HomeMy WebLinkAboutFEBRUARY 13, 1981 SPECIAL SESSI
Cit@c>f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY M@COY JR.. D.D.S.. K..p..ill, B .... 8h
VICE-MAYOR IIAROLD IIEISCHOBER. A, L.,g,
JOHN A. BAUM, Bi.ck-,., B .... b
F. RE)D ERVTN, A, L.,,.
BARBARA M. HENLEY, P..g. B.-.gb
CLARENCE A. HOLLAND. M.D., B.,.id. B ... gb
W. H. KITCHIN. Ill. Vilti.i. B-.b B ... b
REBA S. McCLANAN, P,i ..... A-. B...Ib
DONALD W. MERRJCK. Ly-b.... B...Sb
MEYERA E. OBERNDORF, A, L.,g, 212 C/7'Y HALL BUILDING
PATRiCK L. STANDING, A, L.,,. MUNICIPAL CENTER
VIRGINIA BEACH. VIRGI)VIA 23456
RUTH HODGES SMITH. Cily Cl,,* (804) 427-4303
CITY COUNCIL AGENDA
February 13, 1981
ITEM I INFoRmAL sEssioN - 2:00 p.m- Conference Room
A. CALL TO ORDER
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
D. DISCUSSION OF PERTINENT MATTERS
ITEM II FORMAL SESSION
A. ROLL CALL OF COUNCIL
B. RESOLUTIONSJSPECIAL ACTION
C. ADJOURNMENT
1. Motion to adjourn
OFFICE OF THE MAYOR MUNICIP;L CENTER
DR. J. HENRY MC CO Y. JR., MAYOR VIRGINIA BEACH, VIRGINIA 23456
(804) 427-4581
Feb@y 10, 1981
Memb@ o6 City Councit
Ci-ty M@ et
CLty Attotney
City CZetk
Ladie,s and GentP-emen:
A.6 rAe6cLibed by Sec. 2.9 oi the Code oi the City o4
Vi)Lginia Beach, and in the be.6t inteilezt o6 the City
tke watet @i.6, thi,6 i.6 to )Lequezt you,% attendance at a
SPECIAL SESSION o6 City CounciZ at 2:00 p.m. on F@y,
Feb@yL3, 1981, in the Coniexence Room.
The puxpo.6e o4 tti" SpeciaZ Se,6.6ion is to @cuzz
nego n6 and the execution o6 c co@ct6 6ot the
suppZy o6 watell to the City oi Viftginia @ch.
Re,6xctiutty,
y m
JHM:am.6
I heaeby waive my tight oi notice:
V6L C4
IJohn A. F n
C@nce A. Hottand PatAick L. Standing
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 February 1981
As prescribed by Section 3.06 of the City Charter, and Section 2-9 of
the Code of tbe City of Virginia Beach, a Special Meeting of the Council
was called by Mayor J. Henry McCoy, Jr., in the Conference Room, City
Hall Building, on Friday, 13 February 1981, at Two o'clock in the
afternoon.
Council Members Present:
Vice Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., Donald W. Merrick, and Meyera E. Oberndorf
Council Members Absent:
John A. Baum, F. Reid Ervin, Clarence A. Holland, and
Patrick L. Standing
ITEM #16255
Mayor McCoy requested the City Manager to advise Council of the purpose
of the meeting.
The City Manager advised Council that he had hoped to be able to discuss
three water contracts with Suffolk, Isle of Wight, and Southampton.
Unfortunately, at the Southampton County Public Hearing, there was
considerable opposition from the citizens of Southampton County, and by
a vote of 5 to 2 Southampton' County rejected the offer.
The City Manager advised Council of a proposed agreement with the City
of Suffolk, even though the Cities have agreed in principle, there is
some difficulty in the language. The City of Suffolk will hold their
next Council meeting February 18, 1981, and the City Manager requested
a Special Meeting of Council after the Suffolk meeting.
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ITEM #16256
The City Manager advised Council of the five (5) addendums to the
Isle of Wight County water supply agreement:
1. Amend paragraph 9. to read as follows,.
This contract sball be for a period of five (5) years and
may only be modified or amended by a writing of equal
dignity executed by the parties hereto. Upon expiration
of the initial five (5) year period, this contract shall
automatically renew for an additional five (5) years
unless notice is given iu writing, at least six (6)
months prior to the date of expiration hereof to the Chief
Executive Officer of the corresponding jurisdiction that
either party desires that the Agreement not automatically
renew. Notice shall be effective upon receipt.
2. Virginia Beach agrees to finance in addition to the costs of
construction, operation and maintenance of said well or wells,
all costs of land, land acquisition and improvements, physical
structures, testing, monitoring and other expenses necessary
to secure said water.
3. It is agreed by the parties hereto that nothing in this
agreement is to be construed as establishing a "water supply",
"water system" or "water supply system" of Virginia Beach in
the County of Isle of Wight.
4. If it is determined by the appropriate State agencies that the
quantity or quality of groundwater in Isle of Wight County is
being irreparably harmed by the pumping of said well or wells
then Isle of Wight reserves the right to terminate the pumping
thereof until sucb measures may be taken to insure the quantity
and quality of said groundwater may be restored and maintained
in a manner and to such levels sufficient to insure health and
safety of the citizens of isle of Wight County.
5. Virginia Beach agrees to save Isle of Wight harulless from any
liability resulting from the pumping, transmission and/or
introduction of said water into any transmission system or
reservoir.
ITEM #16257
Mayor McCoy entertained a motion to permit Council to conduct its
EXECUTIVE SESSION for discussion of the following:
1. Discussion or consideration of the condition,
acquisition or use of real property for public purpose,
or other disposition of publicly held property.
(Acquisition, use of disposition of publicly held property)
2. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
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Upon motion by Vice Mayor Heischober, seconded by Councilman Merrick,
City Council voted to proceed into the EXECUTIVE SESSION.
Voting: 7-0
Council Members Voting Aye:
Vice Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, F. Reid Ervin, Clarence A. Holland, and
Patrick L. Standing
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ITEM #16258
City Council convened into the FORMAL SESSION, with the following
Members of- Council present:
Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and
Meyera E. Oberndorf
Council Members Absent:
Jobn A. Baum, F. Reid Ervin, Clarence A. Holland, and
Patrick L. Standing
ITEM #16259
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to upbold tbe recommendation of the City Manager and
ADOPT the Resolution authorizing execution of an Addendum to the
February 9, 1981, Isle of Wight County Water Contract, and authorized
the City Manager to execute same.
Voting: 7-0
Council Members Voting Aye:
Vice Mayor Harold Heiscbober, Barbara M. Henley, W. H. Kitchin, iii,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, F. Reid Ervin, Clarence A. Holland, and
Patrick L. Standing
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A RESOLUTION AUTHORLZING EXECUTION
OF AN ADDENDUM TO THE FEBRUARY 9, 1981,
ISLE OF WIGHT COUNTY WATER CONTRACT
WHEREAS, on February 9, 1981, the Council of the City
of Virginia Beach authorized the City Manager to execute a contract
to purchase water from Isle of Wight County; and,
WHEREAS, Isle of Wight County approved the said contract
subject to an Addendum appended thereto; and,
WHEREAS, such Addendum further clarifies the actual
Agreement between the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and he hereby is, authorized
to execute the said Addendum to the Isle of Wight County water
contract, dated February 9, 1981, a copy of which is attached, hereto.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of February, 1981.
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CITY OF VIRGINIA BEACH; ISLE OF WIGHT COUNTY
WATER SUPPLY AGREEMENT
ADDENDUM
1. Amend paragraph 9. to read as follows:
This contract shall be for a period of five (5) years and may
only be modified or amended by a writing of equal dignity executed by
the parties bereto. Upon expiration of the initial five (5) year
period, this contract shall automatically renew for an additional five
(5) years unless notice is given in writing, at least six (6) months
prior to the date of expiration hereof to the Cbief Executive Officer
of the corresponding jurisdiction that either party desires that the
Agreement not automatically renew. Notice shall be effective upon
receipt .
2 . Virginia Beach agrees to f inance in addition to the costs of
construction, operation and maintenance of said well or wells, all costs
of land, land acquisition and improvements, physical structures, testing,
monitoring and other expenses necessary to secure said water.
3. It is agreed by the parties hereto that nothing in this
agreement is to be construed as establishing a "water supply", "water
system", or "water supply system" of Virginia Beach in the County of
Isle of Wight.
4. If it is determined by the appropriate State agencies that the
quantity or quality of groundwater in Isle of Wight County is being
irreparably harmed by the pumping of said well or wells then Isle of
Wight reserves the right to terminate the pumping thereof until sucb
measures may be taken to insure the quantity and quality of said
groundwater may be restored and maintained in a manner and to sucb level
suff icient to insure the health and safety of the citizens of Isle of
Wight County.
5. Virginia Beach agrees to save Isle of Wight harmless from any
liability resulting from the pumping, transmission and/or introduction
of said water into any transmission system or reservoir.
- 7-
IN WITNESS WHEREOF, Isle of Wight has caused this Addendum
to be signed on its behalf by Richard L. Turner, Chairman, and its
Seal to be affixed hereto and attested by its Clerk pursuant to motion
adopted by its Board of Supervisors on February 9, 1981, and Virginia
Beach has caused this Addendum to be executed on its behalf by George
L. Hanbury, its City Manager, and its Corporate Seal affixed hereto and
attested by its City Clerk, pursuant to Ordinance adopted
1 9 81
CITY OF VIRGINIA BEACH
City Manager
ATTEST:
City Clerk
ISLE OF WIGHT COUNTY
By Jsl Richard L. Turner
Chairman
ATTEST:
/s/ W. B. Owen
Clerk
8-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk,
for the CITY OF VIRGINIA BEACH, whose names as such are signed to the
foregoing Addendum, bave acknowledged the same before me in my City
and State aforesaid.
GIVEN under my hand this _ day of 1981.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
ISLE OF WIGHT COUNTY, to-wit:
I, Juanita L. Byrum Notary Public
in and for the County and State aforesaid, do hereby certify that
RICHARD L. TURNER, Cbairman of the Board, and W. B. OWEN, Clerk, for
ISLE OF WIGHT, wbose names as such are signed to tbe foregoing Addendum,
have acknowledged the same before me in my County and State aforesaid.
GIVEN under my hand this Tenth day of February 1 1981.
Is/ Juanita L. Byrum
Notary Public
My Commission Expires: 8/8/81
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ITEM #16260
City Council will hold a Special Meeting in the Conference Room, City
Hall Build-ing, on Wednesday, 18 February 1981, for the purpose of
discussing the water situation.
ITEM #16261
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
and by ACCLAMATION, the meeting adjourned at 3:00 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges Sinith, City Clerk Mayo e@y PNoy, @,@D.S.
City of Virginia Beach,
Virginia
13 February 1981
Special Meeting
2/13/81