JUNE 4, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
CITY COUNCIL AGENDA
. . . .......
JUNE 4, 1991
ITEM 1. 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
ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM
A- CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Father Thomas J. Caroluzza
Parish of The Holy Spirit
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 28, 1991
G. PRESENTATIONS
MISS VIRGINIA BEACH
Joyce Perry (Graduate of Princess Anne High School
and Student at Commonwealth Coliege)
MISS TIDEWATER
Lora Flattum (Graduate of William and Mary College)
H. RESOLUTIONS/ORDIMANCES
1. Resolution authorizing the City Manager to continue use, subject to
budgetary limitations, of the City's fixed wing alrcraft for all
State reimbursable activities In support of the Commonwealth's
Attorney, Sheriff and other City Agencies.
2. Resolution directing the Planning Commission of the City of
Virginia Beach to RECONSIDER the need for Constitution Drive and
forward Its recommendation to City Council within sixty days.
(Sponsored by Councilman Louis R. Jones)
3. Resolution providing for the Issuance of $6,370,000 School Bonds,
Serles of 1991A, of the City of Vlrginia Beach, Virginia,
heretofore authorized, to be sold to the Virginia Public School
Authority to flnance the construction, renovation and expansion of
certain school buildings in the City.
4. Resolution to establish a Summer Events Liaison Committee to serve
as liaison between Virginia Beach Events Unlimited, the City
Administration, businesses and neighborhoods.
5. Total Quality Management Revisions to City Organizational Structure
- Stage 1:
a. Resolutlon to reorganlze and Implement Stage I of a Strategic
Reorganization Plan; and, authorize the Clty Manager to make
such changes and budget transfers necessary to accomplish this
transition.
b. ordinances to AMEND and REORDAIN the Code of the City of
Vlrginia Beach, Virglnia:
1. Sectlon 2-71 re Department of Personnel.
2. Sections 2-151, 2-151.1, 2-153 and 2-154 re City Manager.
3. Chapter 2 by ADDING Article XXIV re Department of Museums.
4. Chapter 2 by ADDING Article XXV re Department of Natural
Resources and Rural Services.
6. a. Ordinance to AMEND and REORDAIN Section 37-47 of the Code of
the City of Virginia Beach, Virginia, re water usage rates
effectlve I July 1991 and 1992.
b. Ordinance, upon FIRST READING, to APPROPRIATE $600,425 to the
Department of Publlc Utilities re an Increase In the rate of
water purchased from the City of Norfolk.
7. Ordinances re Princess Anne Road and Sandbridge Road Intersection
Improvements (CIP 2-816) (Deferred May 14, 1991):
a. Authorize the City Manager to TRANSFER $173,000 from Flanagan's
Lane (CIP 2-134) to Traffic Safety Improvements (CIP 2-816) to
fund traffic safety improvements at Princess Anne and
Sandbridge Roads.
b. Authorize acquisition of property In fee simple for right-of-
way for Princess Anne and Sandbridge Roads Intersection
Improvements (CIP 2-816); and, acqulsition of temporary and
permanent easements of right-of-way, either by agreement or
condemnation.
8. a. Ordinance to authorize acquisition of property in fee simple
for right-of-way for Flanagan's Lane (CIP 2-134); and,
acquisition of temporary and permanent easements right-of-way,
either by agreement or condemnation.
b. Resolution re disposition of potential EXCESS City property in
the vicinity of Princess Anne Road and Flanagan's Lane (CIP 2-
134).
9. Ordinance to AMEND and REORDAIN Section 21-398 of the Code of the
City of Virginia Beach, Virginia, re 24-hour parking meters.
(Sponsored by Councilman Paul J. Lanteigne)
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. Tf an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances, upon SECOND READING:
a. APPROPRIATE $36,612 to the Commonwealth's Attorney's Office for
an additional Attorney I position to be funded by a $28,738
increase in estimated revenues.
b. APPROPRIATE $100,266 to the Department of Mental Health/Mental
Retardation/Substance Abuse Services re substance abuse
programming in the Criminal Justice System and for women and
youth.
2. Ordinances appointing viewers in the petitions of:
a. Herman, Inc. for the closure of an unnamed twenty foot lane,
traversing Block "E", as shown upon that certain plat entitled
"Replat of property owned by Definite Contract Building & Loan
Association, Virginia Beach, Virginia", containing
approximately 2,365.5 square feet (VIRGINIA BEACH BOROUGH).
b. Hilda W. Archbell for the closure of a portion of Arctic Avenue
situated in "Shore Acres" along the southern right-of-way of
Winston Salem Avenue, containing 0.0861 acres (VIRGINIA BEACH
BOROUGH).
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
5/30/91 gs
MINU T r=S
VIRGINIA BEACH CITY COUNCIL
Virglilla Beacli, Virginia
June 4, 1991
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June
4, 1991, at 1:00 P.M.
Council 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.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 1:15 P.M.)
- 2 -
ITEM # 34496
Mayor Meyera E. Oberndorf entertained a motion to permit City Councl I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, tor the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, discipi lning, or resignation of specif lc
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Arts and Humanities Commission, Hampton Roads
Planning District Commission, Parks and Recreation, Social Services Board
and Tidewater Community College Board
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
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. McCianan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent
William D. Sessoms, Jr.
- 3 -
ITEM # 34497
Mayor Meyera E. Oberndorf CONVENED the CITY COUNCIL CONCERNS SESSION in the
City Council Conference Room, City Hall, Building, on Tuesday, June 4, 1991, at
1:30 P.M.
Council 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.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 4 -
C IT Y C 0 UN C I L C ON C E R N S
1:30 P.M.
ITEM # 34498
Correspondence from the City Assessor dated May 28, 1991, was referenced, which
requested City Council's concurrence to institute a change in Data Processing
procedures to print next year's notices. FY 1991-1992 Budget Code 04012
highlights the phrase: "The number of appraisal notices mailed to property
owners will be reduced. Notices will be mailed only if there is an actual
change in assessments." Said letter is hereby made a part of the record. It was
suggested if this procedure is instituted that it be done on a trial basis for
one year.
This matter was referred to the City Manager for further research and
recommendation.
ITEM # 34499
Mayor Oberndorf advised Congressman Owen B. Pickett had met with her Monday,
June 3, 1991, and presented a check in the amount of $252,583 as payment in
lieu of taxes from (Back Bay Refuge) Virginia Fish and Wildlife Service.
Concern was expressed as to the basis for computing this payment. The City
Manager will ascertain.
ITEM # 34500
Councilman Clyburn noted the tremendous efforts of Robert Dean and the many
Volunteers who participated in "Clean The Bay" on Saturday June 1, 1991.
Mayor Oberndorf noted the Special Olympics arose early and did their "Clean The
Bay" on time to be back in line to march for the STAR SPANGLED SALUTE PARADE.
ITEM # 34501
Councilman Sessoms commented that the STAR SPANGLED SALUTE was just "absolutely
great".
The Mayor expressed delight in all phases of this "Salute To the Troops" and
said the Commander of Oceana was very pleased.
The Vice Mayor shared the Military's excitement for this day and complimented
Admiral Edney on his tremendous speech. The Mayor advised that CNN gave rave
reviews of the parade and stated 100,000 attended. The parade was about 2 hours
long and had approximately 200 units. King Neptune (Councilman Heischober)
participated in the parade and festivities.
The Mayor advised that Senators John Warner and Charles Robb were in the
parade.
ITEM # 34502
Councilman Clyburn complimented the PRINCESS ANNE COUNTY TRICENTENNIAL
COMMITTEE on a very good celebration at Princess Anne Park. Their reflection on
historical events, et cetera, was tremendous and the crowd was very good. The
Mayor advised the NATO Group Commander will be on Channel 29.
Mayor Oberndorf also advised Ronald Hargrove, a citizen of the Princess Anne
area right near the Municipal Complex, was honored for his contribution of the
"300 Proud" hats.
- 5 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 34503
Councilman Sessoms advised a citizen wishes to build a 16' x 16' garage
addition to his home and must go before the new Chesapeake Bay Preservation
Board which means a fee and other expenses. He is not on the water, but when he
applied for a building permit, he was advised he comes under the regulations of
the Chesapeake Bay Preservation Act. His property backs to Seashore State Park.
Tnstead of the garage costing $16,000, it now will be $24,000. Councilman
Sessoms inquired if there was some administrative waiver or relief.
Council Lady McClanan shared that another resident back of Bow Creek Recreation
Center contracted two years ago for a shed in his back yard and he has a
similar problem. However, the City has installed a ditch in the area and he
wants the City to abide by the same regulations.
Councilman Baum noted another resident is experiencing similar problems with
the CBPA in installing steps.
Councilman Brazier noted Marina Shores, (really a "shopping center" on the
water), is now being constructed within 100' of the water. A boating hazard has
been created. Council Lady Parker referenced this is an intrusion. Councilman
Brazier advised this violation had been resolved by a $10,000 fine yet the
intrusion has not been removed.
Councilman Baum noted that in due time the City Manager will report re the
Chesapeake Bay Preservation Board, the kinds of applications before the Board
and what has resulted in violations or resolved situations.
Assistant City Attorney Macali advised there have been no fines imposed by the
CBPA Board to date, but that legal proceedings can be filed if violations
cannot be resolved.
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 4, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FOR14AL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June
4, 1991, at 2:00 P.M.
Council 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.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Father Thomas J. Caroluzza
Parish of The Holy Spirit
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
7
item Ii-E-1-
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34504
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman 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
4k
groolitttolt -
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 # 34496,
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 HodgesSmith, CMC/AAE
City Clerk June 4, 1991
Item 11-F.l.
MINUTES ITEM 34305
Upon motion by Counci Iman Clyburn, seconded by Counci lman Jones, City Counci I
APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 28, 1991.
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. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
9
Item 11-F-2-
ADD-ON ITEM 34506
Upon motion by Vice Mayor Fentress, seconded by Counci lman Baum, City Counci I
agreed to ADD to the City Council Agenda APPOINTMENTS to the following BOARDS
AND C014MISSIONS:
ARTS AND HUMANITIES COMMISSION
HAWTON ROADS PLANNING DISTRICT COMMISSION
SOCIAL SERVICES
TIDEWATER COM14UNITY COLLEGE BOARD
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
- 10 -
Item II-G.1/2
PRESENTATIONS ITEM # 34507
Mayor Oberndorf RECOGNIZED:
MISS VIRGINIA BEACH
Joyce Perry
MISS TIDEWATER
Lora Flattum
Miss Perry is a graduate of Princess Anne High School and a student at
Commonwealth College.
Miss Flattum is a graduate of the College of William and Mary. Miss Flattum
received a double major in Chemistry and Music. After receipt of her masters
degree in music, she plans to pursue a medical career.
The MISS VIRGINIA competition in Roanoke will be televised July Thirteenth with
the actual competition commencing the prior Thursday night.
Mayor Oberndorf also recognized Miss Polly Pierce, the guardian angel and
chaperone of these beautiful ladies.
Mayor Oberndorf presented each lady with a pewter cup bearing the City Seal.
Item II-G.3.
RECOGNITION ITEM # 34508
ADD-ON
Mayor Oberndorf expressed appreciation to the Members of City Council and all
the volunteer participants of a STAR SPANGLED SALUTE.
Mayor Oberndorf recognized Flo McDaniel, Co-Chair of the Mayor's Homecoming
Committee, as being in attendance. Mrs. McDaniel, with Tom Barton, Co-Chair,
and seventy-seven untiring volunteers comprising the Mayor's Homecoming
Committee, performed a magnificent job. Mayor Oberndorf expressed her sincere
appreciation for their unselfish service.
1 2
Item 11-H.I-
RESOLUTIONS/ORDINANCES ITEM # 34509
Upon motion by Councilman Sessoms, seconded by Councilman Brazier, City Council
ADOPTED:
Resolution authorizing the City Manager to continue
use, subject to budgetary limitations, of the
City's fixed wing aircraft for all State
reimbursable activities In support of the
Commonwealth's Attorney, Sheriff and other City
Agencies.
Voting: 9-2
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan and Nancy K. Parker
Council Members Absent:
None
I A RESOLUTION AUTHORIZING THE CITY MANAGER
2 TO CONTINUE USE OF THE
3 CITY'S FIXED WING AIRCRAFT
4 WHEREAS, the City lias received title to a Baron twin engine fixed wing
5 aircraft through the U. S. Department of Justice's Drug Enforcement
6 Administration Shared Proceeds of Seized Property program;
7 WHEREAS, the City has applied for and received permission from the State
8 Supreme Court to reimburse the City all operating costs for use the fixed wing
9 aircraft when performing prisoner extraditions;
10 WHEREAS, a Council authorized pilot program utilizing the fixed wing
11 aircraft has proven to be cost beneficial to the City.
12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNGIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that the City Manager is hereby authorized, subject to
14 appropriate budgetary limitations, to use the fixed wing aircraft for (1) all
15 State reimbursable activities in support of the Commonwealth's Attorney and
16 Sheriff such as prisoner extraditions, transfers, and State Agreements on
17 Detainers, and (2) upon prior written approval from the City Manager for each
18 occurrence, other City agencies where it is cost beneficial to use the aircraft
19 in lieu of commercial flights and are fully funded by transfers from the
20 requesting agency's operating budget;
21 BE IT FURTHER RESOLVED that the City Manager shall annually review the
22 program's costs and benefits consistent with the review of each annual operating
23 budget.
4 June
24 RESOLVED THIS DAY OF 1991, BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA.
26 This resolution shall be in effect from the date of its adoption.
planperm.res/swj
- 13 -
Item 11-H.2.
RESOLUTIONS/ORDINANCES ITEM # 34510
Upon motion by CouncIIman Jones, seconded by CouncIIman Brazi er, Cl ty Counci I
ADOPTED:
Resolution directing the Planning Commission of the
City of Virginia Beach to RECONSIDER the need for
Constitution Drive and forward its recommendation
to City Council within sixty days.
Voting: 10-1
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 and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
*Councilman Heischober DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he oSSns property which may be subject to a taking, in whole or In
part, in connection with the Constitution Drive Flyover project. Councilman
Heischober declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Heischober's letter of June
4, 1991, is hereby made a part of the record.
HAROLD HEISCHOBER 4372 HOLLAND ROAD
COUNCILMAN-AT-LARGE VIRGINIA BEACH, VIRGINIA 23452
(804) 499-MM
(804) 4644910
June 4, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the fOllOWiDg declaration:
1. The transaction for which I am executing this written disclosure is the
Council consideration and vote on a resolution directing the Planning
Commission to reconsider the need for the Constitution Drive Flyover.
2. Tle nature of my personal interest in that I own property which may be
subject to a taking, in whole or in part, in connection with the Constitution
Drive Flyover project.
Mrs. Ruth Hodges Smith -2- June 4, 1991
3. The City Attorney has advised me that in his opinion I am a member of a
group, i.e., surrounding similarly-situated property owners, the members of
which are all affected by the transaction.
4. 1 wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Councilman
HH/awj
Enclosure
LESLIE L L [-I EY MINICIPAL CENTER
CIIY @TI.RNEY @IRG@NIA BEACII, V@ 23156 9ON
(804) 421 4531
FA. (804) 426 5687
June 4, 1991
Councilman Harold Heischober
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Opinion
Dear Councilman Heischober:
I am writing in response to your request fc)r an opinion regarding your ability to
participate in the Council discussion and vote on a resolution directing the Planning
Commission to reconsider the need for the Constitution Drive Flyover. The matter is
scheduled for consideration at the Jtine 4, 1991 1-neeting of the City Council.
Summa@Conclusion:
From my review of the Conflict of Interests Act and the information provided by
you as referenced below, I am of the opinion that you have a personal interest in the
transaction of the Virginia Beach City Council concerning the resolution directing the
Planning Commission tc) reconsider the need for tlie Constitution Drive Flyover. However,
as a member c)f a group of persons affected by the trinsaction, yoll inay p,,irticipate in the
transaction upon discl()slire Of YOLir iiiterest purstiint to Virgiiiii Code SS 2.1-639.14(G). In
this regard, I attacii a written declaration pLirSL]ant to SS 2.1-639.14(G) to be filed with the
City Clerk.
Councilman Harold Heischober -2- June 4, 1991
1 base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Facts Eresented-
On October 25, 1982, the Master Street and Highway Plan was amended to include
Constitution Drive as a six-lane divided flyover, with bikeway, extending from
Independence Boulevard north, over Route 44, to Columbus Loop. On July 9, 1990, City
Council deferred indefinitely a resolution that would bave requested the Commonwealth
Transportation Board to authorize the Virginia Department of Transportation to move
forward with design of the project. Your request for an advisory opinion is generated by
the Council's consideration of a resolution that would direct the Planning Commission to
reevaluate tbe need for the Constitution Drive Flyover, to consider its deletion from the
Master Street and Highway Plan, and to forward its recommendation to Council within
sixty days of adoption of the resolution.
You have advised me that your coricern, and reason for requesting this opinion, is
that you own property at 4372 Holland Road valued in excess of $10,000, that you operate
an auto-dealership from this location, and that the property may be subject to a taking,
in whole or in part, in connection with the Constitution Drive Flyover project.
The City's Department of Public Works/Real Estate has advised that the alignment
of the proposed project has not been fixed with certainty, but that based on the preferred
alignment, ingress and egress to your property may be affected and portions of your
property may be within the project boundaries and thus subject to a taking. Public
Works/Real Estate also advises that the property of approximately 25-30 similarly-situated
owners would also be subject to a taking, in whole or in part, in connection with the
project.
Issue:
Are you precluded from participating in the City Council discussion and vote on the
resolution directing the Planning Commission to reconsider the need for the Constitution
Drive Flyover?
Councilman Harold Heischober -3- June 4, 1991
Discussion:
I. Applicable Definitions of Section 2.1-639.1.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in SS 2.1-639.2 of the Virginia State and Local Government Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced
Act.
C. Council consideration of this resolution is a "transaction" as defined by the Act.
A transaction includes any matters considered by any governmental agency on which
official action is taken or contemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3% of the total equity of the business; (2) annual
income from ownership in real or personal property or a business in excess of $10,000.00;
3) salary from the use of property or paid by a business that exceeds $10,000.00 annually;
4) ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or
assumed on behalf of a business which exceeds 3% of the asset value of the business.
E. A "personal interest in the transaction" exists wlien an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is tbe subject of the transaction or (ii) may realize a reasonably foreseeable direct
or indirect benefit or detriment as the result of the agency considering the transaction.
11. Apl2lication of Definitions
A. Personal Interest
You have a personal interest in the land you own on Holland Road by virtue of
its value in excess of $10,000.00.
Councilman Harold Heischober -4- June 4, 1991
B. Personal Interest in the Transaction
In order to have a personal interest in the transaction, your property must be either
the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit
or detriment as a result of the transaction.
As ingress and egress to your property may be affected and portions of your
property may be within the project boundaries and subject to a taking, it iS Teasonably
foreseeable tbat you may realize a direct or indirect benefit or detriment as a result of the
eventual outcome of the Constitution Drive Flyover project. Consequently, it is my
opinion that you have a personal interest in the transaction within the meaning of the
Conflict of Interests Act.
The transaction before the Council does not, however, apply solely to your property.
You are a member of a group of owners of properties who will be subject to a taking, in
whole or in part, in connection with this project, and who will be similarly affected by the
Council's consideration of the resolution (Public Works/Real Estate advises that there are
25-30 similarly-situated owners who would also be subject to a taking). Therefore, it is
my opinion that you may participate in the Council's discussion and vote concerning the
resolution as long as you comply with the disclosure requirements of SS 2.1-639.14(G).
111. Disclosure Requirements:
Based on the fact that you are a member of a group which is affected by the
transaction, i.e., all similarly-situated property owners, you may participate in City
Council's consideration of the proposed resolution directing the Planning commission to
reconsider the need for the Constitution Drive Flyover. SLich disclosure must include a
declaration that you are able to participate in the transaction f,,iirly, objectively, and in the
public interest. A proposed disclosure letter which complies with SS 2.1-639.14(G) is
enclosed for your convenience. You may either make this declaration orally, which is to
be recorded in the written minutes of the City Council, or you may file a signed written
declaration with the Clerk of City Council, who shall retain and make this document
available for public inspection for a period of five years from the date of recording or
receipt.
The Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against
all appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of
impropriety which is unacceptable or which WOLild affect tlie confidence of the public in
the officer's ability to be impartial. I have opiiied that you may participate in the
Councilman Harold Heischober -5- June 4, 1991
transaction after disclosure. However, if you are concerned that participating in the
transaction, even after disclosure, could create an unacceptable appearance, you May
abstain from voting under SS 2.1-639.14(E) provided that you first discilse your interest in
the transaction.
As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides
that a written opinion of the ttorn@ -ade after a full disclosure of the facts, is
advisory and admissable as evidence that the local officer did riot kri0wingly violate the
Act, while a favorable opinion of the Commonwealth'@ Attorne as the enforcing officer
of the COIA, provides immunity from any alleged violation. If You choose to seek an
Opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lill
City Attorne
LLL/RMB/a@
Enclosure
REQUESTED BY COUNCILMAN LOULS JONES
RESOLUTION DIRECTING THE PLANNING COMMISSION OF
THE CITY OF VIRGINIA BEACH TO RECONSIDER THE NEED
FOR THE CONSTITUTION DRIVE FLYOVER
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That City Council hereby directs the Planning Cominission of the City of
Virginia Beach to reevaluate the need for the Constitution Drive Flyover, as it
would extend from Independence Boulevard north, over Route 44, to Columbus
Loop, arid consider its deletion from the Master Street and Highway Plan.
BE IT FURTHER RESOLVED:
That City Council hereby requests that the Planning Commission forward its
recommendation for the Constitution Drive Flyover to Council witmn sixty days
of adoption of this resolution.
Adopted by the Council of the City of Virginia Beach, Virginia, on this
4 day of une 1991.
@"'ICIVED,Uo Co@i,
.
APP,@OVET-1 AS TO
L,-,AL
- 14 -
Item 11-H.3.
RESOLUTIONS/ORDINANCES ITEM # 34511
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED:
Resolution provlding for the issuance of $6,370,000
School Bonds, Series of 1991A, of the City ot
Virginia Beach, Virginia, heretofore authorized, to
be sold to the Virginia Public SchOl Authority to
finance the construction, renovation and expansion
of certain school buildings in the City.
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
RESOLUTION PROVIDING FOR THE ISSUANCE OF $6,370,000
SCHOOL BONDS, SERIES OF 1991A, OF THE CITY OF VIRGINIA
BF.ACH, VIRGINIA, HERETOFORE AUTHORIZED, TO BE SOLD TO
THE VIRGINIA PUBLIC SCHOOL AUTHORITY, AND BETTING FORTH
THE FORK AND DETAILS THEREOF
WHEREAS, in July, 1990, the School Board of the City of
Virginia Beach, Virginia (the "School Board"), obtained a
commitment (the "Commitment") from the Commonwealth of Virginia
Board of Education (the "Board of Education") for a loan of
$6,369,454 (the "Literary Fund Loan") from the Literary Fund, a
permanent trust fund established by the Constitution of virginia
and dedicated to the support of public education in the
Commonwealth of Virginia (the "Literary Fund"), for the
construction, renovation and expansion of school buildings (the
"Project") in the City of Virginia Beach, Virginia (the "City").
WHEREAS, the Board of Education was to have given advances
on the Literary Fund Loan to the School Board, as construction or
renovation of the Project progressed, in exchange for temporary
notes from the School Board to the Literary Fund (the "Temporary
Notes") for the amounts so advanced;
WHEREAS, after the comoletion of the Project and the advance
of the total amount of the Commitment, the Temporary Notes were
to have been consolidated into a permanent loan note of the
School Board to the Literary Fund (the "Literary Fund
Obligation") which was to evidence the obligation of the School
Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne
interest at 4.0 percent per annum and mature in annual
installments for a period of 20 years;
WHEREAS, in connection with the 1991 Interest Rate Subsidy
Program (the "Program"), the Virginia Public School Authority
(the IIVPSAII) has offered to purchase general obligation school
bonds of the City, and the Board of Education has offered to pay,
to the City, a lump sum cash payment (the "Lump Sum Cash
Payment") equal to the sum of (a) net present value difference,
determined on the date the VPSA sells its bonds, between the
interest rate that the general obligation school bonds of the
City will bear upon sale to the VPSA and the interest rate that
the Literary Fund Obligation would have borne plus (b) an
allowance for the costs of issuing such bonds of the City (the
"Issuance Expense Allowance");
WHEREAS, the issuance of $68,375,000 bonds of the City was
authorized by an ordinance adopted by the City Council (the
"Council") of the City on August 21, 1989, after a public hearing
r
was held on such date, in accordance with the requirements of
Sections 15.1-171.1 and 15.1-504, Code of virginia of 1950, as
amended (the "Virginia Code"), and approved by the qualified
voters of the City at any election held on November 7, 1989, to
finance continuing development of the City's school system,
$35,000,000 of which bonds have been issued and sold; and
WHEREAS, the City Council (the "Council") of the City has
determined that it is necessary ai,d expedient to issue its
general obligation bonds in the maximum amount of $6,370,000 to
finance costs of the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. Issuance of Bonds and Use of Proceeds. The Council has
determined previously that it is advisable to contract a debt and
issue and sell general obligation bonds in an aggregate amount
not to exceed $6,370,000 (the "Bonds") for the purpose of
financing certain capital projects for public school purposes.
The Council hereby provides for the issuance and sale of the
Bonds in the form and upon the terms established pursuant to this
Resolution.
2. Sale of Bonds. It is determined to be in the best
interest of the City to accept the offer of the VPSA and the
Board of Education for the VPSA to purchase, and the City to sell
to the VPSA, the Bonds at a price equal to an amount that when
added to the Lump Sum Cash Payment will be approximately equal.to
the capital cost of the Project approved by the Board of
Education plus the Issuance Expense Allowance, upon the terms
established pursuant to this Resolution and for the City to
accept the Lump Sum Cash Payment from the Board of Education.
The Mayor and the City Manager, or either of them, are hereby
authorized and directed to execute the Bond Sale Agreement in
substantially the form submitted to the Council at this meeting,
which is hereby approved, deliver it to the VPSA and accept the
Lump Sum Cash Payment from the Board of Education.
3. Details of Bonds. The Bonds shall be issuable in
registered form in denominations of $5,000 and whole multiples
thereof; shall be dated the date of their issuance and delivery;
shall be designated "School Bonds, Series of 1991A;ll shall bear
interest payable semi-annually beginning December 15, 1991 (on
which date capitalized interest on the VPSA Bonds shall be
credited against such interest in full satisfaction thereof), and
on each June 15 and December 15 thereafter (each an "Interest
Payment Date"), at the rate or rates, and shall mature on
December 15 in the years (each a "Principal Payment Date") and in
the amounts, established in accordance with paragraph 4 of this
Resblution. The Interest Payment Dates stated above and the
principal amounts due on the Bonds as shown on Exhibit A attached
-2-
hereto are subject to change at the request of the VPSA. The
City Manager is hereby authorized to and directed to accept
changes in the Interest Payment Dates and the principal amounts
due on the Bonds at the request of the VPSA; and, the execution
and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence the same as having been approved and
authorized by this Resolution.
Interest on each Bond shall be payable (a) from its date, if
it is authenticated prior to December 15, 1991, or (b) otherwise
from the June 15 or December 15 that is, or immediately precedes,
the date on which it is authenticated (unless payment of interest
thereon is in default, in which case such Bond shall bear
interest from the date to which interest has been paid).
Principal and premium, if any, shall be payable, subject to the
provisions of Section 7, to the registered owners upon surrender
of the Bonds as they become due at the principal corporate trust
office of Crestar Bank, Richmond, Virginia, the Registrar.
Subject to the provisions of Section 7, interest shall be payable
by check or draft mailed to the registered owners at their
addresses as they appear on registration books kept by the
Registrar on the first day of the month of the interest payment
date. Principal, premium, if any, and interest shall be payable
in lawful money of the United States of America.
4. Award of Bonds: Interest Rates. The City Manager is
hereby authorized and directed to award the Bonds to the VPSA at
a price equal to an amount that when added to the Lump Sum Cash
Payment will be approximately equal to the capital cost of the
Project approved by the Board of Education plus the Issuance
Expense Allowance, upon the terms established pursuant to this
Resolution and for the City to accept the Lump Sum Cash Payment
from the Board of Education, at an interest rate or rates
established by the VPSA, provided that no such interest rate or
rates shall be more than ten one-hundredths of one percent
(10/100 of 1%) over the annual rate to be paid by the VPSA for
the corresponding maturity of the bonds to be issued by the VPSA
(the IIVPSA Bonds"), the proceeds of which will be used to
purchase the Bonds, and provided further, that no interest rate
or rates on the Bonds shall exceed nine percent (9%) per year.
Principal of the Bonds shall be payable in installments in years
and amounts as set forth on Exhibit A; provided, however, that
the City Manager is hereby authorized to award the Bonds to the
VPSA in accordance with a principal payment schedule different
from that set forth in Exhibit A as the VPSA may propose,
provided that such schedule shall provide for annual payments in
the years 1992 through 2011, inclusive. The execution and
delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence the same as having been approved and
authorized by this Resolution.
-3-
5. Form of Bonds When Owned bV VPSA. For as long as the
VPSA is the registered owner of the Bonds, the Bonds shall be in
the form of a single, temporary typewritten bond substantially in
the form attached hereto as Exhibit B.
6. Payment to VPSA: Paying Agent and Registrar.
a. For as long as the VPSA is the registered owner of
the Bonds, all payments of principal of, premium, if any, and
interest on the Bonds shall be made in immediately available
funds to the VPSA at or before 11:00 a.m. (Richmond, Virginia,
time) on the applicable Interest Payment Date and Principal
Payment Date, or, if such date is not a business day for Virginia
banks or for the Commonwealth of Virginia, then at or before
11:00 a.m. (Richmond, Virginia, time) on the business day next
preceding such Interest Payment Date and Principal Payment Date.
b. All overdue payments of principal and, to the
extent permitted by law, interest, shall bear interest at the
applicable interest rate or rates on the Bonds.
C. Crestar Bank, Richmond, virginia, is designated as
Bond Registrar and Paying Agent for the Bonds (the "Registrar").
7. No Prepayment or Redemption. The Bonds are not subject
to prepayment or redemption prior to their stated maturities.
8. Execution of Bonds. The Bonds shall be signed by the
manual or facsimile signature of the Mayor or Vice Mayor, shall
be countersigned by the manual or facsimile signature of the City
Clerk and the City's seal shall be affixed thereto or a facsimile
thereof printed thereon; provided, however, that if both of such
signatures are facsimiles, no Bond shall be valid until it has
been authenticated by the manual signature of an authorized
officer or employee of the Registrar and the date of
authentication noted thereon.
9. Pledge of Full Faith and Credit. For the timely
payment of the principal of and the interest on the Bonds as the
same shall become due, the full faith and credit of the city are
hereby irrevocably pledged, and in each year while any of the
Bonds shall be outstanding, unless other funds are lawfully
available and appropriated for timely payment of the Bonds, the
Council shall levy and collect in accordance with law an annual
ad valorem tax upon all taxable property in the City subject to
local taxation sufficient in amount to provide for the payment of
the principal of and the interest on the Bonds as such principal
and interest shall become due, which tax shall be without
limitation as to rate and amount and in addition to all other
taxes authorized to be levied in the City.
-4-
r
10. State Non- In
accordance with the requiremerts of the VPSA, the Council hereby
determines that it is in the Cityls best interests to participate
in the State Non-Arbitrage Program in connection with the Bonds,
and hereby authorizes and directs the City Treasurer to take such
action as shall be necessary or desirable therefor. The
appropriate officers of the City are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect
to the deposit and investment of proceeds of the Bonds bY and
among the City, the other participants in the sale of the VPSA
Bonds, the VPSA, Public Financial Management, Inc., as investment
manager, and Central Fidelity Bank, as depository; provided,
however, that such proceeds shall be invested in such manner that
none of the Bonds will be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue code of 1986, as amended,
including regulations applicable to the Bonds (the "Codell). The
Proceeds Agreement shall be in such form as shall be approved by
the City's bond counsel.
ii. The city hereby
covenants that it shall not take or omit to take any action the
taking or omission of which will cause the Bonds to be "arbitrage
bonds" within the meaning of Code Section 148, or otherwise cause
interest on the Bonds to be includable in the gross income for
federal income tax purposes of the registered owners thereof
under existing law. Without limiting the generality of the
foregoing, the City shall comply with any provision of law that
may require the city at any time to rebate to the United States
any part of the earnings derived from the investment of the gross
proceeds of the Bonds. The City shall pay any such required
rebate from its general funds.
12. Use of Proceeds Certificate. The appropriate officers
and agents of the City are hereby authorized and directed to
execute a Use of Proceeds Certificate or Certificates setting
forth the expected use and investment of the proceeds of the
Bonds and containing such covenants as may be necessary in order
to show compliance with the provisions of the Internal Revenue
Code of 1986, as amended (the "Codell), and applicable regulations
relating to the exclusion from gross income of interest on the
Bonds or on the VPSA Bonds. The Council, on behalf of the City,
covenants that the proceeds from the issuance and sale of the
Bonds will be invested and expended as set forth in such Use of
Proceeds Certificate and other Certificates and that the City
shall comply with the other covenants and representations
contained therein. Furthermore, the Council, on behalf of the
City covenants that the City shall comply with the provisions of
the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax
purposes. Such Certificates may also provide for any elections
such officers deem desirable regarding rebate of earnings to the
United States for purposes of complying with the provisions of
Code Section 148.
13. Restrictions on Private Use. The City covenants that
it will not perinit the gross proceeds of the Bonds to be used in
any manner that would result in (a) 5% or more of such proceeds
being used in a trade or business carried on by any person other
than a governmental unit, as provided in code Section 141(b),
(b) 5% or more of such proceeds being used with respect to any
"output facility" (other than a facility for the furnishing of
water), within the meaning of Code Section 141(b)(4), or (c) 5%
or more of such proceeds being used directly or indirectly to
make or finance loans to any persons other than a governmental
unit, as provided in code Section 141(c); provided, however, that
if the City receives an opinion of bond counsel to the City with
respect to the Bonds, and bond counsel to the VPSA with respect
to the VPSA Bonds, that compliance with any such restriction is
not required to prevent interest on the bonds of both issues from
being includable in the gross income for federal income tax
purposes of the registered owners thereof under existing law, the
City need not comply with such restriction.
14. No Sale of Bonds of Same Issue. The City covenants
that it will not, without the Authority's consent, sell or
deliver any general obligation bonds which are part of the same
common plan of financing (and paid for from the same source of
funds) as the Bonds between the dates that are 31 days prior to
the date of sale of the VPSA Bonds and 31 days after the Closing
Date.
15. Filing of Resolution. The appropriate officers or
agents of the City are hereby authorized and directed to cause a
certified copy of this Resolution to be filed with the Circuit
Court of the City.
16. Further Actions. The members of the Council and all
officers, employees and agents of the City are hereby authorized
to take such action as they or any one of them may consider
necessary or desirable in connection with the issuance and sale
of the Bonds, and any such action previously taken is hereby
ratified and confirmed.
17. Repeal of Resolutions in Conflict. All resolutions or
parts thereof in conflict herewith are hereby repealed.
18. Effective Date. This Resolution shall take effect
immediately.
ADOPTED: June 4, 1991
-6-
EXHIBIT A
Principal Repayment schedule
Year Amount Year Amount
1992 $ 315,000 2002 320,000
1993 315,000 2003 320,000
1994 315,000 2004 320,000
1995 315,000 2005 320,000
1996 315,000 2006 320,000
1997 315,000 2007 320,000
1998 320,000 2008 320,000
1999 320,000 2009 320,000
2000 320,000 2010 320,000
2001 320,000 2011 320,000
EXHIBIT B
(FORM OF TEMPORARY BOND)
NO. TR-1 $6,370,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
School Bond, series of 1991A
CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value
received, hereby acknowledges itself indebted and promises to pay
to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of
SIX MILLION THREE HUNDRED SEVENTY THOUSAND DOLLARS ($6,370,000),
in annual installments on December 15 of the years each a
"Principal Payment Date", together with interest on the unpaid
principal and, to the extent permitted by law, any overdue
interest at the annual rates set forth below from the date of
this Bond until payment of the principal sum hereof, such
interest to be payable commencing on December 15, 1991, and semi-
annually thereafter on June 15 and December 15 of each year (each
an "Interest Payment Date"; together with any Principal Payment
Date, a "Payment Date"), as follows:
Year of Principal Interest Year of Principal Interest
Maturity Amount Rate Maturity Amount Rate
1992 $ 2002 $
1993 2003
1994 2004
1995 2005
1996 2006
1997 2007
1998 2008
1999 2009
2000 2010
2001 2011
subject to prepayment as hereinafter provided. Both principal of
and interest on this Bond are payable in lawful money of the
united States of America.
For as long as the Virginia Public School Authority is the
registered owner of this Bond, Crestar Bank, Richmond, Virginia,
as Bond Registrar, shall make all payments of principal of,
premium, if any, and interest on this Bond, without the
presentation or surrender hereof, to the Virginia Public School
Authority, in immediately available funds at or before 11:00 a.m.
(Richmond, Virginia, time) on the applicable Payment Date. If a
B-1
T
Payment Date is not a business day for banks in the Commonwealth
of Virginia or for the Commonwealth of Virginia, then the payment
of principal of, premium, if any, or interest on this Bond shall
be made in immediately available funds at or before 11:00 a.m.
(Richmond, virginia, time) on the business day next preceding the
scheduled Payment Date. Upon receipt by the registered owner of
this Bond of said payments of principal, premium, if any, and
interest, written acknowledgement of the receipt thereof shall be
given promptly to the Bond Registrar, and the City shall be fully
discharged of its obligation on this Bond to the extent of the
payment so made. Upon final payment, this Bond shall be
surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably
pledged for the payment of principal of and interest on this
Bond.
This Bond is duly authorized and issued in compliance with
and pursuant to the constitution and laws of the Commonwealth of
virginia, including the Public Finance Act, Chapter 5, Title
15.1, Code of Virginia of 1950, as amended, and a resolution duly
adopted by the City Council of the City to provide funds,
together with other available funds, to finance capital projects
for public schools.
This Bond may be exchanged without cost at the principal
corporate trust office of the Bond Registrar for an equal
aggregate principal amount of bonds in definitive form having
maturities and bearing interest at rates corresponding to the
maturities of and the interest rates on the installments of
principal of this Bond then unpaid, issuable in fully registered
form in the denomination of $5,000 or integral multiples thereof.
This Bond is registered in the name of Virginia Public
School Authority on books of the city kept by the Bond Registrar,
and the transfer of this Bond may be effected by the registered
owner of this Bond only upon due execution of an assignment by
such registered owner. Upon receipt of such assignment and the
surrender of this Bond, the Bond Registrar shall exchange this
Bond for definitive Bonds as hereinabove provided, such
definitive Bonds to be registered on such registration books in
the name of the assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to
prepayment or redemption prior to their stated maturities.
All acts, conditions and things required by the Constitution
and laws of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and
manner as so required, and this Bond, together with all other
B-2
indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and laws of the Commonwealth of
Virginia. The ordinance adopted by the City Council authorizing
the issuance of the Bonds provides, and Section 15.1-210 of the
Code of Virginia of 1950, as amended, requires, that there shall
be levied and collected an annual tax upon all taxable property
in the City subject to local taxation sufficient to provide for
the payment of the principal of, premium, if any, and interest on
this Bond as the same shall become due which tax shall be without
limitation as to rate and amount and shall be in addition to all
other taxes authorized to be levied in the City.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this Bond to be signed by its Mayor, to be
countersigned by its Clerk, its seal to be affixed hereto, and
this Bond to be dated July _, 1991.
COUNTERSIGNED:
Clerk, City of Virginia (SEAL) Mayor of the Clty -f
Beach, Virginia Virginia Beach, Virginia
B-3
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE,
OF ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to
exchange said Bond for definitive bonds in lieu of which this
Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power
of substitution in the premises.
Date:
Registered owner
Signature Guaranteed:
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
(NOTICE: Signature(s) must be Bond in every particular,
guaranteed by a member firm of without alteration or change.)
the New York Stock Exchange or
a commercial bank or trust
company.)
B-4
VIRGINIA BEACH CITY SCHOOL BOARD
@E) @
@L@SC)L@tJjTIC)
SclwoIL54ut6@ 7or @ Eoan Dn 76
@rrwuni of L$6,3694S4
the Virginia Beach City School Board, Virgirv!a Beach, Virginia, has detennined that it is
necessary and desirable for the City of Virginia Beach to under(ake capital improve-
ments for its public schools; and
cas, the General Assemblyof thecon-anonwealthof Virginia has authorized a LiteraryFund
interest Tate subsidy prograrri; and
it is in the best interest of the City of Virginia Beach and the Virginia Beach Oty School
Board to participate in said subsidy program; Now, therefore, be it
j@eso6d, That thevirgirda Beach City School Board ratifythefilingof an applicationbythe Acting
Supeiintendent and the City Manager to the Virgiriia Public Schc)ol Authority fora loan
to the City of Virginia Beach in the maximum amoiint of $ 6,369,454 to finance capital
projects for public schools; and be it further
J@eSO@ Tbat this resolution shall take effect inunediately.
nie undersigned Clerk of the School Board of the City of Virginia Beach, Virgi@a, hereby cerfifies that the
foregoing constitutesa tnie and correct e@act from the minutes of a regular meeting of theschool Board held
on the 21st day of May, 1991, and of the whole thereof so far as app!icable -o tl,.e n'tatlers referred to in such
extract.
VWTNESS r?iysignatureandthesealoftheSchoolBoardoftheCityofVig-.*,-@B=@.,Virgr.!:,this2lstdayofMay,
1991.
Clerk
Virginia Beach City School Board
Virginia Beach, Virginia
- 15 -
Item II-H.4.
RESOLUTIONS/ORDINANCES ITEM # 34512
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPI'ED:
Resolution to establish a Summer Events Liaison
Committee to serve as liaison between Virginia
Beach Events Unlimited, the City Administration,
businesses and neighborhoods.
The Co-Chairs shall be appointed by the City Council and the Co-Chairs shall
select the other committee members. Said Members shall be confirmed by the City
Council.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Reba S. McClanan
Council Members Absent:
None
1 RESOLUTION TO ESTABLISH A SUMMER
2 EVENTS LIAISON COMMITTEE
3 WHEREAS, a large number of citizens and visitors are
4 expected to celebrate the summer of 1991 in Virginia Beach;
5 WHEREAS, the City of Virginia Beach is committed to
6 ensuring the opportunity for a pleasant suinmer experience for all
7 of its citizens and visitors;
8 WHEREAS, the City Council recognizes the need to plan
9 and coordinate the events to ensure a successful and enjoyable
10 summer long celebration; and
11 WHEREAS, events and activities for the summer season re
12 being planned by the private sector and virginia Beach Events
13 Unlimited.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
15 CITY OF VIRGINIA BEACH, VIRGINIA:
16 That there is hereby created by the City Council of the
17 City of Virginia Beach a Summer Events Liaison Comlittee; nd
18 BE IT FURTHER RESOLVED:
19 1. That the Committee shall serve as liaison between
20 Virginia Beach Events Unlimited, the City
21 Administration and businesses and neighborhoods,
22 and shall advise the City Council of the planning
23 and scheduling of events throughout the entire
24 summer.
25 2. That there shall be appointed by City council Co-
26 Chairs of the Committee with the responsibility of
27 organizing the Committee's efforts, arranging the
28 necessary working meetings with those involved in
29 planning events, and providing for appropriate
30 communication and liaison with City Council.
31 3. That the other Committee members shall be selected
32 by the Co-Chairs and confirmed by the City Council.
33 4. That the COmmittee shall dissolve and th, terms of
34 its members shall expire when a f inal report has
35 been presented and received by the CitY Council,
36 but in any event, not later than December 31, 199
1.
37 5. That COMnittee members shall not receive
38 compensation for their service on the C,Mmittee.
39 6. That unless otherwise specifically approved by the
40 City Council, the Committee is not authorized to
41 expend or obligate any funds, and shall not have
42 the authority to bind the City of Virginia Beach to
43 any contract or indebtedness.
44 7. That the Committee shall adhere to and follow all
45 applicable laws and CitY Policies including the
46 Freedom of Information Act and the conflict of
47 Interests Act.
48 8. That the Committee shall be responsive to the
49 Policies set by the City Council; and
50 BE IT FURTHER RESOLVED:
51 That event planners in the private sector and Virginia
52 Beach EVents Unlimited are requested by City Council to assist in
53 this liaison committee effort by their support and cooperation.
54 Adopted by the City council of the City of Virginia
55 Beach, Virginia, on the 4 day of June
1991.
56 CA-4180
57 Noncode\Liaison2.Res
58 R-5
2
1 6
Item 11-H.5.
RESOLUTIONS/ORDINANCES ITEM # 34513
Upon motion by Counci Iman Heischober, seconded by Counci iman Jones, City
Council ADOPTED:
Total Quality Management Revisions to City Organizational
Structure -Stage 1:
Resolution to reorganize and implement Stage I of a
Strategic Reorganizatlon Plan; and, authorize the City
Manager to make such changes and budget transfers
necessary to accomplish this transition.
A N D,
Ordinances to AMEND and REORDAIN the Code of the City
of Virginia Beach, Virginia:
Section 2-71 re Department of Personnel.
Sections 2-151, 2-151.1, 2-153 and 2-154 re City
Manager.
Chapter 2 by ADDING Article XXIV re Department
of Museums.
Chapter 2 by ADDING Article XXV re Department of
Natural Resources and Rural Services.
Voting: 9-2
Council 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 William D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne and Reba S. McCianan
Council Members Absent:
None
1 A RESOLUTION TO REORGANIZE THE
2 EXISTING STRUCTURE OF CITY
3 OPERATIONS
4 WHEREAS, the City of Virginia Beach exists in an
5 environment of rapid overall change precipitated by changes due to
6 technological advancements, changes in the demographics of its
7 citizens, changes in community needs and changes in the fiscal
8 environment;
9 WHEREAS, the City administration has the responsibility
10 to periodically examine its organizational structure and to make
11 adjustments to better serve its customers--the citizens of the
12 City;
13 WHEREAS, the City Manager coordinated an internal
14 process over the past several months designed (1) to revise the
15 strategic plan for the management of the City to reflect changes
16 in the external envirorunent and to deal with issues relevant to
17 the City's customers and (2) to develop a realistic organization
18 that would provide a forum for implementing the strategic plan;
19 WHEREAS, this internal process was a collaborative
20 effort that included participation by numerous management-level
21 employees and officials;
22 WHEREAS, the process involved an extensive analysis of
23 approaches used by other organizations and of Total Quality
24 Management concepts and practices;
25 WHEREAS, the City Manager and staff have developed, and
26 recommend for implementation, Stage I of a strategic
27 reorganization plan that is intended to contribute to the
28 accomplishment of the goals and objectives identified to through
29 the internal process; and
30 WHEREAS, City Council has reviewed the proposed
31 strategic plan and is confident that its implementation will be in
32 the best interests of the City and its customers.
33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
34 CITY OF VIRGINIA BEACH, VIRGINIA:
35 1. That the council hereby authorizes creation of the
36 position of Chief of Staff and further authorizes the transfer of
37 an existing position from within the City to the Executive
38 Department to fill the newly-created position;
39 2. That the Bureau of Street Cleaning, presently
40 assigned to the Department of General Services, Landscape Services
41 DiVision, is hereby abolished, and its functions are hereby
42 reassigned to the Department of Public Works, Division of Highway
43 Maintenance;
44 3. That the Bureau of Beach Maintenance, presently
45 assigned to the Department of General Services, Landscape Services
46 DiVision, is hereby abolished, and its functions are hereby
47 reassigned to the Department of Public Works, Waste Management
48 Division;
49 4. That the Resort Programs office is hereby abolished,
50 and its functions are hereby reassigned to the Department of
51 convention and Visitor Development;
52 5. That the Department of Personnel is hereby renamed
53 the Department of Human Resources;
54 6. That the Safety Office, presently assigned to the
55 Department of General Services, is hereby reassigned to the
56 Department of Human Resources;
57 7. That the Department of Occupational Health Services
58 is hereby abolished, and its functions are hereby reassigned to
59 the Department of Human Resources;
60 8. That the Department of Data Processing is hereby
61 renamed the Department of Information Technology;
62 9. That the Division of Telecommunications of the
63 Department of General Services is hereby abolished, and its
64 functions are hereby reassigned to the Department of Information
65 Technology;
66 10. That there is hereby created a Department of
67 Museums and that the functions of, and staff support for, the
2
68 Marine Science Museum, the FranciS Land House, the dewitt Cottage
69 and the Arts and Humanities Commission are hereby assigned to the
70 Department of Museums;
71 11. That the Department of Agriculture shall continue
72 to exist and operate, as prescribed by the City Charter, as a
73 separate governmental unit for the coordination of functions of
74 the Virginia Cooperative Extension Service;
75 12. That there is hereby created a Department of
76 Natural Resources and Rural Services and that the functions of,
77 and support staff for, the divisions of Administration,
78 Envirorunental Services, and Farmers' Market of the Department of
79 Agriculture are hereby reassigned to the Department of Natural
80 Resources and Rural Services;
81 13. That the functions of the office of Environmental
82 Management are hereby assigned to the Department of Natural
83 Resources and Rural Services;
84 14. That there is hereby created a Parking Systems
85 Management Office to centralize the operations and maintenance of
86 municipal parking programs including parking lots and parking
87 meters to be funded by the Parking Enterprise Fund;
88 15. That the City Manager is hereby authorized to
89 transfer such funds as may be necessary to implement the
90 organizational changes set forth herein;
91 16. That this Resolution shall become effective
92 immediately upon its adoption and that the specific organizational
93 changes set forth herein shall be implemented on such date or
94 dates as the City Manager determines, in his discretion, to be
95 necessary to guarantee a smooth and orderly transition of existing
96 organizational functions; and
97 17. That the City Manager is hereby authorized and
98 directed to continue to examine and analyze the City's
99 organizational structure and to periodically make such
100 recommendations to the Council as the City Manager determines to
101 be in the best interests of the City and its citizens.
3
102 Adopted by the Council of the City of Virginia Beach
103 this 4 day of June , 1991.
104 CA-4173
105 Noncode\Structure.Res
106 R-11
4
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 2-7t OF THE
3 CODE OF TIIE CITY OF VIRGINIA
4 BEACH, VIIZGINIA, PER'RAINING TO
5 TIJE DEPARTMENT OF PERSONNEL.
6 BE IT ORDAINED BY TI-IE CITY COUNCIL OF TIIE CITY OF VIRGINIA
7 BEACIJ, VIRGINIA:
8 Tllat Section 2-71 of tlie Co(le of tlie City of Vii-giiii,,i Be,,icli, Virgiiiii, is liereby
9 amencied and reordained to reii(I @is l@ollows:
10 Sectioii 2-71. Est@iblisliiilejit, coiilpositionin(i 1:11lictio[i c)t@ (teplirtilient Of lilii-n@in resources.
11 (a) Tilere is liereby createci a (lel),irtilieiit of p@rsonnw litim@in resotirces, wliicli
12 sliall consist of a director of @onnel resotii-(@es, wlio sliall I)e tlie h@ld of tlie
13 department, atid siich otlier officers and eiiiployees is iii,,iy t)e prescribed I)y tlie coiincil
14 or I)y orciers of tlie city miiiager or (lirectoi coiisisteiit tllerewitli.
15 (b) Tile dep,,irttiient of P(:Fsollll@l llillil;iii res(iiii-ces sliall I)C resl)(Insit)le fol-
16 loriiiiilating recoinmeilcikitions to tlie city iii@iii;tger f@or I)ropose(i pei-sotitiel policies @in(i
17 procediires. Tlie deD,,lrtineiit of filiiiiiii i-(,,sotii-(,es sli@ill ;ilso I)e resi)onsitile f()r tlie
18 i)rovision of sticli otlier serv , % i,% nvi [)c I)v tlie coiin(@il ()r city ill',IilltCr.
19 (c) No foriii,,i] personnel policy oi- I)j-oceclill-e silill I)e el@l@ective iiiitil iil)l)roveci I)y
20 tlie city i-niinager. All 1)1-opose(i I)olicies 811,111 I)C Stll).iect to @ippi.ovll Is to legil froill I)Y
21 tlie city attorney.
22 (d) Tlie @nncl depai-iiiielit of' litilililli i-esoiir(!es sli,,ill be resl)()nsible for (ilily
23 iiciiiiiiiistratioil iitid ipplic@ition of city I)ersoiiiiel lioli(!ies ;iiid ilroce(itires.
24 Wlienever the teriiis "DelL,,t tlll@ ofl' @in(I "Director of Persoiinel"
25 iii-e iised iii tlie City Cocie, ions. or in anv
26 otil.er citv r)til)li(qition, sticli teriiis sli@ill [)e (iceiiie,(l to I)e- tlie "I)eli@ti-iiileiit of I-Iiiinin
27 Resotirces" in(] tlie "Director of lltliii;lli Ize"olli-ces", I-(!Slle(:tiveiv.
28 Adopted by tlie Cc)i-incil of the City of Virginia Beicli, Virginia on the 4 day
29 of June 1 1991.
30 CA-4198
31 \ordin\proposed\02-7l.pro
32 R-2
2
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 2-151, 2-
3 151.1, 2-152 AND 2-154 OF THE
4 CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, PERTAINING TO
6 THE CITY MANAGER.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 2-151, 2-151.1, 2-152 and 2-154 of the Code of
10 the City of Virginia Beach, Virginia, are hereby amended and
11 reordained to read as follows:
12 Section 2-151. Assistants.
13 There shall be, in the office of the city manager, chief of
14 staff, assistant city managers, assistants to the city manager,
15 and support staff, whose duties shall be such as may be prescribed
16 by the city manager.
17 RAC;ti-Qn 2-151.1. DepUty GitY manager and ager-s.
18 Ephn fellow,- OffiGe of
19 the Gity manager@ T-he d
20 ;irgigt
.- ant Gity ma;iager- ;ger- ant G
21 manager fer analysis and r-
22 f-er- h@an T-
23 presgribed by the Gity manager.
24 Section 2-152. Acting manager.
25 The citv ma stablish a ch d which mav
26 be me. In the absence or temporary
27 incapacity of the city manager, the GlepUty Gity for-
28 develepment, th-- er- fGr- aGIm,'--Istr-atien, t@
29 gnd the
ty inanacjer- f-a--
30 ;ig@i-9t;a4;t c-i-ty manacjer- fe -- ------
31 individuals identified in the chain of command shall be empowered,
32 authorized and directed to act in his stead and any such act shall
33 have the same force and effect as if performed by the city
34 manager.
35 Section 2-154. Execution of contracts.
3 6 Except as otherwise provided by law, Charter or ordinance,
37 the city manager @ or his duly authorized desicinee shall be
38 authorized to make and execute, during the ordinary course of
39 business, within the limitations of the appropriation ordinance
40 for any year, all contracts on behalf of the city and such other
41 contracts as may be authorized by the city council. Such
42 contracts shall be approved as to availability of funds by the
43 director of finance and as to form by the city attorney and, where
44 necessary, attested by the city clerk.
45 Adopted by the Council of the City of Virginia Beach,
46 Virginia on the 4 day of June 1991.
47 CA-4174
48 \ordin\proposed\02-15let.pro
49 R-3
2
1 AN ORDINANCE TO AMEND AND
2 REORDAIN CHAPTER 2 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, BY ADDING A NEW
5 ARTICLE XXIV PERTAINTNG TO THE
6 DEPARTMENT OF MUSEUMS.
7 BE IT ORDAINED BY THE CITY COTJNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Chapter 2 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained by adding a new Article
11 XXIV to read as follows:
12 ARTICLE XXIV. DEPARTf4ENT OF MJSEIIMS
13 Section 2-455. Created; composi.tion,
14 There is hereby created a department to be designated the
15 department of museums which shall consist of a director of the
16 department and such other employees as may be prescribed by the
17 Charter, or by ordinance, or by direction of the city manager or
18 the director consistent therewith.
19 Section 2-456. Functions.
20 The department of museums shall be responsible for
21 administering and coordinat t@e activities and functions of the
22 Virginia Marine Science Museum, the Francis Land House, the dewitt
23 Cottage and the Arts and Humanities Commission. The department of
24 museums shall also be responsible for the provision of such other
25 services as may be directed by the council or the city manager.
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia on the 4 day of June 1991.
28 CA-4175
29 \ordin\proposed\02-455.pro
30 R-1
1 AN ORDINANCE TO AMEND AND
2 REORDAIN CHAPTER 2 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, BY ADDING A NEW
5 ARTICLE XXV, PERTAINING TO THE
6 DEPARTMENT OF NATURAL RESOURCES
7 AND RURAL SERVICES.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Chapter 2 of the Code of the City of Virginia Beach,
11 Virginia, is hereby amended and reordained by adding a new Article
12 XXV to read as follows:
13 ARTICLE XXV. DEPARTMENT OF NATRUAL
14 RESOURCES AND RURAL SERVICES
15 Section 2-457. Created; composition.
16 There is hereby created a department to be designated the
17 department of natural resources and rural services which shall
18 consist of a director of the department and such other employees
19 as may be larescribed by the Charter, or by ordinance, or by
20 direction of the city manager or the director consistent
21 therewith.
22 Section 2-458. Functions.
23 The department of natural resources and rural services shall
24 be responsible for the administration and management of activities
25 and functions involving the environmental and agricultural
26 resources of the city. The department of natural resources and
27 rural services shall also be responsible for the provision of such
28 other services as may be directed by the council or the city
29 manager.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia on the 4 day of June 1991.
32 CA-4243
33 \ordin\proposed\02-457et.pro
34 R-2
- 17 -
Item 11-H.6.
RESOLUTIONS/ORDINANCES ITEM # 34314
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 37-47 of
the Code of the City of Vl'rginia Beach, Virginia,
re water usage rates effective I July 1991 and
1992.
AND, APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $600,425 to the Department
of Public Utilities re an Increase in the rate of
water purchased from the City of Norfolk.
Votlng: 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.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
APEt
70 @.EGAL
C,
I AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-
2 47 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 PERTAINING TO WATER USAGE RATES
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That Section 37-47 of the Code of the City of virginia
7 Beach, pertaining to, water usage rates, be, and hereby is, amended
8 and reordained, and shall read as follows:
9 Sec. 37-47. Water usage rates prescribed.
10 In addition to the charges provided for in section 37-46, each
11 consumer shall pay for water usage the rate of two dollars and
12 seventy-seven cents ($2.77) per thousand (1,000) gallons for 1990-
13 1991, effective as of October 1, 1990, and two dollars and ninety-
14 ene six cents ($2 91) ($2.96) per thousand (1,000) gallons for
15 1991-1992, effective July 1, 1991, and three dollars and ene eleven
16 cents ($; 91) ($3.11) per thousand (1,000) gallons for 1992-1993,
17 effective July 1, 1992.
18 Adopted by the City Council of the City of Virginia Beach on
19 the Fourth day of June 1991.
20 CA-91-4259
21 \ordin\noncode\37-47.pro
22 R-1
1 AN ORDINANCE TO APPROPRIATE FUNDS OF $600,425
2 TO THE DEPARTMENT OF PUBLIC UTILITIES DUE TO AN INCREASE
3 IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLK
4 WHEREAS, due to an increase in the rate of water purchased from the City
5 of Norfolk, the water rate charged to customers will increase to $2.96 per
6 thousand gallons effective as of July 1, 1991;
7 WHEREAS, the revised rate will result in an operating budget increase of
8 $600,425 for the purchase of water;
9 WHEREAS, the increase in appropriations will be offset by a like increase
10 in estimated revenues from the sale of water to customers;
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA, that funds in the amount of $600,425 are hereby appropriated
13 to the Department of Public Utilities for an increase in the rate of water
14 purchased from the City of Norfolk.
15 BE IT FURTHER ORDAINED that the increase in appropriations be offset by
16 a like increase in estimated revenues from the sale of water.
17' This ordinance shall be effective from the date of its adoption.
18 Adopted by the City Council of the City of Virginia Beach, Virginia on the
19 day of 1991.
20 First Reading: June 4, 1991
21 Second Reading:
APPROVED AS TO CONTENT:
Walter C. Kraemer, Jr.
" I 'W@
Depa-rtment
Item II-H.7.
RESOLUTIONS/ORDINANCES ITEM 34515
The following registered in OPPOSITION:
Eric C. Anderson, 5299 Greenwich Road, Phone: 499-5961, President of the
Lakeside Construction Corporation. Mr. Anderson advised Lakeside was the major
landowner in this area.
John Richardson, represented Lakeside Construction Corporation, and expressed
concern relative the alignment widening of the road, which would take place
solely on Lakeside's property. This is a very strategic intersection.
Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City
Council DEFERRED until the City Council Session of July 2, 1991:
Ordinances re Princess Anne Road and Sandbridge Road
Intersection Improvements (CIP 2-816) (Deferred May 14,
1991):
Authorize the City Manager to TRANSFER $173,000
from Flanagan's Lane (CIP 2-134) to Traffic Safety
Improvements (CIP 2-816) to fund traffic safety
improvements at Princess Anne and Sandbridge Roads.
A N D,
Authorize acquisition of property in fee simple for
right-of-way for Princess Anne and Sandbridge
Roads Intersection Improvements (CIP 2-816); and,
acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation.
This DEFERRAL will enable the City Staff to meet with Mr. Anderson and his
engineers. However, this project is an enteral improvement. It is not designed
to provide the ultimate alignment and intersection. The ultimate would entail
more expense, additional right-of-way and a larger scale project. The City
Staff will also confer with Mr. Hill, an adjacent resident, relative stormwater
run-off and design of the project.
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
- 19 -
Item II-H.8.a.b.
RESOLUTIONS/ORDINANCES ITEM # 34516
Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Flanagan's Lane
(CIP 2-134); and, acquisition of temporary and
permanent easements of right-of-way, either by
agreement or condemnation.
Resolution re disposition of potential EXCESS City
property in the vicinity of Princess Anne Road and
Flanagan's Lane (CTP 2-134).
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
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 FLANAGAN'S LANE CIP 2-134 AND THE ACQUISITION
4 OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT
5 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, virginia, a public necessity exists for the
8 construction of this important roadway to provide transportation
9 and for other public purposes for the preservation of the safety,
10 health, peace, good order, comfort, convenience, and for the
11 welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City of Virginia Beach is hereby
15 authorized to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq., Code of Virginia of 1950, as amended, all that certain
18 real property in fee simple, including temporary and permanent
19 easements of right of way as shown on the plans entitled
20 "FLANAGANIS LANE (PRINCESS ANNE ROAD REALIGNMENT) CIP #2-134,11
21 these plans being on file in the office of Real Estate Department
22 of Public Works, Virginia Beach, virginia.
23 Section 2. That the City Manager is hereby authorized
24 to make or cause to be made on behalf of the City of Virginia
25 Beach, to the extent that funds are available, a reasonable offer
26 to the owners or persons having an interest in said lands, if
27 refused, the City Attorney is hereby authorized to institute
28 proceedings to condemn said property.
29 Adopted by the council of the City of virginia Beach,
30 virginia, on the 4 day of June 1991.
31 CA-4208
32 NONCODE\CA-4208.ORD
33 R-1
D@P@,';MENT
AS TO
DE t',@R@
AP','P--Vz-:D AS TO @ EC.',e%L
SUFFICIEbU@A@,::)
CITY ATTORN$-:y
I A RESOLUTION REGARDING DISPOSITION
2 OF POTENTIAL EXCESS CITY PROPERTY IN
3 THE VICINITY OF PRINCESS ANNE ROAD
4 AND FLANAGAN'S LANE (C.I.P- 2-134).
5
6 WHEREAS, the Council of the City of Virginia Beach has
7 authorized the City to acquire right-of-way for Princess Anne Road
8 at Flanagan's Lane (C.I.P. 2-134); and
9 WHEREAS, due to this acquisition, a portion of the old
10 roadway of Princess Anne Road will no longer be required by the
11 city due to a shift in alignment; and
12 WHEREAS, some of the lands to be acquired for the new
13 section of Princess Anne Road from various owners will have the
14 frontage of their properties altered by the relocated portion of
15 Princess Anne Road; and
16 WHEREAS, these affected landowners have requested that
17 the City Council consider declaring certain portions of the old
18 roadway and adjacent city property as excess property and
19 conveying same to them in order to restore their road frontage
20 that may be lost due to the city's acquisition; and
21 WHEREAS, the Council of the City of Virginia Beach
22 agrees in principle with this request and desires to authorize the
23 city manager and his assigns to negotiate with the affected
24 property owners in an attempt to resolve this issue and bring back
25 to Council in the form of an ordinance an acceptable resolution of
26 this matter.
27 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29 That the City Council of the City of Virginia Beach
30 agrees in principle to the request referenced above and hereby
31 authorizes the city manager and his assigns to attempt to reach an
32 acceptable resolution of this matter and return to city Council
33 for appropriate action.
34 Adopted by the City Council of the City of Virginia Beach,
35 Virginia, on the 4 day of June 1 1991.
36 CA-91-4284
37 \noncode\cip2-134.res
38 R-3
2
- 20 -
Item II-H.9.
RESOLUTIONS/ORDINANCES ITEM # 34517
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Session of June 25, 1991:
Ordinance to AMEND and REORDAIN Section 21-398 of
the Code of the City of Virginia Beach, Virginia,
re 24-hour parking meters.
This DEFERRAL will enable further review of the Ordinance by City Staff,
particularly concerning the area north of 34th Street, which is primarily
residential mixed with commercial and tends to force parking further back into
the communities. A review by City Staff will also enable determination of areas
where additional parking meters might be installed.
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
- 21 -
Item 11-1.1
CONSENT AGENDA ITEM # 34518
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED in ONE 140TION Items 1 a. b. and 2 a.b- ot the CONSENT AGENDA:
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 Votlng Nay:
None
Council Members Absent:
None
- 22 -
Item 11-I.l.a.
CONSENT AGENDA ITEM # 34519
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $36,612 to the
Commonwealth's Attorney's Office for an additional
Attorney I position to be tunded by a $28,738
Increase In estimated revenues.
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. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $36,612 TO THE COMMONWEALTH'S
2 ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I
3 POSITION TO BE FUNDED BY A $28,738 INCREASE IN
4 EST114ATED REVENUES AND A $7,874 TPANSFER FROM
5 RESERVES FOR CONTINGENCIES
6 WHEREAS, the State Compensation Board has granted approval to the Office
7 of the Commonwealth's Attorney for an additional Attorney I position for FY1991-
8 92 to address the increased workload;
9 VHEREAS, the total net additional cost of the position including salary,
10 fringe benefits, and operating costs is $36,612;
11 VHEREAS, of the total net ad(litional costs, $28,738 will be funded by
12 additional revenues in the form of reii.,burseme--ts from the Commonwealth, and
13 $7,874 will be funded through a transfer of funds from General Fund Reserves
14 for Contingencies, representing the City's optional suppl.ement;
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
16 VIRGINIA, that an additional Attorney I position granted from the State
17 Compensation Board be accepted and approved, and funds in the amount of $36,612
18 be appropriated to the FY1991-92 Operating Budget of the Commonwealtb's Attorney;
19 BE IT FURTHER ORDAINED, tliat tlie additionii Attortiey I position be funded
20 by an increase in estitnated revenues of $28,738 as Reimbursements from the
21 Commonwealth, and a transfer of $7,874 from General Fund Reserves for
22 Contingencies as the City's optional suppletnent.
Fourth June
23 ADOPTED THE _ DAY OF 1991, BY THE CITY COUNCIL OF VIRGINIA
24 BEACH, VIRGINIA.
25 This ordinance shall be in effect on July 1, 1991.
26 FIRST READING: May 28, 1991
27 SECOND READING: June 4, 1991
attorney.ord/swj
- 23 -
Item 11-1.1-b.
CONSENT AGENDA ITEM # 34520
Upon motlon by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, upon SECOND READING:
ORDINANCE TO APPROPRIATE $100,266 to the Department
of Mental Health/Mental Retardation/Substance Abuse
Services re substance abuse programming in the
Criminal Justice System and for women and youth.
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
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF @100,266 TO THE DEPARTMENT OF
3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABTJSE SERVICES
4 FOR SUBSTANCE ABUSE PROCAMMING IN THE CRIMINAL JUSTICE
5 SYSTEM AND FOR WOMEN AND YOUTH
6 WHEREAS, The State Department of Mental Health, Mental Retardation, and
7 Substance Abuse Services has notified the Virginia Beach Mental Health/Mental
8 Retardation/Substance Abuse Services Department (MH/MR/SAS) of an additional
9 allocation for the state fiscal year 1992;
10 WHEREAS, this additional allocation is $100,266 in block grant funds
11 from the federal Alcohol, Drug Abuse and Mental Health Administration to support
12 new program development and expansion;
13 WHEREAS, this program and development and expansion is targeted for
14 women who are of childbearing age, are pregnant, or have children, and for youth
15 in the juvenile justice system, and for adults in the criminal justice system;
16 WHEREAS, MH/MR/SAS has proposed to use this allocation for services
17 beginning on July 1, 1991 for women, adults in the criminal justice system, and
18 youth involved with the crituinal justice system through activities in the jail
19 and the fourth precinct;
20 WHEREAS, these funds will be used to implement the activities decribed
21 above and provide an additional 3,0 FTE's in FY 91-92;
22 WHEREAS, there is no match required by the block grant allocation
23 services and no additional city funds are required.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That the additional block grant allocation in the amount of $100,266
27 from the State Department of Mental Health, Mental Retardation, and Substance
28 Abuse Services be accepted and appropriated to the Grants Consolidated Fund for
29 FY 91-92 and that the activities described above and three full time additional
30 positions be authorized only for the duration of the grant;
31 BE IT FURTHER ORDAINED:
32 That revenue from the Commonwealth be increased by $100,266.
33 This ordinance shall be in effect from the date of its adoption,
34 Adopted by the Council of the City of Virginia Beach, Virginia on the
35 4 day of June
1 1991.
36 First Reading May 28,1991
37 Second Readini! June 4, 1991
- 24 -
Item II-I.2.a.
CONSENT AGENDA ITEM # 34521
Attorney Mike Hamar, Clark and Stant, 900 One Columbus Center, Phone: 473-5321,
represented the applicant.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Herman, Inc. for the closure of an unnamed twenty
foot lane, traversing Block "E", as shown upon that
certain plat entitled "Replat of property owned by
Definite Contract Building & Loan Association,
Virginia Beach, Virginia", containing approximately
2,365.5 square feet (VIRGINIA BEACH BOROUGH).
The Viewers are:
David M. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
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
ORDINANCE APPOINTING VIEWERS
WHEREAS, Herman, Inc., a Virginia corporation, has given
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 4th day of June, 1991,
apply to the City Council of the City of Virginia Beach, Virginia
for the appointment of viewers to view the below-described pro-
perty and report in writing to the Council whether, in the opi-
nion of said Viewers, what inconvenience, if any, would result
from the discontinuance of the hereinafter described portion of
that certain street, and have filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT Robert J. Scc)tt C. Oral rt, Jr.
and Dztvid M. Grochnul
are hereby appointed to view the below described property and
report in writing to the Council, as soon as possible, whether in
their opinion, what inconvenience, if any, would result in the
discontinuing and vacating of a portion of that certain street
located in the City of Virginia Beach, virginia, and more par-
ticularly described as follows:
An unnamed twenty (20) foot lane, commencing
at the northwest corner of Lot 10, Block E, as
shown on tliat certain plat entitled "Re-Plat
of Property of Definite Contract Building &
Loan Association, virginia Beach, Virginia,',
which plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 10, page 84, and
thence S 1914811911 E a distance of 10.00 feet,
thence S 7611114111 W a distance of 117.65 feet
more or less to the eastern boundary of the
right of way of Pacific Avenue; thence in a
northerly direction along the right of way of
Pacific Avenue along a curve to the right with
a radius of 129.04 feet an arc distance of
20.10 feet more or less to the southern boun-
dary of the remaining portion of Lot 6, Block
E, as shown on the aforesaid plat; thence N
76*1114111 E a distance of 119.42 feet more or
less to the western boundary of Lot 3, Block
E, as shown on the aforesaid plat; thence S
19'48119" E a distance of 10.00 feet to the
point of beginning, containing approximately
2,365.5 square feet.
All the above as shown upon tliat certain plat entitled
Plat Showing 201 Lane to be Closed Adjacent to Lot 3, Block E and
Parcel Formerly Norfolk Southerii R.R., Re-Plat of Property owned
by Definite Contract Building and Loan Association and the
Western 101 of Lot 4, the Remaining Portions of Lots 5, 6, 7, 8 &
9 and Lot 10, Block E, as Shown oii Plat Entitled "Property of Gus
G. Opolos" for Herman, Inc., made by John E. Sirine and Asso-
ciates, Ltd., which plat is attached hereto and made a part
hereof and intended to be recorded with the ordinance closing the
aforedescribed street.
mbh/58014/000
o.hi.c
ADOPTED: June 4, 1991
2
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on
the 4th day of June, 1991 at 2:00 p.m. at the City Hall of the
City of Virginia Beach, the undersigned will petition the Council
for the appointment of Viewers to view the below-described por-
tion of the certain street and report to the City Council whether
in the opinion of the Viewers, what, if any, inconvenience would
result from the vacating, closing, and discontinuance of same,
the said portion of said street being described as follows:
An unnamed twenty (20) foot lane, commencing
at the northwest corner of Lot 10, Block E, as
shown on that certain plat entitled "Re-Plat
.:of @.Property..of.,Defi-nite- Contract.-BuildJ-ng &
Loan Association, virginia Beach, virginia",
which plat is recorded in the Clerk's office
of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 10, page 84, and
thence S 1914811911 E a distance of 10.00 feet,
thence S 7611114111 W a distance of 117.65 feet
more or less to the eastern boundary of the
right of way of Pacific Avenue; thence in a
northerly direction along the right of way of
Pacific Avenue along a curve to the right with
a radius of 129.04 feet an arc distance of
20.10 feet more or less to the southern boun-
dary of the remaining portion of Lot 6, Block
E, as shown on the aforesaid plat; thence N
76111141" E a distance of 119.42 feet more or
less to the western boundary of Lot 3, Block
E, as shown on the aforesaid plat; thence S
19@48119" E a distance of 10.00 feet to the
point of beginning, containing approximately
2,365.5 square feet.
All of the above, as indicated upon those certain
recorded plats entitled (i) "Re-Plat of Property of Definite
Contract Building & Loan Association, Virginia Beach, Virginia,,,
and (ii) 'Proper-ty of Gus G. Opolos" as shown on Plat Showing 201
La.ne to be Closed Adjacent to Lot 3, Block B and Parcel Formerly
Nor@'olk Southern R.R., Re-Plat of Property Owned by Definite
Contract Building and Loan Association and the Western 10' of Lot
4, the Remaining Portions of Lots 5, 6, 7, 8 & 9 and Lot 10,
Block E, as Shown on Plat Entitled "Property of Gus G. Opolos"
for Herman, Inc., made by John E.- Sirine and Associates, Ltd.,
dated December, 1990 and revised January 29, 1991.
At any time, anyone affected may appear and present his
views.
After the report of the viewers is received, at the next
regular.meeting..of the City Coiinril, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close and discontinue that portion of
unnamed twenty (20) foot lane, in the City of virginia Beach,
virginia, described above.
HERMAN, INC., a Virginia
corporation
By:
0 Col.
Donald H. Clark
Michael B. Hamar
CLARK & STA-NT, P.C.
900 One Columbus Center
Virginia Beach, Virginia 23462
(804) 499-8800
mbh/58014/000
n.hi.c
2
IN THE MATTER OF CLOSING, VACATIKG AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN, AS UNNAMED TWENTY FOOT LANE,
TRAVERSING BLOCK "E", AS SHOWN UPON THAT CERTAIN PLAT ENTITLED
'REPLAT OF PROPERTY OWNED BY DEFINITE CONTRACT BUILDING & LOAN
ASSOCIATION, VIRGINIA BEACH, VA.", AS SHOWN ON PLAT SHOWING 20
FOOT LANE TO BE CLOSED ADJACENT TO LOT 3, BLOCK E AND PARCEL
FORMERLY NORFOLK SOUTHERN R.R., RE-PLAT OF PROPERTY OWNED BY
DEFINITE CONTRACT BUILDING AND LOAN ASSOCIATION AND THE WESTERN
10' OF LOT 4, THE REMAINING PORTIONS OF LOTS 5, 6, 7, 8, 9 AND
LOT 10, BLOCK E, AS SHOWN ON PLAT ENTITLED "PROPERTY OF GUS G.
OPOLOS" FOR HERMAN, INC. WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, HERMAN, INC., a Virginia corporation,
respectfully represents as follows:
1. That pursuant to the provisions of Secuion 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
An unnamed twenty (20) foot lane, commencing
at the northwest corner of Lot 10, Block E,
as shown on that certain plat entitled
"Re-Plat of Property of Definite Contract
Building & Loan Association, Virginia Beach,
Virginia,,, which plat is recorded in the
Clerk's office of the Circuit Court of the
City of Virginia Beach, virginia in Map Book
10, page 84, and thence S 1914811911 E a
distance of 10.00 feet, thence S 7611114111 W a
distance of 117.65 feet more or less to the
eastern boundary of the right of way of Paci-
fic Avenue; thence in a northerly direction
along the right of way of Pacific Avenue along
a curve to the right with a radius of 129.04
feet an arc distance of 20.10 feet more or
less to the southern boundary of the remaining
portion of Lot 6, Block E, as shown on the
aforesaid plat; thence N 76'111411' E a
- 1 -
distance of 119.42 feet more or less to the
western boundary of Lot 3, Block E, as shown
on the aforesaid plat; thence S 19'4811911 E a
distance of 10.00 feet to the point of
beginning, containing approximately 2,365.6
square feet.
Said parcel of land being a portion of the unnamed
twenty (20) foot lane traversing Block "El, as indicated on those
certain recorded plats entitled (i) "Re-Plat of Property owned by
Definite Contract', and (ii) 'Property of Gus G. Opolos" as shown
on Plat Showing 201 Lane to be Closed Adjacent to Lot 3, Block E
and Parcel Formerly Norfolk Southern R.R. , Re-Plat of Property
Owned by Definite ContraCt Building and Loan Association and the
western 10, of LOt 4, the Remaining Portions of Lots 5, 6, 7, 8
& 9 and Lot 10, Block E, as shown on Plat Entitled "Property of
Gus G. Opolos" for Herman, Inc., made by John E. Sirine and Asso-
ciates Ltd., which plat is attached hereto and made a part hereof
and intended to be recorded with the ordinance closing the afore-
described street.
2. That by Deed of Exchange dated october 28, 1971,
recorded in the Clerk's Office of the Circuit Court of the city
of Virginia Beach, Virginia in Deed Book 1303, page 72, a copy of
which is attached hereto as Exhibit A, the City of virginia Beach
granted and conveyed to Petitioner's predecessor in title all of
its right, title and interest in and to this portion of said
street; and that no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
- 2 -
street; and the . Petition prays that this Honorable Council
appo.int viewers as provided by law tC) view said platted street
proposed to be closed and to report in writing to the Council on
or before the 2nd day of July, 1991, as to whether in the opinion
of said viewers, what inconvenience, if any, would result from
the discontinuance and closing of this portion of said street, as
herein reported and described.
3. That on the 7th day of may, 1991, and on the 14th
day of May, 1991, notice of the presenting of this application
was published in the Virginian Pilot, a newspaper of general cir-
culation in the City of virginia Beach, Virginia.
4. That the fee s-imple owner of the land along the
south and north portions of the platted twenty (20) foot lane is
your Petitioner herein, Herman, Inc.
Respectfully submitted,
HERMAN, INC., a Virginia
corporation
By:
of Counsel
Donald H. Clark
Michael B. Hamar
CLARK & STANT, P.C.
900 One Columbus Center
virginia Beach, virginia 23462
(804) 499-8800
mbh/58014/000
p.hi.c
3
13785 DOOK1303 PAGE 72
THOMAS C. KYRUS, ANTHONY SANCILIO,
LARASAN REALTY CORPORATION nd
T. ROSS KAZAKIS, C.-P.rtners.
T/A DENARO ASSOCIATES DEED OF EXCHANGE
TO and FROM
THE CITY OF VIRGINIA BEACH.
A M.nicipal Corporation of the
Co-o-.alth of Virginia
THIS DEED OF EXCHANGE, Made this :?f,, day of October, 1971, by
and between THOMAS C. MUS, ANTHONY SANCILIO, LARASAN REALTY
CORPORATION and T. ROSS KAZAKIS, Co-partn.rs, trading as DEMARO
ASSOCIATES, a partnership Organized and existing u.d., the la.8 Of
the State of Virginia, with its partnership certifi.ste duly of
record in the Clerk', offi,, of the Circuit Court of the City of
virginia Beach, Virginia, parties of the first p.rt, and the City
of Virginia Beach, a Municipal Corpor.ti.n of the Co-onealth of
Virginia, party of the second part.
W I T N E S S E T H:
That for and in consideration of the a.m of $1,00 cash in hand
paid by each of the parties of the first and second part to the other,
the receipt of which is hereby acknowledged, and in consideration
of the utual conveyances herein a.t forth, and other v.luable
consideration, the parties of the first and second part do grant
and convey one to the other the parcels of land herein.fter set
forth as follwa:
The party of the first part does grant and convey unto the
said City of Virginia Beach, party of the second prt, all of
its right, title and intereat in and to the following described
property:
ill those certain lots, piec.o or parcels of land, lyi.g
situate and aing p-@tly in the Ly..h8ven ..d partly in
i h n
b
the Virgin B -h Boro.g s of the City of Virgi i. Beach,
- ed:s@rib.d with reference-to plat hereto P?
Virgi.ia, and
ttached .@d ince.d@d to b. @.cord.d her.with in the
Clerk's Office of th. Circuit Court of the City of
Virginia BeachIVirgini., and entitied '"Pl8t Showing
Str..t D.dic.ti.n to City of Virgini- B..ch, Virginia,
1303 FACE 73
From Denaro Associates, Virginia B.ach B.ro.gh,
E.gineering Divisio., D.part..nt of Co-.nity
Ser@i... City o' Virgini,,OjBe.@h. Virgini., Scale-
1" - 50': D.. : /,/@ , ect No.: 750-67-003-
RD50l," as .11 f that property lying g.nerally
South and West of a lin. which co-nces at . point
on the westerly line of the right-of-way of Atl.ntic
Aen.e, hich point lies South 13 d.grees 48 Jnute,
19 se.o.d. E.st 84.60 feet di
st.nc. fr.m a point t
the inters.ctio. of @h.t w.s the s..ther. lin. of
Se.ond (2nd) Street with th, @este,l, line of Atl@nlic
Av.n.e, and fro. s.id p.int of b.gin@ing run.ing th..ce
along the rc of a c.rv. to the ri@ht, the radius f
which is 50.00 feet, n arc distanc-e of 130.20 feet
to a point; th.nce North 44 d.grees 36 inutes 34
s.conds West 309.06 feet to a point; then.e along
th. arc ofI c.rv. to the right, the radi.s of
which is 129i04 f..t, an arc dist-nce f 166.75
fee t to -p. nt, thence North 29 d.gre.s, 25 in.tes
41sec.nds E.st 69.03 f.et co a p.int .. the s.@therly
line of Third (3rd) stre.t @h.r@ the @@e inle ... ct,
the e-.terly line of Vi@gi.ia St-te Ro.te 671.
Th. foregoing d.scription being intended t. incl.de,
witho.t I @t tion 11 right and titl. and interest
of the pa@ty of the first p.rt in nd t. the property
acquired by d.ed of 1955 C.rporati.n, d.t@d M.rch 7,
I e
969, and int.nded to be @eco@ded in th, Cl k',
Office afore..id'which lies gen.rally So-.th a,d
West of th. abo@e described line.
The party of the second part does grant and convey unto the
said Tho..s C. Kyrus, Anth..y Sa.cili., Laras-n Re.Ity Corporation
and T. R.sa Ka.akis, Go-partn.r., tr.ding -6 Denaro Associates,
party of th. firsc part, all of its right, title and interest in
and to the follo.ing described property:
All thos. certain l.ts, pi.ces or parcels of land,
lying, it.ate and being p.rtly in th. Lynnh.ven and
ly in the Vir@Ini.,B..ch B.ro.phs of the City of
por,
r, i.,. Vr
v gin a, nd d..cribed with r.ference
to the afor.said pl.t h.reto att.ched and inte.ded
to be recorded h@@@.ith i. th. Clerk's Office of the
Circ.it Co.rt of the City f Vi.gi.i- B.Och, Virginia,
and ntitled, "Plat Sho.i.g Str..c Dedication t. City
of Virgini. Be.@h, Virgini., Fro. D.n.@o Associ.tes,
Virgini. B..Ch B.ro.gh, Engineering Division, D@part-
ent of Co-.nity Servic.s. Ci of Vir lnl -Beach.
- - I01, D.'y j ect
Virgini., Sc.l.: I te: ;r
No. 750-67-003-RD50@," @a all Of that property lying
generally North a.d East of ali.. which co-.nces
8t a point on the w..t.rly li.. of th. right-of-way
.f Atlantic Av.n.e, which point li.6 So.th 13 dezr-ees
48 minut.s 19 ..cond. Ea.t 84.60 f@et dist.nc. fr-om a
tool 1303 FACE 74
point at the intersection of what was the southern line
of Second (2nd) Street @ith the @esterly lin. of
Atlantic Aven.., and fro. a.id p.int of b@ginning
running thenc. aloni the arc of a curve to.th: right,
th. radius of what a 50 f.et, an arc di at nc of
130.20 feet to a point; thence North 44 d.grees 36
minutes 34 seconds West 309.06 feet to a point; thence
along the arc of a curve to the right, the radi.9 of
hich is 129.04 feet, a.a@c ditance of 166.75 feet
to a point; thence North 29 degree. 25 inutes 41
seco.ds East 69.03 f.et to a point on th. southerly
line of Third (3rd) Stre.t here the sa.e intersects
the easterly line of Virginia State R..te 671.
The for.going description bei.g intend.d to include,
witho.c li.itation, .11 right, title -nd int.rest of
the party of the second p.rt in and to the pr.perty
f.r-rly Second (2nd) St@eet which w.s @-cated and closed
by action of the City Co.ncil of th. City of Virginia
Bech on J.ne 24, 1968; together with .11 right, title
and intereat of the party of the second pa@t in and
to that certain triangul r piec of prop.rty conveyed
I e
by Definite C.ntr.ct Building nd Lo.n Associ.tio.
to Co.nty of Princess Anne by deed d.ted July 9, 1935,
and record.d in the aforesaid Clerk's Office in Deed
Book 180 at Page 162, and shown on ..p recarded there-
with in A p Book 10 t P.ge 55; together with .11
a I
right, @itle and interest of the party of the second
y
art i. and to all aile a nd rights @f way ow or
formrly existing-, a.d together with all right, title
and interest of the p.rty of the second part in and to
th.t portion of property design.ted -S Lot 7, Block E,
on th' t c.rtain plat entitied "Re-plat of property
Oned by Definite Cont@..t B.ilding nd Lo.n Associa-
tion, Virginia Beach Virgini.,-- ricorded i. aid Clerk's
Off ie in Map Book 16, t P@ge 84 (@.id property being
des ted Ds Lot 12, El.ck E on "Plat of prop.rty of
VirigTni. Be.ch H.Idi.g.Corp., Prince. Anne Go., Va.,"
recorded in ..id Clerk's Offi.. i. Ma$@ Bo.k 7, at page
173), bei.g a p.@ti.. of th. pr.perty conveyed to the 5'
City of Virgini- Be.ch, Vi@i.in, by de.d of th:,Virginis q'7'7
B..ch Er.sion Co-ission dated A.g.st 15, 1970, nd
i.te@d.d to be recordedfconte.por..@..sly here.th in
th. for.said Cle@k's 0 fice; .11 .3 iis ge.e@ally
North and East of the above describ.d li...
IN WITNESS WHEREOF, the party of the first p.rt has caused
this deed to be exec.ted in its ne- a.d beh.lf by its co-partners
under seal, a.d the party of the second p-rt, pure.ant to due
a.thorization f its City Council given on June 24, 1968, has
caused this deed to be executed in its nD.e and behalf by its City
Man.ger nd ita se.1 to be here.nto affixed ..d attested by the
Clerk of the City Council, .11 s of th. day, month nd year first
herein.bove itten:
Boo, 1303 rAcE 75
DE',4ARO ASSOCIATES
(SEAL)
r
-(SEAL)
r
LARASAN RE,%LTY CCRPORATIO.1;
(SEAL)
(SEAL)
APPROVED AS TO FOP,'A CITY OF VIRGI','I.A ;3EACIi, VIRGINIA
DEPARTMENT Of'LA'@
ATTEST:
(ity a. a N'ot.ry P.bli@ in and for th@
.ertify th-t Th.-s C. Kyr.s,
Anthony S..cilio, a a . @Re. tY Co@poratio. a@d T. Ross l(az.kis,
Co-p.rtn@rs, t/. D@n r @--i-tes, @h.s@ n-.s, a@. sign.d to
th. for.going @ritin . i@g d.t. on th@, day.of Ccrole,
1971, v. this d@y @@k@@@ the -c --@.re
e in y@ty and St te afor.said.
GIVEN und.r my hand this ay f
197@
14Y Co-ission expires:
A@llh 25,
1303 76
STAT-1 OF VIRCINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary P.blic in and for the
City of Virginia Bea,h, in th- State of Virgi@i., whose co-ission
expir.s on the By of 19Zi, do hereby certify
t'ist Ceorge L. Henbury, As.ist,@t Ci y@-On-ger and Richard J. Webbon,
City Clerk, r@Bp@ctive.1y, of the City f Vir,ili- Be.ch, @h.se no.es
as such are signed to the foregoi.g deed b-ari.g d.te on the
!-y of October, 1971, have ackn..ledged the sa.e before e, in the
Cicy a.d State aforesaid.
GIVEN under y h.nd thia .26 @ay of
1972.
C-
v.
CLARK 8 STANT, P. C.
DAVID F[. ADAM@ 5@MUEI@ M. KROLL
10 ANN BLAIR-DAVIS ATTOPNEYS AND COUNSELORS AT LAW ROBEKT C. E. LANEY
LI\WRENCE H. BR)ANT 1.11 I.VRA. BA@K BUILDI@@ ROBERT M. REED
NIICHLLLE P. BURCHETT ROBERT L. SAMUEL, JR.
5TEPHEN W. BURKE C. CRIGSBY 5CIFRES
DONALT) H. CLARK VIRGINIA BEACII, VIRGINIA 23462. THOMAS E. SNYDEP.
CLIFFORr) A. COPPOL@ FREDERICK T. 5TANT, M
IOSEPH A. D@ lt)LIO - CAROL E. SUM&LERS
LAWRENCE A. DU@N T@l@PHO@ll: ...... 5TE PHEN C. SWAIN
ROBEP,I- 1. EVELI.ICH STEPFIEN C. TEST
THOMAS R. FP-ANI-,'. TI IIC.P,Ell:
S. GEOFFREY CLICK DIRE@ IIAL NUM.',.
DONNA 1. HALL
NilCAiAEL B. HANIAR CERTIFICATE OF VESTING OF TITLE FKEDERICK T@ 5TANT, IR.
ERIC A. HAUSER
T@iOMAS B. KELL) I, Michael B. Hamar , attorney for Herman, Inc., a
Virginia corporation, do hereby certify that;
1. I am an attorney at law and represent Herman, Inc.,
a Virginia corporation, the Petitioner,
2. if the property described below is discontinued,
closed and vacated by the Council of the City of virginia Beach,
virginia, then title to said property will vest in Iierman, Inc.,
the adjacent landowner and assignee of This and That, Ltd., a
Virginia corporation, and Barbara E. Keiss, et vir, the adjacent
property owner and the holder of a portion of the underlying fee
in said property, respectively; in fee simple ownership.
The said property referred to herein is hereby described
as follows:
An unnamed twenty (20) foot lane, commencing
at the northwest corner of Lot 10, Block E, as
shown on that certain plat entitled "Re-Plat
of Property of Definite ContraCt Building &
Loan Association, Virginia Beach, Virginia",
which plat is recorded in the Clerk's office
of the Circuit Court of the City of Virginia
Beach, Virginia in map Book 10, page 84, and
thence S 19'4811911 E a distance of 10.00 feet,
thence S 7611114111 W a distance of 117.65 feet
more or less to the eastern boundary of the
right of way of Pacific Avenue; thence in a
northerly direction along the right of way of
Pacific Avenue along a curve to the right with
a radius of 129.04 feet an arc distance of
20.10 feet more or less to the southern boun-
dary of the remaining portion of Lot 6, Block
E, as shown on the aforesaid plat; thence N
7611114111 E a distance of 119.42 feet more or
less to the western boundary of Lot 3, Block
E, as shown on the aforesaid plat; thence S
19'4811911 E a distance of 10.00 feet to the
point of beginning, containing approximately
2,365.5 square feet.
Michael B-. Hae6r,
for Herman, Inc.
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS UNNAMED TWENTY (20) FOOT LANE
TRAVERSING A PORTION OF BLOCK "E", LOCATED IN
THE VIRGINIA BEACH BOROUGH, OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT
CERTAIN PLAT ENTITLED "RE-PLAT OF PROPERTY OF
DEFINITE CONTRACT BUILDING & LOAN ASSOCIATION,
VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
RECORDED IN THE CLERK'S OFFICE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA IN MAP BOOK 10 AT
PAGE 84, AND THAT CERTAIN PLAT ENTITLED
"PROPERTY OF GUS OPOLOS" WHICH PLAT IS
RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA
IN MAP BOOK 45 AT PAGE 54.
WHEREAS, it appearing by affidavit that proper notice
has been given by Herman, Inc. , a Virginia corporation; that it
would make application to the Council of the City of Virginia
Beach, Virginia, on June 4, 1991, to have the hereinafter
described street discontinued, closed, and vacated; and
WHEREAS, it is the judgement of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, virginia, that the hereinafter described street be discon-
tinued, closed and vacated:
GPIN: 2427-21-9939-0000
An unnamed twenty (20) foot lane, commencing
at the northwest corner of Lot 10, Block E, as
shown on that certain plat entitled "Re-Plat
of Property of Definite Contract Building &
Loan Association, virginia Beach, Virginia",
which plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, virginia in Map Book 10, page 84, and
thence S 19*48'191' E a distance of 10.00 feet,
thence S 7611114111 W a distance of 117.65 feet
more or less to the eastern boundary of the
right of way of Pacific Avenue; thence in a
northerly direction along the right of way of
Pacific Avenue along a curve to the right with
a radius of 129.04 feet an arc distance of
20.10 feet more or less to the southern boun-
dary of the remaining portion of Lot 6, Block
E, as shown on the aforesaid plat; thence N
7611114111 E a distance of 119.42 feet more or
less to the western boundary of Lot 3, Block
E, as shown on the aforesaid plat; thence S
1914811911 E a distance of 10.00 feet to the
point of beginning, containing approximately
2,365.5 square feet.
Said parcel of land being designated as 201 Lane to be
Closed, as indicated on that certain plat of property to be
vacated made by John E. Sirine and ASsociates, Ltd. for Herman,
Inc., which plat entitled Plat Showing 20' Lane to be Closed
Adjacent to Lot 3, Block E and Parcel Formerly Norfolk Southern
R.R., Re-Plat of Property owned by Definite Contract Building and
Loan Association and the western 10, of Lot 4, the Remaining Por-
tions of Lots 5, 6, 7, 8 & 9, and Lot 10, Block E, as Shown on
Plat Entitled "Property of Gus G. opolos" for Herman, Inc., is to
be recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia upon adoption of this ordinance,
and which is made a part hereof by reference.
2
SECTION II
A certified copy of this ordinance shall be filed in the
office of the Circuit Court of the City of virginia Beach.
indexed in the name of the City of virginia Beach, as grantor.
mbh/58014/000
on.hi.c
3
0
b
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this 28th day of October, 1988,
by and between BARBARA E. KEISS and IVILLIA@I A. T<EISS, JR., her
husband, first Parties, and HERMAN, INC., a Virginia corporption,
second party, whose address is 1st Street and Atlanti,@ Avenue,
Virginia Beach, Virginia 23451.
W I T N E S S E S:
That for and in consideration of the sum of Ten Dollars
($10-00) and other good and valuable consideration, the receipt
of which is hereby acknowl.edged, 'he said first parties do hereby
remise, r?lease and forever quitclaim to thL- S,'.cond party, its
:,uccessors and ass.igns forever, all of the first parties' right,
title, interest and claims upon the following described
property.
All thos(- certain lots, pieces or parc,@1.3 of
land, with the buildings and improvernents
thereon and appurtenances thereunto bel(@nging,
lying, situate and being in the City OE
Virginia Beach, Virginia, being k-nown, nuni-
berF,d ind ciesignatc,,d Is tha West 10 feet of
Lot 4, and Lots 5 through 9, inclusive, Block
E, together with all of that portion of the
@4orfolk Soutliern Railroad right of way, beit)g
sixty (60) feet in width, lying between tile
southern line of 3rd Street and the northet.-n
linp of 2nd Streot, as shown on that @@-?rtain
plat entitled "Re-Plat of Property Owned by
Definite Contract Building atid Loan .Nsso-
,--iation, Virginia Va.", Srale 1'1=1001,
imade August 1, 1936, which plat is dlity
recorded in the Clerk's Office of tlie Circuit
CLARK k STAN I, P(: Court of the City of Virginia Beach, Virgiiii.a
in liap Book 10, at p@ige 34.
I t being part of I:Iie oropect%, tliat
,iesc,-nded to Bacbara E. Keiss, formert@, Bar-
"G Ll
5,"ira Earl by devise under the L.-ast li4ill
Testament of Gladys S. Earl dit(@d Noveml),--r 11,
1965, and recorded in the aforesaid Clerk's
Office ill @llill Book 46, at pag(-, 398.
The. above Property is conveyed subject to tile ron-
ditions, restrictions, reservations and easeinents if -iny, cluly oE
record affecting the afor,@said loroperty and constituting
constructive notice.
WITNESS the following signatures and se,-@ils:
lqilliam
STATE OF
COUNTY OF IL
to-wit:
Tlie foregping quitclajm deed was @@clnowlL@dg(-(i -beEor'. me
this @(-,@day of 1 19819 by Barbara E. Keiss -..nd
@iilli m@A. Keiss,
[Notary Seal) My Commission Expires:
mbh y
qd.bek.c
VIRGIVIA l@ tbe Cle,k'5 Ollice o/ tbe ci,c.it C..,f oi V@,g,n,a Beacb
. . .... w@ ece,@ed a@ uoon e
01 ................. 19
...... ..... IS"@ ...... :3 this i.sirume,
be Coie,
c@ltilicate -t acknowledgment the,,t, ,n,@,d. d@iiied to ec,,d. "Tbe t.x :@p.sei by SS,i,@. 1- 2
has been pa,d, in ibe amount oi J....................................... .
TESTP J. CURTIS FRUIT, Cl,,k
(A.ARK SrANr. 11
b 4
q 4 4 8
EXEMPTION CLAIMED: See Exhibit A attached hereto.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this 3d@ aay of
1990, by and between THIS & THAT, LTD. I a Virginia corporation
("Grantor"), and HERMAN, INC., a Virginia corporation
("Grantee"), whose address is c/o The Lighthouse, 1st Street and
Atlantic Avenue, Virginia Beach, Virginia 23451.
W I T N E S S E T H:
That for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, the Grantor does hereby grant
and convey with Special Warranty, except as noted below, to the
Grantee the following desc.ribed property (the "Property"), to-wit;
All that certain lot, piece or parcel of land
with the buildings and improvements thereon
and appurtenances thereunto belonging, lying,
situate and being in the City of Virginia
Beach, Virginia, more particularly described
as follows:
Commencing at a point on the south side of
Third Street as shown on the plat entitied
"Replat of Property owned by Definite Contract
Building and Loan Associ-ation, virginia Beach,
Virginia" dated August 1, 1 9 3 6and duly
recorded in the Clerk's Office of the Circuit
Court of the City of virginia Beach, Virginia
in map Book 10, at page 84 (the "Resubdivision
Plat"), which point is lo feet east of the
dividing line between Lots 4 and 5 on said
plat; thence in a southerly direction at right
angles to Third Street a distance Of 140 feet
to the POINT OF BEGINNING; thence continuing
in said southerly direction at right angles to
Third Street a distance of lo feet to a point;
thence in an easterly direction and parallel
with Third Street a distance of 40 feet to a
GPIN 2427 21 99390000
q ii I PG I 1 4 q
point at the center of Block E as shown on the
aforesaid plat; thence in a northerly direc-
tion and at right angles to Third Street a
distance of lo feet; thence in a westerly
direction and parallel to Third Street a
distance Of 40 feet to the point of beginning.
Together with all of the Grantor's right,
title and interest in, to and under (1) the 20
feet alley traversing a portion of the center
of the west half of Block E (including without
limitation any rights hereafter arising from
the closure or discontinuance of said 20 foot
alley as a public or private street or
accessway), as shown on the Resubdivision
Plat, (2) that certain easement dedicated by
Gladys S. Earl and Paul D. Earl, her husband,
by deed dated August 20, 1952, and recorded in
the aforesaid Clerk's Office in Deed Book 310,
at page 107, over and across a 20 foot strip
of land running east and west in the center of
said Block E across the Norfolk Southern
Railroad right of way as shown on sa-id Resub-
division Plat, and lying between the prolonga-
tion of the northern line and southern line of
the alley shown on said plat, said easement
being for the use of the adjacent owners in
said Block E, and (3) that certain 20 foot
alley traversing the center of Block E, as
shown on that certain plat entitled "Plat of
Property of Virginia Beach Holding Corp.,
Princess Anne Co., Va.", made July, 1925,
which plat is duly recorded in the aforesaid
Clerk's Office in Map Book 7, at page 173.
It being the intent of the Grantor to convey to the
Grantee all of the Grantor's right, title and interest of any
nature in the west one half (1/2) of Block E, as shown on the
above said Resubdivision Plat, save and except the north 140 feet
of the east 40 feet of Lot 4, Block E, and expressly described by
metes and bounds description in that certain deed of Marguerite
R. Tugman, widow, dated march 30, 1983, and recorded in the
aforesaid Clerk's Office in Deed Book 2253, at page 485.
2
1 5 0
.The Grantor covenants to execute such further assurances
of the property and rights conveyed herein as may be necessary to
confirm and ratify the conveyance made hereby, including without
limitation, any further assurance , shall be necessary to convey
any rights arising from the closure Or discontinuance of th6 20
foot alley as a public or private street or accessway.
The Property is conveyed subject to , @e conditions,
restrictions, reservations and easements of record (except as
expressly released hereby) if any, affecting the Property and
constituting constructive notice.
WITNESS the following signature thereto duly authorized:
=S.& THAT, LTD., a virginia
cor-poration
By @lil@
Titl6-
COMMONWEALTH OF VIRGINIA
CITY OF to-wit:
The foregoing deed was acknowledged before me this
day of 1990 by as
of This & That,
c said cor-
P(
Notary Publ
My Commission Expires: I C)
mbh/58014/000
swd.tt.c
3
2 q 4 1 PG I 1 5 1
EXHIBIT A
EXEMPTION CLAIMED: Section 58.1 - This is a Deed of
Confirmation which arises out of the settlement of that
certain suit styled This & That, Ltd., v. Herman, Inc.,
d/b/a The Liqhthouse Restaurant, CH #87-2948. The
Grantee maintained that it owned the real property
described in the instrument attached hereto and the
purpose of the instrument attached hereto is to confirm that
fee simple title to the property described in the instru-
ment attached hereto is vested in the Grantee. A lease
between the Grantor, as tenant, and the Grantee, as
landlord, constitutes additional consideration but which
lease does not provide for rent to be paid by the Grantor
to the Grantee.
VIRGI,41 In ibe Cle,k's Ollice o/ tbe Ci'c-11 Coull -1 Vi,g@n@a Beacb .. ..... d.y
of 19 ai ,,t,@ent was eceived and upon b
.......... .........
ce,iiii eb-exo a"e.ed. -dmilled to ,@ecod. "Tbe tax mposed bv SS38. ]-So,, i b, C.d@
y as been paid. in tbe amount ol S........................ . .... ..... .
u TESTE, J. CURTIS FRUIT, Cl@,k By D, C.
AFFIDAVIT
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Michael B. Hamar , attorney for Herman, Inc., a
Virginia corporation, being first duly sworn, deposes and
states:
1. That I am an attorney at law and represent Herman,
Inc.
2. That on the 7th day of May, 1991 and on the 14th
day of may, 1991, notice of the presenting of the application to
close a portion of that certain street known as unnamed twenty
(20) foot lane traversing Block "E", Re-Plat of Property of Defi-
nite ContraCt BUilding & Loan Association, situate in the Virgi-
nia Beach Borough of the City of Virginia Beach, Virginia, on
behalf of Herman, Inc., was published in the Virginian Pilot, a
newspaper of general circulation in the City of Virginia Beach,
Virginia.
And further the deponent saith not.
@@ ('@ v@ @ I/ @"It-
Michaei B. Hamar
Subscribed and sworn to before me this @3 day of
1991.
Notary Public
My Commission Expires:
mbh/58014/000
aff.hi.i
THE VIRGINIAN-PILOT -ATEMENT NO. i@A.. L@NVOICE D
1 20 1 1 05/16/91
IBILLED ACCT# AD NUMBEFT
050562002 56290040
BILLED ACCOUNT
CLARK & STANT, P.C.
ONE COLUMBUS CENTER
900 SOVRAN BANK BLDG.
VIRGINIA BEACH, VA 23462
DITION DESCRIPTION SIZE GROSS AMT.
FVP STR. CLOSING 2 X 0049 210.70
FVP STR. CLOSING 2 X 0049 210.70
@h .@. SIVA'19"E . di,l..,
I.'t 1. th, @.l@t ol
All of th.
M.1 ... Ih.s@ .@.,dW
th. @@titio 1). "RiPi. f P
C.. w Mfl@l C.. .C@ B@ild-1,
vi. Vi,
.c, th. @.,t.
,t, th. Clt, C-
@ll .1.1. M tt S,.@,@@ DL- 0 @ C'O-
Vi@ O." i .... I E @d
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R.R., @1.1 of P,o@.,t, U
..C. of ...,
d
A@ @@@..,d 0) fo'
-,t E
W @P..It, of Dlfi@lt@
0. ldi.. & @. A,-!
.tio' vil.1 1. B. h VIII.I.,
.hich .C, @@d th@
O'
Cl.lk'l Ollic. @f th, Cl,@Ult C ... I
of th. Cit, W vi.i@i. B.Ch, V[,.
.1@l. 1. M.@ 8-k 10,
@d th..@. S IVQ'lr, di@
i 10.00 f..t, th..- S
76-II'll"W dl,t..@. of 11 7.M
f.t @o'. I., t. Ih, w
t...d.,, f th. I.hl W .., ofI V.@.I. cl.. .
P.cill@ Av..@.; th..@. l@ .@.@ll... th.t f u.@,
.0@,l, di,.cti. .1.@ th. I.hi 1-t l@ th.
d -1 f P.,Ifi, A@@.. I... .W Vl,.@.111.) vl,.I.I,
c@,@@ to th. I.hl .1t@ . .di@, 0.,I@d .@..
129.N I.t .,c dlt..c. f 20.10 HERMAN, INC.,
@@d... of Ih. .1. C.@,.r
ti.@ of L@t 6, 61-k E, Ih-@ D.@.id H. Cl.lk
,h. .1.1 ... ld MI@@..l S. H...,
76-1
" E f 119.4 CLARK & STA.T, P.C.
(.1 @.. ., l@@, 1. tN M O@. CW.@b@, C.@l.,
@W... of Lt 3. Bi-k E, ., Vi.i@l. S.@h, Vl,.I.I. 21
h..@ o. th. f ... .[d lot; (M) 4"@M
1 1 - I I I i
State of Virginia to-.it: AFFIDAVIT
City of Norfolk
This day Sharon White personally appeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark
Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at STR. CLOSING has been Published in
said newspaper during the following dates: 05/07/91 05/24/91
Affiant
Subscribed and sworn to before me in my city and state af 16TH day of MAY
199 1 @i d@2 s
My commission expires APRIL 30TH, 1994
L
Notary Public
- 25 -
Item 11-1.2.b-
CONSENT AGENDA ITEM # 34522
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance appointing viewers in the petition ot
Hilda W. Archbell for the closure of a portion of
Arctic Avenue situated In "Shore Acres" along the
southern right-of-way ot Winston Salem Avenue,
containing 0.0861 acres (VIRGINIA BEACH BOROUGH).
The Viewers are:
David M. Grochmat Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
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
ORDINANCE APPOINTING VIEWERS
WHEREAS, Hilda W. Archbell has given due and proper notice,
in accordance with the statutes for such cases made and provided
that they will on the 4-1,11, day of 1 1991, apply to
the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would result
from the discontinuance of the hereinafter described portion
of that certain street of variable width, and has filed such
appl-'Ication with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT Robert J. Scott
C. Oral Lambert, Jr. and
David M. Grochmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain street
of variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
Beginning at a pin recovered in the Southern
right-of-way of Winston Salem Avenue, said
pin being at the Intersection with the Western
right-of-way line of Arctic Avenue, thence 14
82 degrees 45'00" E along the Southern
riglit-of-way of Winston Salem Avenue, a distance
I I
of 25.00' to a pin; thence with the Western
line of a portion of Arctic Avenue (previously
closed by City ordinance 3-22-76), S 07 degrees
15'00" E a distance of 150.00' to a pin; thence
along the line of the estate of Sam B. Archbell
S 82 degrees 45'00" W a distance of 25.001 to
a pin; thence N 07 degrees 15'00" W a distance
of 150.00' to the point of beginning. The
aforedescribed parcel lies within the Virginia
Beach borough of the City of Virginia Beach, and
contains 0.0861 acres.
All the above as shown upon that certain plat entitled,
"Exhibit Showing A Portion of Arctic Avenue To Be
Abandoned-Located in Shore Acres, Virginia Beach Borough, Virginia
Beach, Virginia", which plat is attached hereto and made a part
hereof and intended to be recorded with the ordinance closing
the aforedescribed street.
ADOPTED: June 4, 1991
2
NOTICE
PLEASE TAKE NOTICE, that a-, the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 4th day of June 1991, at 2 :00 p.m., at the
City Ilall of tlie City of Virginia'Beach, Princess Anne Station,
the undersigned will petition the Council for the appointment
of Viewers to view the below-described portion of that certain
street and report to ',-he C'Ity Coililcil whether in the opinion
of the Viewers, what, if any, inconvenience would result from
the vacatiiig closing and discontinuance of same, the said port@-on
of said street being described as follovis:
Beginning at a pin recovered in the Southern
right-of-way of W4-nston Salem Avenue, said
pin being at the intersection witli the Western
right-of-way line of Arctic Avenue, thence N
82 degrees 45'00" E along tlie Southern
right-of-way of Winston Salem Avenue, a distance
of 25.00' to a pin; thence with the Western
line of a portion of Arctic Avenue (previously
closed by City ordinance 3-22-76), S 07 degrees
15'00" E a distance of 150.00' to a pin; thence
along the line of the estate of Sam B. Archbell
S 82 degrees 45'00" W a distance of 25.00' to
a pin; thence N 07 degrees 15'00" W a distance
of 150.00' to the point of beginning. The
aforedescribed parcel lies within the Virginia
Beach borough of the City of Virginia Beach, and
contains 0.0861 acres.
All the above, as shown upon that certain plat entitled
"E,-.hibit Showing A Portion of Arctic Avenue To Be
Abandoned-Located in Shore Acres, Virginia Beach Borough,
Virginia Beacli, Virginia", made by W. Page Cockrell, Land
Surveyor, 4534 Bonney Road, Suite C, Virginia Beach, Virginia,
AAMES & BYRUM, P.C.
@l..I.IA dated April 29, 1991.
At that time, anyone affected may appear and present
his views.
After the report of tlie Viewers is received, at the
next regular ineeting of the City Council, or as soon thereafter
as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue that
portion of Arctic Avenue in the City of Virginia Beach, Virginia,
described above.
HILDA W. ARCHBELL
BY C ' @@
Of Counsell
Robert G. Byrum, Esquire
SliAMES & BYRUM, P.C.
2145 Old Greenbrier Road
Chesapealze, VA 23320
(804) 420-9653
& BYRUM, P.C.
VIRGINIA
2
IN THE MATTER OF CLOSTNG, VACATING AND DISCONTINUING
A PORTION OF TIIAT CERTA-IN STREET, KNOWN AS ARCTIC
AVENUE, AS SHOWN UPON THAT CERTAIN PLAT E14TITLED,
"EXHIBIT SIIOWING A PORTION OF ARCTIC AVENUE TO BE
ABANDONED-LOCATED IN SHORE ACRES, VIRGINIA BEACH
BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT
IS ATTACHED liERETO.
PETITION
TO: THE @IAYOR AND THE MEMBERS OF TIIE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Hilda W. Archbell, respectfully
represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of -,he 1950 Code of Virginia, as amended, the Petitioner applies
for the vacating, closing, and discontinuance of a portion of
that certain street, which is more specifically described as
follows:
Beginning at a pin recovered in the Southern
right-of-way of Winston Salem Avenue, said
pin being at tlie Intersection with the Western
riglit-of-way line of Arctic Avenue, thence N
82 degrees 45'00" E along the Southern
right-of-way of Winston Salem Avenue, a distance
of 25.00' to a pin; thence with the Western
line of a portion of Arctic Avenue (previously
closed by City ordinance 3-22-76), S 07 degrees
15'00" E a distance of 150.00' to a pin; thence
along the line of the estate of Sam B. Archbell
S 82 degrees 45'00" W a distance of 25.00' to
a pin; thence N 07 degrees 15'00" W a distance
of 150.00' to the point of beginning. The
aforedescribed parcel lies within the Virginia
Beach borough of the City of Virginia Beach, and
contains 0.0861 acres.
SHAMES & BYRUM, P.C.
..E.Al@..., @.RGI.I.
Said parcel of land being a portion of Arctic Avenue,
as indicated on that certain plat entitled, "Exhibit Showing
A Portion of Arctic Avenue To Be Abandoned-Located in Shore
Acres, Virginia Beach Borough, Virginia Beach, Virginia", which
plat is attached hereto and made a part hereof and intended
to be recorded with tlie Ordinance closing the aforedescribed
street.
2. That no inconvenience will result to any persons
by reason said closing, vacation, and discontinuance o@@ said
street; and the Petitioner prays that this flonorable Council
appoint viewers as provided by law to view said platted proposed
to be closed and to report writing to the Council on or before
the day of 1 1991, as to whether in the opinion
of said Viewers, what inconvenience, if any, would result from
the discontinuance and closing of this portion of said street,
as herein reported and described.
3. That on the day of 1991, and
on the day of 1991, notice of the presenting
of this applica-@ion was published in the Beacon, a newspaper
of qeneral circulation in tlie City of Virginia Beach, Virginia.
4. That the fee simpl.e owners of all land along and
adjacent to and affected by said portion of the platted street
are your Petitioner herei.n, Hilda W. Archbell, and F. Wayne
McLeskey, 2859 Virginia Beach Boulevard, Virginia Beach, Virginia
SHAMES & BYRUM, P.C. 2 3 4 5 2
C.E.AP@A.E, VIRGINI@
2
Respectfully submitted,
HILDA W. ARCHBELL
BY- @ 61
Of Couns@
Robert G. Byrum, Esquire
SHAMES & BYRUM, P.C.
2145 old Greenbrier Road
Chesapeake, VA 23320
(804) 420-9653
SHAMES & BYRUM, @.C.
C.@.Al@..@, VI.Gl..A
3
IBILLED ACCT@AD NUMBER
031291002 58290370
BILLED ACCOUNT
SHAMES & BYRUM, P.C-
2145 OLD GREENBRIER RD.
CHESAPEAKE VA 23320
ISSUE FT)ITION DE@CRIPTION SIZE GROSS AMT. -
05/12/91 BEA STR.CLOSING 2X 0039 81.12
05/19/91 BEA STR.CLOSING 2X 0039 81.12
State of Virginia t.-Wit: AFFIDAVIT
City of Norfolk
This day Sharon White personally appeared before me and after being duly sworn made oath that
(1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark
Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at STR.CLOSING has been published in
said newspaper during the following dates: 05/12/91 05/19/91
Affiant
Subscribed and sworn to before me in my city and sta s 20TH day of MAY
1991
My commission expires APRIL 30TH, 1994
Notary Public
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AFFIDAVIT
STATE OF VIRG!NIA
CITY OF CHESAPEAKE, to-will:
1, Robert G. Byrum, attorney for Ililda W. Archbell,
being first duly sworn, deposes and states:
1. That I am an attorney at law and represent ifilda
W. Archbell.
2. That on the 12th day of May 1991, and
on the 19th day of May 1 1.991, notice of the presenting
of the application to close a portion of that certain street
known as Arctic Avenue on behalf of Hilda W. Archbell, was
published in the Beacon, a newspaper of general circulation
in tlie City of Virginia Beacli, Virginia.
And further the deponent saith not.
PAC@
Robert G.'Byrum
Subscribed and sworn to before me this S,4 I-) day
of M(A,l 1991.
Notary P
my commission expires:
Cizi
5HAMES & BYRUM, P.C.
S@6 s & Bvrum, PC.
'ROBERT G. BYRUM 2145 OLD GREENBRIER ROAD
STEVEN P SHAMES CHESAPEAKE, VIRGINIA 23320-2694
TELEPHONE@ (804) 420-9653
THOMAS E. BYRUM FAX: (804) 424-9259
'Al@. d@M.d i@ NC.
CERTIFICATE OF VESTING OF TITLE
I, Robert G. Byrum, attorney for Hilda W. Archbell, do hereby
certify that:
1. I am an attorney at law and represent Hilda W. Archbell,
the petitioner.
2. If the property described below is discontinued, closed,
and vacated by the Council of the City of Virginia Beach, Virginia
then title to said property will vest in Hilda W. Archbell, that
a portion of Arctic Avenue, that is the other one-lialf of the
original street has been previously closed by City Ordinance
March 22, 1976 and title was vest in F. 1-@ayne McLeskey wlio is
now the adjacent landowner as a result of said closure.
The said property referred to lierein is hereby described
as follows:
Beginning at a pin recovered in the Southern
right-of-way of Winston Salem Avenue, said
pin being at the intersection with the Western
right-of-way line of Arctic Avenue, thence N
82 degrees 45'00" E along the Southern
riglit-of-way of Winston Salem Avenue, a distance
of 25.00' to a pin; thence with -@he Western
line of a portion of Arctic Avenue (previously
closed by City ordinance 3-22-76), S 07 degrees
15'00" E a distance of 150.00' to a pin; thence
along the line of the estate of Sam B. Archbell
S 82 degrees 45'00" W a distance of 25.00' to
VA
Rudee Inlet
Residual of Aretic Avenue
PHR&A 5825-3-0
Aptil 30, 1991
Beginning at a pin recovered in the Southern right-of-way of Winston Salem Avenue, said pin
being at the Intersection with the Westem right-of-way line of Arctic Avenue, thence N 82
degrees 45'00" E along the Southern rigbt-of-way of Winston Salem Avenue, a distance of
25.00' to a pin; thence with the Westem line of a portion of Arctic Avenue (previously closed
by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 150.00' to a pin; thence along
the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.00' to a pin;
thence N 07 degrees 15'00" W a distance of 150.00' to the point of beginning. The
aforedescribed parcel lies within the Virginia Beach borough of the City of Virginia Beach, and
contains 0.0861 acres.
a pin; thence N 07 degrees 15'00" W a distance
of 150.00' to the point of beginning. The
aforedescribed parcel lies within the Virginia
Beach borough of the City of V4-rginia Beach, and
contains 0.0861 acres.
HILDA W. ARCHBELL
BY
Of
Robert G. Byrum, Esquire
SH@IES & BYRUM, P.C.
2145 Old Greenbrier Road
Chesapeake, VA 23320
(804) 420-9653
2
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS ARCTIC
AVENUE, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "EXIIIBIT SHOWING A PORTION OF
ARCTIC AVENUE TO BE ABANDONED-LOCATED
IN SHORE ACRES, VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by iiilda W. Archbell, that she would make application
to the Council of the City of Virginia Beach, Virginia, on the
day of 1 1991, to have the hereinafter described
street discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
Beginning at a pin recovered in the Southern
right-of-way of Winston Salem Avenue, said
pin being at the Intersection with the Western
right-of-way line of Arctic Avenue, thence N
82 degrees 45100" E along the Southern
right-of-way of Winston Salem Avenue, a distance
of 25.001 to a pin; thence @vith the Western
line of a portion of Arctic Avenue (previously
closed by City ordinance 3-22-76), S 07 degrees
15'00" E a distance of 1-50.001 to a pin; thence
along the line of the estate of Sam B. Archbell
S 82 degrees 45'00" W a distance of 25.00' to
a pin; thence N 07 degrees 15'00" W a distance
of 150.001 to the point of beginning. The
aforedescribed parcel lies within the Virginia
Beach borough of the City of Vi-rginia Beach, and
contains 0.0861 acres.
Said parcel of land designated as "Exhibit showing A Portion
of Arctic Avenue To Be Abandoned-Located in Shore Acres, Virginia
Beach Borough, Virginia Beach, Virginia", as indicated on that
certain plat of property in Virginia Beach, Virginia, which plat
is to be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia upon adoption of tllis
ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
Adopted:
GPIN
2
- 26 -
Item II-J.1.
APPOINTMENTS ITEM # 34523
ADD-ON
Upon NOMINATION by Vice Mayor Fentress, City Council:
ARTS & HUMANITIES COMMISSION
APPOINTED:
June Champney
P. Thomas Cantrel
REAPPOINTED:
Robert W. Carter
Warren E. Sachs, DDS
Susan F. Sadler, Ph.D.
Two-year term 7/1/91 to 6/30/93
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
- 27 -
Ttem II-J.2.
APPOI S ITEM # 34524
ADD-ON
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
SOCIAL SERVICES BOARD
Judith Homsher
Four-year term 7/1/91 to 6/30/95
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
- 28 -
Item II-J.3.
APPOINTMENTS ITEM # 34525
ADD-ON
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
TIDEWATER COMMUNITY COLLEGE BOARD
C. Roy Kelley
Four-year term 7/1/91 to 6/30/95
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
- 29 -
Item II-J.4.
APPOINTMENTS ITEM # 34525
ADD-ON
Upon NOMINATION by Councilman Baum, City Council REAPPOINTED:
N ROADS PLANNING DISTRICT CONMISSION
Vice Mayor Robert E. Fentress
Walter E. Mather
City Manager Aubrey V. Watts, Jr.
Two-year term 7/1/91 to 6/30/93
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
- 30 -
Item II-K.l.
NEW BUSINESS ITEM # 34526
Councilman Lanteigne referenced the weekly Litigation reports provided by the
City Attorney. Councilman Lanteigne advised the voluminous copies of the
pleadings by the Plaintiff were not necessary, as a synposis was provided. City
Council concurred the synposis would be sufficient, and thus provide additional
savings concerning photocopying.
- 31 -
Item II-L.I.
ADJOURNMENT ITEM # 34527
Upon motion by COuncilman Bau and BY
Meeting at 3:@2 P,M. m CONSENSUS, CitY Council ADJOURNED the
Y Clerk
.th H-d ge. Si
ty Clerk
CitY of Virginia Beach
Virginia