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HomeMy WebLinkAboutJUNE 4, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL CITY COUNCIL AGENDA . . . ....... JUNE 4, 1991 ITEM 1. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM A- CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father Thomas J. Caroluzza Parish of The Holy Spirit C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - May 28, 1991 G. PRESENTATIONS MISS VIRGINIA BEACH Joyce Perry (Graduate of Princess Anne High School and Student at Commonwealth Coliege) MISS TIDEWATER Lora Flattum (Graduate of William and Mary College) H. RESOLUTIONS/ORDIMANCES 1. Resolution authorizing the City Manager to continue use, subject to budgetary limitations, of the City's fixed wing alrcraft for all State reimbursable activities In support of the Commonwealth's Attorney, Sheriff and other City Agencies. 2. Resolution directing the Planning Commission of the City of Virginia Beach to RECONSIDER the need for Constitution Drive and forward Its recommendation to City Council within sixty days. (Sponsored by Councilman Louis R. Jones) 3. Resolution providing for the Issuance of $6,370,000 School Bonds, Serles of 1991A, of the City of Vlrginia Beach, Virginia, heretofore authorized, to be sold to the Virginia Public School Authority to flnance the construction, renovation and expansion of certain school buildings in the City. 4. Resolution to establish a Summer Events Liaison Committee to serve as liaison between Virginia Beach Events Unlimited, the City Administration, businesses and neighborhoods. 5. Total Quality Management Revisions to City Organizational Structure - Stage 1: a. Resolutlon to reorganlze and Implement Stage I of a Strategic Reorganization Plan; and, authorize the Clty Manager to make such changes and budget transfers necessary to accomplish this transition. b. ordinances to AMEND and REORDAIN the Code of the City of Vlrginia Beach, Virglnia: 1. Sectlon 2-71 re Department of Personnel. 2. Sections 2-151, 2-151.1, 2-153 and 2-154 re City Manager. 3. Chapter 2 by ADDING Article XXIV re Department of Museums. 4. Chapter 2 by ADDING Article XXV re Department of Natural Resources and Rural Services. 6. a. Ordinance to AMEND and REORDAIN Section 37-47 of the Code of the City of Virginia Beach, Virginia, re water usage rates effectlve I July 1991 and 1992. b. Ordinance, upon FIRST READING, to APPROPRIATE $600,425 to the Department of Publlc Utilities re an Increase In the rate of water purchased from the City of Norfolk. 7. Ordinances re Princess Anne Road and Sandbridge Road Intersection Improvements (CIP 2-816) (Deferred May 14, 1991): a. Authorize the City Manager to TRANSFER $173,000 from Flanagan's Lane (CIP 2-134) to Traffic Safety Improvements (CIP 2-816) to fund traffic safety improvements at Princess Anne and Sandbridge Roads. b. Authorize acquisition of property In fee simple for right-of- way for Princess Anne and Sandbridge Roads Intersection Improvements (CIP 2-816); and, acqulsition of temporary and permanent easements of right-of-way, either by agreement or condemnation. 8. a. Ordinance to authorize acquisition of property in fee simple for right-of-way for Flanagan's Lane (CIP 2-134); and, acquisition of temporary and permanent easements right-of-way, either by agreement or condemnation. b. Resolution re disposition of potential EXCESS City property in the vicinity of Princess Anne Road and Flanagan's Lane (CIP 2- 134). 9. Ordinance to AMEND and REORDAIN Section 21-398 of the Code of the City of Virginia Beach, Virginia, re 24-hour parking meters. (Sponsored by Councilman Paul J. Lanteigne) I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. Tf an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinances, upon SECOND READING: a. APPROPRIATE $36,612 to the Commonwealth's Attorney's Office for an additional Attorney I position to be funded by a $28,738 increase in estimated revenues. b. APPROPRIATE $100,266 to the Department of Mental Health/Mental Retardation/Substance Abuse Services re substance abuse programming in the Criminal Justice System and for women and youth. 2. Ordinances appointing viewers in the petitions of: a. Herman, Inc. for the closure of an unnamed twenty foot lane, traversing Block "E", as shown upon that certain plat entitled "Replat of property owned by Definite Contract Building & Loan Association, Virginia Beach, Virginia", containing approximately 2,365.5 square feet (VIRGINIA BEACH BOROUGH). b. Hilda W. Archbell for the closure of a portion of Arctic Avenue situated in "Shore Acres" along the southern right-of-way of Winston Salem Avenue, containing 0.0861 acres (VIRGINIA BEACH BOROUGH). J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 5/30/91 gs MINU T r=S VIRGINIA BEACH CITY COUNCIL Virglilla Beacli, Virginia June 4, 1991 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 4, 1991, at 1:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. (ENTERED: 1:15 P.M.) - 2 - ITEM # 34496 Mayor Meyera E. Oberndorf entertained a motion to permit City Councl I to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, tor the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipi lning, or resignation of specif lc public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Arts and Humanities Commission, Hampton Roads Planning District Commission, Parks and Recreation, Social Services Board and Tidewater Community College Board Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent William D. Sessoms, Jr. - 3 - ITEM # 34497 Mayor Meyera E. Oberndorf CONVENED the CITY COUNCIL CONCERNS SESSION in the City Council Conference Room, City Hall, Building, on Tuesday, June 4, 1991, at 1:30 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 4 - C IT Y C 0 UN C I L C ON C E R N S 1:30 P.M. ITEM # 34498 Correspondence from the City Assessor dated May 28, 1991, was referenced, which requested City Council's concurrence to institute a change in Data Processing procedures to print next year's notices. FY 1991-1992 Budget Code 04012 highlights the phrase: "The number of appraisal notices mailed to property owners will be reduced. Notices will be mailed only if there is an actual change in assessments." Said letter is hereby made a part of the record. It was suggested if this procedure is instituted that it be done on a trial basis for one year. This matter was referred to the City Manager for further research and recommendation. ITEM # 34499 Mayor Oberndorf advised Congressman Owen B. Pickett had met with her Monday, June 3, 1991, and presented a check in the amount of $252,583 as payment in lieu of taxes from (Back Bay Refuge) Virginia Fish and Wildlife Service. Concern was expressed as to the basis for computing this payment. The City Manager will ascertain. ITEM # 34500 Councilman Clyburn noted the tremendous efforts of Robert Dean and the many Volunteers who participated in "Clean The Bay" on Saturday June 1, 1991. Mayor Oberndorf noted the Special Olympics arose early and did their "Clean The Bay" on time to be back in line to march for the STAR SPANGLED SALUTE PARADE. ITEM # 34501 Councilman Sessoms commented that the STAR SPANGLED SALUTE was just "absolutely great". The Mayor expressed delight in all phases of this "Salute To the Troops" and said the Commander of Oceana was very pleased. The Vice Mayor shared the Military's excitement for this day and complimented Admiral Edney on his tremendous speech. The Mayor advised that CNN gave rave reviews of the parade and stated 100,000 attended. The parade was about 2 hours long and had approximately 200 units. King Neptune (Councilman Heischober) participated in the parade and festivities. The Mayor advised that Senators John Warner and Charles Robb were in the parade. ITEM # 34502 Councilman Clyburn complimented the PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE on a very good celebration at Princess Anne Park. Their reflection on historical events, et cetera, was tremendous and the crowd was very good. The Mayor advised the NATO Group Commander will be on Channel 29. Mayor Oberndorf also advised Ronald Hargrove, a citizen of the Princess Anne area right near the Municipal Complex, was honored for his contribution of the "300 Proud" hats. - 5 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 34503 Councilman Sessoms advised a citizen wishes to build a 16' x 16' garage addition to his home and must go before the new Chesapeake Bay Preservation Board which means a fee and other expenses. He is not on the water, but when he applied for a building permit, he was advised he comes under the regulations of the Chesapeake Bay Preservation Act. His property backs to Seashore State Park. Tnstead of the garage costing $16,000, it now will be $24,000. Councilman Sessoms inquired if there was some administrative waiver or relief. Council Lady McClanan shared that another resident back of Bow Creek Recreation Center contracted two years ago for a shed in his back yard and he has a similar problem. However, the City has installed a ditch in the area and he wants the City to abide by the same regulations. Councilman Baum noted another resident is experiencing similar problems with the CBPA in installing steps. Councilman Brazier noted Marina Shores, (really a "shopping center" on the water), is now being constructed within 100' of the water. A boating hazard has been created. Council Lady Parker referenced this is an intrusion. Councilman Brazier advised this violation had been resolved by a $10,000 fine yet the intrusion has not been removed. Councilman Baum noted that in due time the City Manager will report re the Chesapeake Bay Preservation Board, the kinds of applications before the Board and what has resulted in violations or resolved situations. Assistant City Attorney Macali advised there have been no fines imposed by the CBPA Board to date, but that legal proceedings can be filed if violations cannot be resolved. - 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 4, 1991 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 4, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones'Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Father Thomas J. Caroluzza Parish of The Holy Spirit PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 7 item Ii-E-1- CERTIFICATION OF EXECUTIVE SESSION ITEM # 34504 Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, CitY Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from open Meeting requirements by Virginia law were discussed In Executive Session to which this certification resolution applies; AND, Only such public business matters as were Identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 4k groolitttolt - CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 34496, Page No. 2 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. %th HodgesSmith, CMC/AAE City Clerk June 4, 1991 Item 11-F.l. MINUTES ITEM 34305 Upon motion by Counci Iman Clyburn, seconded by Counci lman Jones, City Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 28, 1991. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 9 Item 11-F-2- ADD-ON ITEM 34506 Upon motion by Vice Mayor Fentress, seconded by Counci lman Baum, City Counci I agreed to ADD to the City Council Agenda APPOINTMENTS to the following BOARDS AND C014MISSIONS: ARTS AND HUMANITIES COMMISSION HAWTON ROADS PLANNING DISTRICT COMMISSION SOCIAL SERVICES TIDEWATER COM14UNITY COLLEGE BOARD Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 - Item II-G.1/2 PRESENTATIONS ITEM # 34507 Mayor Oberndorf RECOGNIZED: MISS VIRGINIA BEACH Joyce Perry MISS TIDEWATER Lora Flattum Miss Perry is a graduate of Princess Anne High School and a student at Commonwealth College. Miss Flattum is a graduate of the College of William and Mary. Miss Flattum received a double major in Chemistry and Music. After receipt of her masters degree in music, she plans to pursue a medical career. The MISS VIRGINIA competition in Roanoke will be televised July Thirteenth with the actual competition commencing the prior Thursday night. Mayor Oberndorf also recognized Miss Polly Pierce, the guardian angel and chaperone of these beautiful ladies. Mayor Oberndorf presented each lady with a pewter cup bearing the City Seal. Item II-G.3. RECOGNITION ITEM # 34508 ADD-ON Mayor Oberndorf expressed appreciation to the Members of City Council and all the volunteer participants of a STAR SPANGLED SALUTE. Mayor Oberndorf recognized Flo McDaniel, Co-Chair of the Mayor's Homecoming Committee, as being in attendance. Mrs. McDaniel, with Tom Barton, Co-Chair, and seventy-seven untiring volunteers comprising the Mayor's Homecoming Committee, performed a magnificent job. Mayor Oberndorf expressed her sincere appreciation for their unselfish service. 1 2 Item 11-H.I- RESOLUTIONS/ORDINANCES ITEM # 34509 Upon motion by Councilman Sessoms, seconded by Councilman Brazier, City Council ADOPTED: Resolution authorizing the City Manager to continue use, subject to budgetary limitations, of the City's fixed wing aircraft for all State reimbursable activities In support of the Commonwealth's Attorney, Sheriff and other City Agencies. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McCianan and Nancy K. Parker Council Members Absent: None I A RESOLUTION AUTHORIZING THE CITY MANAGER 2 TO CONTINUE USE OF THE 3 CITY'S FIXED WING AIRCRAFT 4 WHEREAS, the City lias received title to a Baron twin engine fixed wing 5 aircraft through the U. S. Department of Justice's Drug Enforcement 6 Administration Shared Proceeds of Seized Property program; 7 WHEREAS, the City has applied for and received permission from the State 8 Supreme Court to reimburse the City all operating costs for use the fixed wing 9 aircraft when performing prisoner extraditions; 10 WHEREAS, a Council authorized pilot program utilizing the fixed wing 11 aircraft has proven to be cost beneficial to the City. 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNGIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA, that the City Manager is hereby authorized, subject to 14 appropriate budgetary limitations, to use the fixed wing aircraft for (1) all 15 State reimbursable activities in support of the Commonwealth's Attorney and 16 Sheriff such as prisoner extraditions, transfers, and State Agreements on 17 Detainers, and (2) upon prior written approval from the City Manager for each 18 occurrence, other City agencies where it is cost beneficial to use the aircraft 19 in lieu of commercial flights and are fully funded by transfers from the 20 requesting agency's operating budget; 21 BE IT FURTHER RESOLVED that the City Manager shall annually review the 22 program's costs and benefits consistent with the review of each annual operating 23 budget. 4 June 24 RESOLVED THIS DAY OF 1991, BY THE COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA. 26 This resolution shall be in effect from the date of its adoption. planperm.res/swj - 13 - Item 11-H.2. RESOLUTIONS/ORDINANCES ITEM # 34510 Upon motion by CouncIIman Jones, seconded by CouncIIman Brazi er, Cl ty Counci I ADOPTED: Resolution directing the Planning Commission of the City of Virginia Beach to RECONSIDER the need for Constitution Drive and forward its recommendation to City Council within sixty days. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: None *Councilman Heischober DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he oSSns property which may be subject to a taking, in whole or In part, in connection with the Constitution Drive Flyover project. Councilman Heischober declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Heischober's letter of June 4, 1991, is hereby made a part of the record. HAROLD HEISCHOBER 4372 HOLLAND ROAD COUNCILMAN-AT-LARGE VIRGINIA BEACH, VIRGINIA 23452 (804) 499-MM (804) 4644910 June 4, 1991 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the fOllOWiDg declaration: 1. The transaction for which I am executing this written disclosure is the Council consideration and vote on a resolution directing the Planning Commission to reconsider the need for the Constitution Drive Flyover. 2. Tle nature of my personal interest in that I own property which may be subject to a taking, in whole or in part, in connection with the Constitution Drive Flyover project. Mrs. Ruth Hodges Smith -2- June 4, 1991 3. The City Attorney has advised me that in his opinion I am a member of a group, i.e., surrounding similarly-situated property owners, the members of which are all affected by the transaction. 4. 1 wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attomey, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Councilman HH/awj Enclosure LESLIE L L [-I EY MINICIPAL CENTER CIIY @TI.RNEY @IRG@NIA BEACII, V@ 23156 9ON (804) 421 4531 FA. (804) 426 5687 June 4, 1991 Councilman Harold Heischober Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Opinion Dear Councilman Heischober: I am writing in response to your request fc)r an opinion regarding your ability to participate in the Council discussion and vote on a resolution directing the Planning Commission to reconsider the need for the Constitution Drive Flyover. The matter is scheduled for consideration at the Jtine 4, 1991 1-neeting of the City Council. Summa@Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the transaction of the Virginia Beach City Council concerning the resolution directing the Planning Commission tc) reconsider the need for tlie Constitution Drive Flyover. However, as a member c)f a group of persons affected by the trinsaction, yoll inay p,,irticipate in the transaction upon discl()slire Of YOLir iiiterest purstiint to Virgiiiii Code SS 2.1-639.14(G). In this regard, I attacii a written declaration pLirSL]ant to SS 2.1-639.14(G) to be filed with the City Clerk. Councilman Harold Heischober -2- June 4, 1991 1 base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Facts Eresented- On October 25, 1982, the Master Street and Highway Plan was amended to include Constitution Drive as a six-lane divided flyover, with bikeway, extending from Independence Boulevard north, over Route 44, to Columbus Loop. On July 9, 1990, City Council deferred indefinitely a resolution that would bave requested the Commonwealth Transportation Board to authorize the Virginia Department of Transportation to move forward with design of the project. Your request for an advisory opinion is generated by the Council's consideration of a resolution that would direct the Planning Commission to reevaluate tbe need for the Constitution Drive Flyover, to consider its deletion from the Master Street and Highway Plan, and to forward its recommendation to Council within sixty days of adoption of the resolution. You have advised me that your coricern, and reason for requesting this opinion, is that you own property at 4372 Holland Road valued in excess of $10,000, that you operate an auto-dealership from this location, and that the property may be subject to a taking, in whole or in part, in connection with the Constitution Drive Flyover project. The City's Department of Public Works/Real Estate has advised that the alignment of the proposed project has not been fixed with certainty, but that based on the preferred alignment, ingress and egress to your property may be affected and portions of your property may be within the project boundaries and thus subject to a taking. Public Works/Real Estate also advises that the property of approximately 25-30 similarly-situated owners would also be subject to a taking, in whole or in part, in connection with the project. Issue: Are you precluded from participating in the City Council discussion and vote on the resolution directing the Planning Commission to reconsider the need for the Constitution Drive Flyover? Councilman Harold Heischober -3- June 4, 1991 Discussion: I. Applicable Definitions of Section 2.1-639.1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in SS 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced Act. C. Council consideration of this resolution is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. A "personal interest in the transaction" exists wlien an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is tbe subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. 11. Apl2lication of Definitions A. Personal Interest You have a personal interest in the land you own on Holland Road by virtue of its value in excess of $10,000.00. Councilman Harold Heischober -4- June 4, 1991 B. Personal Interest in the Transaction In order to have a personal interest in the transaction, your property must be either the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transaction. As ingress and egress to your property may be affected and portions of your property may be within the project boundaries and subject to a taking, it iS Teasonably foreseeable tbat you may realize a direct or indirect benefit or detriment as a result of the eventual outcome of the Constitution Drive Flyover project. Consequently, it is my opinion that you have a personal interest in the transaction within the meaning of the Conflict of Interests Act. The transaction before the Council does not, however, apply solely to your property. You are a member of a group of owners of properties who will be subject to a taking, in whole or in part, in connection with this project, and who will be similarly affected by the Council's consideration of the resolution (Public Works/Real Estate advises that there are 25-30 similarly-situated owners who would also be subject to a taking). Therefore, it is my opinion that you may participate in the Council's discussion and vote concerning the resolution as long as you comply with the disclosure requirements of SS 2.1-639.14(G). 111. Disclosure Requirements: Based on the fact that you are a member of a group which is affected by the transaction, i.e., all similarly-situated property owners, you may participate in City Council's consideration of the proposed resolution directing the Planning commission to reconsider the need for the Constitution Drive Flyover. SLich disclosure must include a declaration that you are able to participate in the transaction f,,iirly, objectively, and in the public interest. A proposed disclosure letter which complies with SS 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which WOLild affect tlie confidence of the public in the officer's ability to be impartial. I have opiiied that you may participate in the Councilman Harold Heischober -5- June 4, 1991 transaction after disclosure. However, if you are concerned that participating in the transaction, even after disclosure, could create an unacceptable appearance, you May abstain from voting under SS 2.1-639.14(E) provided that you first discilse your interest in the transaction. As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides that a written opinion of the ttorn@ -ade after a full disclosure of the facts, is advisory and admissable as evidence that the local officer did riot kri0wingly violate the Act, while a favorable opinion of the Commonwealth'@ Attorne as the enforcing officer of the COIA, provides immunity from any alleged violation. If You choose to seek an Opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Please contact me should you desire any additional information. Very truly yours, Leslie L. Lill City Attorne LLL/RMB/a@ Enclosure REQUESTED BY COUNCILMAN LOULS JONES RESOLUTION DIRECTING THE PLANNING COMMISSION OF THE CITY OF VIRGINIA BEACH TO RECONSIDER THE NEED FOR THE CONSTITUTION DRIVE FLYOVER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby directs the Planning Cominission of the City of Virginia Beach to reevaluate the need for the Constitution Drive Flyover, as it would extend from Independence Boulevard north, over Route 44, to Columbus Loop, arid consider its deletion from the Master Street and Highway Plan. BE IT FURTHER RESOLVED: That City Council hereby requests that the Planning Commission forward its recommendation for the Constitution Drive Flyover to Council witmn sixty days of adoption of this resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on this 4 day of une 1991. @"'ICIVED,Uo Co@i, . APP,@OVET-1 AS TO L,-,AL - 14 - Item 11-H.3. RESOLUTIONS/ORDINANCES ITEM # 34511 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Resolution provlding for the issuance of $6,370,000 School Bonds, Series of 1991A, of the City ot Virginia Beach, Virginia, heretofore authorized, to be sold to the Virginia Public SchOl Authority to finance the construction, renovation and expansion of certain school buildings in the City. Voting: 11-0 Council Members Voting Aye: John A. BAUM, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RESOLUTION PROVIDING FOR THE ISSUANCE OF $6,370,000 SCHOOL BONDS, SERIES OF 1991A, OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA, HERETOFORE AUTHORIZED, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY, AND BETTING FORTH THE FORK AND DETAILS THEREOF WHEREAS, in July, 1990, the School Board of the City of Virginia Beach, Virginia (the "School Board"), obtained a commitment (the "Commitment") from the Commonwealth of Virginia Board of Education (the "Board of Education") for a loan of $6,369,454 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of virginia and dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Virginia Beach, Virginia (the "City"). WHEREAS, the Board of Education was to have given advances on the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the comoletion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at 4.0 percent per annum and mature in annual installments for a period of 20 years; WHEREAS, in connection with the 1991 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the IIVPSAII) has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum cash payment (the "Lump Sum Cash Payment") equal to the sum of (a) net present value difference, determined on the date the VPSA sells its bonds, between the interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (b) an allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance"); WHEREAS, the issuance of $68,375,000 bonds of the City was authorized by an ordinance adopted by the City Council (the "Council") of the City on August 21, 1989, after a public hearing r was held on such date, in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of virginia of 1950, as amended (the "Virginia Code"), and approved by the qualified voters of the City at any election held on November 7, 1989, to finance continuing development of the City's school system, $35,000,000 of which bonds have been issued and sold; and WHEREAS, the City Council (the "Council") of the City has determined that it is necessary ai,d expedient to issue its general obligation bonds in the maximum amount of $6,370,000 to finance costs of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds and Use of Proceeds. The Council has determined previously that it is advisable to contract a debt and issue and sell general obligation bonds in an aggregate amount not to exceed $6,370,000 (the "Bonds") for the purpose of financing certain capital projects for public school purposes. The Council hereby provides for the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of Bonds. It is determined to be in the best interest of the City to accept the offer of the VPSA and the Board of Education for the VPSA to purchase, and the City to sell to the VPSA, the Bonds at a price equal to an amount that when added to the Lump Sum Cash Payment will be approximately equal.to the capital cost of the Project approved by the Board of Education plus the Issuance Expense Allowance, upon the terms established pursuant to this Resolution and for the City to accept the Lump Sum Cash Payment from the Board of Education. The Mayor and the City Manager, or either of them, are hereby authorized and directed to execute the Bond Sale Agreement in substantially the form submitted to the Council at this meeting, which is hereby approved, deliver it to the VPSA and accept the Lump Sum Cash Payment from the Board of Education. 3. Details of Bonds. The Bonds shall be issuable in registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of their issuance and delivery; shall be designated "School Bonds, Series of 1991A;ll shall bear interest payable semi-annually beginning December 15, 1991 (on which date capitalized interest on the VPSA Bonds shall be credited against such interest in full satisfaction thereof), and on each June 15 and December 15 thereafter (each an "Interest Payment Date"), at the rate or rates, and shall mature on December 15 in the years (each a "Principal Payment Date") and in the amounts, established in accordance with paragraph 4 of this Resblution. The Interest Payment Dates stated above and the principal amounts due on the Bonds as shown on Exhibit A attached -2- hereto are subject to change at the request of the VPSA. The City Manager is hereby authorized to and directed to accept changes in the Interest Payment Dates and the principal amounts due on the Bonds at the request of the VPSA; and, the execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence the same as having been approved and authorized by this Resolution. Interest on each Bond shall be payable (a) from its date, if it is authenticated prior to December 15, 1991, or (b) otherwise from the June 15 or December 15 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case such Bond shall bear interest from the date to which interest has been paid). Principal and premium, if any, shall be payable, subject to the provisions of Section 7, to the registered owners upon surrender of the Bonds as they become due at the principal corporate trust office of Crestar Bank, Richmond, Virginia, the Registrar. Subject to the provisions of Section 7, interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on registration books kept by the Registrar on the first day of the month of the interest payment date. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 4. Award of Bonds: Interest Rates. The City Manager is hereby authorized and directed to award the Bonds to the VPSA at a price equal to an amount that when added to the Lump Sum Cash Payment will be approximately equal to the capital cost of the Project approved by the Board of Education plus the Issuance Expense Allowance, upon the terms established pursuant to this Resolution and for the City to accept the Lump Sum Cash Payment from the Board of Education, at an interest rate or rates established by the VPSA, provided that no such interest rate or rates shall be more than ten one-hundredths of one percent (10/100 of 1%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA (the IIVPSA Bonds"), the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate or rates on the Bonds shall exceed nine percent (9%) per year. Principal of the Bonds shall be payable in installments in years and amounts as set forth on Exhibit A; provided, however, that the City Manager is hereby authorized to award the Bonds to the VPSA in accordance with a principal payment schedule different from that set forth in Exhibit A as the VPSA may propose, provided that such schedule shall provide for annual payments in the years 1992 through 2011, inclusive. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence the same as having been approved and authorized by this Resolution. -3- 5. Form of Bonds When Owned bV VPSA. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit B. 6. Payment to VPSA: Paying Agent and Registrar. a. For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. (Richmond, Virginia, time) on the applicable Interest Payment Date and Principal Payment Date, or, if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. (Richmond, Virginia, time) on the business day next preceding such Interest Payment Date and Principal Payment Date. b. All overdue payments of principal and, to the extent permitted by law, interest, shall bear interest at the applicable interest rate or rates on the Bonds. C. Crestar Bank, Richmond, virginia, is designated as Bond Registrar and Paying Agent for the Bonds (the "Registrar"). 7. No Prepayment or Redemption. The Bonds are not subject to prepayment or redemption prior to their stated maturities. 8. Execution of Bonds. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 9. Pledge of Full Faith and Credit. For the timely payment of the principal of and the interest on the Bonds as the same shall become due, the full faith and credit of the city are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding, unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Council shall levy and collect in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and the interest on the Bonds as such principal and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the City. -4- r 10. State Non- In accordance with the requiremerts of the VPSA, the Council hereby determines that it is in the Cityls best interests to participate in the State Non-Arbitrage Program in connection with the Bonds, and hereby authorizes and directs the City Treasurer to take such action as shall be necessary or desirable therefor. The appropriate officers of the City are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds bY and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository; provided, however, that such proceeds shall be invested in such manner that none of the Bonds will be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue code of 1986, as amended, including regulations applicable to the Bonds (the "Codell). The Proceeds Agreement shall be in such form as shall be approved by the City's bond counsel. ii. The city hereby covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Code Section 148, or otherwise cause interest on the Bonds to be includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the city at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds. The City shall pay any such required rebate from its general funds. 12. Use of Proceeds Certificate. The appropriate officers and agents of the City are hereby authorized and directed to execute a Use of Proceeds Certificate or Certificates setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Codell), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Council, on behalf of the City, covenants that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and other Certificates and that the City shall comply with the other covenants and representations contained therein. Furthermore, the Council, on behalf of the City covenants that the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. Such Certificates may also provide for any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with the provisions of Code Section 148. 13. Restrictions on Private Use. The City covenants that it will not perinit the gross proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in code Section 141(b), (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Code Section 141(b)(4), or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in code Section 141(c); provided, however, that if the City receives an opinion of bond counsel to the City with respect to the Bonds, and bond counsel to the VPSA with respect to the VPSA Bonds, that compliance with any such restriction is not required to prevent interest on the bonds of both issues from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such restriction. 14. No Sale of Bonds of Same Issue. The City covenants that it will not, without the Authority's consent, sell or deliver any general obligation bonds which are part of the same common plan of financing (and paid for from the same source of funds) as the Bonds between the dates that are 31 days prior to the date of sale of the VPSA Bonds and 31 days after the Closing Date. 15. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 16. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds, and any such action previously taken is hereby ratified and confirmed. 17. Repeal of Resolutions in Conflict. All resolutions or parts thereof in conflict herewith are hereby repealed. 18. Effective Date. This Resolution shall take effect immediately. ADOPTED: June 4, 1991 -6- EXHIBIT A Principal Repayment schedule Year Amount Year Amount 1992 $ 315,000 2002 320,000 1993 315,000 2003 320,000 1994 315,000 2004 320,000 1995 315,000 2005 320,000 1996 315,000 2006 320,000 1997 315,000 2007 320,000 1998 320,000 2008 320,000 1999 320,000 2009 320,000 2000 320,000 2010 320,000 2001 320,000 2011 320,000 EXHIBIT B (FORM OF TEMPORARY BOND) NO. TR-1 $6,370,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH School Bond, series of 1991A CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of SIX MILLION THREE HUNDRED SEVENTY THOUSAND DOLLARS ($6,370,000), in annual installments on December 15 of the years each a "Principal Payment Date", together with interest on the unpaid principal and, to the extent permitted by law, any overdue interest at the annual rates set forth below from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on December 15, 1991, and semi- annually thereafter on June 15 and December 15 of each year (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), as follows: Year of Principal Interest Year of Principal Interest Maturity Amount Rate Maturity Amount Rate 1992 $ 2002 $ 1993 2003 1994 2004 1995 2005 1996 2006 1997 2007 1998 2008 1999 2009 2000 2010 2001 2011 subject to prepayment as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the united States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank, Richmond, Virginia, as Bond Registrar, shall make all payments of principal of, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. (Richmond, Virginia, time) on the applicable Payment Date. If a B-1 T Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. (Richmond, virginia, time) on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgement of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this Bond. This Bond is duly authorized and issued in compliance with and pursuant to the constitution and laws of the Commonwealth of virginia, including the Public Finance Act, Chapter 5, Title 15.1, Code of Virginia of 1950, as amended, and a resolution duly adopted by the City Council of the City to provide funds, together with other available funds, to finance capital projects for public schools. This Bond may be exchanged without cost at the principal corporate trust office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denomination of $5,000 or integral multiples thereof. This Bond is registered in the name of Virginia Public School Authority on books of the city kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to prepayment or redemption prior to their stated maturities. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other B-2 indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. The ordinance adopted by the City Council authorizing the issuance of the Bonds provides, and Section 15.1-210 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate and amount and shall be in addition to all other taxes authorized to be levied in the City. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this Bond to be dated July _, 1991. COUNTERSIGNED: Clerk, City of Virginia (SEAL) Mayor of the Clty -f Beach, Virginia Virginia Beach, Virginia B-3 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered owner Signature Guaranteed: (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this (NOTICE: Signature(s) must be Bond in every particular, guaranteed by a member firm of without alteration or change.) the New York Stock Exchange or a commercial bank or trust company.) B-4 VIRGINIA BEACH CITY SCHOOL BOARD @E) @ @L@SC)L@tJjTIC) SclwoIL54ut6@ 7or @ Eoan Dn 76 @rrwuni of L$6,3694S4 the Virginia Beach City School Board, Virgirv!a Beach, Virginia, has detennined that it is necessary and desirable for the City of Virginia Beach to under(ake capital improve- ments for its public schools; and cas, the General Assemblyof thecon-anonwealthof Virginia has authorized a LiteraryFund interest Tate subsidy prograrri; and it is in the best interest of the City of Virginia Beach and the Virginia Beach Oty School Board to participate in said subsidy program; Now, therefore, be it j@eso6d, That thevirgirda Beach City School Board ratifythefilingof an applicationbythe Acting Supeiintendent and the City Manager to the Virgiriia Public Schc)ol Authority fora loan to the City of Virginia Beach in the maximum amoiint of $ 6,369,454 to finance capital projects for public schools; and be it further J@eSO@ Tbat this resolution shall take effect inunediately. nie undersigned Clerk of the School Board of the City of Virginia Beach, Virgi@a, hereby cerfifies that the foregoing constitutesa tnie and correct e@act from the minutes of a regular meeting of theschool Board held on the 21st day of May, 1991, and of the whole thereof so far as app!icable -o tl,.e n'tatlers referred to in such extract. VWTNESS r?iysignatureandthesealoftheSchoolBoardoftheCityofVig-.*,-@B=@.,Virgr.!:,this2lstdayofMay, 1991. Clerk Virginia Beach City School Board Virginia Beach, Virginia - 15 - Item II-H.4. RESOLUTIONS/ORDINANCES ITEM # 34512 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPI'ED: Resolution to establish a Summer Events Liaison Committee to serve as liaison between Virginia Beach Events Unlimited, the City Administration, businesses and neighborhoods. The Co-Chairs shall be appointed by the City Council and the Co-Chairs shall select the other committee members. Said Members shall be confirmed by the City Council. Voting: 9-2 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr. and Reba S. McClanan Council Members Absent: None 1 RESOLUTION TO ESTABLISH A SUMMER 2 EVENTS LIAISON COMMITTEE 3 WHEREAS, a large number of citizens and visitors are 4 expected to celebrate the summer of 1991 in Virginia Beach; 5 WHEREAS, the City of Virginia Beach is committed to 6 ensuring the opportunity for a pleasant suinmer experience for all 7 of its citizens and visitors; 8 WHEREAS, the City Council recognizes the need to plan 9 and coordinate the events to ensure a successful and enjoyable 10 summer long celebration; and 11 WHEREAS, events and activities for the summer season re 12 being planned by the private sector and virginia Beach Events 13 Unlimited. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 That there is hereby created by the City Council of the 17 City of Virginia Beach a Summer Events Liaison Comlittee; nd 18 BE IT FURTHER RESOLVED: 19 1. That the Committee shall serve as liaison between 20 Virginia Beach Events Unlimited, the City 21 Administration and businesses and neighborhoods, 22 and shall advise the City Council of the planning 23 and scheduling of events throughout the entire 24 summer. 25 2. That there shall be appointed by City council Co- 26 Chairs of the Committee with the responsibility of 27 organizing the Committee's efforts, arranging the 28 necessary working meetings with those involved in 29 planning events, and providing for appropriate 30 communication and liaison with City Council. 31 3. That the other Committee members shall be selected 32 by the Co-Chairs and confirmed by the City Council. 33 4. That the COmmittee shall dissolve and th, terms of 34 its members shall expire when a f inal report has 35 been presented and received by the CitY Council, 36 but in any event, not later than December 31, 199 1. 37 5. That COMnittee members shall not receive 38 compensation for their service on the C,Mmittee. 39 6. That unless otherwise specifically approved by the 40 City Council, the Committee is not authorized to 41 expend or obligate any funds, and shall not have 42 the authority to bind the City of Virginia Beach to 43 any contract or indebtedness. 44 7. That the Committee shall adhere to and follow all 45 applicable laws and CitY Policies including the 46 Freedom of Information Act and the conflict of 47 Interests Act. 48 8. That the Committee shall be responsive to the 49 Policies set by the City Council; and 50 BE IT FURTHER RESOLVED: 51 That event planners in the private sector and Virginia 52 Beach EVents Unlimited are requested by City Council to assist in 53 this liaison committee effort by their support and cooperation. 54 Adopted by the City council of the City of Virginia 55 Beach, Virginia, on the 4 day of June 1991. 56 CA-4180 57 Noncode\Liaison2.Res 58 R-5 2 1 6 Item 11-H.5. RESOLUTIONS/ORDINANCES ITEM # 34513 Upon motion by Counci Iman Heischober, seconded by Counci iman Jones, City Council ADOPTED: Total Quality Management Revisions to City Organizational Structure -Stage 1: Resolution to reorganize and implement Stage I of a Strategic Reorganizatlon Plan; and, authorize the City Manager to make such changes and budget transfers necessary to accomplish this transition. A N D, Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: Section 2-71 re Department of Personnel. Sections 2-151, 2-151.1, 2-153 and 2-154 re City Manager. Chapter 2 by ADDING Article XXIV re Department of Museums. Chapter 2 by ADDING Article XXV re Department of Natural Resources and Rural Services. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne and Reba S. McCianan Council Members Absent: None 1 A RESOLUTION TO REORGANIZE THE 2 EXISTING STRUCTURE OF CITY 3 OPERATIONS 4 WHEREAS, the City of Virginia Beach exists in an 5 environment of rapid overall change precipitated by changes due to 6 technological advancements, changes in the demographics of its 7 citizens, changes in community needs and changes in the fiscal 8 environment; 9 WHEREAS, the City administration has the responsibility 10 to periodically examine its organizational structure and to make 11 adjustments to better serve its customers--the citizens of the 12 City; 13 WHEREAS, the City Manager coordinated an internal 14 process over the past several months designed (1) to revise the 15 strategic plan for the management of the City to reflect changes 16 in the external envirorunent and to deal with issues relevant to 17 the City's customers and (2) to develop a realistic organization 18 that would provide a forum for implementing the strategic plan; 19 WHEREAS, this internal process was a collaborative 20 effort that included participation by numerous management-level 21 employees and officials; 22 WHEREAS, the process involved an extensive analysis of 23 approaches used by other organizations and of Total Quality 24 Management concepts and practices; 25 WHEREAS, the City Manager and staff have developed, and 26 recommend for implementation, Stage I of a strategic 27 reorganization plan that is intended to contribute to the 28 accomplishment of the goals and objectives identified to through 29 the internal process; and 30 WHEREAS, City Council has reviewed the proposed 31 strategic plan and is confident that its implementation will be in 32 the best interests of the City and its customers. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 1. That the council hereby authorizes creation of the 36 position of Chief of Staff and further authorizes the transfer of 37 an existing position from within the City to the Executive 38 Department to fill the newly-created position; 39 2. That the Bureau of Street Cleaning, presently 40 assigned to the Department of General Services, Landscape Services 41 DiVision, is hereby abolished, and its functions are hereby 42 reassigned to the Department of Public Works, Division of Highway 43 Maintenance; 44 3. That the Bureau of Beach Maintenance, presently 45 assigned to the Department of General Services, Landscape Services 46 DiVision, is hereby abolished, and its functions are hereby 47 reassigned to the Department of Public Works, Waste Management 48 Division; 49 4. That the Resort Programs office is hereby abolished, 50 and its functions are hereby reassigned to the Department of 51 convention and Visitor Development; 52 5. That the Department of Personnel is hereby renamed 53 the Department of Human Resources; 54 6. That the Safety Office, presently assigned to the 55 Department of General Services, is hereby reassigned to the 56 Department of Human Resources; 57 7. That the Department of Occupational Health Services 58 is hereby abolished, and its functions are hereby reassigned to 59 the Department of Human Resources; 60 8. That the Department of Data Processing is hereby 61 renamed the Department of Information Technology; 62 9. That the Division of Telecommunications of the 63 Department of General Services is hereby abolished, and its 64 functions are hereby reassigned to the Department of Information 65 Technology; 66 10. That there is hereby created a Department of 67 Museums and that the functions of, and staff support for, the 2 68 Marine Science Museum, the FranciS Land House, the dewitt Cottage 69 and the Arts and Humanities Commission are hereby assigned to the 70 Department of Museums; 71 11. That the Department of Agriculture shall continue 72 to exist and operate, as prescribed by the City Charter, as a 73 separate governmental unit for the coordination of functions of 74 the Virginia Cooperative Extension Service; 75 12. That there is hereby created a Department of 76 Natural Resources and Rural Services and that the functions of, 77 and support staff for, the divisions of Administration, 78 Envirorunental Services, and Farmers' Market of the Department of 79 Agriculture are hereby reassigned to the Department of Natural 80 Resources and Rural Services; 81 13. That the functions of the office of Environmental 82 Management are hereby assigned to the Department of Natural 83 Resources and Rural Services; 84 14. That there is hereby created a Parking Systems 85 Management Office to centralize the operations and maintenance of 86 municipal parking programs including parking lots and parking 87 meters to be funded by the Parking Enterprise Fund; 88 15. That the City Manager is hereby authorized to 89 transfer such funds as may be necessary to implement the 90 organizational changes set forth herein; 91 16. That this Resolution shall become effective 92 immediately upon its adoption and that the specific organizational 93 changes set forth herein shall be implemented on such date or 94 dates as the City Manager determines, in his discretion, to be 95 necessary to guarantee a smooth and orderly transition of existing 96 organizational functions; and 97 17. That the City Manager is hereby authorized and 98 directed to continue to examine and analyze the City's 99 organizational structure and to periodically make such 100 recommendations to the Council as the City Manager determines to 101 be in the best interests of the City and its citizens. 3 102 Adopted by the Council of the City of Virginia Beach 103 this 4 day of June , 1991. 104 CA-4173 105 Noncode\Structure.Res 106 R-11 4 I AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 2-7t OF THE 3 CODE OF TIIE CITY OF VIRGINIA 4 BEACH, VIIZGINIA, PER'RAINING TO 5 TIJE DEPARTMENT OF PERSONNEL. 6 BE IT ORDAINED BY TI-IE CITY COUNCIL OF TIIE CITY OF VIRGINIA 7 BEACIJ, VIRGINIA: 8 Tllat Section 2-71 of tlie Co(le of tlie City of Vii-giiii,,i Be,,icli, Virgiiiii, is liereby 9 amencied and reordained to reii(I @is l@ollows: 10 Sectioii 2-71. Est@iblisliiilejit, coiilpositionin(i 1:11lictio[i c)t@ (teplirtilient Of lilii-n@in resources. 11 (a) Tilere is liereby createci a (lel),irtilieiit of p@rsonnw litim@in resotirces, wliicli 12 sliall consist of a director of @onnel resotii-(@es, wlio sliall I)e tlie h@ld of tlie 13 department, atid siich otlier officers and eiiiployees is iii,,iy t)e prescribed I)y tlie coiincil 14 or I)y orciers of tlie city miiiager or (lirectoi coiisisteiit tllerewitli. 15 (b) Tile dep,,irttiient of P(:Fsollll@l llillil;iii res(iiii-ces sliall I)C resl)(Insit)le fol- 16 loriiiiilating recoinmeilcikitions to tlie city iii@iii;tger f@or I)ropose(i pei-sotitiel policies @in(i 17 procediires. Tlie deD,,lrtineiit of filiiiiiii i-(,,sotii-(,es sli@ill ;ilso I)e resi)onsitile f()r tlie 18 i)rovision of sticli otlier serv , % i,% nvi [)c I)v tlie coiin(@il ()r city ill',IilltCr. 19 (c) No foriii,,i] personnel policy oi- I)j-oceclill-e silill I)e el@l@ective iiiitil iil)l)roveci I)y 20 tlie city i-niinager. All 1)1-opose(i I)olicies 811,111 I)C Stll).iect to @ippi.ovll Is to legil froill I)Y 21 tlie city attorney. 22 (d) Tlie @nncl depai-iiiielit of' litilililli i-esoiir(!es sli,,ill be resl)()nsible for (ilily 23 iiciiiiiiiistratioil iitid ipplic@ition of city I)ersoiiiiel lioli(!ies ;iiid ilroce(itires. 24 Wlienever the teriiis "DelL,,t tlll@ ofl' @in(I "Director of Persoiinel" 25 iii-e iised iii tlie City Cocie, ions. or in anv 26 otil.er citv r)til)li(qition, sticli teriiis sli@ill [)e (iceiiie,(l to I)e- tlie "I)eli@ti-iiileiit of I-Iiiinin 27 Resotirces" in(] tlie "Director of lltliii;lli Ize"olli-ces", I-(!Slle(:tiveiv. 28 Adopted by tlie Cc)i-incil of the City of Virginia Beicli, Virginia on the 4 day 29 of June 1 1991. 30 CA-4198 31 \ordin\proposed\02-7l.pro 32 R-2 2 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTIONS 2-151, 2- 3 151.1, 2-152 AND 2-154 OF THE 4 CODE OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA, PERTAINING TO 6 THE CITY MANAGER. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 2-151, 2-151.1, 2-152 and 2-154 of the Code of 10 the City of Virginia Beach, Virginia, are hereby amended and 11 reordained to read as follows: 12 Section 2-151. Assistants. 13 There shall be, in the office of the city manager, chief of 14 staff, assistant city managers, assistants to the city manager, 15 and support staff, whose duties shall be such as may be prescribed 16 by the city manager. 17 RAC;ti-Qn 2-151.1. DepUty GitY manager and ager-s. 18 Ephn fellow,- OffiGe of 19 the Gity manager@ T-he d 20 ;irgigt .- ant Gity ma;iager- ;ger- ant G 21 manager fer analysis and r- 22 f-er- h@an T- 23 presgribed by the Gity manager. 24 Section 2-152. Acting manager. 25 The citv ma stablish a ch d which mav 26 be me. In the absence or temporary 27 incapacity of the city manager, the GlepUty Gity for- 28 develepment, th-- er- fGr- aGIm,'--Istr-atien, t@ 29 gnd the ty inanacjer- f-a-- 30 ;ig@i-9t;a4;t c-i-ty manacjer- fe -- ------ 31 individuals identified in the chain of command shall be empowered, 32 authorized and directed to act in his stead and any such act shall 33 have the same force and effect as if performed by the city 34 manager. 35 Section 2-154. Execution of contracts. 3 6 Except as otherwise provided by law, Charter or ordinance, 37 the city manager @ or his duly authorized desicinee shall be 38 authorized to make and execute, during the ordinary course of 39 business, within the limitations of the appropriation ordinance 40 for any year, all contracts on behalf of the city and such other 41 contracts as may be authorized by the city council. Such 42 contracts shall be approved as to availability of funds by the 43 director of finance and as to form by the city attorney and, where 44 necessary, attested by the city clerk. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia on the 4 day of June 1991. 47 CA-4174 48 \ordin\proposed\02-15let.pro 49 R-3 2 1 AN ORDINANCE TO AMEND AND 2 REORDAIN CHAPTER 2 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, BY ADDING A NEW 5 ARTICLE XXIV PERTAINTNG TO THE 6 DEPARTMENT OF MUSEUMS. 7 BE IT ORDAINED BY THE CITY COTJNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Chapter 2 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained by adding a new Article 11 XXIV to read as follows: 12 ARTICLE XXIV. DEPARTf4ENT OF MJSEIIMS 13 Section 2-455. Created; composi.tion, 14 There is hereby created a department to be designated the 15 department of museums which shall consist of a director of the 16 department and such other employees as may be prescribed by the 17 Charter, or by ordinance, or by direction of the city manager or 18 the director consistent therewith. 19 Section 2-456. Functions. 20 The department of museums shall be responsible for 21 administering and coordinat t@e activities and functions of the 22 Virginia Marine Science Museum, the Francis Land House, the dewitt 23 Cottage and the Arts and Humanities Commission. The department of 24 museums shall also be responsible for the provision of such other 25 services as may be directed by the council or the city manager. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia on the 4 day of June 1991. 28 CA-4175 29 \ordin\proposed\02-455.pro 30 R-1 1 AN ORDINANCE TO AMEND AND 2 REORDAIN CHAPTER 2 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, BY ADDING A NEW 5 ARTICLE XXV, PERTAINING TO THE 6 DEPARTMENT OF NATURAL RESOURCES 7 AND RURAL SERVICES. 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Chapter 2 of the Code of the City of Virginia Beach, 11 Virginia, is hereby amended and reordained by adding a new Article 12 XXV to read as follows: 13 ARTICLE XXV. DEPARTMENT OF NATRUAL 14 RESOURCES AND RURAL SERVICES 15 Section 2-457. Created; composition. 16 There is hereby created a department to be designated the 17 department of natural resources and rural services which shall 18 consist of a director of the department and such other employees 19 as may be larescribed by the Charter, or by ordinance, or by 20 direction of the city manager or the director consistent 21 therewith. 22 Section 2-458. Functions. 23 The department of natural resources and rural services shall 24 be responsible for the administration and management of activities 25 and functions involving the environmental and agricultural 26 resources of the city. The department of natural resources and 27 rural services shall also be responsible for the provision of such 28 other services as may be directed by the council or the city 29 manager. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia on the 4 day of June 1991. 32 CA-4243 33 \ordin\proposed\02-457et.pro 34 R-2 - 17 - Item 11-H.6. RESOLUTIONS/ORDINANCES ITEM # 34314 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 37-47 of the Code of the City of Vl'rginia Beach, Virginia, re water usage rates effective I July 1991 and 1992. AND, APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $600,425 to the Department of Public Utilities re an Increase in the rate of water purchased from the City of Norfolk. Votlng: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None APEt 70 @.EGAL C, I AN ORDINANCE TO AMEND AND REORDAIN SECTION 37- 2 47 OF THE CODE OF THE CITY OF VIRGINIA BEACH, 3 PERTAINING TO WATER USAGE RATES 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 VIRGINIA BEACH, VIRGINIA: 6 That Section 37-47 of the Code of the City of virginia 7 Beach, pertaining to, water usage rates, be, and hereby is, amended 8 and reordained, and shall read as follows: 9 Sec. 37-47. Water usage rates prescribed. 10 In addition to the charges provided for in section 37-46, each 11 consumer shall pay for water usage the rate of two dollars and 12 seventy-seven cents ($2.77) per thousand (1,000) gallons for 1990- 13 1991, effective as of October 1, 1990, and two dollars and ninety- 14 ene six cents ($2 91) ($2.96) per thousand (1,000) gallons for 15 1991-1992, effective July 1, 1991, and three dollars and ene eleven 16 cents ($; 91) ($3.11) per thousand (1,000) gallons for 1992-1993, 17 effective July 1, 1992. 18 Adopted by the City Council of the City of Virginia Beach on 19 the Fourth day of June 1991. 20 CA-91-4259 21 \ordin\noncode\37-47.pro 22 R-1 1 AN ORDINANCE TO APPROPRIATE FUNDS OF $600,425 2 TO THE DEPARTMENT OF PUBLIC UTILITIES DUE TO AN INCREASE 3 IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLK 4 WHEREAS, due to an increase in the rate of water purchased from the City 5 of Norfolk, the water rate charged to customers will increase to $2.96 per 6 thousand gallons effective as of July 1, 1991; 7 WHEREAS, the revised rate will result in an operating budget increase of 8 $600,425 for the purchase of water; 9 WHEREAS, the increase in appropriations will be offset by a like increase 10 in estimated revenues from the sale of water to customers; 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA, that funds in the amount of $600,425 are hereby appropriated 13 to the Department of Public Utilities for an increase in the rate of water 14 purchased from the City of Norfolk. 15 BE IT FURTHER ORDAINED that the increase in appropriations be offset by 16 a like increase in estimated revenues from the sale of water. 17' This ordinance shall be effective from the date of its adoption. 18 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 day of 1991. 20 First Reading: June 4, 1991 21 Second Reading: APPROVED AS TO CONTENT: Walter C. Kraemer, Jr. " I 'W@ Depa-rtment Item II-H.7. RESOLUTIONS/ORDINANCES ITEM 34515 The following registered in OPPOSITION: Eric C. Anderson, 5299 Greenwich Road, Phone: 499-5961, President of the Lakeside Construction Corporation. Mr. Anderson advised Lakeside was the major landowner in this area. John Richardson, represented Lakeside Construction Corporation, and expressed concern relative the alignment widening of the road, which would take place solely on Lakeside's property. This is a very strategic intersection. Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City Council DEFERRED until the City Council Session of July 2, 1991: Ordinances re Princess Anne Road and Sandbridge Road Intersection Improvements (CIP 2-816) (Deferred May 14, 1991): Authorize the City Manager to TRANSFER $173,000 from Flanagan's Lane (CIP 2-134) to Traffic Safety Improvements (CIP 2-816) to fund traffic safety improvements at Princess Anne and Sandbridge Roads. A N D, Authorize acquisition of property in fee simple for right-of-way for Princess Anne and Sandbridge Roads Intersection Improvements (CIP 2-816); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. This DEFERRAL will enable the City Staff to meet with Mr. Anderson and his engineers. However, this project is an enteral improvement. It is not designed to provide the ultimate alignment and intersection. The ultimate would entail more expense, additional right-of-way and a larger scale project. The City Staff will also confer with Mr. Hill, an adjacent resident, relative stormwater run-off and design of the project. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item II-H.8.a.b. RESOLUTIONS/ORDINANCES ITEM # 34516 Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Flanagan's Lane (CIP 2-134); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. Resolution re disposition of potential EXCESS City property in the vicinity of Princess Anne Road and Flanagan's Lane (CTP 2-134). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 FLANAGAN'S LANE CIP 2-134 AND THE ACQUISITION 4 OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT 5 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION 6 WHEREAS, in the opinion of the Council of the City of 7 Virginia Beach, virginia, a public necessity exists for the 8 construction of this important roadway to provide transportation 9 and for other public purposes for the preservation of the safety, 10 health, peace, good order, comfort, convenience, and for the 11 welfare of the people in the City of Virginia Beach: 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City of Virginia Beach is hereby 15 authorized to acquire by purchase or condemnation pursuant to 16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 17 89, et seq., Code of Virginia of 1950, as amended, all that certain 18 real property in fee simple, including temporary and permanent 19 easements of right of way as shown on the plans entitled 20 "FLANAGANIS LANE (PRINCESS ANNE ROAD REALIGNMENT) CIP #2-134,11 21 these plans being on file in the office of Real Estate Department 22 of Public Works, Virginia Beach, virginia. 23 Section 2. That the City Manager is hereby authorized 24 to make or cause to be made on behalf of the City of Virginia 25 Beach, to the extent that funds are available, a reasonable offer 26 to the owners or persons having an interest in said lands, if 27 refused, the City Attorney is hereby authorized to institute 28 proceedings to condemn said property. 29 Adopted by the council of the City of virginia Beach, 30 virginia, on the 4 day of June 1991. 31 CA-4208 32 NONCODE\CA-4208.ORD 33 R-1 D@P@,';MENT AS TO DE t',@R@ AP','P--Vz-:D AS TO @ EC.',e%L SUFFICIEbU@A@,::) CITY ATTORN$-:y I A RESOLUTION REGARDING DISPOSITION 2 OF POTENTIAL EXCESS CITY PROPERTY IN 3 THE VICINITY OF PRINCESS ANNE ROAD 4 AND FLANAGAN'S LANE (C.I.P- 2-134). 5 6 WHEREAS, the Council of the City of Virginia Beach has 7 authorized the City to acquire right-of-way for Princess Anne Road 8 at Flanagan's Lane (C.I.P. 2-134); and 9 WHEREAS, due to this acquisition, a portion of the old 10 roadway of Princess Anne Road will no longer be required by the 11 city due to a shift in alignment; and 12 WHEREAS, some of the lands to be acquired for the new 13 section of Princess Anne Road from various owners will have the 14 frontage of their properties altered by the relocated portion of 15 Princess Anne Road; and 16 WHEREAS, these affected landowners have requested that 17 the City Council consider declaring certain portions of the old 18 roadway and adjacent city property as excess property and 19 conveying same to them in order to restore their road frontage 20 that may be lost due to the city's acquisition; and 21 WHEREAS, the Council of the City of Virginia Beach 22 agrees in principle with this request and desires to authorize the 23 city manager and his assigns to negotiate with the affected 24 property owners in an attempt to resolve this issue and bring back 25 to Council in the form of an ordinance an acceptable resolution of 26 this matter. 27 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the City Council of the City of Virginia Beach 30 agrees in principle to the request referenced above and hereby 31 authorizes the city manager and his assigns to attempt to reach an 32 acceptable resolution of this matter and return to city Council 33 for appropriate action. 34 Adopted by the City Council of the City of Virginia Beach, 35 Virginia, on the 4 day of June 1 1991. 36 CA-91-4284 37 \noncode\cip2-134.res 38 R-3 2 - 20 - Item II-H.9. RESOLUTIONS/ORDINANCES ITEM # 34517 Upon motion by Councilman Lanteigne, seconded by Vice Mayor Fentress, City Council DEFERRED until the City Council Session of June 25, 1991: Ordinance to AMEND and REORDAIN Section 21-398 of the Code of the City of Virginia Beach, Virginia, re 24-hour parking meters. This DEFERRAL will enable further review of the Ordinance by City Staff, particularly concerning the area north of 34th Street, which is primarily residential mixed with commercial and tends to force parking further back into the communities. A review by City Staff will also enable determination of areas where additional parking meters might be installed. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item 11-1.1 CONSENT AGENDA ITEM # 34518 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE 140TION Items 1 a. b. and 2 a.b- ot the CONSENT AGENDA: Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None - 22 - Item 11-I.l.a. CONSENT AGENDA ITEM # 34519 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $36,612 to the Commonwealth's Attorney's Office for an additional Attorney I position to be tunded by a $28,738 Increase In estimated revenues. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $36,612 TO THE COMMONWEALTH'S 2 ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I 3 POSITION TO BE FUNDED BY A $28,738 INCREASE IN 4 EST114ATED REVENUES AND A $7,874 TPANSFER FROM 5 RESERVES FOR CONTINGENCIES 6 WHEREAS, the State Compensation Board has granted approval to the Office 7 of the Commonwealth's Attorney for an additional Attorney I position for FY1991- 8 92 to address the increased workload; 9 VHEREAS, the total net additional cost of the position including salary, 10 fringe benefits, and operating costs is $36,612; 11 VHEREAS, of the total net ad(litional costs, $28,738 will be funded by 12 additional revenues in the form of reii.,burseme--ts from the Commonwealth, and 13 $7,874 will be funded through a transfer of funds from General Fund Reserves 14 for Contingencies, representing the City's optional suppl.ement; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 16 VIRGINIA, that an additional Attorney I position granted from the State 17 Compensation Board be accepted and approved, and funds in the amount of $36,612 18 be appropriated to the FY1991-92 Operating Budget of the Commonwealtb's Attorney; 19 BE IT FURTHER ORDAINED, tliat tlie additionii Attortiey I position be funded 20 by an increase in estitnated revenues of $28,738 as Reimbursements from the 21 Commonwealth, and a transfer of $7,874 from General Fund Reserves for 22 Contingencies as the City's optional suppletnent. Fourth June 23 ADOPTED THE _ DAY OF 1991, BY THE CITY COUNCIL OF VIRGINIA 24 BEACH, VIRGINIA. 25 This ordinance shall be in effect on July 1, 1991. 26 FIRST READING: May 28, 1991 27 SECOND READING: June 4, 1991 attorney.ord/swj - 23 - Item 11-1.1-b. CONSENT AGENDA ITEM # 34520 Upon motlon by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED, upon SECOND READING: ORDINANCE TO APPROPRIATE $100,266 to the Department of Mental Health/Mental Retardation/Substance Abuse Services re substance abuse programming in the Criminal Justice System and for women and youth. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN THE AMOUNT OF @100,266 TO THE DEPARTMENT OF 3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABTJSE SERVICES 4 FOR SUBSTANCE ABUSE PROCAMMING IN THE CRIMINAL JUSTICE 5 SYSTEM AND FOR WOMEN AND YOUTH 6 WHEREAS, The State Department of Mental Health, Mental Retardation, and 7 Substance Abuse Services has notified the Virginia Beach Mental Health/Mental 8 Retardation/Substance Abuse Services Department (MH/MR/SAS) of an additional 9 allocation for the state fiscal year 1992; 10 WHEREAS, this additional allocation is $100,266 in block grant funds 11 from the federal Alcohol, Drug Abuse and Mental Health Administration to support 12 new program development and expansion; 13 WHEREAS, this program and development and expansion is targeted for 14 women who are of childbearing age, are pregnant, or have children, and for youth 15 in the juvenile justice system, and for adults in the criminal justice system; 16 WHEREAS, MH/MR/SAS has proposed to use this allocation for services 17 beginning on July 1, 1991 for women, adults in the criminal justice system, and 18 youth involved with the crituinal justice system through activities in the jail 19 and the fourth precinct; 20 WHEREAS, these funds will be used to implement the activities decribed 21 above and provide an additional 3,0 FTE's in FY 91-92; 22 WHEREAS, there is no match required by the block grant allocation 23 services and no additional city funds are required. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That the additional block grant allocation in the amount of $100,266 27 from the State Department of Mental Health, Mental Retardation, and Substance 28 Abuse Services be accepted and appropriated to the Grants Consolidated Fund for 29 FY 91-92 and that the activities described above and three full time additional 30 positions be authorized only for the duration of the grant; 31 BE IT FURTHER ORDAINED: 32 That revenue from the Commonwealth be increased by $100,266. 33 This ordinance shall be in effect from the date of its adoption, 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 35 4 day of June 1 1991. 36 First Reading May 28,1991 37 Second Readini! June 4, 1991 - 24 - Item II-I.2.a. CONSENT AGENDA ITEM # 34521 Attorney Mike Hamar, Clark and Stant, 900 One Columbus Center, Phone: 473-5321, represented the applicant. Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance appointing viewers in the petition of Herman, Inc. for the closure of an unnamed twenty foot lane, traversing Block "E", as shown upon that certain plat entitled "Replat of property owned by Definite Contract Building & Loan Association, Virginia Beach, Virginia", containing approximately 2,365.5 square feet (VIRGINIA BEACH BOROUGH). The Viewers are: David M. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE APPOINTING VIEWERS WHEREAS, Herman, Inc., a Virginia corporation, has given proper notice, in accordance with the statutes for such cases made and provided that they will on the 4th day of June, 1991, apply to the City Council of the City of Virginia Beach, Virginia for the appointment of viewers to view the below-described pro- perty and report in writing to the Council whether, in the opi- nion of said Viewers, what inconvenience, if any, would result from the discontinuance of the hereinafter described portion of that certain street, and have filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scc)tt C. Oral rt, Jr. and Dztvid M. Grochnul are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, virginia, and more par- ticularly described as follows: An unnamed twenty (20) foot lane, commencing at the northwest corner of Lot 10, Block E, as shown on tliat certain plat entitled "Re-Plat of Property of Definite Contract Building & Loan Association, virginia Beach, Virginia,', which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 10, page 84, and thence S 1914811911 E a distance of 10.00 feet, thence S 7611114111 W a distance of 117.65 feet more or less to the eastern boundary of the right of way of Pacific Avenue; thence in a northerly direction along the right of way of Pacific Avenue along a curve to the right with a radius of 129.04 feet an arc distance of 20.10 feet more or less to the southern boun- dary of the remaining portion of Lot 6, Block E, as shown on the aforesaid plat; thence N 76*1114111 E a distance of 119.42 feet more or less to the western boundary of Lot 3, Block E, as shown on the aforesaid plat; thence S 19'48119" E a distance of 10.00 feet to the point of beginning, containing approximately 2,365.5 square feet. All the above as shown upon tliat certain plat entitled Plat Showing 201 Lane to be Closed Adjacent to Lot 3, Block E and Parcel Formerly Norfolk Southerii R.R., Re-Plat of Property owned by Definite Contract Building and Loan Association and the Western 101 of Lot 4, the Remaining Portions of Lots 5, 6, 7, 8 & 9 and Lot 10, Block E, as Shown oii Plat Entitled "Property of Gus G. Opolos" for Herman, Inc., made by John E. Sirine and Asso- ciates, Ltd., which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. mbh/58014/000 o.hi.c ADOPTED: June 4, 1991 2 PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 4th day of June, 1991 at 2:00 p.m. at the City Hall of the City of Virginia Beach, the undersigned will petition the Council for the appointment of Viewers to view the below-described por- tion of the certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of same, the said portion of said street being described as follows: An unnamed twenty (20) foot lane, commencing at the northwest corner of Lot 10, Block E, as shown on that certain plat entitled "Re-Plat .:of @.Property..of.,Defi-nite- Contract.-BuildJ-ng & Loan Association, virginia Beach, virginia", which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 10, page 84, and thence S 1914811911 E a distance of 10.00 feet, thence S 7611114111 W a distance of 117.65 feet more or less to the eastern boundary of the right of way of Pacific Avenue; thence in a northerly direction along the right of way of Pacific Avenue along a curve to the right with a radius of 129.04 feet an arc distance of 20.10 feet more or less to the southern boun- dary of the remaining portion of Lot 6, Block E, as shown on the aforesaid plat; thence N 76111141" E a distance of 119.42 feet more or less to the western boundary of Lot 3, Block E, as shown on the aforesaid plat; thence S 19@48119" E a distance of 10.00 feet to the point of beginning, containing approximately 2,365.5 square feet. All of the above, as indicated upon those certain recorded plats entitled (i) "Re-Plat of Property of Definite Contract Building & Loan Association, Virginia Beach, Virginia,,, and (ii) 'Proper-ty of Gus G. Opolos" as shown on Plat Showing 201 La.ne to be Closed Adjacent to Lot 3, Block B and Parcel Formerly Nor@'olk Southern R.R., Re-Plat of Property Owned by Definite Contract Building and Loan Association and the Western 10' of Lot 4, the Remaining Portions of Lots 5, 6, 7, 8 & 9 and Lot 10, Block E, as Shown on Plat Entitled "Property of Gus G. Opolos" for Herman, Inc., made by John E.- Sirine and Associates, Ltd., dated December, 1990 and revised January 29, 1991. At any time, anyone affected may appear and present his views. After the report of the viewers is received, at the next regular.meeting..of the City Coiinril, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of unnamed twenty (20) foot lane, in the City of virginia Beach, virginia, described above. HERMAN, INC., a Virginia corporation By: 0 Col. Donald H. Clark Michael B. Hamar CLARK & STA-NT, P.C. 900 One Columbus Center Virginia Beach, Virginia 23462 (804) 499-8800 mbh/58014/000 n.hi.c 2 IN THE MATTER OF CLOSING, VACATIKG AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN, AS UNNAMED TWENTY FOOT LANE, TRAVERSING BLOCK "E", AS SHOWN UPON THAT CERTAIN PLAT ENTITLED 'REPLAT OF PROPERTY OWNED BY DEFINITE CONTRACT BUILDING & LOAN ASSOCIATION, VIRGINIA BEACH, VA.", AS SHOWN ON PLAT SHOWING 20 FOOT LANE TO BE CLOSED ADJACENT TO LOT 3, BLOCK E AND PARCEL FORMERLY NORFOLK SOUTHERN R.R., RE-PLAT OF PROPERTY OWNED BY DEFINITE CONTRACT BUILDING AND LOAN ASSOCIATION AND THE WESTERN 10' OF LOT 4, THE REMAINING PORTIONS OF LOTS 5, 6, 7, 8, 9 AND LOT 10, BLOCK E, AS SHOWN ON PLAT ENTITLED "PROPERTY OF GUS G. OPOLOS" FOR HERMAN, INC. WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, HERMAN, INC., a Virginia corporation, respectfully represents as follows: 1. That pursuant to the provisions of Secuion 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: An unnamed twenty (20) foot lane, commencing at the northwest corner of Lot 10, Block E, as shown on that certain plat entitled "Re-Plat of Property of Definite Contract Building & Loan Association, Virginia Beach, Virginia,,, which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia in Map Book 10, page 84, and thence S 1914811911 E a distance of 10.00 feet, thence S 7611114111 W a distance of 117.65 feet more or less to the eastern boundary of the right of way of Paci- fic Avenue; thence in a northerly direction along the right of way of Pacific Avenue along a curve to the right with a radius of 129.04 feet an arc distance of 20.10 feet more or less to the southern boundary of the remaining portion of Lot 6, Block E, as shown on the aforesaid plat; thence N 76'111411' E a - 1 - distance of 119.42 feet more or less to the western boundary of Lot 3, Block E, as shown on the aforesaid plat; thence S 19'4811911 E a distance of 10.00 feet to the point of beginning, containing approximately 2,365.6 square feet. Said parcel of land being a portion of the unnamed twenty (20) foot lane traversing Block "El, as indicated on those certain recorded plats entitled (i) "Re-Plat of Property owned by Definite Contract', and (ii) 'Property of Gus G. Opolos" as shown on Plat Showing 201 Lane to be Closed Adjacent to Lot 3, Block E and Parcel Formerly Norfolk Southern R.R. , Re-Plat of Property Owned by Definite ContraCt Building and Loan Association and the western 10, of LOt 4, the Remaining Portions of Lots 5, 6, 7, 8 & 9 and Lot 10, Block E, as shown on Plat Entitled "Property of Gus G. Opolos" for Herman, Inc., made by John E. Sirine and Asso- ciates Ltd., which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the afore- described street. 2. That by Deed of Exchange dated october 28, 1971, recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia in Deed Book 1303, page 72, a copy of which is attached hereto as Exhibit A, the City of virginia Beach granted and conveyed to Petitioner's predecessor in title all of its right, title and interest in and to this portion of said street; and that no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said - 2 - street; and the . Petition prays that this Honorable Council appo.int viewers as provided by law tC) view said platted street proposed to be closed and to report in writing to the Council on or before the 2nd day of July, 1991, as to whether in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 7th day of may, 1991, and on the 14th day of May, 1991, notice of the presenting of this application was published in the Virginian Pilot, a newspaper of general cir- culation in the City of virginia Beach, Virginia. 4. That the fee s-imple owner of the land along the south and north portions of the platted twenty (20) foot lane is your Petitioner herein, Herman, Inc. Respectfully submitted, HERMAN, INC., a Virginia corporation By: of Counsel Donald H. Clark Michael B. Hamar CLARK & STANT, P.C. 900 One Columbus Center virginia Beach, virginia 23462 (804) 499-8800 mbh/58014/000 p.hi.c 3 13785 DOOK1303 PAGE 72 THOMAS C. KYRUS, ANTHONY SANCILIO, LARASAN REALTY CORPORATION nd T. ROSS KAZAKIS, C.-P.rtners. T/A DENARO ASSOCIATES DEED OF EXCHANGE TO and FROM THE CITY OF VIRGINIA BEACH. A M.nicipal Corporation of the Co-o-.alth of Virginia THIS DEED OF EXCHANGE, Made this :?f,, day of October, 1971, by and between THOMAS C. MUS, ANTHONY SANCILIO, LARASAN REALTY CORPORATION and T. ROSS KAZAKIS, Co-partn.rs, trading as DEMARO ASSOCIATES, a partnership Organized and existing u.d., the la.8 Of the State of Virginia, with its partnership certifi.ste duly of record in the Clerk', offi,, of the Circuit Court of the City of virginia Beach, Virginia, parties of the first p.rt, and the City of Virginia Beach, a Municipal Corpor.ti.n of the Co-onealth of Virginia, party of the second part. W I T N E S S E T H: That for and in consideration of the a.m of $1,00 cash in hand paid by each of the parties of the first and second part to the other, the receipt of which is hereby acknowledged, and in consideration of the utual conveyances herein a.t forth, and other v.luable consideration, the parties of the first and second part do grant and convey one to the other the parcels of land herein.fter set forth as follwa: The party of the first part does grant and convey unto the said City of Virginia Beach, party of the second prt, all of its right, title and intereat in and to the following described property: ill those certain lots, piec.o or parcels of land, lyi.g situate and aing p-@tly in the Ly..h8ven ..d partly in i h n b the Virgin B -h Boro.g s of the City of Virgi i. Beach, - ed:s@rib.d with reference-to plat hereto P? Virgi.ia, and ttached .@d ince.d@d to b. @.cord.d her.with in the Clerk's Office of th. Circuit Court of the City of Virginia BeachIVirgini., and entitied '"Pl8t Showing Str..t D.dic.ti.n to City of Virgini- B..ch, Virginia, 1303 FACE 73 From Denaro Associates, Virginia B.ach B.ro.gh, E.gineering Divisio., D.part..nt of Co-.nity Ser@i... City o' Virgini,,OjBe.@h. Virgini., Scale- 1" - 50': D.. : /,/@ , ect No.: 750-67-003- RD50l," as .11 f that property lying g.nerally South and West of a lin. which co-nces at . point on the westerly line of the right-of-way of Atl.ntic Aen.e, hich point lies South 13 d.grees 48 Jnute, 19 se.o.d. E.st 84.60 feet di st.nc. fr.m a point t the inters.ctio. of @h.t w.s the s..ther. lin. of Se.ond (2nd) Street with th, @este,l, line of Atl@nlic Av.n.e, and fro. s.id p.int of b.gin@ing run.ing th..ce along the rc of a c.rv. to the ri@ht, the radius f which is 50.00 feet, n arc distanc-e of 130.20 feet to a point; th.nce North 44 d.grees 36 inutes 34 s.conds West 309.06 feet to a point; then.e along th. arc ofI c.rv. to the right, the radi.s of which is 129i04 f..t, an arc dist-nce f 166.75 fee t to -p. nt, thence North 29 d.gre.s, 25 in.tes 41sec.nds E.st 69.03 f.et co a p.int .. the s.@therly line of Third (3rd) stre.t @h.r@ the @@e inle ... ct, the e-.terly line of Vi@gi.ia St-te Ro.te 671. Th. foregoing d.scription being intended t. incl.de, witho.t I @t tion 11 right and titl. and interest of the pa@ty of the first p.rt in nd t. the property acquired by d.ed of 1955 C.rporati.n, d.t@d M.rch 7, I e 969, and int.nded to be @eco@ded in th, Cl k', Office afore..id'which lies gen.rally So-.th a,d West of th. abo@e described line. The party of the second part does grant and convey unto the said Tho..s C. Kyrus, Anth..y Sa.cili., Laras-n Re.Ity Corporation and T. R.sa Ka.akis, Go-partn.r., tr.ding -6 Denaro Associates, party of th. firsc part, all of its right, title and interest in and to the follo.ing described property: All thos. certain l.ts, pi.ces or parcels of land, lying, it.ate and being p.rtly in th. Lynnh.ven and ly in the Vir@Ini.,B..ch B.ro.phs of the City of por, r, i.,. Vr v gin a, nd d..cribed with r.ference to the afor.said pl.t h.reto att.ched and inte.ded to be recorded h@@@.ith i. th. Clerk's Office of the Circ.it Co.rt of the City f Vi.gi.i- B.Och, Virginia, and ntitled, "Plat Sho.i.g Str..c Dedication t. City of Virgini. Be.@h, Virgini., Fro. D.n.@o Associ.tes, Virgini. B..Ch B.ro.gh, Engineering Division, D@part- ent of Co-.nity Servic.s. Ci of Vir lnl -Beach. - - I01, D.'y j ect Virgini., Sc.l.: I te: ;r No. 750-67-003-RD50@," @a all Of that property lying generally North a.d East of ali.. which co-.nces 8t a point on the w..t.rly li.. of th. right-of-way .f Atlantic Av.n.e, which point li.6 So.th 13 dezr-ees 48 minut.s 19 ..cond. Ea.t 84.60 f@et dist.nc. fr-om a tool 1303 FACE 74 point at the intersection of what was the southern line of Second (2nd) Street @ith the @esterly lin. of Atlantic Aven.., and fro. a.id p.int of b@ginning running thenc. aloni the arc of a curve to.th: right, th. radius of what a 50 f.et, an arc di at nc of 130.20 feet to a point; thence North 44 d.grees 36 minutes 34 seconds West 309.06 feet to a point; thence along the arc of a curve to the right, the radi.9 of hich is 129.04 feet, a.a@c ditance of 166.75 feet to a point; thence North 29 degree. 25 inutes 41 seco.ds East 69.03 f.et to a point on th. southerly line of Third (3rd) Stre.t here the sa.e intersects the easterly line of Virginia State R..te 671. The for.going description bei.g intend.d to include, witho.c li.itation, .11 right, title -nd int.rest of the party of the second p.rt in and to the pr.perty f.r-rly Second (2nd) St@eet which w.s @-cated and closed by action of the City Co.ncil of th. City of Virginia Bech on J.ne 24, 1968; together with .11 right, title and intereat of the party of the second pa@t in and to that certain triangul r piec of prop.rty conveyed I e by Definite C.ntr.ct Building nd Lo.n Associ.tio. to Co.nty of Princess Anne by deed d.ted July 9, 1935, and record.d in the aforesaid Clerk's Office in Deed Book 180 at Page 162, and shown on ..p recarded there- with in A p Book 10 t P.ge 55; together with .11 a I right, @itle and interest of the party of the second y art i. and to all aile a nd rights @f way ow or formrly existing-, a.d together with all right, title and interest of the p.rty of the second part in and to th.t portion of property design.ted -S Lot 7, Block E, on th' t c.rtain plat entitied "Re-plat of property Oned by Definite Cont@..t B.ilding nd Lo.n Associa- tion, Virginia Beach Virgini.,-- ricorded i. aid Clerk's Off ie in Map Book 16, t P@ge 84 (@.id property being des ted Ds Lot 12, El.ck E on "Plat of prop.rty of VirigTni. Be.ch H.Idi.g.Corp., Prince. Anne Go., Va.," recorded in ..id Clerk's Offi.. i. Ma$@ Bo.k 7, at page 173), bei.g a p.@ti.. of th. pr.perty conveyed to the 5' City of Virgini- Be.ch, Vi@i.in, by de.d of th:,Virginis q'7'7 B..ch Er.sion Co-ission dated A.g.st 15, 1970, nd i.te@d.d to be recordedfconte.por..@..sly here.th in th. for.said Cle@k's 0 fice; .11 .3 iis ge.e@ally North and East of the above describ.d li... IN WITNESS WHEREOF, the party of the first p.rt has caused this deed to be exec.ted in its ne- a.d beh.lf by its co-partners under seal, a.d the party of the second p-rt, pure.ant to due a.thorization f its City Council given on June 24, 1968, has caused this deed to be executed in its nD.e and behalf by its City Man.ger nd ita se.1 to be here.nto affixed ..d attested by the Clerk of the City Council, .11 s of th. day, month nd year first herein.bove itten: Boo, 1303 rAcE 75 DE',4ARO ASSOCIATES (SEAL) r -(SEAL) r LARASAN RE,%LTY CCRPORATIO.1; (SEAL) (SEAL) APPROVED AS TO FOP,'A CITY OF VIRGI','I.A ;3EACIi, VIRGINIA DEPARTMENT Of'LA'@ ATTEST: (ity a. a N'ot.ry P.bli@ in and for th@ .ertify th-t Th.-s C. Kyr.s, Anthony S..cilio, a a . @Re. tY Co@poratio. a@d T. Ross l(az.kis, Co-p.rtn@rs, t/. D@n r @--i-tes, @h.s@ n-.s, a@. sign.d to th. for.going @ritin . i@g d.t. on th@, day.of Ccrole, 1971, v. this d@y @@k@@@ the -c --@.re e in y@ty and St te afor.said. GIVEN und.r my hand this ay f 197@ 14Y Co-ission expires: A@llh 25, 1303 76 STAT-1 OF VIRCINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary P.blic in and for the City of Virginia Bea,h, in th- State of Virgi@i., whose co-ission expir.s on the By of 19Zi, do hereby certify t'ist Ceorge L. Henbury, As.ist,@t Ci y@-On-ger and Richard J. Webbon, City Clerk, r@Bp@ctive.1y, of the City f Vir,ili- Be.ch, @h.se no.es as such are signed to the foregoi.g deed b-ari.g d.te on the !-y of October, 1971, have ackn..ledged the sa.e before e, in the Cicy a.d State aforesaid. GIVEN under y h.nd thia .26 @ay of 1972. C- v. CLARK 8 STANT, P. C. DAVID F[. ADAM@ 5@MUEI@ M. KROLL 10 ANN BLAIR-DAVIS ATTOPNEYS AND COUNSELORS AT LAW ROBEKT C. E. LANEY LI\WRENCE H. BR)ANT 1.11 I.VRA. BA@K BUILDI@@ ROBERT M. REED NIICHLLLE P. BURCHETT ROBERT L. SAMUEL, JR. 5TEPHEN W. BURKE C. CRIGSBY 5CIFRES DONALT) H. CLARK VIRGINIA BEACII, VIRGINIA 23462. THOMAS E. SNYDEP. CLIFFORr) A. COPPOL@ FREDERICK T. 5TANT, M IOSEPH A. D@ lt)LIO - CAROL E. SUM&LERS LAWRENCE A. DU@N T@l@PHO@ll: ...... 5TE PHEN C. SWAIN ROBEP,I- 1. EVELI.ICH STEPFIEN C. TEST THOMAS R. FP-ANI-,'. TI IIC.P,Ell: S. GEOFFREY CLICK DIRE@ IIAL NUM.',. DONNA 1. HALL NilCAiAEL B. HANIAR CERTIFICATE OF VESTING OF TITLE FKEDERICK T@ 5TANT, IR. ERIC A. HAUSER T@iOMAS B. KELL) I, Michael B. Hamar , attorney for Herman, Inc., a Virginia corporation, do hereby certify that; 1. I am an attorney at law and represent Herman, Inc., a Virginia corporation, the Petitioner, 2. if the property described below is discontinued, closed and vacated by the Council of the City of virginia Beach, virginia, then title to said property will vest in Iierman, Inc., the adjacent landowner and assignee of This and That, Ltd., a Virginia corporation, and Barbara E. Keiss, et vir, the adjacent property owner and the holder of a portion of the underlying fee in said property, respectively; in fee simple ownership. The said property referred to herein is hereby described as follows: An unnamed twenty (20) foot lane, commencing at the northwest corner of Lot 10, Block E, as shown on that certain plat entitled "Re-Plat of Property of Definite ContraCt Building & Loan Association, Virginia Beach, Virginia", which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in map Book 10, page 84, and thence S 19'4811911 E a distance of 10.00 feet, thence S 7611114111 W a distance of 117.65 feet more or less to the eastern boundary of the right of way of Pacific Avenue; thence in a northerly direction along the right of way of Pacific Avenue along a curve to the right with a radius of 129.04 feet an arc distance of 20.10 feet more or less to the southern boun- dary of the remaining portion of Lot 6, Block E, as shown on the aforesaid plat; thence N 7611114111 E a distance of 119.42 feet more or less to the western boundary of Lot 3, Block E, as shown on the aforesaid plat; thence S 19'4811911 E a distance of 10.00 feet to the point of beginning, containing approximately 2,365.5 square feet. Michael B-. Hae6r, for Herman, Inc. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS UNNAMED TWENTY (20) FOOT LANE TRAVERSING A PORTION OF BLOCK "E", LOCATED IN THE VIRGINIA BEACH BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RE-PLAT OF PROPERTY OF DEFINITE CONTRACT BUILDING & LOAN ASSOCIATION, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 10 AT PAGE 84, AND THAT CERTAIN PLAT ENTITLED "PROPERTY OF GUS OPOLOS" WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 45 AT PAGE 54. WHEREAS, it appearing by affidavit that proper notice has been given by Herman, Inc. , a Virginia corporation; that it would make application to the Council of the City of Virginia Beach, Virginia, on June 4, 1991, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, virginia, that the hereinafter described street be discon- tinued, closed and vacated: GPIN: 2427-21-9939-0000 An unnamed twenty (20) foot lane, commencing at the northwest corner of Lot 10, Block E, as shown on that certain plat entitled "Re-Plat of Property of Definite Contract Building & Loan Association, virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia in Map Book 10, page 84, and thence S 19*48'191' E a distance of 10.00 feet, thence S 7611114111 W a distance of 117.65 feet more or less to the eastern boundary of the right of way of Pacific Avenue; thence in a northerly direction along the right of way of Pacific Avenue along a curve to the right with a radius of 129.04 feet an arc distance of 20.10 feet more or less to the southern boun- dary of the remaining portion of Lot 6, Block E, as shown on the aforesaid plat; thence N 7611114111 E a distance of 119.42 feet more or less to the western boundary of Lot 3, Block E, as shown on the aforesaid plat; thence S 1914811911 E a distance of 10.00 feet to the point of beginning, containing approximately 2,365.5 square feet. Said parcel of land being designated as 201 Lane to be Closed, as indicated on that certain plat of property to be vacated made by John E. Sirine and ASsociates, Ltd. for Herman, Inc., which plat entitled Plat Showing 20' Lane to be Closed Adjacent to Lot 3, Block E and Parcel Formerly Norfolk Southern R.R., Re-Plat of Property owned by Definite Contract Building and Loan Association and the western 10, of Lot 4, the Remaining Por- tions of Lots 5, 6, 7, 8 & 9, and Lot 10, Block E, as Shown on Plat Entitled "Property of Gus G. opolos" for Herman, Inc., is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia upon adoption of this ordinance, and which is made a part hereof by reference. 2 SECTION II A certified copy of this ordinance shall be filed in the office of the Circuit Court of the City of virginia Beach. indexed in the name of the City of virginia Beach, as grantor. mbh/58014/000 on.hi.c 3 0 b QUITCLAIM DEED THIS QUITCLAIM DEED, made this 28th day of October, 1988, by and between BARBARA E. KEISS and IVILLIA@I A. T<EISS, JR., her husband, first Parties, and HERMAN, INC., a Virginia corporption, second party, whose address is 1st Street and Atlanti,@ Avenue, Virginia Beach, Virginia 23451. W I T N E S S E S: That for and in consideration of the sum of Ten Dollars ($10-00) and other good and valuable consideration, the receipt of which is hereby acknowl.edged, 'he said first parties do hereby remise, r?lease and forever quitclaim to thL- S,'.cond party, its :,uccessors and ass.igns forever, all of the first parties' right, title, interest and claims upon the following described property. All thos(- certain lots, pieces or parc,@1.3 of land, with the buildings and improvernents thereon and appurtenances thereunto bel(@nging, lying, situate and being in the City OE Virginia Beach, Virginia, being k-nown, nuni- berF,d ind ciesignatc,,d Is tha West 10 feet of Lot 4, and Lots 5 through 9, inclusive, Block E, together with all of that portion of the @4orfolk Soutliern Railroad right of way, beit)g sixty (60) feet in width, lying between tile southern line of 3rd Street and the northet.-n linp of 2nd Streot, as shown on that @@-?rtain plat entitled "Re-Plat of Property Owned by Definite Contract Building atid Loan .Nsso- ,--iation, Virginia Va.", Srale 1'1=1001, imade August 1, 1936, which plat is dlity recorded in the Clerk's Office of tlie Circuit CLARK k STAN I, P(: Court of the City of Virginia Beach, Virgiiii.a in liap Book 10, at p@ige 34. I t being part of I:Iie oropect%, tliat ,iesc,-nded to Bacbara E. Keiss, formert@, Bar- "G Ll 5,"ira Earl by devise under the L.-ast li4ill Testament of Gladys S. Earl dit(@d Noveml),--r 11, 1965, and recorded in the aforesaid Clerk's Office ill @llill Book 46, at pag(-, 398. The. above Property is conveyed subject to tile ron- ditions, restrictions, reservations and easeinents if -iny, cluly oE record affecting the afor,@said loroperty and constituting constructive notice. WITNESS the following signatures and se,-@ils: lqilliam STATE OF COUNTY OF IL to-wit: Tlie foregping quitclajm deed was @@clnowlL@dg(-(i -beEor'. me this @(-,@day of 1 19819 by Barbara E. Keiss -..nd @iilli m@A. Keiss, [Notary Seal) My Commission Expires: mbh y qd.bek.c VIRGIVIA l@ tbe Cle,k'5 Ollice o/ tbe ci,c.it C..,f oi V@,g,n,a Beacb . . .... w@ ece,@ed a@ uoon e 01 ................. 19 ...... ..... IS"@ ...... :3 this i.sirume, be Coie, c@ltilicate -t acknowledgment the,,t, ,n,@,d. d@iiied to ec,,d. "Tbe t.x :@p.sei by SS,i,@. 1- 2 has been pa,d, in ibe amount oi J....................................... . TESTP J. CURTIS FRUIT, Cl,,k (A.ARK SrANr. 11 b 4 q 4 4 8 EXEMPTION CLAIMED: See Exhibit A attached hereto. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this 3d@ aay of 1990, by and between THIS & THAT, LTD. I a Virginia corporation ("Grantor"), and HERMAN, INC., a Virginia corporation ("Grantee"), whose address is c/o The Lighthouse, 1st Street and Atlantic Avenue, Virginia Beach, Virginia 23451. W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty, except as noted below, to the Grantee the following desc.ribed property (the "Property"), to-wit; All that certain lot, piece or parcel of land with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, more particularly described as follows: Commencing at a point on the south side of Third Street as shown on the plat entitied "Replat of Property owned by Definite Contract Building and Loan Associ-ation, virginia Beach, Virginia" dated August 1, 1 9 3 6and duly recorded in the Clerk's Office of the Circuit Court of the City of virginia Beach, Virginia in map Book 10, at page 84 (the "Resubdivision Plat"), which point is lo feet east of the dividing line between Lots 4 and 5 on said plat; thence in a southerly direction at right angles to Third Street a distance Of 140 feet to the POINT OF BEGINNING; thence continuing in said southerly direction at right angles to Third Street a distance of lo feet to a point; thence in an easterly direction and parallel with Third Street a distance of 40 feet to a GPIN 2427 21 99390000 q ii I PG I 1 4 q point at the center of Block E as shown on the aforesaid plat; thence in a northerly direc- tion and at right angles to Third Street a distance of lo feet; thence in a westerly direction and parallel to Third Street a distance Of 40 feet to the point of beginning. Together with all of the Grantor's right, title and interest in, to and under (1) the 20 feet alley traversing a portion of the center of the west half of Block E (including without limitation any rights hereafter arising from the closure or discontinuance of said 20 foot alley as a public or private street or accessway), as shown on the Resubdivision Plat, (2) that certain easement dedicated by Gladys S. Earl and Paul D. Earl, her husband, by deed dated August 20, 1952, and recorded in the aforesaid Clerk's Office in Deed Book 310, at page 107, over and across a 20 foot strip of land running east and west in the center of said Block E across the Norfolk Southern Railroad right of way as shown on sa-id Resub- division Plat, and lying between the prolonga- tion of the northern line and southern line of the alley shown on said plat, said easement being for the use of the adjacent owners in said Block E, and (3) that certain 20 foot alley traversing the center of Block E, as shown on that certain plat entitled "Plat of Property of Virginia Beach Holding Corp., Princess Anne Co., Va.", made July, 1925, which plat is duly recorded in the aforesaid Clerk's Office in Map Book 7, at page 173. It being the intent of the Grantor to convey to the Grantee all of the Grantor's right, title and interest of any nature in the west one half (1/2) of Block E, as shown on the above said Resubdivision Plat, save and except the north 140 feet of the east 40 feet of Lot 4, Block E, and expressly described by metes and bounds description in that certain deed of Marguerite R. Tugman, widow, dated march 30, 1983, and recorded in the aforesaid Clerk's Office in Deed Book 2253, at page 485. 2 1 5 0 .The Grantor covenants to execute such further assurances of the property and rights conveyed herein as may be necessary to confirm and ratify the conveyance made hereby, including without limitation, any further assurance , shall be necessary to convey any rights arising from the closure Or discontinuance of th6 20 foot alley as a public or private street or accessway. The Property is conveyed subject to , @e conditions, restrictions, reservations and easements of record (except as expressly released hereby) if any, affecting the Property and constituting constructive notice. WITNESS the following signature thereto duly authorized: =S.& THAT, LTD., a virginia cor-poration By @lil@ Titl6- COMMONWEALTH OF VIRGINIA CITY OF to-wit: The foregoing deed was acknowledged before me this day of 1990 by as of This & That, c said cor- P( Notary Publ My Commission Expires: I C) mbh/58014/000 swd.tt.c 3 2 q 4 1 PG I 1 5 1 EXHIBIT A EXEMPTION CLAIMED: Section 58.1 - This is a Deed of Confirmation which arises out of the settlement of that certain suit styled This & That, Ltd., v. Herman, Inc., d/b/a The Liqhthouse Restaurant, CH #87-2948. The Grantee maintained that it owned the real property described in the instrument attached hereto and the purpose of the instrument attached hereto is to confirm that fee simple title to the property described in the instru- ment attached hereto is vested in the Grantee. A lease between the Grantor, as tenant, and the Grantee, as landlord, constitutes additional consideration but which lease does not provide for rent to be paid by the Grantor to the Grantee. VIRGI,41 In ibe Cle,k's Ollice o/ tbe Ci'c-11 Coull -1 Vi,g@n@a Beacb .. ..... d.y of 19 ai ,,t,@ent was eceived and upon b .......... ......... ce,iiii eb-exo a"e.ed. -dmilled to ,@ecod. "Tbe tax mposed bv SS38. ]-So,, i b, C.d@ y as been paid. in tbe amount ol S........................ . .... ..... . u TESTE, J. CURTIS FRUIT, Cl@,k By D, C. AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Michael B. Hamar , attorney for Herman, Inc., a Virginia corporation, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Herman, Inc. 2. That on the 7th day of May, 1991 and on the 14th day of may, 1991, notice of the presenting of the application to close a portion of that certain street known as unnamed twenty (20) foot lane traversing Block "E", Re-Plat of Property of Defi- nite ContraCt BUilding & Loan Association, situate in the Virgi- nia Beach Borough of the City of Virginia Beach, Virginia, on behalf of Herman, Inc., was published in the Virginian Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. @@ ('@ v@ @ I/ @"It- Michaei B. Hamar Subscribed and sworn to before me this @3 day of 1991. Notary Public My Commission Expires: mbh/58014/000 aff.hi.i THE VIRGINIAN-PILOT -ATEMENT NO. i@A.. L@NVOICE D 1 20 1 1 05/16/91 IBILLED ACCT# AD NUMBEFT 050562002 56290040 BILLED ACCOUNT CLARK & STANT, P.C. ONE COLUMBUS CENTER 900 SOVRAN BANK BLDG. VIRGINIA BEACH, VA 23462 DITION DESCRIPTION SIZE GROSS AMT. FVP STR. CLOSING 2 X 0049 210.70 FVP STR. CLOSING 2 X 0049 210.70 @h .@. SIVA'19"E . di,l.., I.'t 1. th, @.l@t ol All of th. M.1 ... Ih.s@ .@.,dW th. @@titio 1). "RiPi. f P C.. w Mfl@l C.. .C@ B@ild-1, vi. Vi, .c, th. @.,t. ,t, th. Clt, C- @ll .1.1. M tt S,.@,@@ DL- 0 @ C'O- Vi@ O." i .... I E @d @o. N@,,.@, R.R., @1.1 of P,o@.,t, U ..C. of ..., d A@ @@@..,d 0) fo' -,t E W @P..It, of Dlfi@lt@ 0. ldi.. & @. A,-! .tio' vil.1 1. B. h VIII.I., .hich .C, @@d th@ O' Cl.lk'l Ollic. @f th, Cl,@Ult C ... I of th. Cit, W vi.i@i. B.Ch, V[,. .1@l. 1. M.@ 8-k 10, @d th..@. S IVQ'lr, di@ i 10.00 f..t, th..- S 76-II'll"W dl,t..@. of 11 7.M f.t @o'. I., t. Ih, w t...d.,, f th. I.hl W .., ofI V.@.I. cl.. . P.cill@ Av..@.; th..@. l@ .@.@ll... th.t f u.@, .0@,l, di,.cti. .1.@ th. I.hi 1-t l@ th. d -1 f P.,Ifi, A@@.. I... .W Vl,.@.111.) vl,.I.I, c@,@@ to th. I.hl .1t@ . .di@, 0.,I@d .@.. 129.N I.t .,c dlt..c. f 20.10 HERMAN, INC., @@d... of Ih. .1. C.@,.r ti.@ of L@t 6, 61-k E, Ih-@ D.@.id H. Cl.lk ,h. .1.1 ... ld MI@@..l S. H..., 76-1 " E f 119.4 CLARK & STA.T, P.C. (.1 @.. ., l@@, 1. tN M O@. CW.@b@, C.@l., @W... of Lt 3. Bi-k E, ., Vi.i@l. S.@h, Vl,.I.I. 21 h..@ o. th. f ... .[d lot; (M) 4"@M 1 1 - I I I i State of Virginia to-.it: AFFIDAVIT City of Norfolk This day Sharon White personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at STR. CLOSING has been Published in said newspaper during the following dates: 05/07/91 05/24/91 Affiant Subscribed and sworn to before me in my city and state af 16TH day of MAY 199 1 @i d@2 s My commission expires APRIL 30TH, 1994 L Notary Public - 25 - Item 11-1.2.b- CONSENT AGENDA ITEM # 34522 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance appointing viewers in the petition ot Hilda W. Archbell for the closure of a portion of Arctic Avenue situated In "Shore Acres" along the southern right-of-way ot Winston Salem Avenue, containing 0.0861 acres (VIRGINIA BEACH BOROUGH). The Viewers are: David M. Grochmat Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE APPOINTING VIEWERS WHEREAS, Hilda W. Archbell has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 4-1,11, day of 1 1991, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such appl-'Ication with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott C. Oral Lambert, Jr. and David M. Grochmal are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a pin recovered in the Southern right-of-way of Winston Salem Avenue, said pin being at the Intersection with the Western right-of-way line of Arctic Avenue, thence 14 82 degrees 45'00" E along the Southern riglit-of-way of Winston Salem Avenue, a distance I I of 25.00' to a pin; thence with the Western line of a portion of Arctic Avenue (previously closed by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 150.00' to a pin; thence along the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.001 to a pin; thence N 07 degrees 15'00" W a distance of 150.00' to the point of beginning. The aforedescribed parcel lies within the Virginia Beach borough of the City of Virginia Beach, and contains 0.0861 acres. All the above as shown upon that certain plat entitled, "Exhibit Showing A Portion of Arctic Avenue To Be Abandoned-Located in Shore Acres, Virginia Beach Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. ADOPTED: June 4, 1991 2 NOTICE PLEASE TAKE NOTICE, that a-, the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 4th day of June 1991, at 2 :00 p.m., at the City Ilall of tlie City of Virginia'Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to ',-he C'Ity Coililcil whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacatiiig closing and discontinuance of same, the said port@-on of said street being described as follovis: Beginning at a pin recovered in the Southern right-of-way of W4-nston Salem Avenue, said pin being at the intersection witli the Western right-of-way line of Arctic Avenue, thence N 82 degrees 45'00" E along tlie Southern right-of-way of Winston Salem Avenue, a distance of 25.00' to a pin; thence with the Western line of a portion of Arctic Avenue (previously closed by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 150.00' to a pin; thence along the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.00' to a pin; thence N 07 degrees 15'00" W a distance of 150.00' to the point of beginning. The aforedescribed parcel lies within the Virginia Beach borough of the City of Virginia Beach, and contains 0.0861 acres. All the above, as shown upon that certain plat entitled "E,-.hibit Showing A Portion of Arctic Avenue To Be Abandoned-Located in Shore Acres, Virginia Beach Borough, Virginia Beacli, Virginia", made by W. Page Cockrell, Land Surveyor, 4534 Bonney Road, Suite C, Virginia Beach, Virginia, AAMES & BYRUM, P.C. @l..I.IA dated April 29, 1991. At that time, anyone affected may appear and present his views. After the report of tlie Viewers is received, at the next regular ineeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Arctic Avenue in the City of Virginia Beach, Virginia, described above. HILDA W. ARCHBELL BY C ' @@ Of Counsell Robert G. Byrum, Esquire SliAMES & BYRUM, P.C. 2145 Old Greenbrier Road Chesapealze, VA 23320 (804) 420-9653 & BYRUM, P.C. VIRGINIA 2 IN THE MATTER OF CLOSTNG, VACATING AND DISCONTINUING A PORTION OF TIIAT CERTA-IN STREET, KNOWN AS ARCTIC AVENUE, AS SHOWN UPON THAT CERTAIN PLAT E14TITLED, "EXHIBIT SIIOWING A PORTION OF ARCTIC AVENUE TO BE ABANDONED-LOCATED IN SHORE ACRES, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED liERETO. PETITION TO: THE @IAYOR AND THE MEMBERS OF TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Hilda W. Archbell, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of -,he 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Beginning at a pin recovered in the Southern right-of-way of Winston Salem Avenue, said pin being at tlie Intersection with the Western riglit-of-way line of Arctic Avenue, thence N 82 degrees 45'00" E along the Southern right-of-way of Winston Salem Avenue, a distance of 25.00' to a pin; thence with the Western line of a portion of Arctic Avenue (previously closed by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 150.00' to a pin; thence along the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.00' to a pin; thence N 07 degrees 15'00" W a distance of 150.00' to the point of beginning. The aforedescribed parcel lies within the Virginia Beach borough of the City of Virginia Beach, and contains 0.0861 acres. SHAMES & BYRUM, P.C. ..E.Al@..., @.RGI.I. Said parcel of land being a portion of Arctic Avenue, as indicated on that certain plat entitled, "Exhibit Showing A Portion of Arctic Avenue To Be Abandoned-Located in Shore Acres, Virginia Beach Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with tlie Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason said closing, vacation, and discontinuance o@@ said street; and the Petitioner prays that this flonorable Council appoint viewers as provided by law to view said platted proposed to be closed and to report writing to the Council on or before the day of 1 1991, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the day of 1991, and on the day of 1991, notice of the presenting of this applica-@ion was published in the Beacon, a newspaper of qeneral circulation in tlie City of Virginia Beach, Virginia. 4. That the fee simpl.e owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioner herei.n, Hilda W. Archbell, and F. Wayne McLeskey, 2859 Virginia Beach Boulevard, Virginia Beach, Virginia SHAMES & BYRUM, P.C. 2 3 4 5 2 C.E.AP@A.E, VIRGINI@ 2 Respectfully submitted, HILDA W. ARCHBELL BY- @ 61 Of Couns@ Robert G. Byrum, Esquire SHAMES & BYRUM, P.C. 2145 old Greenbrier Road Chesapeake, VA 23320 (804) 420-9653 SHAMES & BYRUM, @.C. C.@.Al@..@, VI.Gl..A 3 IBILLED ACCT@AD NUMBER 031291002 58290370 BILLED ACCOUNT SHAMES & BYRUM, P.C- 2145 OLD GREENBRIER RD. CHESAPEAKE VA 23320 ISSUE FT)ITION DE@CRIPTION SIZE GROSS AMT. - 05/12/91 BEA STR.CLOSING 2X 0039 81.12 05/19/91 BEA STR.CLOSING 2X 0039 81.12 State of Virginia t.-Wit: AFFIDAVIT City of Norfolk This day Sharon White personally appeared before me and after being duly sworn made oath that (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at STR.CLOSING has been published in said newspaper during the following dates: 05/12/91 05/19/91 Affiant Subscribed and sworn to before me in my city and sta s 20TH day of MAY 1991 My commission expires APRIL 30TH, 1994 Notary Public Le(iols 2 Legals LegOls 2Legals .OTICE f 15. 11@, inl .1 PL @e,@ .. l@Illi@@d @OTIIE .1 t. @, in, .1 "@ T h: Ih . @e Vi,.i@i. ILE@E T@ll IT @E, 11.1 .1 b e,,,! ,n i ll.fvil- T !h @n Ih@ Vil@i@i. @i@ @i@i. @nd .ntoin, O@@ll !'h: C @f 'h@ Cill f Vi, j@, .1 i@i@, @@d ... h, I I c, Cit "'t j@, h-. dh b i,,e,I All th e B@.,t @e,t@i@ @ .1 @,@Illi.d "E.libit u 'how'AP. ".n "'c A@. C.@ nu. T. Abndn L.C.'.d nd@ h.,i,@ A ", (.n f .,clfc A@. vi@ r@@, n..ch .0 C@ T. S. Ab.nd.n.d L.@.t@d in ,@,n. un h A""' V.....h.... .. .. . ....... ,c db, 'v@ .d "'i. V @u".V...... .. c@ ..... -'d@bp.. c@l." 'o.@d Vi, n Vi-, ci@ '.n, C Of" hi@ C.11@, A, tht n.n- @"@c.@ .1 @d @.,@n t ", B,@ .1 th@ i@ S! @l.n lic A, f... .@i@ Ih@@c ci VA l@@ 0 B. t 25.0 1109,@ AFFIDAVIT STATE OF VIRG!NIA CITY OF CHESAPEAKE, to-will: 1, Robert G. Byrum, attorney for Ililda W. Archbell, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent ifilda W. Archbell. 2. That on the 12th day of May 1991, and on the 19th day of May 1 1.991, notice of the presenting of the application to close a portion of that certain street known as Arctic Avenue on behalf of Hilda W. Archbell, was published in the Beacon, a newspaper of general circulation in tlie City of Virginia Beacli, Virginia. And further the deponent saith not. PAC@ Robert G.'Byrum Subscribed and sworn to before me this S,4 I-) day of M(A,l 1991. Notary P my commission expires: Cizi 5HAMES & BYRUM, P.C. S@6 s & Bvrum, PC. 'ROBERT G. BYRUM 2145 OLD GREENBRIER ROAD STEVEN P SHAMES CHESAPEAKE, VIRGINIA 23320-2694 TELEPHONE@ (804) 420-9653 THOMAS E. BYRUM FAX: (804) 424-9259 'Al@. d@M.d i@ NC. CERTIFICATE OF VESTING OF TITLE I, Robert G. Byrum, attorney for Hilda W. Archbell, do hereby certify that: 1. I am an attorney at law and represent Hilda W. Archbell, the petitioner. 2. If the property described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia then title to said property will vest in Hilda W. Archbell, that a portion of Arctic Avenue, that is the other one-lialf of the original street has been previously closed by City Ordinance March 22, 1976 and title was vest in F. 1-@ayne McLeskey wlio is now the adjacent landowner as a result of said closure. The said property referred to lierein is hereby described as follows: Beginning at a pin recovered in the Southern right-of-way of Winston Salem Avenue, said pin being at the intersection with the Western right-of-way line of Arctic Avenue, thence N 82 degrees 45'00" E along the Southern riglit-of-way of Winston Salem Avenue, a distance of 25.00' to a pin; thence with -@he Western line of a portion of Arctic Avenue (previously closed by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 150.00' to a pin; thence along the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.00' to VA Rudee Inlet Residual of Aretic Avenue PHR&A 5825-3-0 Aptil 30, 1991 Beginning at a pin recovered in the Southern right-of-way of Winston Salem Avenue, said pin being at the Intersection with the Westem right-of-way line of Arctic Avenue, thence N 82 degrees 45'00" E along the Southern rigbt-of-way of Winston Salem Avenue, a distance of 25.00' to a pin; thence with the Westem line of a portion of Arctic Avenue (previously closed by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 150.00' to a pin; thence along the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.00' to a pin; thence N 07 degrees 15'00" W a distance of 150.00' to the point of beginning. The aforedescribed parcel lies within the Virginia Beach borough of the City of Virginia Beach, and contains 0.0861 acres. a pin; thence N 07 degrees 15'00" W a distance of 150.00' to the point of beginning. The aforedescribed parcel lies within the Virginia Beach borough of the City of V4-rginia Beach, and contains 0.0861 acres. HILDA W. ARCHBELL BY Of Robert G. Byrum, Esquire SH@IES & BYRUM, P.C. 2145 Old Greenbrier Road Chesapeake, VA 23320 (804) 420-9653 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS ARCTIC AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXIIIBIT SHOWING A PORTION OF ARCTIC AVENUE TO BE ABANDONED-LOCATED IN SHORE ACRES, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by iiilda W. Archbell, that she would make application to the Council of the City of Virginia Beach, Virginia, on the day of 1 1991, to have the hereinafter described street discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a pin recovered in the Southern right-of-way of Winston Salem Avenue, said pin being at the Intersection with the Western right-of-way line of Arctic Avenue, thence N 82 degrees 45100" E along the Southern right-of-way of Winston Salem Avenue, a distance of 25.001 to a pin; thence @vith the Western line of a portion of Arctic Avenue (previously closed by City ordinance 3-22-76), S 07 degrees 15'00" E a distance of 1-50.001 to a pin; thence along the line of the estate of Sam B. Archbell S 82 degrees 45'00" W a distance of 25.00' to a pin; thence N 07 degrees 15'00" W a distance of 150.001 to the point of beginning. The aforedescribed parcel lies within the Virginia Beach borough of the City of Vi-rginia Beach, and contains 0.0861 acres. Said parcel of land designated as "Exhibit showing A Portion of Arctic Avenue To Be Abandoned-Located in Shore Acres, Virginia Beach Borough, Virginia Beach, Virginia", as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia upon adoption of tllis ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: GPIN 2 - 26 - Item II-J.1. APPOINTMENTS ITEM # 34523 ADD-ON Upon NOMINATION by Vice Mayor Fentress, City Council: ARTS & HUMANITIES COMMISSION APPOINTED: June Champney P. Thomas Cantrel REAPPOINTED: Robert W. Carter Warren E. Sachs, DDS Susan F. Sadler, Ph.D. Two-year term 7/1/91 to 6/30/93 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 27 - Ttem II-J.2. APPOI S ITEM # 34524 ADD-ON Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: SOCIAL SERVICES BOARD Judith Homsher Four-year term 7/1/91 to 6/30/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 28 - Item II-J.3. APPOINTMENTS ITEM # 34525 ADD-ON Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: TIDEWATER COMMUNITY COLLEGE BOARD C. Roy Kelley Four-year term 7/1/91 to 6/30/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - Item II-J.4. APPOINTMENTS ITEM # 34525 ADD-ON Upon NOMINATION by Councilman Baum, City Council REAPPOINTED: N ROADS PLANNING DISTRICT CONMISSION Vice Mayor Robert E. Fentress Walter E. Mather City Manager Aubrey V. Watts, Jr. Two-year term 7/1/91 to 6/30/93 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 30 - Item II-K.l. NEW BUSINESS ITEM # 34526 Councilman Lanteigne referenced the weekly Litigation reports provided by the City Attorney. Councilman Lanteigne advised the voluminous copies of the pleadings by the Plaintiff were not necessary, as a synposis was provided. City Council concurred the synposis would be sufficient, and thus provide additional savings concerning photocopying. - 31 - Item II-L.I. ADJOURNMENT ITEM # 34527 Upon motion by COuncilman Bau and BY Meeting at 3:@2 P,M. m CONSENSUS, CitY Council ADJOURNED the Y Clerk .th H-d ge. Si ty Clerk CitY of Virginia Beach Virginia