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