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HomeMy WebLinkAboutNOVEMBER 5, 1991 MINUTES Cit, "f 13@@@" "WORLD'S LARGEST RESORT CITY" Cl-n COUNCIL O@E@---, JOHN. CITY COUNCIL AGENDA 11@l;INII IIR@1111 11@@ -IIE I "I'@l, 'ill NOVEMBER 5, 1991 ITEM 1. CERTIFICATION OF EXECUTIVE SESSION - Council Chamber 12:30 PM ITEM 11. CITY COUNCIL RECONCILIATION WORKSHOP - Council Chamber 12:40 PM A. CAPITAL IMPROVEMENT PROGRAM FY 1991-1992 - 1995-1996 E. Dean Block, Assistant City Manager for Economic Management ITEM Ill. INFOR14AL SESSION - Council Chamber - 1:45 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donald Murray Providence Friends Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - October 29, 1991 G. COUNCIL COMMITTEE REPORT 1. 1986 BOND REFERENDA William A. Schlimgen, Chairman H. LOW BID UTILITY BUILDERS, INC. Lynnwood/Michaelwood $1,336,863 Sewerage/Water Facilities Contract IA (CIP 6-948/5-048) 1. UNFINISHED BUSINESS J. NEW BUSINESS K. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED NOVEMBER 12, 1991 Formal Session 2:00 PM (CIP Public Hearing & First Reading) NOVEMBER 26, 1991 Formal Session 6:00 PM (CIP Second Reading) DECEMBER 3, 1991 Formal Session 2:00 PM DECEMBER 10, 1991 Formal Session 2:00 PM DECEMBER 17, 1991 Formal Session 2:00 PM PUBLIC HEARING DECEMBER 2, 1991 School Board Candidate Interviews 10:00 AM (Monday) Council Chamber (Citizens are invited to attend and speak) 10/31/91 mlm M I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrgirila Sencii, Vlrginla November 5, 1991 On Tuesday, November 5, 1991, at 12:30 P.M., Mayor Meyera Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building for the purpose of CERTIFYING THE EXECUTIVE SESSION approved by a unanimous vote on October 29, 1991, to consider a PERSONNEL MATTER. Council Members Present: John A. Baum, James W. Brazier, Jk., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Paul J. Lanteigne (ENTERED: 12:45 P.M.) William D. Sessoms, Jr. (ENTERED: 12:45 P.M.) 2 Item IV-E.l. CERTIFICATION OF EXECLJTIVE SESSION ITEM 35027 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION convened pursuant to an affirmative recorded vote of October 29, 1991, 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: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne and William D. Sessoms, Jr. MOTION: Vice Mayor Fentress SECOND: Councilman Baum CERTIFICATION OF EXECUTIVE MEETING WBEREAS, the Virginia Beach City Council voted to convene an executive meeting on October 29, 1991, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act, such executive meeting to be held at an undisclosed location within fifteen (15) days thereafter pursuant to Section 2.1-344.1 (B) of the Code of Virginia; and @REAS, Section 2.1-344.1 (D) of the Code of Virginia requires a certification by this City Council that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE 17F RESOLVED that the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification applies, and (ii) only such business matters as were identified in the motion convening the executive meeting were heard, discussed, or considered. VOTE: 9-0 AyFS: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker NAYS: None 9-1 JWTH HOIYGES SMITH, CITY CLERK Nnvpmbpr S IQQI Beverly-0. Hooks Date of the Meeting Chief Deputy City Clerk - 3 - C I T Y C 0 U N C I L W 0 R K S H 0 P C A P I T A L I M P R 0 V E M E N T P R 0 G R A M FY 1991-1992 - 1995-1996 10:30 A.M. ITEM # 35028 E. Dean Block, Assistant City Manager for Economic Management, referenced the VIRGINIA BEACH CITY COUNCIL AND SCHOOL BOARD WORKSHOP - Capital Improvement Program FY 1991-1992 - 1995-1996, held during the City Council Session of October 29, 1991. Dr. Sidney L. Faucette, Superintendent - Vlrginia Beach City Schools, had advised a significant study was being prepared encompassing various forms of housing students, as well as the utilization of I'dismantables", and better utilization of space. This report is due in December and recognizes the fact there could be substantial changes in future years, based on the different pollcy alternatives the Board will be investigating. The other issue which needed to be clarified concerned the detailed pages of the schc,ol budget, containing the terminology "To Be Determined". This terminology does not mean there is no funding for the project, only that City staff was reluctant to prioritize the projects or to decide which ones could be modified to meet overall tunding limits. The City Manager recommended a "bottorn line" total for each year of the School's Capital Improvement Program. The City Manager requested the Council refer the document back to the School System. The School system, at that time, declined to further review the document. In the first year, of the School's proposal, the recommended amount from the City Manager is actually 95% of the School Board's request. There is agreement, the land acquisition project could be adjusted and the first year could go forward accordingly. Thus, there would be no impact on any of the planning of the projects included in the first year of their CIP. The Schools would have $1.6- MILLION appropriated in the first year of the CIP, in addition to the $3.8- MILLION existing from previous actions of City Council. Funds exceeding $5- MILLION would be available for land acquisition. In the next two years of the CIP, the City Manager's recommendation was 91-1/4% of the School's request, sufficient funding to provlde for the construction by 1994 of Ocean Lakes High School and the West Kempsville Area Middle School. The Schools would need to make approximately $7-MiLLION in adjustments in a $100-MILLION program in the first three years. It is important to put this in prospective. The Ocean Lakes High School project first appeared in the 1989 Capital Improvement Program at a cost of approximately $26.8-MILLION and was not scheduled to open until 1996. In 1991, this project scope had Increased 287,000 square feet and was scheduled to open in 1995. A 1992 Referendum has been included and proposed in the Capital Improvement Program FY 1991-1992 - 1995- 1996. There has been a 1992 Referendum scheduled since 1986. With the approval of the 1992 Bond Referendum, Ocean Lakes High School would be constructed by 1994. Therefore, this project has been advanced through actions ot City Council to provide tunding for design and other activities. The City feels comfortable, the major issues which the schools have put forward can be addressed; however, there is greater uncertainty in the fourth and fifth year. Should the 111800 student per year rate" materialize as the School Board anticipates, the fourth and fifth year of the CIP would require the results of the School Board's December Study. Councilman Jones referenced the 1145/15 Program" and whether such a plan would aftect the Schools' CIP requirements, as well as the type of housing requlrements necessary. Councilman Jones requested this Program be included in the December Study. The Virginia Beach City School Board meets tonight, November 5, 1991, at 7:00 P.M. and shall be discussing the 1145-15 Program" for students (45 days on, 15 days off), which would impact their CIP. The tentative amount of the 1992 Referendum is $50-MILLION, subject to adjustment. The possibility of two Referendums, totaling $100-MILLION, was investigated for 1992 and 1994. The size of the Referendum could be adjusted. Additional funds for site acquisition would be included in the 1992 Referendum. - 4 - C IT Y C 0 UN C I L W OR K S HOP CAP IT A L I M P R 0 V EM EN T P R 0 G R AM FY 1991-1992 - 1995-1996 ITEM # 35028 (Continued) The State has not stayed with their previous policies and the City cannot rely on any funds for growth related costs, i.e, new enrollment, from the State. Regarding the amount of the tax increase, resulting from the $50-MILLION 1992 Referendum, this was not specifically estimated as the School Board has not responded to the City Council's request for detail. Mr. Block will make reasonable assumptions in order to advise City Council of the estimated tax increase. Mr. Block will also outline the total Operating Costs (including teachers' salaries) to staff a school. The Stormwater section of the CIP was dependent for funding of both debt service and pay-as-you-go capital financing on the stream of revenues to be produced by the Environmental Services Utility and fee. As further review of this Utility has been indicated by City Council, it will be necessary to "set aside" the vast majority of this particular section of the CIP pending final City Council action, in order for the remainder of the CIP to be acted on in accordance with the current schedule. Mr. Block referenced his Memorandum of November Fourth concerning the Environmental Services Utility and fee, with attached new summary pages reflecting those changes. Said memorandum is hereby made a part of the record. The Various Drainage Improvement - CIP 2-020 and Queen City Drainage - CIP 2-172, contained in this attachment, do not depend upon the fee for their funding. The $200,000 for Various Drainage Improvements was appropriated in the Operating Budget last July. The funds in the Queen City Drainage project are Community Development Block Grants or Federal Grant Money; therefore, these funds remain. Because of the debt service incurred, all the other projects in 1991-1992 were dependent upon the fees for financing. The ultimate desire of any utility is to sell revenue bonds. Revenue bonds could not be sold the first two years, so Charter Bonds would continue to be utilized, but as used in the water and sewer system, the debt service would be paid for with the revenues of the utility and the General Fund reimbursed. As per request, Mr. Block will prepare a written report of the process. The City Staff will advise of interim measures to assist in the problems associated with flooding in the North Beach and Princess Anne Plaza area, i.e. borrowing funds from other projects. Mr. Block advised the revenue stream from the Envirorunental Services Utility and fee will commence in July 1992. Concerning the first projects to which this revenue stream would be applied, Mr. Block referenced Page IA in the STORMWATER Section of the CIP, which details the projects financed to date or in 1991-1992 as projects which would begin to move forward. Pocohantas Village Drainage System Improvements - CIP 2-181, has been budgeted at $500,000 with $135,418 available to begin design during the first year. Cleveland Street/Columbus Street Outfall - CIP 2-964 and Pine Ridge Drainage Project - CIP 2-179, would be fully funded as a result of the fee. These projects are bond related and the debt service on the bonds could be supported from the fee. To implement the utility fee in June 1992, adoption of an Environmental Services Utility Ordinance, and adoption of Environmental Services Utility rate, must be completed prior to December 25, 1991. On October 29, 1991, City Council DEFERRED these Ordinances at least ninety days, if these Ordinances were not adopted until the completion of this ninety day deferral, actual billing would be delayed sixty to ninety days and the revenue from this utility would be lost. The utility concept is simply one method of funding the requirements of the Clean Water Act and the pressing drainage and flooding problems in the City. The Public Works Department and others involved in the Stormwater Mangement process will be working towards completion of Part 2 of the required EPA permit in November 1992, at which time the City's Comprehensive Plan and fiscal plan must be in place. - 5 - C IT Y C 0 UN C I L W OR K S HOP CAP IT A L I M P R 0 V EM EN T P R 0 G R AM YY 1991-1992 - 1995-1996 ITEM # 35028 (Continued) The City is required, by law, to include in the permit application a feasible financial analysis and plan regarding pollution. Councilwoman Parker distributed a copy of her letter of November Fifth, which is hereby made a part of the record. Councilwoman Parker advised the quality of education is one of the top deciding factors for the location of business. Councilwoman Parker suggested the Capital Improvement Program be reprioritized to ensure funding for School projects, and either delay or place into the "To be Determined" category specific road projects for which development is questionable and in the future. Concerning the Water and Sewer Utility Section of the CIP. Mr. Block advised Clarence Warnstaff, Director of Public Utilities, is in the process of preparing comments, recommendations and programs previously discussed with the City Council. Mr. Warnstaff did not feel it appropriate at this time to make changes in the CIP until the City Council had examined these program alternatives. Councilwoman McClanan expressed concern relative General Booth Fire Station and response times as the distance between fire stations is significant. Regarding the General Booth Fire and Rescue Station, Councilman Jones requested this project be evaluated to determine how this project could be moved forward. Mr. Block advised Mayor Oberndorf, that contrary to a letter appearing in the newspaper, the Little Neck Fire Station is in the Capital Improvement Program and is in the process of being prepared for bid. The City Staff has advised the writer and the newspaper. As per request of Councilman Lanteigne, Mr. Block will prepare a report concerning the revenues derived from the Truck Weighing Program. This revenue stream might be utilized in the area of the bridges under construction. Based on concerns of City Council, Mayor Oberndorf advised the City Council will consider appointments to an Environmental Services Utility Co@mittee. 6 F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 5, 1991 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESS ION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui lding, on Tuesday, November 5, 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: Reverend Donald Murray Provldence Friends Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 7 Item IV-F.l. MINUTES ITEM # 35029 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council APPROVED, AS CORRECTED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 29, 1991. There was a typographical error regarding the sectlon of the City Code. Section 2.1-344(B) should be stated as Section 2.1-344.1(B) of the Code of Virginia. ITEM #35025, PAGE 31, RECESS INTO EXECUTIVE SESSION The EXECUTIVE SESSION shall be held at an undisclosed location within fifteen (15) days as permitted by Section 2.1-344.1(B) 2.1 344(B) of the Code of Virginia, after whlch to adjourn and To be certified at the next Session of 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 8 Item IV-G.l. COUNCIL COMMITTEE REPORT TTEM # 35030 1986 BOND REFRENDA William A. Schlimgen, Chairman - Bond Referendum Committee, reported on expenditures and obligations incurred by the City through September 30, 1991, on highway and school projects approved in the 1986 Referendum, co@i,nity center projects approved in the 1987 Referendum, school projects approved in the 1989 Referendum and the Lake Gaston Water Resource Project approved in the 1988 Referendum. The Ferrell Parkway, Independence Boulevard, Indian River Road, Northampton Boulevard, and two Lynnhaven Parkway projects are complete in the 1986 Highway Referendum. Construction on the General Booth Boulevard project is 93% complete. Of the $40-MILLION authorized, 83.2%, or $33,292,754, has been contracted. Concerning the 1987 Recreation Center Referendum, the Great Neck and Bow Creek facilities are open to the public. The Bayside project is 97.5% complete. The original bids for the Southeast/Princess Anne Co@unity Center project were rejected and the project is to be rebid on October 22, 1991. Through September 30, 1991, $24,460,413, or 74.5%, of the $32,850,000 total has been contracted Relative the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown Elementary and Middle School and Strawbridge Elementary School have been acquired. Construction is scheduled to begin on the Ocean Lakes High School and Corporate Landing Elementary school projects in April and June 1992, respectively. Funds totaling $28,750,485, or 89.0% of the $32,310,000 authorized, have been contracted. Because of the Various School Site Acquisition, Ocean Lakes High School and Corporate Landing Elementary School projects in the 1989 School Referendum, also have 1986 School Referendum funding. Work is complete on the original thirteen elementary school gymnasium additions, with an architect to be hired October 1991 for design of a gymnasium addition to the Old Donation Center for the Gifted and Talented. Work is complete on the Bayside and Kellam High School modernizations. Construction of the Strawbridge Elementary, Tallwood High and Landstown Elementary and Middle School projects is 99%, 35% and 32% complete, respectively. Of $68,375,000 authorized, $58,176,855 or 85.1%, has been contracted. Concerning the 1988 Lake Gaston Water Resource Project Referendum, as indicated in previous quarterly reports, work on contracts Bl for overhead crossings and Cla for the westernmost terminus of the pipeline has been delayed by court injunction requiring the city to await an approval from the Federal Energy Regulatory Commission. Of $200,000,000 authorized, $16,976,408, or 8.5%, has been contracted. 9 Item IV-H.l. LOW BID ITEM 35031 Upon motion by Counci Iman Sessoms, seconded by Vice Mayor Fentress, City Council APPROVED: LOW BID UTILITY BUILDERS, INC. Lynnwood/Michaelwood $1,336,863 Sewerage/Water Facilities Contract IA (CIP 6-948/5-048) 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 IV-J.1. ADD-ON ITEM # 35032 Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council APPROVED ADDING TO THE AGENDA: Resolution requesting the Secretary of the Department of Interior direct the Back Bay Wildlife Refuge Manager to take no further action against the remaining ponies and/or their descendants inhabiting the Refuge; and, an environmental assessment be prepared and published, and a public hearing held re determining a more reasonable method of managing this natural resource. 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 Item IV-J.2. ADD-ON ITEM 35033 Anthony Leger, Refuge Manager - Back Bay National Wi I diife Re f u ge, advl sed the Retuge Is operated un der spec i ti c gu! detines an d pol ic!es. The pon l es were removed trom the Refuge because they conflict significantly with the migratory waterfowl. Upon motion by Counci lman Lanteigne, seconded by Counci Iman Sessoms, City Council ADOPTED: Resolution requesting the Secretary of the Department of Interior direct the Back Bay Wildlife Refuge Manager to take no further action against the remaining ponies and/or their descendants inhabiting the Refuge; and, an environmental assessment be prepared and publlshed, and a public hearing held re determining a more reasonable method of managing this natural resource. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Pau I J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Robert W. Clyburn and Nancy K. Parker Council Members Absent: None 1 Requested by Councilman Paul J. Lanteigne 2 A RESOLUTION REGARDING 3 PONIES INHABITING BACK 4 BAY WILDLIFE REFUGE 5 WHEREAS, a herd of ponies that have traditionally roamed 6 free in Back Bay Wildlife Refuge were recently captured and removed 7 from the Refuge; 8 WHEREAS, these ponies have subsequently been sold at 9 public auction; 10 WHEREAS, the manager of the Refuge has indicated that the 11 ponies were removed because they are trespassing on government- 12 owned land that was intended for the use of migratory waterfowl; 13 WHEREAS, although the precise heritage of the ponies is 14 debatable, some experts believe them to be descendants of Spanish 15 horses that arrived on the Outer Banks in the 1850s; and 16 WHEREAS, removal of the ponies from the Refuge deprives 17 them of a habitat that has become the equivalent of their native 18 breeding and grazing grounds. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That City Council hereby requests the Secretary of the 22 Department of Interior to direct the manager of the Back Bay 23 Wildlife Refuge to take no further action against the remaining 24 ponies and their descendants. 25 BE IT FURTHER RESOLVED: 26 That the City Council requests an environmental 27 assessment be prepared and published and that a public hearing be 28 held to determine a more reasonable method for managing this 29 natural resource. 30 Adopted by the Council of the City of virginia Beach, 31 Virginia, on the 5 day of November 1991. 32 CA-4490 33 PONIES.RES 34 R-3 - 12 - Item IV-J.3. ADD-ON ITEM # 35034 Mayor Oberndorf advised the Planning Items scheduled for the City Council Session of November 12, 1991, were not advertised in accordance with legal requirements. Although the list of items was faxed to the VIRGINIA BEACH SUN, the advertisement did not appear in the VIRGINIA BEACH SUN on October 30, 1991, as requested. Correspondence and confirmation notice of the Planning Department's fax are hereby made a part of the record. Therefore, it will be necessary to schedule these applications for the City Council Meeting of November 26, 1991. 1 3 Item IV-K.l. RECESS INTO ITEM # 35035 EXECUTIVE SESSION ADD-ON Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct its EXECUTIVE SESSION (2:45 P.M.), pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, sa l ar i es, d!sc i p Iini ng, or res!gnation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Environmental Services Utility Review Committee To-Wit: Discussion of Prospective Candidates - Position of City Manager Upon mot i on by V 1 ce Mayor Fentress, seconded by Counc 1 1 man Baum, C i ty Counc i I voted to proceed Into EXECUTIVE SESSION. 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 - 14 - Item IV-L.I. RECONVENE FORMAL SESSION ITEM # 35036 Mayor Meyera E. Oberndorf RECO the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 5, 1991, at 3:40 P.M. Council Members Present: John A. Baum, 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: James W. Brazier, Jr. - 15 - Item IV-M.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35037 Upon motion by Vice Mayor Fentress, seconded by Counci lman Baum, City Counci I CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum'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: James W. Brazier, Jr. 46, Xrooluttlin 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 # 35035, Page No. 13 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. Ruth Hodges Smith, CMC/AAE City Clerk Beverl 0 Chief Deputy City Clerk November 5, 1991 - 16 - Item IV-N.l. APPOINTMENTS ITEM # 35038 ADD-ON Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: ENVIRONMENTAL SERVICES UTILITY REVIEW COMMITTEE Michael J. Barrett Tuck Bowie Judith Dockery Jack Haworth Barbara M. Henley Maurice Jackson Norris Shirley Ralph J. Thomann Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: James W. Brazier, Jr. 1 7 Item IV-0.1. ADJOLRNMENT ITEM # 35039 upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:46 P.M. 6eve-rl,cts 0. Hoo s, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Mayor City of Virginia Beach Virginia