. L. JONES, INC. Broad Bay Colony Pump Stations 3 & 4 (CIP 6-935) Contract B 185,900.00 K. PUBLIC HEARING 1 . PLANNING a. Petition of GEMINI BUILDERS, INC. for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road, on the Eastern boundary of Old Princess Anne Road, beginning at a point 68.3 feet South of Dunhi II Drive and running in a Southerly direction a distance of 677.70 feet, being 20 feet in width and containing 13,550 square feet (KEMPSVILLE BOROUGH). Deferred for Compl iance: May 14, 1991 Recommendation: DEFER to November 26, 1991 11/7/91 I bs L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - Resignation Plumbing & Mechanical Division COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE (CAC) COMMUNITY SERVICES BOARD - Resignation M. UNFINISHED BUSINESS 1 . Ordinances re ENVIRONMENTAL SERVICES UTILITY SYSTEM: a. AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Chapter 39. b. Establ ish the Equivalent Residential Unit (ERU) Rate. <Th is matter was I ega II y advertl sed for the Formal Session of November 12, 1991; however, by action of City Counci I on October 29, 1991, this matter was DEFERRED. This Item will not be considered nor wi II any action be taken by Counci I on November 12, 1991.) N. NEW BUSINESS O. ADJOURNMENT * * * * * * * * * * * * * * * * * CITY COUNCIL SESSIONS RESCHEDULED NOVEMBER 26, 1991 Formal Session (CIP Second Reading) DECEMBER 3, 1991 DECEMBER 10, 1991 DECEMBER 17, 1991 Formal Session Formal Session Formal Session PUBLIC HEARING 6:00 PM 2:00 PM 2:00 PM 2:00 PM DECEMBER 2, 1991 School Board Candidate Interviews 10:00 AM (Monday) Counci I Chamber (Citizens are invited to attend and speak) MINUTES VIRGINIA BEACH CITY COUNCIL VirginIa Beach, Virginia November 12, 1991 Mayor Meyera E. Oberndorf called the to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, Cit y Hall Buil ding, on November 12, 1991, at 1:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentre$s, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None In - 2 - ITEM # 35040 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I 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 or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipl ining, or resignation of specific publ ic officers, appointees, or employees pursuant to Section 2.1-344 (A) ( 1 ) . To-Wit: Appointments: Board of Bui Iding Code Appeals Community Development Citizens Advisory Committee Community Services Board Southeastern Tidewater Opportunity Project Southeastern Virginia Areawide Model Program, Inc. Environmental Services Revenue Committee Discussion: Prospective candidates for position of City Manager. 2. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable I itigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To-Wit: 1. Bremer and Johnson v. City, et al 2. Cowell v. City, et al 3. Farag v. City, et al 4. Moore v. Painter, et al 5. Redford v. City, et al (2 cases) 6. Wi Iliamson v. City, et al Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf and Wi II iam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent None November 12, 1991 - 3 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL November 12, 1991 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hall Bui Iding, on Tuesday, November 12, 1991, at 2:00 P.M. Counci I Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCI anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Absent: None INVOCATION: Reverend Andrew D. Jackson Kempsvi lie Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 12, 1991 - 4 - Item II-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35041 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Counci I CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such publ ic business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Counci I. Vot i ng: 10-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert w. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Will i am D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: Lou i s R. Jones November 12, 1991 lRtønlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35040, Page No.2 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. .~~ th Hodge Smith, CMC/AAE City Clerk November 12, 1991 - 5 - I tem I I-F. 1 . MINUTES ITEM # 35042 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 5, 1991 . Voting: 10-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and Wi II i am D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: Lou i s R. Jones November 12, 1991 - 6 - Item II-G.!. SCHOOL BOARD SCHEDULE ITEM # 35043 Mayor Oberndorf referenced the letter from the City Clerk concerning the School Board Candidates' PUBLIC HEARING December 2, 1991. 10:00 - 11:00 AM The four Incumbents 11:00 - 12:00 PM 10 Minute Intervals for Candidates 12:30 - 1:10 PM. Lunch for City Council 1: 10 - 'til 10 Minute Intervals for Candidates and 5 Minute Intervals for Citizens (Citizens will be scheduled after the last candidate) Mayor Oberndorf requested City Council advise the City Clerk if any adjustments are necessary in this Schedule. November 12, 1991 - 7 - Item II-G.l.A. PUBLIC HEARING CAPITAL IMPROVEMENT PROGRAM ITEM # 35044 FY 1992 CIP PROPOSED Ten-Year CIP Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: CAPITAL IMPROVEMENT PROGRAM FY 1991-1992 1995-1996 The following spoke expressing their concerns relative various issues: Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024, presented statement of Captain Les Fenlon - Chairman of the Great Neck Association of Civic Leagues. The Association proposes the Shore Drive Corridor from the Chesapeake Bay Bridge Tunnel to the Seashore State Park be added to the Gateway Project, #2- 054, included in the proposed FY 1991-1991 - 1995-1996 CIP. Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, represented Friends of Back Bay, Save Our Sandbridge. Mrs. Brown spoke in OPPOSITION to Ferrell Parkway, Phases VI and VII, which are new travel lanes traversing through relatively undisturbed natural areas, which are extremely important to migratory songbirds, raptures, shore birds and waterfowl and as a habitat to several plant species. Mrs. Brown requested the existing Sandbridge Road be improved by widening the lanes and straightening the curves. Mrs. Brown also spoke in OPPOSITION to the $17-MILLION sewer line for Sandbridge. Linwood Branch, 773 Arctic Avenue, Phone: 425-1722, represented the Virginia Beach Hotel/Motel Association. Mr. Branch expressed appreciation for the continuation of the public/private partnership on Atlantic Avenue. There has been a 7% increase in tourism this year. Mr. Branch requested City Council instruct the City Staff to re-examine those road projects dealing with large increases in future traffic counts and possibly defer these projects indefinitely. Possibly by deferring or eliminating some of these projects, Charter Bond and General Appropriation funds could be directed to solving some of the other budgetary problems. Mr. Branch advised the Marine Science Museum needs to be addressed beyond the planning stage. Maureen Sigmund, 3105 Dolphin Road, Phone: 481-5235, Vice President - SAVE, Southeastern Association for Virginia's Environment. SAVE is concerned the City is programming Capital Projects into areas which are environmentally sensitive, without giving the necessary attention to alternatives. Mrs. Sigmund spoke in OPPOSITION to Ferrell Parkway, Phases VI and VII, estimated to cost $24,200,000, and CIP Project #2-177 (Transition Zone 1 and 2 Arterial), projected to cost $20,085,000. Rosa Norman, 110 North Birdneck Road, Phone: 425-7106, represented residents of Seatack. Mrs. Norman requested Sea tack not be eliminated or delayed in the CIP. The City Staff shall prepare information concerning the funds available for street construction in Seatack and whether these funds had run out in prior years. Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens Action Coalition. The proposed 10-year CIP is for $1.4-BILLION (expenditures at a yearly rate of over double the expenditure of this current year). Mr. LeSesne requested the funds be reprioritized for schools and not road improvements. Projects should not be funded which would support continued growth. Mr. LeSesne spoke in support of the expansion of the Marine Science Museum and in OPPOSITION to Ferrell Parkway, Phases VI and VII. November 12, 1991 - 8- Item II-G.l.A. PUBLIC HEARING CAPITAL IMPROVEMENT PROGRAM ITEM # 35044 (Continued) FY 1992 CIP PROPOSED Ten-Year CIP Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace believed the School Board should utilize better planning in construction of schools resulting in a gradual building and gradual increase in taxes and spoke in FAVOR of direct election of the School Board. Mr. Pace requested elimination of the tolls and spoke in OPPOSITION to Ferrell Parkway, Phases VI and VII. Mr. Pace believed the citizens should have free access to all Recreation Centers. Charles Lane, 308 Teal Crescent, Phone: 721-3658, represented Sandbridge Beach Sewer Committee and Back Bay Citizens Alliance. Mr. Lane spoke in SUPPORT of sewers for Sandbridge and Ferrell Parkway, Phases VI and VII. Sandbridge generates revenue for the City through the lodging tax. Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, resident of Bay Colony spoke as a private citizen. Mr. Jackson requested Shore Drive Corridor from the Chesapeake Bay Bridge Tunnel to the Seashore State Park be added to the Gateway Project, #2-054, included in the proposed FY 1991-1991 - 1995-1996 CIP. Maxine C. Graham, 3057 Sandpiper Road, represented herself and the Board of Directors of the Back Bay Citizens Alliance. Mrs. Graham became a permanent resident of Sandbridge Beach, twenty-five years ago. Mrs. Graham has been a proponent of Sandbridge Beach sewer lines since 1974. Mrs. Graham requested the sewer line be moved forward and spoke in SUPPORT of Ferrell Parkway, Phases VI and VII. There being no further speakers, the Mayor CLOSED the PUBLIC HEARING. November 12, 1991 - 9 - Item II-G.1.B.C.D. PUBLIC HEARING ITEM # 35045 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: GENERAL OBLIGATION BONDS Public Fact I Iti es/Genera I Improvements $36,100,000 REVENUE BONDS Water/Sewer System $13,770,000 GENERAL OBLIGATION BONDS Roads/Highways/Bridges $ 8,000,000 There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. November 12, 1991 - 10 - Item II-G.2. PUBLIC HEARING ITEM # 35046 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: OPERATING BUDGET FY 1991-1992 Carry-over Purchases Not Delivered There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. November 12, 1991 - 11 - I tem I I -H. 1 . a ORDINANCES ITEM # 35047 Upon motion by Counci I woman McClanan, Counci I AUTHORIZED: seconded by Councilman Jones, City Fire Statl on at Genera I Booth Bou I evard be a II ocated FIRST PRIORITY aga i nst any ba I ance over and above Reserves set aside by Counci I Pol icy. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 - 12 - Item I I-H. 1 . b ORDINANCES ITEM # 35048 A motion was made by Vice Mayor Fentress, seconded by Counci Iman Sessoms, to APPROVE upon FIRST READING an Ordinance to adopt the FY 1991-1992/FY 1995-1996 Capital Improvement Program; APPROPRIATE $68,595,289 for the FY 1991-1992 Capital Budget, subject to funds being provided from various sources set forth herein; and, reallocate CIP funds appropriated in prior fiscal years. A SUBSTITUTE MOTION was made by Counci I woman Parker, seconded by Mayor Oberndorf to repriorltlze and reprogram $65.8-MILLION In road funds from areas of future growth for the following purposes: $50-M I LLI ON School s to offset the need for the 1992 Referendum. $15. 8-M I LLI ON - Allocated towards the Storm Water Management, Marine Science Museum and Diamond Springs Fire Station. Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE) Counci I Members Voting Aye: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Counci I Members Voting Nay: John A. Baum, James W. Brazier, Jr., Robert w. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and Wi Iliam D. Sessoms, Jr. Counci I Members Absent: None November 12, 1991 - 13- Item II-H. 1 . b ORDINANCES ITEM # 35048 (Continued) Upon motion by Vice Mayor Fentress, Counci I APPROVED, upon FIRST READING: seconded by Counci Iman Sessoms, City Ordinance to adopt the FY 1991-1992/FY 1995-1996 Capital Improvement Program; APPROPRIATE $68,595,289 for the FY 1991-1992 Capital Budget, subject to funds being provided from various sources set forth herein; and, reallocate CIP funds appropriated In prior fiscal years. Voti ng: 9-2 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Wi Illam D. Sessoms, Jr. Counci I Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Counci I Members Absent: None November 12, 1991 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 AN ORDINANCE TO ADOPT THE FY 1991-92/FY 1995-96 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $68,595,289 FOR THE FY 1991-92 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN WHEREAS, the City Manager, on September 17, 1991, presented to 8 City Council the Capital Improvement Program for fiscal years 1992-96, (the 9 "Program"), WHEREAS, City Council held public hearings on the Program to provide for public comment, WHEREAS, based on public comment, City Council has determined the need for the projects in the Program, WHEREAS, it is necessary to appropriate funds for the projects underway or beginning in the 1991-92 fiscal year as set forth in said Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the Program for the construction of, or addition to capital facilities identified for fiscal year 1991-92 through 1995-96 is hereby adopted and that projects listed herein are approved as capital projects. Section 2: That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3: That funds in the amounts aggregating $68,595,289 for capital projects underway or beginning in the 1991-92 fiscal year as set forth 28 in said Capital Improvement Program are hereby appropriated, subject to the 29 conditions set forth, as follows: APPROPRIATION 30 CAPITAL PROJECT 31 SCHOOL PROJECTS: 32 33 34 35 36 37 38 39 1-006 1-975 1-982 1-022 1-005 1-980 1-010 $ 1,640,962 Various Schools Site Acquisition Various Schools Stage Lighting Controls Replacement - Phase I Landstown Elementary and Middle Schools Tallwood High School First Colonial High School Modernization Corporate Landing Elementary School Ocean Lakes High School 50,000 914,196 974,393 500,000 6,942,411 1,000,000 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 100 SCHOOL PROJECTS: (concluded) 1-053 West Kempsville Are Middle School 1-050 Kemps Landing Intermediate School Renovation TOTAL SCHOOL PROJECTS ENGINEERING AND HIGHWAY PROJECTS: Roadwav proiects: 2-019 Indian Lakes Boulevard - Phase I 2-021 Rural Road Improvements 2-036 Roadway Advanced Land Acquisition 2-037 Landstown Road 2-040 West Neck Bridge 2-041 South Plaza Trail Bridge 2-055 London Bridge Road - Phase I 2-071 Dam Neck Road - Phase II 2-075 Rosemont Road - Phase IV 2-080 Indian River Road - Phase V 2-081 Tidewater Community college Offsite Access Improvements Military Highway South Plaza Trail Ferrell Parkway - Phase V Gum Swamp Bridge London Bridge Road Extended Flanagan's Lane Great Neck Road - Phase IV and London Bridge Road - Phase III Kempsville Road - Phase III Economic Development Investment Program Birdneck Road - Phase II Ferrell Parkway - Phase VI and VII Princess Anne Road/Sandbridge Road Intersection Traffic Safety Improvements Princess Anne Road - Phase III First Colonial Road - Phase III Various Cost Participation Projects Rudee Inlet Bridge Ferrell Parkway - Phase IB Independence Boulevard - Phase IV-A 2-084 2-086 2-096 2-122 2-132 2-134 2-137 2-139 2-141 2-149 2-150 2-176 2-816 2-820 2-833 2-837 2-903 2-936 2-987 Total Roadway Projects $ 3,000,000 175,000 $15,196,962 $ 1,063,464 300,000 100,000 156,268 147,862 27,890 133,240 147,063 1,642,726 4,171,391 1,127,116 210,077 70,656 890,203 438,491 2,161,837 479,601 30,000 300,000 300,000 60,000 62,000 200,000 791,078 133,240 100,000 39,439 41,877 76,980 1,048,733 $16,451, 232 Stormwater proiects: 2-020 Various Drainage Improvements 2-114 Princess Anne Plaza Drainage - Phase II 2-115 Rosemont Roa~ - Windsor Wood Drainage 2-170 North Beach Storm Drainage Interim Improvements 2-172 Queen City Drainage Improvements 2-179 Pine Ridge Drainage 2-181 Pocahontas Village Drainage System Improvements 2-182 Cape story by-the-Sea Drainage System Improvements 2-902 North Beach Storm Drainage - Phase III 2-964 Cleveland street/Columbus Street Outfall 2-991 Laskin Road Drainage Total Stormwater Projects Resort Area proiects: 2-049 Resort Streetscape Improvements 2-051 Resort Parking Improvements 2-066 Oceanfront Connector Parks Total Resort Area Projects 97 98 Coastal proiects: 2-830 Rudee Inlet Dredging 99 Total Coastal Projects TOTAL ENGINEERING AND HIGHWAYS PROJECTS $ 200,000 1,131,000 143,000 62,000 675,000 135,418 100,000 413,404 118,472 50,000 $ 3,028,294 $10,230,265 205,417 600,000 $11, 035,682 $ 255,500 $ 255,500 $30,770,708 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 BUILDING PROJECTS: 3-005 3-010 3-944 3-976 3-977 3-994 3-995 Underground Storage Tanks - City Beach Borough Service Center Fire station - Little Neck Fire Training Center Enhancements Judicial Center District Court Building Renovation Circuit Court Clerk's Office Renovation TOTAL BUILDING PROJECTS 4-935 PARKS AND RECREATION PROJECTS: 4-936 4-942 4-948 4-951 4-952 4-954 4-955 Princess Anne Park Expansion - Phased Improvements (Partial) Recreation Office and Storage Facility at School Sites Owl Creek Tennis Center - Pro Shop Expansion Scenic Waterways Improvements Neighborhood/Community Park Acquisition Development - High Priority Deficit Area Future Community Park Acquisition Tennis Court Renovations Athletic Fields Upgrading and Lighting TOTAL PARKS AND RECREATION PROJECTS TOTAL GENERAL IMPROVEMENT PROJECTS WATER UTILITY PROJECTS: 5-004 5-047 5-062 5-064 5-066 5-068 5-069 5-070 5-071 5-077 5-080 5-081 5-111 5-711 5-966 5-967 Dam Neck Tank Indian River Road - Phase VI Ferrell Parkway - Phase V Columbus Street Pump Station Modifications 17th Street Tank Modifications Comprehensive Water Study - Phase II Small Line Improvements - Phase II Various Highway Projects - Phase II Water Request and Agreement Projects - Phase II Ocean Park Water Line Extensions Lakeville Estates - 51% Type Sherry Park - 51% Type Avalon Terrace A and B - 51% Type Centerville Turnpike Atlantic Avenue Improvements Cavalier Park/North Linkhorn Park TOTAL WATER UTILITY PROJECTS SEWER UTILITY PROJECTS: 6-004 6-009 6-015 6-016 6-017 6-018 6-019 6-026 6-044 6-925 6-928 6-934 6-937 6-938 6-939 6-940 6-941 6-948 6-962 Landstown Municipal Property Salem Road "D" Infiltration, Inflow, and Rehabilitation - Phase II Pump Station Modifications - Phase II Various Highway projects - Phase II Various Sewer Projects - Phase II Witchduck Road Witchduck Point Terrace Avenue/14th and Parks Pump Station and Force Main Improvements Atlantic Avenue Improvements Cavalier/North Linkhorn Park Bay Colony Aragona Rehabilitation Princess Anne Plaza Rehabilitation Comprehensive Sewer Study Tanglewood Laurel Manor/Dogwood Acres Lynnwood/Michaelwood Timberlake Force Main $ 398,500 900,000 189,622 102,309 1,977,630 278,688 80,000 $ 3,926,749 $ 1,170,950 176,250 165,000 48,000 100,000 1,000,000 200,000 70,670 $ 2,930,870 $52,825,289 $ 605,000 40,000 155,000 250,000 60,000 100,000 530,000 125,000 250,000 30,000 835,000 1,340,000 84,000 170,000 455,000 200,000 $ 5,229,000 $ 193,000 30,000 650,000 100,000 100,000 697,000 22,000 1,526,000 200,000 674,000 500,000 715,000 500,000 325,000 200,000 1,325,000 1,145,000 660,000 614,000 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 SEWER UTILITY PROJECTS: (concluded) 6-976 Busky Lane 6-995 Lakeville Estates TOTAL SEWER UTILITY PROJECTS TOTAL WATER AND SEWER UTILITY PROJECTS TOTAL APPROPRIATIONS To be funded from the following sources: General Appropriations 1991 Charter Bonds 1991 Road Bond Authority Water and Sewer Fund Revenue Bonds Federal contribution certificates of Participation - Interest Virginia Public School Authority Reallocation of Capital Project Funds Other TOTAL $ 65,000 300.000 $10.541. 000 $15.770.000 $68.595.289 $12,024,018 26,100,000 8,000,000 2,000,000 13,770,000 62,000 400,000 1,096,356 5,040,606 102.309 $68.595.289 Amounts appropriated above amend any 1991 - 1992 fiscal year allocations previously authorized in the FY 1991-92 Operating Budget adopted by the City council on May 14, 1991. section 4. That the Resort Program Capital Project Fund shall be used for the purpose of accounting for the revenues, appropriations, expend i- tures, and encumbrances associated with the resort area capital improvement program. Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Program and real- located as follows: SCHOOL PROJECTS: TRANSFER TO: 1-003 Kellam High School Modernization 1-991 Bayside High School Modernization TOTAL TRANSFERS TO TRANSFER FROM: 1-945 Elementary Schools Physical Education Classrooms 1-977 Various Schools Window Replacement TOTAL TRANSFERS FROM ENGINEERING AND HIGHWAY PROJECTS: TRANSFER TO: 2-048 2-113 2-170 2-172 2-175 2-176 Boardwalk Revitalization NPDES Stormwater System Permit Application North Beach Storm Drainage - Interim Improvements Queen City Drainage Improvements Independence Boulevard - Phase IV-B Princess Anne RoadjSandbridge Road Intersection $ 53,948 24.565 $ 78.513 $ 29,513 49.000 $ 78.513 $ 575,000 600,000 20,000 174,767 414,000 400,000 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 ENGINEERING AND HIGHWAY PROJECTS: TRANSFER TO: (concluded) 2-810 Centerville Turnpike - Phase IA 2-819 Ocean Park Storm Drainage 2-987 Independence Boulevard - Phase IV-A 2-991 Laskin Road Drainage $ 2,608,915 260,000 2,019,361 1.700 TOTAL TRANSFERS TO: S 7,073,743 TRANSFER FROM: 2-034 2-061 2-063 2-064 2-065 2-070 2-082 2-083 2-091 2-110 2-148 2-901 2-902 2-910 2-935 2-951 Pavilion Drive - South Lynnhaven parkway - Phase VII Ferrell - Phase IC Independence Boulevard - Phase IIA Indian River Road - Phase IV Northampton Boulevard - Phase II Independence Boulevard - Phase IIA-1 Indian Lakes Boulevard - Phase II Independence Boulevard - Phase IIA-2 Southhall Quarter Drainage Various Bikeway Improvements Holland Road - Phase IV North Beach storm Drainage - Phase III General Booth Boulevard - Phase II Lynnhaven Parkway - Phase V Lake Banbury Outfall Drainage $ 279,867 400,000 375,000 750,000 200,000 700,000 350,000 500,000 900,000 50,000 74,272 744,604 220,000 1,000,000 500,000 30,000 TOTAL TRANSFERS FROM S 7,073,743 BUILDING PROJECTS: TRANSFER TO: 3-002 Marine Science Museum Expansion Design s 450,000 TOTAL TRANSFERS TO s 450,000 TRANSFER FROM: 2-049 Resort streetscape Improvements s 450,000 TOTAL TRANSFERS FROM s 450,000 WATER AND SEWER UTILITY PROJECTS: TRANSFER TO: 5-097 Busky Lane/Poyner Lane - 51% Type $ 60,000 5-104 Calverton Lane - 51% Type 50,000 5-111 Avalon Terrace A and B - 51% Type 346,000 6-004 Landstown Municipal Property 466,000 6-026 witchduck Point 144,000 6-040 Lynndale Estates 260,000 6-043 Bonney Road Pump station and Force Main 600,000 6-044 Terrace Avenue/14th and Parks Pump Station and Force Main $ 900,000 6-940 Tanglewood 140,000 TOTAL TRANSFERS TO S 2,966,000 TRANSFER FROM: 5-008 5-009 5-010 5-011 5-023 5-024 5-026 5-027 5-028 5-029 5-031 5-032 5-033 Trantwood Shores - 51% Type Wolfsnare Plantation - 51% Type Great Neck Estates - 51% Type Southern Points - 51% Type Lakeside Drive - poplar Point Road - 51% Type Hawkins Lane Water - 51% Type Bellamy Manor - 51% Type Bells Road - 51% Type Dwyer Road - 51% Type Linkhorn Point - 51% Type Shorehaven - 51% Type Stewart Drive - 51% Type Weaverville - 51% Type $ 6,978 8,969 35,877 59,691 2,433 7,096 57,691 34,262 49,813 21,169 55,413 36,978 8,191 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 TRANSFER FROM: 5-034 5-043 5-071 5-304 5-622 5-800 5-817 5-833 5-837 5-839 5-925 5-939 5-948 5-963 5-978 5-979 5-982 5-985 5-987 5-989 5-997 5-999 6-315 6-316 6-605 6-815 6-824 6-833 6-913 6-917 6-923 6-929 6-933 6-943 6-952 6-964 6-974 6-979 6-980 6-981 6-982 (concluded) London Bridge Road - Phase IA Baxter Road Connection Water Request and Agreement Projects - Phase II Small Line Improvements Shipps Corner Road Virginia Beach Boulevard Main - Phase II-A East Cape Henry Drive Various Highway projects Recreation Drive - South Lynnhaven Parkway Linkhorn Estates Water Landstown Pump Station Modifications Kempsville Suction - Phase II Lynnhaven parkway - Phase VI Reedtown Area Indian Lakes Boulevard Newtown Road Parliament Drive Shore Drive Alabama Road Kempsville Road Main - Phase II Credle Road Birdneck Road - Phase IA Queen City Various Sewer Projects Pump Station Modifications Infiltration, Inflow and Rehabilitation Various Highway Projects Linkhorn Estates Sewer Little Neck Road Force Main Holland Road - Phase IV Reedtown Elizabeth River Shores Croat an Beach Linkhorn point Lakeside Drive/Poplar Point Road Baxter Road Hawkins Lane Sewer - 51% Type Bells Road/Credle Road River Road Shorehaven Dwyer Road $ 55,621 6,517 136,273 105,455 95,478 90,500 40,155 56,114 30,362 8,877 138,756 41,207 6,071 448 580 74,864 1,050 2,545 4,488 10,403 3,330 19,029 37,974 641,849 67,205 413,954 92,242 5,357 93,568 562 18,864 13,736 122 77 , 185 1,323 96,705 353 16,294 21,056 39,045 15,922 TOTAL TRANSFERS FROM $ 2,966,000 Section 6. That additional appropriations and the addition of capital projects shall not be initiated except with the consent and approval of the City council first being obtained. Section 7. That the restriction with respect to the expenditure of funds appropriated shall apply only to the totals of each project class. All contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availabil- ity of funds by the Director of Finance prior to the initiation of work on the contract. section 8. That this ordinance shall be in effect from and after the date of its adoption. Section 9. That if any part or parts, section or sections, sentences, clauses, phrases of this ordinance is for any reason declared to be 324 325 326 327 328 329 unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Adopted by the Council of the city of Virginia Beach, Virginia on the day of First Reading: Second Reading: , 1991. November 12, 1991 ~~~~ SIGNATURE N~~/ ¿ø'~~ T DEPARTMENT APPROVED AS TO lEGAL SUFFICIENC~. ~ .f17- CITY ATTORNEY - 14 - Item I -H. 2 ORDINANCES ITEM # 35049 Upon motion by Vice Mayor Fentress, Counci I ADOPTED: seconded by Counci Iman Sessoms, City Ordinance authorizing the issuance of General Ob I i gati on Bonds of the City of Vi rg in i a Beach, Virginia, in the maximum amount of $36,100,000 for various Public Faci Iities and General Improvements.* Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC I anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None *As per the Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, pertaining to appropriations ordinances/resolutions (ADOPTED September 3, 1991), this Ordinance did not require a FIRST READING, as stated in the Agenda. November 12, 1991 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $36,100,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia, (the "City"), 7 desires to authorize the issuance of tax exempt general obligation public 8 improvement bonds for various purposes in the maximum amount of $36,100,000 as 9 permitted by the City Charter without submitting the question of their issuance to the qualified voters; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City to construct and improve various public facilities and general improvements, all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $36,100,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued public improvement bonds of the City in the maximum amount of $36,100,000, to provide funds, together with other funds that may be available, for the following purposes: School projects, including planning, design, construction, renovation, site acquisition, expansion, equipping, and furnishing of schools and related facilities. $ 9,060,000 Engineering and highway projects, including site acquisition and improvements, design, planning, construction, improvement, replacement, expansion, and extension of streets, highways, bikeways, and bridges. 20,894,026 Drainage projects and outfall improvements including channel improvements and pumping stations. 2,766,294 Building projects, including design, planning, construction, improvements, renovation, expansion, equipping, and furnishing of a Beach Borough Service Center, other municipal offices, fire and rescue stations, courts, storage, and other facilities. 1,596,810 Parks and recreation projects, including new athletic fields and park facilities, upgrading existing athletic fields, renovating tennis courts, park improvements, storage, and other facilities. 1,782,870 TOTAL $36,100,000 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 47 Any amount not needed for any of such purposes may be used for any other of such purposes. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 5. The City intends to advance funds from time to time from its general fund to pay expenditures related to the projects to be financed by the bonds and to receive reimbursement for such expenditures from proceeds of the bonds. The City intends that the adoption of this ordinance be considered "official intent" within the meaning of Proposed Treasury Regulations S 1.103- 17(c) promulgated under the Internal Revenue Code of 1986, as amended. 6. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 7. This ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 , 1991. day of November Requires eight affirmative votes for adoption. ~- ~~eNTS ~ SIGN RE ~a.,/ ~~~ DEPARTMENT AN>ROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~~~ CITY ATTORNEY - 15 - Item II-H.3 ORDINANCES ITEM # 35050 Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council ADOPTED: Ordinance authorizing the issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $13,770,000.* Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None '¡~As per the Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, pertaining to appropriations ordinances/resolutions (ADOPTED September 3, 1991), this Ordinance did not require a FIRST READING, as stated in the Agenda. Item II-H.3 and II-H.4 were voted upon in ONE MOTION. November 12, 1991 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 2 3 4 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $13,770,000 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), 6 desires to authorize the issuance of tax exempt water and sewer system revenue 7 bonds in the maximum amount of $13,770,000 for financing improvements and 8 expansions to the City's water and sewer system (the "System"), as permitted 9 by the City Charter without submitting the question of their issuance to the 10 qualified voters; 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 1. It is hereby determined to be necessary and expedient for the 14 City to continue its program of improving and expanding its water and sewer system (the "System") which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $13,770,000 and issuing the City's revenue bonds therefor. 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of $13,770,000 to provide funds, together with other available funds, for financing the costs of improvements and expansions to the System. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including the City, and shall so state on their face. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefor, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. s. Such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer revenue obligations. 6. The City intends to advance funds from time to time from its water and sewer enterprise fund to pay expenditures related to the projects to be financed by the bonds and to receive reimbursement for such expenditures from proceeds of the bonds. The City intends that the adoption of this ordinance be considered "official intent" within the meaning of Proposed Treasury Regulations § 1.103-17(c) promulgated under the Internal Revenue Code of 1986, as amended. 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. This ordinance shall be in full force and effect from its passage. the 12 Adopted by the Council of the City of Virginia Beach, Virginia on d f November ay 0 , 1991. ~~?TS SIGNA TU d~4~¿~~ -- DEPARTMENT APPROVED AS TO LEGAL ~~7 AND FœM ~~~ !TV ATTORNEY - 16 - Item II-H.4 ORDINANCES ITEM # 35051 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Jones, City Counci I ADOPTED: Ordinance authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $8,000,000 for Road, Highway and Bridge purposes.* Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None *As per the Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, pertaining to appropriations ordinances/resolutions (ADOPTED September 3, 1991), this Ordinance did not require a FIRST READING, as stated in the Agenda. Item II-H.3 and II-H.4 were voted upon in ONE MOTION. November 12, 1991 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY, AND BRIDGE PURPOSES 6 WHEREAS, the City Charter permits the City of Virginia Beach, 7 Virginia, (the "City") to issue up to $8,000,000 of general obligation bonds 8 in any calendar year for road, highway, or bridge purposes without submitting 9 the question of their issuance to the qualified voters provided that the City has met the requirements of Section 6.05:2 of the City Charter; WHEREAS, the City desires to authorize the issuance of tax exempt general obligation public improvement bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without submitting the question of their issuance to the qualified voters; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City to continue its program of road, highway, and bridge improvements, all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $8,000,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the City Charter, including Section 6.05:2, and the Public Finance Act of 1991, there are hereby authorized to be issued general obligation bonds of the City in the maximum amount of $8,000,000 to provide funds, together with other funds that may be available, to continue its program of road, highway, and bridge improvements. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as a part of a combined issue of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City for the payment of principal, premium if any, and interest on which its full faith and credit shall be irrevocably pledged. 38 39 40 41 42 43 44 45 46 47 48 49 50 5. The City intends to advance funds from time to time from its general fund to pay expenditures related to the projects to be financed by the bonds and to receive reimbursement for such expenditures from proceeds of the bonds. The City intends that the adoption of this ordinance be considered "official intent" within the meaning of Proposed Treasury Regulations S 1.103- 17 (c) promulgated under the Internal Revenue Code of 1986, as amended. 6. The City Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 7. This ordinance shall be in full force and effect from its passage. 12 Adopted by the Council of the City of Virginia Beach, Virginia on November the day of , 1991. SIGNATU ~¿~~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~ ITY ATTORNEY - 17- Item I I-H. 5 ORDINANCES ITEM # 35052 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Counci I ADOPTED: Ordinance to APPROPRIATE $13,570,582 for Fiscal Year 1991-1992 for carry-over purchases not del ivered. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. CI yburn, Vi ce Mayor Robert E. Fentress, Harol d Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC I anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 AN ORDINANCE TO APPROPRIATE $13,570,582 FOR FISCAL YEAR 1992 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1991 WHEREAS, during the course of business in fiscal year 1991, purchase orders or contracts were issued committing the city to purchase of materials, supplies, equipment or services for use by several departments, divisions or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1991 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1991, there were purchase orders or contracts totalling $13,570,582 for which materials, supplies, equipment or services had not been delivered or invoiced. OF VIRGINIA that funds NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY for the BEACH, totalling $13,570,582 purchase or contracts outstanding on June 30, 1991 be orders appropriated to fiscal 1992 operating budgets for the respective departments of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. from in BE, IT FURTHER ORDAINED that the appropriations be offset funds the following respective and additionally fund balances in the General Fund by an increase in estimated $141,028 from the Federal Government: revenues of $398,340 as proceeds from lease purchase financing and General School Operating Water & Sewer Golf Course city Garage Telecommunications Print Shop Risk Management Marine Science Museum Capital Projects MH/MR/SA Parking Microcomputer DEA Seized Property Athletic Special Revenue School Cafeterias Information Technology Library Gift Total from Fund Balances $ 5,915,603 5,592,605 735,757 38,905 145,393 76,958 28,906 223,790 11,209 16,118 11,690 60,033 20,737 15,412 21,426 29,016 86,456 1. 200 $13,031,214 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of February , 1991. ..... - 18 - Item 11-1.1. RESOLUTIONS ITEM II 35053 Attorney Grigsby, Scifres, Clark and Stant, 900 Sovran Bank Bui Iding, Phone: 473-5345, represented the applicant and was in attendance to respond to City Counci I's inquiries. Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City Counc i I ADOPTED: Resolution approving the issuance of Multi-Fami Iy Residential Rental Housing Bonds by the Virginia Beach Deve lopment Author i ty, in an amount not to exceed $3,615,000, to Si Iver HI II MI II Dam Associates re financing, acquisition, construction and equipping faci lity. Voting: 10-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Counci I Members Voting Nay: None Counci I Members Abstaining: Wi Iliam D. Sessoms, Jr. Counci I Members Absent: None *Counci Iman Sessoms ABSTAINED as his bank, Central Fidelity considering issuing a letter of credit for this application. Bank, is November 12, 1991 SUN"IM~Y ~"EET CITY or VIOGINI^ nE^CJI DEVELOPr-'ENT ^IJTIIOOrTY INlHJSTRIM, DF.VF.l,OPNF.NT OF.VENUE naND t. POOJF'.Cf N^ME: 2. LOC^TION: 3. DESCRIPTION or PROJECT: 4 . MIOUNT or OONn I SSIJE: s. PRINCIP^LS: 6. ZOtl I NG C [,^SS I PI CNrr ON: a. Present 7.oning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? SILVER HILL APARTMENTS -- Mill Dam Road near Great Neçk_R~ --1~~artments for the ~ldeKly---- and handicapped -- $ 3,615,000 --- Silver Hill Mill Dam Associates ----- .~ Partners: __Richq.rd __M. Wai tzer ---- Bradl~y J. Waitzer Edwin S. Waitzer Scott D. Waitzer R-lO with Conditional Use Permit Yes N 0 -----X- ll/~/~J f[SC^L [I.tP^CT .~T.\T[;tr:NT D^TE: September 27, 1991 TO: Tllf. C[TY COUt!CIrJ Of 1/TP.GUl[¡\ [)r.^ClI, l/[pr~lill/\ ' PROJECT NMtE: SILVER HILL APARTMENTS TYPE OF F^CILITY: Apartments for the Elderly and Handicapped I . Maximum amount of fin<lncinq sow1ht 3,615,000 ,.. ~ --.-. ----------- 2. Estimated taxable IJalue t)[ tÎle f;¡r:-i 1 i t:¡'" real property to be constructed in t:h~ municipality $ ____hO OJ) LQJ2-0__- 3. Estimated real property tax per. y~;¡r using present tax rates $ 32,700 4 . Estimated personal property tax r~r year using present tax rates 1,000 $ s. Est i rn a t ed mer c h ant s' cap i t é1 1 (~\I sill e " -; lic':!nse) tax per yeëlr usinrJ pl:,..~;pnf- 1."1:< rates ,.. N/A " ------------- $ 144,300 ~'~~'~ 6. Estimated dollar value per year of ar)nr]" and services that will be purchased locally 7 . Estimated number of regular employee;., on year- round basis - -_4.._-- $ - --.._l.5..,.3.3.2.-- - 8. Average annual salary per employee The information contained in this Staternent is based soleI:; on facts and estimates prov ided by the I\['pl icant, and the Authority has made no independent investigation with re['ect thereto. City of Virginia Beach Development Authority ~'~~'~ r/ " -- /:} ¡ - By ~~tt-LL~+-____--- l h ,"1 1 rln ëI n Insurance Legal/Acctg. Supplies Trash Removal Gas Electricity Water & Sewer 10,500 2,000 25,000 4,200 26,000 49,000 27,600 144,300 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 1 2 3 4 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, APPROVING THE ISSUANCE OF MULTI-FAMILY RESIDENTIAL RENTAL HOUSING BONDS TO SILVER HILL MILL DAM ASSOCIATES WHEREAS, the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (the "Authority") has considered the application of SILVER HILL MILL DAM ASSOCIATES, a Virginia general partnership (the "Company"), for the issuance of the Authority's multi-family residential rental housing bonds in an amount not to exceed THREE MILLION SIX HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS ($3,615,000) (the "Bonds"), to assist in financing the acquisition of a 2.372~ acre parcel of land located on Mill Dam Road 750~ feet east of Great Neck Road and the development, construction, furnishing, and equipping of an approximately 124 unit residential rental apartment facility for aged, handicapped, and disabled persons on such property, together with all necessary and related personal property, furniture, fixtures, and equipment (hereinafter collectively referred to as the "Project"); WHEREAS, after proper notice of public hearing as required by law, the Authority has considered the application of the Company and held a public hearing thereon on October 22, 1991, as required by section 147(f) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "State Code"); WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with section 147(f) of the Tax Code and section 15.1-1378.1 of the State Code; and WHEREAS, pursuant to section 15.1-1378.1 of the State Code, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed on, a fiscal impact statement, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the city. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the city approves the issuance of the Bonds by the Authority, in a principal amount not to exceed THREE MILLION SIX HUNDRED FIFTEEN THOUSAND AND NO/100 DOLLARS ($3,615,000) for the acquisition, development, construction, furnishing, and equipping of the Project to be located on a 2.372~ acre parcel of land located on Mill Dam Road 750~ feet east of Great Neck Road in the City, providing sanitary, safe, and affordable residential rental housing for the benefit of individuals and families of low and moderate income, including aged, handicapped, and disabled persons meeting the requirements of section 142 of the Tax Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by section 147(f) of the Tax Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith or credit nor 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 the taxing power of the Commonwealth of Virginia, the city, or the Authority shall be pledged thereto. 3. In approving this Resolution, the city, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from: (i) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable multi-family residential rental housing bonds limit to one or more other projects; or (ii) the Authority's failure for any reason after the issuance of the Bonds for the Project to allocate a portion of its allowable multi- family residential rental housing bonds by the Authority is restricted by any state or federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately on its adoption. ADOPTED by the majority of a quorum of the Council of the city of Virginia Beach, Virginia, on November 12, 1991. I hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Council of the city of Virginia Beach, Virginia, at a regular meeting held on November 12, 1991. Clerk 86240002 rescc.cgs Dtp¡\fr(;:"ri'-:r 2 --- EXHIBIT B Virginia Beach has a critical shortage of affordable rental housing for moderate income senior citizens and handicapped citizens. Many of these people pay 40-60% of their monthly income for housing. Currently, existing facilities such as Russell House, Luther Manor and Beth Shalom Sands have longwai ting lists and applicants generally must wait from 3-5 years to gain admission. According to the Census data, this shortage of housing will grow more critical in the coming years. In 1990, 34,287 persons aged 60 or older lived in Virginia Beach and this segment of the population is projected to grow to 47,780 persons by the year 2000. The proposed project will provide long-term affordable housing for these citizens. Since the proj ect was announced, 82 senior citizens have already asked to be placed on the project's waiting list. This confirms the critical public need for the project. 86240002/exb.cgs B-1 EXHIBIT C paragraph 3 continued. Richard Wai tzer Properties is a sole proprietorship owned by Richard M. Wai tzer. The shareholders of Murray Wholesale Drug Corp. are the same individuals as the partners of the applicant. 86240002/exc.cgs C-l G H J I76"O230~' 2.72K,OOOFT A, Y,-;, BT"- ,."C". ,r.. " :",,?~.:o.~::~. Bn.b!"~~~f#~ITIINPOII1 IIAL~~4VÈ;;' ',,-:"-,' ,_",1'-,'," .(!~r,'-r:¡-,/~"r;:'\..'I",(-r!. r'.,.~..,', v.. \ IH"'s """","I""-'d"-""""'-',,_..,,-(',\,.,I"r I,r.:, /~<"~~~,~,, ~' '" ~ a' <.I~'. '::<;~,:,,/,\j :;7;-:/( ::Y;:": ~,::'~<,/,;,T:S/iEt,;~.'~,~.'~ ."~~.. )~ j , rr... -'0 ' 4~, '-"1.:',- '-"r-,-:-;~;.C!j£~""r,:.,,-\>cr;,-;"'c(r\(r',I.;, ¡ç., ",,~¡,. - I/; ~ q.:,q rÞ ,-, : r r' - ..' r-o;, '-,' " ,,-' ()'-'d'-':,~' _.;,~ .~ ~,,~<"((~ ~,,' ",.."r->"'_:""'-"-"r,.;"-I'r~.r,~¡.e',,. /'Oifo"<"~J)' )'/~ "-i~ ~.... ' "Oi!',~' _',/',-.":'><'r.':¡-,;,";.>:i'--,,:;<,'~!'rr(',:-,.!".;:, F".f ;- v'"' "" ~V ~ ':1 ( ~ -~>:.~ ~... US'u,J I'U ~ ~(,".-(';'r':"/~~'_.U\r-'f'- Q. ~ r--/7'---h ~.;¡:,:.. .' '., ,--",',',rrr"""-J.;r"\(J, '~~ ~T ;!",.~,;;,-:; <ð' .,'" ,.. ~"'... ~,~,,\. L(~c ,~~~ ,~ , ¡NarrO~'ina ~~' '--,1:,.':,'~, '~:~;~'Jt,..!- ~:.-~;~;.,'~,('," ~;"", ~F,T;~ ~~:,;(,~ ~'~~-r" I'fo~'. q; "s1" /'-' ~\,~ _~"'I~~ ,'r',.. ,-..-; ,""~ """..,:.o:-,_rr.':-" ~,~tg ~ ~~~~ ~ ~~;ro~, :, ~r'",...,. " .l.( - ,s A;~:BE ~E 4 ~';~JN Norm I\' -- ~":.>:(;.'>.;':" ';:'~~..'~, Ir~.;~';,"\",:':::'.~(',',:f¡.;~~.>;.,,~; 1:',;,-1, ~~~; , .,~(i~ ~~ointGr"~\.I\l\"¡ ,,¡fA êil¡~ BAY IR~900 f~~' '~' C~í.<:-"~,:~;~¡-;,,..~,:,~' -':i-~v~r:) t¡, A~" ~ ~.." CC ~ )) er,ebe. ~~~ ~3 BR~ ~ E 51 RD ~i I/.- <:: ~~~~~"Ol~)\ '. ; ~.< :'.:~ ~", ':'~«¡;;'.' ~ '~~~;'( ~ ,\ ~"3~<Q. ~s::; 1".,..4'-Ø!fj ,Cove,~OJ ~A ~ g ~ U""" ,~ " -r;':-'-,:,..-,.. 4 "I,C;.( ~,"': £'o",~~~í.ç" JW'" ~~i;¡ ~,.' ,/i>J :'<f;-..' ~~":: ""DON;" '9 '£ ,r ";~I'<,,!. ,',( ,('j;, )',";>:\-.- c~~ .Xì~",."','~,'.', ",~"', ;'L~i..r:'é i';"\,:sf~!~~~ ~~ ~~' Trr.'1,.~((I4':,~~,P\L',;~¿~. r". ~;¿~i',!~~;r7,:;'( '-'"", ~~\'7.!!1C,i;;'::- ~ t\ E '" W ~ '--~~~' ~--..., "....i°N' r:'~l:I, ,(',','- I -",'r'-,'..,' "E~I'o\ E!I f"fJ~~OO 1>. ,f ,. BA' ~F ~ gC~LU ~'o;; ~ I'.£'.'~ ,s,s 1£- I - ~ -----------~~ {~~;~. ¥'1,~~~ <S,~ 0.,0 ~~ "t:~n~e~~~. ~: s; ~~\7: ; ~~ V~¡iV~.",. ~,.(¿ ~ ~'~ g ~or¡~ ~ Pt',~' ':-,J\1 AFRE ~~ ~ ~ '" ~~~.. - hi Alanr-~ '..." "\V t '~ñ'~r !f~AiEt>I/,\\ \::..:...i..>tAviEf":JY,\-Ç~ 'b ~ EArlE' ~ antonll~~.71ii!~)!vE1f"; CD::! ',ro_' ',.(.N:" <~~ ;:~.¡.\.Ç ~.:>. <'<:)~ ANOR ë ES II "M 'tu.AN'fQl, \:1> ::; ,..~~ ~ ':- ll'o ",",-;'cu -1' ~ '1- ~ 'Ii. ~~ -<,'8, -~.f'! '" ~ :I ¥i 1 ç ~ --', ~ - ~~ .lE51~ RERð.',~€,ÇK?JnO..,,~ Ý ;;;~~ "'~W'N.D lr~ R "'; ~ ~3 "... C"> 'sG~EAT NEC, ír' rã¿: ~ ~\'" £'~ ME ~ 0 )) r; I I ¡ - en AS ! ~;IN,-~~E ~ICIR "U(ð Gee ~~IJ; \\~~'-'I4(( ¡,.C ASHI, lORi, J C------' ~ ç-" ti' ¡;~I/~!L '" C) c:FÄb ~ E. (; ~ :1i~ ~ ~i'~ LEY ~I ,I,..... I ::D---' (~'--' q, AK! !t:J ¡¿I~~ ~~~:~-i '" - II ~ :I; ~\ 44-.:10 bOHOUSroo ¡ Rn ;----; f¡4~:'J ;; ; '" ~!1I" y" , D5r.v"vf l-~ f (~ 0 'b \ ~ °0"\\ 7[ ~.(-.. ,""t' !J1g!.y¡ ~ '.. ï~ ,/ Y'" rT~ÏI<-'nr:::."';,alre ~) ~e¿k -.p °+.-'" LlNKHORN I II~ ~50~í-"- ,'~ .rtJ.I/OSO I~ ( ^f'. '.---;J-fl'fo/ ¡¡j ,~t~~~ê -,,~ ll!\~~~,~~~~1~,'~~,W,.'A:'" N <I' "'.....~apeH~n~y ~~ is II ßlu~.~~~\1L,-"-,.../;~P\;\\.~\,o,,').,. ...~'.",.. )~l!L I'~" f "F ) =) ,~'<;¡' lr~ +i~,,~ '-' ""'o~~R~S'O UC~ll I.:.':::-~ ~~~~ ~lJegrate s! OH HDFF ~ ~VLi'NK:A / ~/ =r-~ , '( ( .::'.~ $ J!J,; ~;;,1f.t; 0 " ~O~~fW"OO, J[ E 'C~tJOR t: "'~'--?H 5'~;----... -:'~~RO ~ < '" ~";:, '" ~ 3' ~... <Ì CIR ~:!' Sande WAI $ ! \...J / I .;, .:; ~ í'-: ~ ) '" \\k"> "'-' ;:~" <ij ~~<§11 <ò r;;uNDERB HS, f)) 1800 ~(1 '---- RO \~- := ,it é <.; ",'" J~<o, DR IRO ¡;:: \.' I :;: l nu Ji. '/I. ~ rs?~:'-"'V""~13[J() f:?...JJf#-e<".¡.,FAI~~, ""-.YtIïOOtOE ),,~ WAY --" ~èi ,'" \~<')~l\ ~~~óv ,,'èf q"/Jrv~ ~"",1~, /:,.\~~~~::~ON~CHtJ,-------',' "C?<,BirdNeckPtj' U77 ~æ'~~ßu~ff~KE'" "'~)' 7sO"BA¡";; F o<¡¡, , 1 0 ~ ~ Mq~B~~ ~1J:l~ g~~' ,D ,.-j,~ CIR"~ \P;BA '~::OOH~L ""', ~ ~ o~ ~ \t---...." =N;~'~o \(:a~a~;Gh~ c£l ~ ' ~~E~T A~,"'~' "Of ~ " .. ~~.;;" 'ð ~v--- % Ii ¡" , h ~~ IRWuEtASj/[ft5¡ 1 tHe ¡ '--/"" an Princes~. II . u~ '.:1 %'-'= ~ ~ o~ I ;¡¡ ,/..... r, ~$ ,¡.<,,~ ... ~ ~ - rantwooi II""U~J, ~9 Mem Pk ,TIMSR~I o'&fal + '" I Deac~\'. ~'~-"25(lJ,:~ - nkhorn ~,~ !') \ ~:, 50 !i,HERN "~~ R enera >ti\<¡'V INK' ORti"J "'oint I L.'ì~"fo . ;-;1 -¡ D :11 DR-"" RO b- ~ ~ if i"'i:lJé OOIl~"O" ~\\.\.\) ",GOO., .'"J:, STi~f;'\), ') ~/')\~\\ \\e,"" -íJ~~ ~~('llll~~l~~GSTRE,ET¡)~~~ ...'" :~O ¿Iii! '<I ~~. r, :~!:i ~E t ..,~I<;:' t,~~i'ß-"~:~:"'II'I". ,;; , - ~~ii~~,\ '\ '1(( "'(~~w ~li:!iQ::j ~if..." RAG 5;" ~ CUTl~ -ø ,,~ AUT M Vi aclJ".¡~ ~"l Olbl't~/' ~'- """ ../'~~1' \ ~ ") ¡;. \'-' ~..\.!I_J) (1f::ìt,$' J/¡r SEX '::';/,RI G~./"ì-.~~ F Me ",¡¡rf30 ~M f,' ,,<$> :\ P": ~~\\(,fl' Ì\, ~:~ "~~ \.:~?-~«"\.$~('(O}-~ 'to ';;.\¡¡kt:~\.\ìSt De :,;-.11 I ::=Jf;"r*~~RD'i I~ ~\It~~i+ ;~í ;~~ :~('f::::.L.~.£ß~ ~ ~ JR~~~I~~~y~itf s,'1o ~, r~ ~~f¡i!!f:~:SPto~) 4:- ;'.1i'-~~ ; ~.~~, ~~~~~.\ ~L;~~.I~t; J~&rø~~!A ~~,~ ~ ~ ~ ~~STA~~OR~IR~~ ~. ~ ~~o;t~~~¿~~~W 'E ~~~'0: ~~ ~ ~')~~ ð~~ ~ ~~~~~~gt C~~~ ~L \t\lI'o~1~;ON. ~,~""f} 0 \. "'\J1 ""~ ~~<Ø>'f'~\~ '.u~ ~~'t~¡;7}'¡",)í ~U°!:l çf'~}iTNGT\VN ~¡;; TAN CA '1-"" 01';., ~ ~~ '.'E?1jl,' ./.c i), ~4f!/~j-M/ -", t SQUARE! ~ -t<.'i'( ",' "'~~ ~'f' 1/ -Q ~,~ l.~9",-7 WOUSN ~E 'i' ~ ~ 2/00 PRINCE GEORGE CT ' o~~~~~l <""I:( ~ %. "",-9<:)N "", - v ,( ..'\1, '0' -' R PRIN ,.". ',-:--'" "L....~ I Domin on .§~ii1Ç;ee.m"';;¡~ ~\~ ~ ~~\SIER ... 1;;\ ~" ? ~ ~ ~ ~ ~-;/ 1"<11'" ,.~-;"': (' ub. .L ..JL =-: ~o. " , r(,'~ CJ¡ - I"'~ > HIII'op ~ ,,~ ~~ ' ... ~ '~D~ ",~UVE '5 '\"'~" ,. -~¡: --r 0 ." ~ ~~~'}" -,\I>URll !600 East ~ "\ \\Dl,/!I::ï '" ~~ ~, ~ '~~\.f.~ RIV -..¡;,v ~~ r< SJ MABLE'" ... ~ ~ Shop CIe", 1400 .Ñ "'~--- ~ ~ ')' ~l<."£"4i'Oi7«"t~ ì ~# N D. I.. (U"~ ~I, ~ m HOM~ì~ ¡~~~~ \\þ-. lINlIER'" \ "'IßiJ._9 ç ~~c- .:::-~~.... ~~~ ,ijOc.o,,¡:/- '" ¿¡ "'-Þ.\?,~,rr' ~:~~~~~!J " tingr-... nkhorn48 I"HOt~IPIl,~ /ê~OIIIT ~;"'~-~'f~..-¡"r~<i,<>..~.r.^ ~ ~(j.~, ..-rM"HE"'sfö~v sc Ii'" ~ - H~f1 Sch8 ~íB.(~\ CLUB- '-.-" ~v o.'¿(-97.Í:J.," ....,';;<".(.(- .{i' " -"'M 51 """os S ~ \ A Q ro ;.iJ\~ """,~,~~~....'iYæ:-'\!i ,--;::: 9".- 'n' PRINCEMICHAElCTìAP ; \Þo~ AUTO I ø - 'o,¡, ~:; ßA ~ ~.". ~"ç~~~ ~~~ 1I'§1ìt; wnoJ;?S <".fs?'. I s~~: 1-\ \:) ElCOME ~ ¡al4.~1 !3\\~' c AU ~ 'V~~¡:;, , A~~-9.... N <iJ.\.~ C CH~ìŒ,¡rVALLYRO\\<';~~\.\.-9E~4~~ 1I~~..Isa. ~CT IIII~ ..J~~, Hl PE'ìfr'.E,.ECT~CT, FREEM~,',- .,11' ~, _.~~I... -" ß.¡o <J~" . Eß~A /0 r~r~~I~r1.~~~ ~'> ~"4-jiJJ 1&tJrr/L f~'_O9= j - QJ 0 S~~rF ð-""'Rff= '{/ISCRE , ~,.,II r? -,~, ~ 11".... ro.,- "iE:Ifi"14tJ/J l¡;:¡nr~ '~I EXHIBIT A The property is located on the south side of Mill Dam Road, east of Great Neck Road. 749+ feet A-I - 19 - Item 11-1.2. RESOLUTIONS ITEM # 35054 Upon motion by Vice Mayor Fentress, Counci I: seconded by Counci Iman Clyburn, City AUTHOR I ZED SCHEDUL I NG OF PUBL I C HEAR I NG FOR DECEMBER 3, 1991, re proposed issuance of revenue bonds by Newport News Redevelopment and Housing Authority on behalf of Virginia Mountain Housing, Inc. for multi-fami Iy housing projects in Virginia Beach and Newport News. Votl ng: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi II iam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 - 20 - Item II-J. CONSENT AGENDA ITEM If 35055 Upon motion by Vice Mayor Fentress, seconded by Counci I woman Parker, City Counci I APPROVED In ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert w. Clyburn, Vice Mayor Robert E. Fentress, Harold He i schober, Lou is R. Jones, Pau I J. Lante i gne*, Reba S. McClanan*, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi II iam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None *Counci I Members Lanteigne and McClanan voted a VERBAL NAY on Item J.1. November 12, 1991 - 21 - Item II-J.1 CONSENT AGENDA ITEM # 35056 Upon motion by Vice Mayor Fentress, seconded by Counci I woman Parker, City Counci I ADOPTED: Ordinance to TRANSFER $61,400 from the Reserve for Contingencies to the City Clerk's Operating Budget re purchase of Image Processing System. Voting: 9-2 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Voting Nay: Paul J. Lanteigne and Reba S. McClanan* Counci I Members Absent: None *Verbal Nay November 12, 1991 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 AN ORDINANCE TO TRANSFER $61,400 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF PURCHASING AN IMAGE PROCESSING SYSTEM FOR THE CITY CLERK'S OFFICE 4 WHEREAS, the manual card file system used by the City Clerk's Office 5 to cross reference Council actions has grown to over 300,000 cards in files 6 located at three different sites in City Hall. This system has become cumbersome 7 to maintain and will not readily address future growth in City Hall records; 8 WHEREAS, the City Clerk's Office in conjunction with the Department 9 of Information Technology has identified an Imaging Processing System (which utilizes optical disk storage) to replace the old manual system; WHEREAS, this equipment would significantly increase the productivity of the City Clerk's Office allowing the elimination of a full time Deputy City Clerk from the FY 1992-93 Operating Budget. WHEREAS, the hardware and software for the Imaging Processing System would cost $61,400 with funds to be transferred from the General Fund Reserve for Contingencies; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $61,400 be transferred from the FY 1991-92 General Fund Reserve for Contingencies to the City Clerk's Operating Budget for the purpose of acquiring an Imaging Processing System. BE IT FURTHER ORDAINED THAT, due to the productivity savings a Deputy City Clerk be eliminated from the FY 1992-93 Operating Budget Position list for the City Clerk's Office. This ordinance shall be effective from the day of its adoption. November Adopted on this day 12 , 1991. -~2 WALTERC. K ER, JR. OFRCE OF BUDGET AND EVALUATION CITY OF VIRGINIA BEACH CITY CLERK'S OFFICE COUNCIL MINUTES - INDEXING SYSTEM TECHNOLOGY IMPROVEMENT PROPOSAL Existing Index Card System Costs: WEEKLY TASKING EMPLOYEE STEP TASK TlME-HRS COST/HR WEEKLY COST WEEKS ANNUAL COST 1 Reads document 1.0 $26.00 $ 26.00 52 $ 1,352.00 2 Types cards 3.0 $12.34 $ 37.02 52 $ 1,925.04 3 Files cards 2.0 $12.34 $ 24.68 52 $ 1,283.36 4 Research looking 30.0 $16.90 $ 507.00 52 $26,364.00 for files 5 Council Search 7.5 $12.34 $ 92.55 52 $ 4,812.60 6 Search 40.0 $13.96 $ 558.40 52 $29,036.80 7 Mayor's Search 10.0 $12.76 $ 127.60 52 $ 6,635.20 8 Materials for $ 125.00 52 $ 6,500.00 filing system TOTALS-EXISTING METHODS: 93.5 $1,498.25 $77,909.00 ------ ------ --------- --------- ---------- ---------- Optical Imaging Systems Costs: 1 System Costs Installed Scanning Labor Search Labor 0.5 2.0 $12.34 $ 6.17 $12.34 $ 24.68 $ 30.85 --------- --------- 52 52 $47,480.43 $ 320.84 $ 1,283.36 2 3 TOTALS-USING IMAGING: 2.5 $49,084.63 ------ ------ ---------- ---------- ONE YEAR NET SAVINGS: $28,824.37 ---------- ---------- NUMBER OF MONTHS TO BREAKEVEN: 7.6 ---------- ---------- OPTICAL IMAGING INTANGIBLE BENEFITS NOT VALUES: 1. Cross reference data available as soon as document is scanned. 2. Greatly expanded cross indexing. 3. Much higher quality printed material. 4. Quicker responses to user inquiries, i.e, better customer service. 5. Ability to fax copies of documents to other locations without making copies. 6. Better employee morale, because of easier record search process. T<YrAL IMAGE PROCESSING SYSTEM AS RECOMMENDED BY THE DEPARTMENT OF INFORMATION TECHNOLOGY Hardware and Software for basic system Vendor Support Systems Maintenance Costs Information Technology Department Support Education & Analysis Equipment and Remote Locations (City Manager's Office, Planning Department and City Attorney's Office) Cabling and associated connector costs T<YrAL ESTIMATE $38,000 5,000 5,000 2,400 9,800 1,200 $61,400 - 22 - Item I -J. 2 CONSENT AGENDA ITEM II 35057 Upon motion by Vice Mayor Fentress, Counci I ADOPTED: seconded by Counci I woman Parker, City Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, re bird sanctuaries (Sponsored by Counci I Lady Reba S. McClanan): Parkside Green Princess Anne Borough Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi II i am D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-31 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO BIRD SANCTUARIES 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA that Section 5-31 of the Code of the City of Virginia 7 Beach is hereby amended and reordained as follows: 8 Section 5-31. Established; purpose. 9 The following described areas in the city are hereby declared to be bird sanctuaries for the protection of all birds: (1) North Thalia in Kempsville Borough: Beginning at a point in the center of Thalia Creek on the north side of U. S. Route 58 (Virginia Beach Boulevard); thence in a northerly direction following the center of Thalia Creek to the merger of Thalia Creek, the western branch of Lynnhaven River and Buchannan Creek; thence in an easterly direction along the center of Buchanan Creek (Lynnhaven and Kempsville Borough line) to the northeast boundary of Thalia Shores; thence in a southerly direction along the Lynnhaven and Kempsville Borough line to a point; thence along the borough line in a westerly direction approximately twelve hundred (1200) feet, more or less, to a point; thence along the borough line in a southerly direction to the north side of U.S.Route 58 (Virginia Beach Boulevard) and Route 1192 (West Brook Road); thence in a westerly direction along U.S. Route 58 to the point of beginning. (2) Chesopian Colony in Lynnhaven Borough: Beginning at a point in the center of pine Tree Branch on the north side of U.S. Route 58 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (4) 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 (Virginia in a Boulevard); Beach thence northerly direction following the center of pine Tree Branch to the merger of pine Tree Branch, the eastern branch of Lynnhaven River and Bridge a in London Creek; thence southeasterly direction along the center of London Bridge Creek to u.s. Route 58 (Virginia Beach Boulevard); thence along the north side of u.s. Route 58 in a westerly direction to the point of beginning. (3 ) subdivisions as Cavalier The known Park, Herons Cove, Bay Colony, Kings Grant, Alanton, Kings Malibu, Birchwood Forest, Gardens, Lynnhaven Acres, Cape-Story-By-The-Sea, Bay Island and Trantwood Shores in the Borough of Lynnhaven and Nottingham Estates, Laurel Cove and Aragona Village in Bayside Borough. All that certain area located in Lynnhaven Borough, including, but not limited to those subdivisions known as Wolfsnare Plantation, Southern Points, Robin Hood Forest and Great Neck being more particularly Estates, and described as follows: Beginning at a point in the center of Wolfsnare Creek on the western side of Great Neck Road; thence in a westerly direction following line the center of Wolfsnare Creek to the merger of Wolfsnare Creek and the eastern branch of the Lynnhaven River; thence in a northerly direction along the center line of the eastern branch of the Lynnhaven River to the merger of the center line of the eastern branch with Inlynnview Road in an easterly extended; thence, direction and running parallel to Robin Hood Road, down the center of Inlynnview Road to 2 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 (7) 95 96 97 98 99 100 101 102 (8) 103 104 the intersection of Inlynnview Road and Five Points Road; thence in a northerly direction, down the center of Five Points Road to the point of intersection of Five Points Road and Rose Hall Drive; an easterly in thence direction, down the center of Rose Hall Drive to the intersection of Rose Hall Drive with Great in a southerly Neck Road; thence direction traveling and along the western right-of-way line of Great Neck Road to the point of line of the center of merger Wolfsnare Creek with the western right-of-way line of Great Neck Road, said point being the point of beginning. (5) All that certain area bounded on the north by Shore Drive, on the south by Long Creek, on the west by Great Neck Road and on the east by the subdivision known as Cape-Story-By-The- Sea. (6) subdi visions known as Lakeview Shores, The Lake smith Terrace, Lake Smith Terrace-West, Thoroughgood, Thoroughgood Estates, Lake Shores, Bayville and pines Park, Baylake Baylake Beach in Bayside Borough. All that certain area located in Princess Anne Borough being described as follows: From the intersection of the center line of Hell Point Creek and Tabernacle Creek to its intersection with the center line of Muddy Creek to its termination at North Bay, then northwardly along the center line of Hell Point Creek to the point of origin. The subdivisions as known Lake James, Kempsville Heights, Point-of-View, Arrowhead, Carolanne Huntington, Fairfield, Farms, 3 105 106 107 108 109 110 111 112 113 114 115 116 117 118 (10) 119 120 (11) 121 122 (12) 123 124 125 (13) (14) 126 127 128 129 130 131 132 (15) 133 134 135 136 137 138 Kempsville Kempsville Gardens, Lark Manor, Downs, Larkspur, Kempsville Colony, Bellamy Manor, Acredale, Riverton, Lakeville Estates, Timberlake and Stratford Chase in Kempsville Borough and Fawn Village at Indian Lake. (9) All that certain area located in Princess Anne Borough being described as follows: From the center line of North Landing Road easterly five hundred and westerly five (500) feet hundred (500) feet and running parallel to North Landing Road from the south line of Indian River Chesapeake City Road to the boundary line on the Intercoastal Waterway. The subdivision known as Lago-Mar in Princess Anne Borough. The subdivision known as Green Run in Princess Anne Borough. The subdivisions known as Pembroke Meadows, Pembroke Manor, witchduck Point and witchduck Bay in Bayside Borough. The subdivision known as Lynnhaven Colony. All that certain area known as Beach Garden Park in the Lynnhaven Borough of the city; said area is located directly south of Laskin Road, bounded on the west by Barberton Drive and on the east by Holly Road running to 26th street. All certain as Chesapeake that area known Beach in the Bayside Borough of the city; said area is bounded on the south by Shore Drive, bounded the north by Chesapeake Bay, on bounded on the west by Little Creek Amphibious Base, and bounded the east by the on subdivision known as Baylake Pines. 4 139 (16) 140 141 142 143 144 145 146 147 (17) 148 149 150 151 152 153 154 155 156 157 158 159 (18) 160 161 (19) 162 163 (20) 164 165 ( 21) 166 167 (22) 168 169 (23) 170 171 (24) 172 All that certain area known as Princess Anne Plaza in and Princess Anne the Lynnhaven Boroughs of the city; said area is bounded on the north by the Virginia Beach toll road, bounded on the west by Rosemont Road, bounded on the south by Holland Road and Lynnhaven Parkway, and bounded on the east by Lynnhaven Parkway. All that certain area known as Wolfsnare in the Lynnhaven Borough of the city; said area is bounded on the east by First Colonial Road, on the north the Northern Branch of by Wolfsnare Creek, on the west by Great Neck Road, and on the south by the southern branch of Wolfsnare Creek, Regency Apartments, and Laskin Road; to include the subdivision of First Colonial Camden Estates, Estates, Glouster Village, Hilltop Wolfsnare Manor, Acres, Washington and Woods of Square Washington Square. All that certain area known as Lake Placid in the Princess Anne Borough. The subdivision known as Great Neck Point in the Lynnhaven Borough. The subdivisions known as Ballylinn Shores and West View Village in the Kempsville Borough. All that certain Hunt Club known as area Forest in the Princess Anne Borough. All that certain area known as Pine Ridge in the Princess Anne Borough. The subdivision Kenstock in the known as Lynnhaven Borough. All that certain area known as the campus of Virginia Wesleyan College in the Bayside Borough. 5 173 174 175 176 177 178 179 180 181 (25 ) n..2.l All that certain Hidden Shores known as the area Condominiums in the Lynnhaven Borough. 12th day of CA-4319 NONCODE\05-031\ORD. R-1 The subdivision known as Parkside Green in the Princess Anne Borouqh. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA November , 1991. on the APPñ!~~~S SIGNATURE .& t r V ~T,O4... ii:.y DEPARTN.ENT APPROVED AS TO LEGAL i1~ÇY A:::: II}.. . I CI~RNEY. 6 - 23 - Item II-J.3 CONSENT AGENDA ITEM # 35058 Upon motion by Vice Mayor Fentress, seconded by Counci I woman Parker, City Counci I APPROVED: LOW BID with advance notice to proceed: HUDGINS CONSTRUCTION CO ., I NC . Virginia Beach Community Recreation Center - Princess Anne (CIP 4-944) and Ferrell Parkway - Phase VA (CIP 2-096) $8,773,256.98 Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 - 24 - Item II-J.4 CONSENT AGENDA ITEM # 35059 Upon motion by Vice Mayor Fentress, seconded by Counci I woman Parker, City Counci I APPROVED: LOW BIDS: ASPHALT ROADS & MATERIALS CO., INC. 1991-1992 Bituminous Concrete Maintenance Schedule - Contract I 1,674,478.25 H. HAMNER GAY & COMPANY, INC. Broad Bay Colony Sewer Improvements Section III/IV (CIP 6-935) Contract A 523,142.00 B. L. JONES, INC. Broad Bay Colony Pump Stations 3 & 4 (CIP 6-935) Contract B 185,900.00 Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC I anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Willi am D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 - 25 - Item I I-K. PUBLIC HEARING ITEM II 35060 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) GEMINI BUILDERS STREET CLOSURE November 12, 1991 - 26 - I tem I I -K. 1 . PUBLIC HEARING ITEM 1/ 35061 PLANNING Tom Hansen, Vice President - Gemini Bui Iders, 4538 Bonney Road, Phone: 490- 0161, was in attendance to respond to City Council inquiries. Upon motion by Counci Iman Clyburn, seconded by Counci Iman Jones, City Counci I DEFERRED unti I the City Counci I Session of November 26, 1991, for compliance of conditions, the Petition of GEMINI BUILDERS, INC. for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road: Petition of GEMINI BUILDERS, INC. for the discontinuance, closure and abandonment of a port i on of 0 I d Pr i ncess Anne Road located on the eastern bou ndary of 0 I d Pr i ncess Anne Road, beginning at a point 68.3 feet south of Dunhi II Drive and running in a southerly direction a distance of 677.70 teet. Said parcel is 20 feet in width and contains 13,550 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert w. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Council Members Voting Nay: None Counci I Members Absent: None November 12, 1991 - 27 - I tem I -L. 1 APPOINTMENTS ITEM # 35062 BY CONSENSUS, City Counci I RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS - Resignation Plumbing & Mechanical Division COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE (CAC) COMMUNITY SERVICES BOARD - Resignation November 12, 1991 - 28 - . . . Item I -M. 1 . UNFINISHED BUSINESS ITEM # 35063 Ordinances re ENVIRONMENTAL SERVICES UTILITY SYSTEM: AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Chapter 39. Establ ish the Equivalent Residential Rate. Unit (ERU) <Th is matter was I ega II y advertl sed for the Formal Session of November 12, 1991; however, by action of City Counci I on October 29, 1991, this matter was DEFERRED. This Item was not considered nor any action taken by Counci I on November 12, 1991.) November 12, 1991 - 29- Item II-N.lo NEW BUSINESS ITEM # 35064 ADD-ON Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ACCEPTED INTO THE RECORD: Abstract of Votes November 5, 1991. of the General Election of Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 12, 1991 , ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virqinia Beach MEMBER, SENATE OF vmGINIA Sixth District N- of "-~'I fWol v-- ~ (1. Pï,ure.) Stanley C. Walker 773 Alain E. Lareau, Jr. 177 Paddington Bear 1 Greqory J. Daubner 1 Richard Pidqeon 1 (øonIÎIt- on NHrW 8ide, i,.....lI) We, tM undersigned Electoral Board, upon examination oftM official records tkposited with the Clerk of the Circuit Court of tM election Mld on November 5, 1991, do hueby certify that the above is a true and correct Abstract of Votes cast at said election for tM above office. A copy teste: Secretary . Given under our hands this S eve nth day 0 Chainrw.n Vice Chairman /~ ::j. ?z)~~ Secretary, Ekctoral Boord 8 8 8 8 'ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virqinia Beach MEMBER, SENATE OF VIRGINIA 8 Seventh District N- of c-didø,.. IWal V... ~ (1. FiIure.) C. A. "Clancy" Holland 13,675 8 Mark S. Bailey 11,898 John Butt 1 Robert Dickerson 1 8 Robert T. Griffin 1 Patricia A. Griswald 1 Barbara M. Henley 1 Craig Hudgins I chose not to vote for either candidate but elect an Independent 1 8 1 Jerrell Johnson 1 Capt. Kirk 1 Joe Lee, III 1 (CIOftIûaw on,...,.,.. 8Í4Ù, ifrwetÑd) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Chairman . Given under our hands this Seven thday of ove A copy teste: Vice Chairman ....... , . ~~~---~.¡' , Secretary ~4 ...y '~~ Secretary, Electoral Boord ..ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virqinia Beach MEMBER, SENATE OF VIRGINIA E i q h t h District 8 N- "C_tf U~. f'øIal v-- ~ (I. Fýrure.) M. E. "Sonny" Stallinqs, Jr. 11,194 8 Kenneth W. "Ken" Stolle 13,202 Glenda Anderson 1 Jennifer Arsenault 1 8 Albert N. Balko 1 David Barrows 1 Boots Bennett 1 Bugs Bunny 1 8 Joe Canada 2 Carollyn C. Cox 1 John Dinsmore 1 David Duke 1 (-'in... on rnerw 8ÚÑ, if--d) We, tM undersigMd Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of tM election Mld on November 5, 1991, do heeby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Chairman . Given under our hands this Seven th day of Novemb , A copy teste: Vice Chairman 0 /¡.}""./ ..L~ ""'~-, I Secretary ..¿~ ¿, _:>J. ?-r¡.J ~~ Secretary, Electoral Board I V " Abstract Continuation Sheet EiqhthSenate District Office Title County/City of Virqinia Beach N..... .( c-didœe. Jim Parker Nancy Parker Thomas F. Rupert - George o. Sadler Kenny Lee Saunders Bill Self James L. Simmons Gary Trudeau Kennith Umperovitch November 5, 1991 Election Date Election General Primary, Gen8ral C8' Spec:ial Page ...L- of ----3- 2Wal v.,.. ~ (1a FiIure.) 1 1 1 1 1 1 1 1 1 8 8 8 8 , . ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, SENATE OF VIRGINIA Fourteenth District N- ., c-didGIe. fWal V... ~ (III PiIure.) John W. Butt 2,431 Mark L. Earley 6,001 Christie Anne Collins 1 D. N. Hammer 1 John Hargrove 1 New Candidates 1 Eileen Quick 1 Rick Sincere 2 Whata Crummy Choice 1 (~... on,...,.,.. 8ide, '(ftftflell) We, the undersigned Electoral Board, upon examination of the official record8 deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. A copy teste: Chairman Vice Chairman Secretary ~~ 4 -Y. ~ L-..:~ Secretary, Electoral Board 8 8 8 8 .. AB,STRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, BOUSE OF DELEGATES Twenty-First District N -. of c-didøle. ToIøl Vola ~ (I.. PWure.) R. Dean Lee 2,969 Frank W. Wagner 4,934 Donald Alcorn 1 Donald Duck 1 Theodore Hairsine 1 Pat Murphy 1 New Candidates 1 Rick Sincere 2 Ernest F. Wiseman, Sr. 1 (-'iIa- Oft,...,.,.. 8ide, if-fÙld) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 6, 1991, M hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. A copy teste: Vice Chairman Given under our hands thisSeventh day of No v Chairman ~¿~ , --I. ~~~ Secretary ~L4 J ~~L..-,' Secretary, Electoral Board 8 8 8 8 '. ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, BOUSE OF DELEGATES Eighty-First District N-. of c-didale. 2'oIol Vøte8 Jleem,ed (la Fï,ure.) Glenn R. Croshaw 4,152 James W. Brazier, Jr. 2,292 Barbara Henley t) Joseph W. Miracle 1 Mickey Mouse 1 Nancy Parker 2 Pat Robertson 1 James L. Swallow 1 (-'baue OR ,...,.,... 8ide, ifJIftfÜtl) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. A copy teste: C1w.irman Vice C1w.irman .ß-~/ /' I ' ð~4.~.~-~~ ?¡) ~t ~; I Secretary Secretary, Electoral Board 8 8 8 8 '-ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, HOUSE OF DELEGATES Eighty-Second District N -. of c-didaIe. Totøl Vølea ~ 0.. Fï,ure.) Albert W. "AI" Balko 6,048 Harry R. "Bob" Purkey 9,248 Burke Breathard 1 Donald W. Calder, Sr. 1 Sandra L. Griswald 1 Pee Wee Herman 1 Anita Hill 1 Adolph Hitler 1 Pat Murphy 1 (-'inue - NÐerN aide, if_d.d) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this Seventhday of No v A copy teste: Secretary Chairman Vice Chairman ~ J- ~~~ ' Secret4ry, Electoral Board 8 8 8 8 '. ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virqinia Beach MEMBER, HOUSE OF DELEGATES Eighty-Third District N_. of c-didab:. Total Vola ~ (I.. J'iIure.) Ernestine K. Middleton 3,507 Leo C. Wardrup, Jr. 4,891 J. M. "Joe" Escriche 239 Cooper Barifield 1 None of the Above 1 Mark Tata 1 " (-'illw - ~ 88M, if-.kd) We, tM undersigned Electoral Board, upon examination oftM official records deposited with the Clerk of the Circuit Court of tM election MId on November 5, 1991, do Mreby certify that the above is a true and correct Abstract of Votes cast at said election for tM above office. A copy teste: Chairman Vice Chairman ),/ ~~ ~~.,' Secretary ~~L, .:/. Id~' Secretary, Electoral Board 8 8 8 8 '. ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, HOUSE OF DELEGATES Eighty-Fourth District N -. of c-didøIe. 7'øIal Vola ~ (I" Fï,ure-) Glenn B. McC1anan 3,410 Robert F. McDonnell 3,811 Sean Coffield 1 Kelley Duffield 1 None of the Above 1 (-'law - ,...,.,.. 8Îd8, if _tÜll) We, the UTUkrsigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. A copy teste: Chairman Vice Chairman - ~~ ~~~ ./ Secretary '~~~J~"1.J~ Secretary, Electoral Board 8 8 8 8 '" ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, BOUSE OF DELEGATES Eighty-Fifth District N -. of c-didøIe. 2'oIal Vola Beeri-.I (1.. Fï,ure.) Sandra W. Brandt 4, ~14 Robert "Bob" Tata 7/964 Alex Berkowitz 1 Dean Lee 1 Patrick Murphy 1 Betty Ramirez 1 (-'in... on,...,.,... nde, if-fMd) We, the undersigned Ekctoral Board, upon examination of the official records deposited with the Ckrk of the Circuit Court of the ekction held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. A copy teste: Secretary Given under our hands thisSeventh CÙlyofNov Chairman Vice Chairman d-~ ::/'~~~J' Secretary, Ekctoral Board 8 8 8 8 . ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virqinia Beach 8 MEMBER, HOUSE OF DELEGATES Ninetieth District N_. of~. 7'oIal Vola ~ o" Pï,ure.) W. P. "Billy" Robinson, Jr. 1,118 8 Anyone Else 1 Sandra Brandt 1 William Marshall Carter 1 8 John E. Church 2 Robert Clyburn 1 Jamie Cruikshank 1 Chris Ponton 1 8 Goofey 1 Thomas Jefferson 1 Dean Lee 1 Rush Limbaugh 1 (-'in- on ,...,.,.. 8ÚÜ, if ....ø.d) We, the undersig1U!d Electoral Board, upon emmination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Chairman Given under our hands this SeventhCÚJY of Nove A copy teste: Vice Chairman ßd; -~ ,,~vf'~-~ Secretary .~ 4";, y...L....... J' Secretary, Electoral Board '. ABSTRACT OF VOTES cast in the County/City of Virginia, at the November 5, 1991 General Election, for: Virginia Beach MEMBER, HOUSE OF DELEGATES Eighty-Seventh District N -. of c-didøIe. Howard E. Copeland John B. Lapetina Linda B. Robinson Rick Sincere 'l'otal Vol" ~ °" n,ure.) 215 160 53 2 (-'in- on NNrN aM, if-Mtl) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this Seventh day of No v mber A copy teste: -11~' ,Lc--.-~ . I' ~~¿'d..~~ Chairman Vice Chairman Secretary Secretary, Electoral Board 8 8 8 8 "", ABSTRA bT OF VOTES cast in the County / City of Virqinia Beach , Virginia, at the special election held on November 5 , 19~, on thefol/owing question or proPosition'e- CHARTER AMENDMENT QUESTION: Should the City Council request the General Assembly to amend the Charter of the City of Virginia Beach to provide that members of the School Board shall be directly elected by the voters of the City? 8 8 Total Votes Received an F1gures) 8 FOR (Yes) 51,527 AGAINST (No) 7,789 We, the undersigned Electoral Board, upon examination of the glficial records deposited with the Clerk of the Circuit Court of the election on November 5 , 19 -9.L, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this Seventh , 19..2L.. A copy teste: Chairman Vice Chairman ~ 7. ~--f ..(~~ ! j Secretary d~ -¥. þ;d~~ Secretary, Electoral Board - 30- Item II-N. 2. NEW BUSINESS ITEM # 35065 ADD-ON The Honorable Howard E. Copeland, Delegate for the 87th District, had expressed concern to Mayor Oberndorf relative a Briefing on the LAKE GASTON PROJECT. The City Manager will SCHEDULE a BRIEFING on LAKE GASTON with the General Assembly Legislators and City Council. The City Staff shall provide the analysis of the City's water system entitled "Water Supply System Status Report" prepared by Thomas M. Leahy, II, P. E., Water Resources Engineer - Department of Public Utilities Councilman Lanteigne referenced the Memorandum of November 5, 1991, from C. Oral Lambert, Jr., Interim City Manager, concerning the legislative package and identifying issues. A WORKSHOP will be SCHEDULED for the City Council Session of November 26, 1991 to discuss the items contained in the Memorandum. November 12, 1991 - 31 - Item II-N.3. NEW BUSINESS ITEM # 35066 ADD-ON Mayor Oberndorf referenced her correspondence to Cox Cable in OPPOSITION to their rate increase. In 1992, Cox wi II experience a 25% increase in the charges for existing programing. These increases -- combined with increases In the costs of other operating expenses such as uti I ities, insurance, employee salaries and benefits -- wi II be reflected in an upcoming rate adjustment. Cox Cab I e has further adv i sed these increases do not cover the cost of upgrad i ng services in Virginia Beach; however, commencing December First, customers in Norfolk, Portsmouth and Currituck County, North Carol ina, wi II have new channels added to their complete basic cable service. Mayor Oberndorf further advised Frankl in R. Bowers, Vice President/General Manager - Cox Cable, referenced Cox's letter in 1988 to City Council advising unless Cox received renewal of their Franchise, they could not provide better service for Virginia Beach. Mayor Oberndorf requested Dean Block, Assistant City Manager for Economic Management, to check when Cox's upgrading of the services to the other cities began, if the renewal of these particular franchises had been completed and (2) Did City Council vote in 1988 not to have Cox Cable improve their services. Mayor Oberndorf also advised of the letter dated November 8, 1991, from the Consumer Federal of America. The U.S. Senate is expected to begin floor debate dur i ng the week of November 11, 1991 on Senate Bill No. 12 - The Cab Ie Television Consumer Protection Act of 1991. Mayor Oberndorf distributed copies of this correspondence and encouraged support of Senate Bi II 121, designed to aid consumers, cities and competitors to cable by restoring reasonable and moderate regulations in the industry. November 12, 1991 - 32 - Item I 1-0.1 . RECESS INTO EXECUTIVE SESSION ITEM # 35067 ADD-ON Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct Its EXECUTIVE SESSION (4:10 P.M.), pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purposes: 1 . PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipl ining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1 ) . To-Wit: Discussion of Prospective Candidates - Position of City Manager Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert w. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, and Wi II iam D. Sessoms, Jr. Council Members Voting Nay: None Counci I Members Absent None November 12, 1991 - 33 - I tem I I -0. 1 . RECONVENE FORMAL SESSION ITEM # 35068 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chamber, City Hall Bui Iding, on Tuesday, November 12,1991, at 7:15 P.M. Counci I Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCI anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi Iliam D. Sessoms, Jr. Counci I Members Absent: None November 12, 1991 - 34- Item II-P.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35069 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 12, 1991 Itønluttnu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35067, Page No. 32 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: S~ction 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executi ve Session were heard, discussed or considered by Virginia Beach City Council. ~-v~.£~ ~ R th Hodges ~mith, CMC/AAE City Clerk November 12, 1991 - 35 - Item II-Q. 1 . CITY MANAGER I TEM II 35070 ADD-ON Upon motion by Counci Iman Jones, seconded by Vice Mayor Fentress, City Counci I APPROVED ADDING TO THE AGENDA: Ordinance authorizing the Mayor to execute an agreement with James K. Spore as City Manager, effective November 25, 1991, for a five-year period to November 24, 1996. Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi II i am D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 - 36 - Item II-Q.2. CITY MANAGER ITEM # 35071 ADD-ON Upon motion by Counci Iman Counci I ADOPTED: Jones, seconded by Counci Iman Heischober, City Ordinance authorizing the Mayor to execute an agreement with James K. Spore as City Manager, effective November 25, 1991, for a five-year period to November 24, 1996. Mr. Spore was the City Manager of Garland, Texas, from 1985 to 1991, a City of over 182,000 with an annual budget of $255-MILLION and 1,800 fulltime employees. Prior to this position, Mr. Spore was City Manager of Burnsville, Minnesota from 1981 - 1985; Director of Community Development - Lakewood, Colorado, from 1976-1981; Director of Community Development - Elgin, Illinois, 1970-1976 and Research Analyst for the Department of Defense from 1968-1970. Mr. Spore possesses Masters' Degrees in Public Administration and Urban Planning with a Bachelor's Degree in Urban Planning. Mayor Oberndorf extended her appreciation to Interim City Manager, C. Oral Lambert, Jr. , for his exce II ent ass i stance and serv ice to Members of City Cou nc i I . Voting: 11-0 Counci I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi II i am D. Sessoms, Jr. Counci I Members Voting Nay: None Counci I Members Absent: None November 12, 1991 10 11 12 13 14 15 16 17 1 2 3 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JAMES K. SPORE, AS CITY MANAGER 4 WHEREAS, the Council of the City of Virginia Beach, 5 Virginia desires to appoint James K. Spore as city Manager; and 6 WHEREAS, Spore has agreed to such accept James K. 7 employment; 8 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: That the Mayor is authorized to execute an Agreement, dated November 12, 1991 (Exhibit "A") setting forth the terms, covenants, and obligations set forth therein. Adopted by the council of the city of Virginia Beach, Virginia, this 12 day of November , 1991. CA-4493 ORDIN\NONCODE\MANAGER.ORD R-l EXHIBIT "A" This Agreement made this 12th day of November, 1991, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee." WITNESSETH: WHEREAS, the City wishes to employ James K. Spore as its City Manager as provided in Section 4.01 of the Charter of the City of Virginia Beach; and WHEREAS, James K. Spore agrees to accept such employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such employment; NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I - Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. ( c) Em ployee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article II - Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence November 25, 1991, and end November 24, 1996. (b) Except as provided by Article III, below, during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however, that such termination shall be in accordance with the provisions of Article III below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III below. Article III - Termination and Resignation (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement, he shall receive as severance pay an amount equal to six (6) months base salary. All other benefits hereunder shall cease as of the date of termination. However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination. (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion, waive any or all of this ninety (90) day notice requirement. 2 Article IV - Compensation City agrees to pay Employee for services rendered pursuant hereto an annual gross salary of One Hundred Eight Thousand Dollars ($108.000.00), payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary may be increased from time to time by action of the City Council. In addition to the salary described above, the City agrees to contribute Seven Thousand Five Hundred Dollars ($7,500) per year as deferred compensation, for the benefit of Employee, to the International City Managers Association. Article V - Automobile Allowance In lieu of supplying a City-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of Five Hundred Dollars ($500.00) per month and in addition, Employee shall be reimbursed for business mileage at the same rate at which other City employees are reimbursed. Said sum for car allowance may be increased from time to time by action of the City Council. In consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. Article VI - Fringe Benefits Employee shall receive fringe benefits such as annual leave, sick leave, Hfe insurance, hospitaHzation, Virginia Retirement System, etc. in accordance with existing City poHcies and ordinances as appHcable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for aU other City employees. 3 Article VII - Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. Article VIII - Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for his membership and participation in national, regional, state, and local associations and organizations of a job-related nature and for travel and associated expenses of Employee to secure his attendance at professional meetings and conference, as budgeted and approved by the City Council. Article IX - General Business Related Expenses Except as specifically provided in Article V and VIII, the City agrees to reimburse Employee for job-related expenditures in accordance with existing City policy. Article X - Other Terms and Conditions of Employment (a) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. (b) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment, as is provided to all other City employees. 4 ( c) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided, however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy. (d) City agrees to reimburse Employee for his reasonable moving expenses. Employee shall obtain three estimates for moving expenses, which estimates shall be certified by a properly designated member of the City Council. City agrees to reimburse Employee in an amount not to exceed the lowest bid rendered to Employee. (e) City agrees to reimburse Employee's reasonable expenses incurred as a result of one (1) trip by Employee's spouse visiting the City of Virginia Beach to locate housing, as well as those reasonable expenses incurred in two (2) trips by Employee to relocate his family. (t) City agrees to reimburse Employee's temporary housing expenses, in an amount not to exceed One Thousand Dollars ($1,000) per month, for up to six (6) months while Employee is locating a permanent residence. In the event that Employee shall locate a permanent residence prior to the expiration of the aforesaid six month period, the reimbursement of temporary housing expenses set forth herein shall cease. (g) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. 5 (h) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (i) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed in its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By Mayor James K. Spore 6 - 37 - I tem I I -R. 1 . ADJOURNMENT ITEM # 35072 BY CONSENSUS, City Counci I ADJOURNED the Meeting at 7:20 P.M. ~ p~~cw; Chief Deputy City Clerk ~=~ h Hodg s Smith, CMc/AAE City Clerk City of Virginia Beach Virginia November 12. 1991 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS I~ L \0 \ DATE: November 12, 1991 F I A M B PAGE: One B C E S N C E S R L N C T C R P E A Y T H J E L N A S B Z B R 0 0 I A D R S A I U E B N G N 0 K 0 AGENDA U E R S E E N A R E M ITEM # SUBJECT MOTION TO PASSED M R N S R S E N F R S 1/11 INFORMAL/FORMAL SESSIONS II /E CERTIFICATION OF EXEC SESSION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y F /1 MINUTES: November 5, 1991 APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y G PUBLIC HEARINGS: 1/A CAPITAL IMPROVEMENT PROGRAM - 1/A/a FY 1992 CIP $ 68,595,289 1/A/b Proposed 10-Yr CIP $1,436,741,149 1 /B G.O. BONDS - $36,100,000 Pub! ic Faci I ities/Gen.lmprovmts. 1 /C REVENUE BONDS - $13,770,000 Water/Sewer System 1 /D G.O. BONDS - $ 8,000,000 Rds/Hwys/Bridges 2 OPERATING BUDGET FY 1991-1992 - Carry-over Purchases Not I Delivered - $13,570,582 ADD-ON Fire Station at General Booth ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Blvd be allocated first priority against any balance over & above reserve set aside by Counci I Pol icy H/1 Ordnc to adopt FY 1991-1992/ ADOPTED 9-2 Y Y Y Y Y Y Y Y N N Y FY 1995-1996 CAPITAL IMPROVEMENT PROGRAM/APPROPRIATE $68,595,289 for the Capital Budget,subject to funds being provided/reallocate CIP funds appropriated in prior fiscal years. H/2 Ordnc authrzng issuance of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y General Obligation Bonds of the City in maximum of $36,100,000 for various Publ ic Faci I itles/ General Improvements H/3 Ordnc authrzng issuance of Water/ ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Sewer System Revenue Bonds of I I the City in maximum of $13,770,000 H/4 Ordnc authrzng issuance of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y General Obligation Bonds of the City in maximum of $8,000,000 for Road/Highway/Bridge purposes H/5 Ordnc to APPROPRIATE $13,570,582 ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y for FY 1991-1992 carry-over purchases not del ivered I I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: November 12,1991 I IB C I~ ~ I A M ~ I PAGE: Two N C S IR L IN C I T C R Ip E A IY T H J E L N A S B Z B R 0 0 I A D R S A I I U E B N G N 0 K 0 AGENDA U E R S E E N A R E M ITEM # SUBJECT I MOTION TO ¡PASSED M R N S R S E N F R S 1/1 Resolution approving Issuance of ! ADOPTED 110-0 Y Y IY Y Y IY Y IY IY IY 1* Multi-Fami Iy Residential Rental * Sessoms abstained Housing Bonds by the Development IAuthority, not to exceed $3,615,000, to Silver Hill Mill Dam Associates I I I 1/2 Request to authrz Publ ic Hearing APPROVED/ \ 11-0 Y Y Y I Y Iy Y \Y Iy y Iy y re proposed issuance of revenue SCHEDULED I I I I I Ibonds by Newport News Redevelop- PUBLIC HEARING ment/Housing Authority in behalf FOR I of Virginia Mountain Housing, DEC. 3, 1991 Inc. for Multi-family housing I \ I I I \ I I I I I I projects in Virginia Beach and Newport News I I I I I J/1 lordnc to TRANSFER $61,400 from ADOPTED 9-2 Y Y Y Y Y Y N N Y Y Iy the Reserve for Contingencies to I the City Clerk's Operating Budget I I I \ I I I re purchase of Image Processing I System I J/2 Ordnc to AMEND Sec 5-31 of the I ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re bird sanctuaries I Parkside Green I \ I I I I I I I I Princess Anne Borough J/3 LOW BID with advance notice to APPROVED 11-0 Y Y Y Y \y \y y \y y Iy y proceed: I \ I HUDGINS CONSTRUCTION CO INC/ I I I I~ I k I 10 I VB Comm Rec Cntr-Pr. Anne/ Ferrell Pkwy-Phase VAl $8,773,256.98 J/4 I LOW BIDS: APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y ASPHALT ROADS/MATERIALS CO INC/ 1991-1992 Bituminous Concrete I I I I \ \ I \ I I Maintenance Schedule - Contract I $1 , 674 ,478. 25 I I I I H HAMNER GAY & CO INC/Broad Bay I Colony Sewer Imprvmts/Sec III/IV I Contract A $ 523,142.00 \ I I \ I I I I I B L JONES INC/Broad Bay Colony I Pump Stations 3 & 4 Contract B $ 1 85, 900 .00 K/1/a Petition of GEMINI BUILDERS INC DEFERRED TO 111-0 Y Y Y y Y Y Y Y Y Y /Y for closure of portion of Old NOV. 26, 1991 Princess Anne Rd, at Dunhi II Dr- I I I 13,550 sq ft (KEMPSVILLE BOR.) L APPOINTMENTS I I I I I I BOARD OF BUILDING CODE APPEALS RESCHEDULED B Y CON S E N S U S (Plumbing/Mechanical Division) I I COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE (CAC) COMMUNITY SERVICES BOARD I I I I I I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E L 0 DATE: November 12, 1991 F I A M B PAGE: Three B C E S N C E S R L N C T C R P E A Y T H J E L N A S B Z B R 0 0 I A D R S A I U E B N G N 0 K 0 AGENDA U E R S E E N A R E M ITEM # SUBJECT MOTION TO IPASSED M R N S R S E N F R S M/1 I Ordncs re ENVIRONMENTAL This matter was SERVICES UTILITY SYSTEM: legally adver- tised for the a AMEND the Code by ADDING Formal Session Chapter 39 of 11/12/91; however, by b Establ ish the Equivalent action of City Residential Unit (ERU) Rate Council on 10/29/91, this matter was DEFERRED. This Item was not cons i dered/, nor any action taken by Counci I on 11/12/91 N NEW BUSINESS ADD-ON Abstract of Votes from ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Nov 5, 1991, General Election ADD-ON Briefing with City Counci 1/ CITY MANAGER General Assembly Legislators TO SCHEDULE re Lake Gaston/1992 Legislative package ADD-ON Cox Cable rate increase/Senate MAYOR WILL B III No. 12 of 1991 re Cab Ie RESPOND Consumer Regulation Act RECESS INTO EXECUTIVE SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Personnel Matter (4:10 PM) ADD-ON CERTIFICATION OF EXEC SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD-ON Ordnc authrzng the Mayor to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y execute an agreement with James K. Spore, as City Manager (appointment for five years, effective November 25, 1991 - November 24, 1996) ADJOURNMENT: 7 : 20 PM I * * * * * * * * * * * * * * * CITY COUNCIL SESSIONS RESCHEDULED NOVEMBER 26, 1 991 Formal Session (CIP Second Reading) DECEMBER 3, 1991 Formal Session DECEMBER 10, 1991 Formal Session DECEMBER 1 7, 1 991 Formal Session 6:00 PM 2:00 PM 2:00 PM 2:00 PM PUBLIC HEARING DECEMBER 2, 1991 School Board Candidate Interviews 10:00 AM (Monday) Counci I Chamber (Citizens are Invited to attend and speak) 11/12/91 cmd - 37 - Item II-R. 1 . ADJOURNMENT ITEM # 35072 BY CONSENSUS, City Council ADJOURNED the Meeting at 7:20 P.M. ~ P!17 ~ Chief Deputy City Clerk ~=~ . 'th Hodg s Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 12, 1991