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Home My WebLink AboutAPRIL 4, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Larg~ VICE MAYOR WILLIAM D SESSOMS, JR, At-Large JOHN A BAUM, Blackwater Borough LIN3MOOD 0 BRANCH I11 Vzrgmza Beach Borough ROBERT K DEAN Pnncess Anne Borough W W HARRISON, JR, Lvnnhaven Borough HAROLD HEISCHOBER, At Large BARBARA ~ HENLEY, Pungo Borough LOUIS R JONES Baynde Borough NANCY K PARKER, At Large LOUISA M STRAYHORN Kempsmlle Borough JAMES K SPORE, Czty Manager LESLIE L LILLEY, Cfly Attorney RUTH HODGES SMITH, CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA April 4, 1995 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 9005 (804~ 427 4303 I. WORKSHOP - Conference Room - 10:00 AM ae FY 1995-1996 OPERATING BUDGET FY 1995-2001 C I P II. AGENDA REVIEW SESSION - Conference Room - 12: NOON ae Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father Richard Mooney Church of the Holy Family 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 - March 28, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent ~lgenda will be determtned during the Informative Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. ORDINANCES i · Ordinance to ACCEPT and APPROPRIATE a $28,594 Grant from the Department of Housing and Urban Development to the Section 8 budget unit of the Department of Housing and Neighborhood Preservation re employing, on a contract basis, a program coordinator in the Section 8 Family Self-Sufficient Program; AUTHORIZE the City Manager to execute the necessary contracts required to receive such grant; and, estimated revenue from the federal government be increased accordingly. · Ordinance to ACCEPT and APPROPRIATE a $11,559 Grant from the Virginia Department for Visually Handicapped to the FY 1994-95 Operating Budget of the Virginia Beach Public Library Department re subregional services for the blind and visually handicapped; and, estimated revenues from the Commonwealth be increased accordingly. · Ordinance to ACCEPT and APPROPRIATE a $6,000 Grant from the Virginia Department of Rehabilitative Services to the FY 1994- 1995 Operating Budget of the Virginia Beach Public Library Department to fully automate braille transcription service; and, estimated revenue from the Commonwealth be increased accordingly. · Ordinance to ACCEPT and APPROPRIATE a $1,900 Grant from the Virginia Foundation for the Humanities and Public Policy to the Virginia Beach Public Library Department re public program on humanities literature; and, miscellaneous revenue from the Commonwealth be increased accordingly. · Ordinance to authorize a temporary encroachment into a portion of the right-of-way of King's Grant Road near Francis Land Lane to Coastal Video Communications Corp. re construction and maintenance of a two-inch underground conduit (LYNNHAVEN BOROUGH). J. APPOINTMENTS EROSION COMMISSION HEALTH SERVICES ADVISORY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT * * * * * * * * * BUDGET/C I P ~VIEW SCHEDULE WORKSHOP Tuesday Aprtl 11 9 AM - 11 AM Tuesday April 18 4 PM - 6 PM WORKSHOP PUBLIC HEARING Thursday April 20 7 PM WORKSHOP Tuesday April 25 2 PM - 4 PM PUBLIC HEARING Tuesday FINAL WORKSHOP Thursday BUDGET/C I P Tuesday ADOPTION May 02 3 PM May 04 9AM -11 AM May 09 2 PM Council Conference Room Council Conference Room Larkspur Middle School Council Conference Room Council Chamber Counctl Conference Room Council Chamber * * * * * * * * * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, 91ease call the CITY CLERK'S OFFICE at 42?-4303 Hearing impaired, call: TDD only 42?-4305 (TDD - Teleghonic Device for the Deaf) * * * * * * * * * 03/30/95BAP AGENDA\04-04- 95. ITM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 4, 1995 Mayor Meyera E. Oberndorf called to order the WORKSHOP - FY 1995-1996 OPERATING BUDGET and FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM to the VIRGINIA BEACH CITY COUNCIL tn the Councd Conference Room, City Hall Building, on Tuesday, AprzI 4, 1995, at 10 OOAM. Council Members Present' John A Baum, Lmwood 0 Branch, III, Robert IC Dean, Wtlliam W. Harrison, Jr, Harold ttetschober, Louts R Jones, Mayor Meyera E Oberndorf and Nancy K Parker Council Members Absent Barbara M Henley Vice Mayor Wilham D Sessoms, Jr [ENTERED 10.10 A.M ] [ENTERED 10'15 A.M.] Loutsa M Strayhorn [ENTERED 10 20 A M.] -2- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITA IMPRO~MENT PROGRAM 10:00 A.M. ITEM # 39001 E Dean Block, Director - Management and Budget. presented #tformatton relattve the FY 1995-1996 Operating Budget and FY 1995/1996 - 2000/2001 Capital Improvement Program. Mr. Block referenced the Sectton, "How To Read The Document". containing a glossary of terms to asstst with a brief descrtptton of the Ctty's major funds and their purposes The sectton on Summaries contains a brief overview of Revenues by Source, Expenditures by Department, Positions by Department, and a Summary of Expenditures and Revenues by Fund and Appropriation Unit, lnterfund Transfers, General Fund Estimated Fund Balance and Fund Balance Reserve policy Calculation and Revenue Overview. City Council shall be provtded coptes of the Superintendent's Proposed Budget which will provide additional detail regardtng School Operations. Summartes wtll also be prepared provtding more information than contained in the Operating Budget booklet. Relative the Ordinance establishtng the tax levy on Real Estate, which is a proposal for an additional 4.8 cents (3 3 cents for School Capital Improvement Program and 1 5 cents for the Agricultural Reserve Program) The Personal Property Tax Ordinance ts included, as it must be enacted each year; however, there are no changes tn those rates proposed, whtch were lowered last year from $3.80 to $3.70 and are lower than other cittes wtthtn the regton The Ordtnances relattng to Court Costs reflect State Law changes The Or&nance to Amend and Reordam Chapter 35 (taxation) of the Code of the City of Virginia Beach, Virginia, by adding a new arttcle XIV pertatmng to lqdeo Programtning Excise Tax. Virgtnia Beach, among several locahttes, has been targeted wtth the opportumty to have Bell Atlanttc put in a new system, whtch involves laying cable down m&vtdual streets and running a cable wire to homes tn direct competttion wtth Cox Cable. Thts ts known as a vtdeo &al-tone service, but ts stmilar to a cable operaaon The difference betng the telephone company acts as a "common carrier" and is known as a "video dial-tone service" Video &al-tone ts not required to have a franchtse, but in their efforts to be cooperattve, Bell Atlanttc proposed a sertes of changes m legtslatton whtch would allow for this 5% tax. The Orchnance to Amend and Reordain Sections 2-187.1 and 2-199 of the Code pertaimng to Operating Budget and Capital Budget and Capital Budget Amendments, restates the Budget Amendment procedures and brings the Capital Programming Amendment procedures tnto the same mode. The City Manager advised the City Clerk schedules the advertising relative the agenda, and did not feel it necessary to repeat this in each of the Ordtnances The verbtage relattve the City Clerk's authorization may be added back into the Ordtnance, tf thts ts Councd's preference The Or&nance to Amend and Reordatn Chapter 2, Article VII of the Ctty Code, pertaining to the Department of Management and Budget, ts a name change The Department of Management and Budget ts now the Department of Management Services. The Ordinance to Amend and Reordam Sections 8-31, 8-32, 8-33 and 8-34 of the Ctty Code, pertaining to Buildings and Building Regulations AMENDS the Budding Permit fees and shouM go into effect in January A new system wall enable customers of Permits and Inspections to have the ability to call and schedule their inspections and receive updates relative the status of thetr tnspections The small increases tn the fees wdl cover the cost of that system Relattve the Ordinance to amend and reordam Chapter 35 [Taxation], of the Ctty Code by adding a new Article XIII pertaintng to local telecommumcatton servtce taxes', two years ago the General Assembly agreed to tax cellular phones This ordtnance removes references to telecommunications from the utihty tax and places it under this article whtch deals wtth the overall telecommuntcatton taxes. Or&nance to amend and reordatn Chapter 35, Article V, of the City Code, pertaining to tax on purchasers of Utility Services, simply removes porttons of the old utdity tax ordinance that are made unnecessary. April 4, 1995 -3- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39001 (Continued) The final Ordinance ts the Appropriation Ordinance. Section 5 on page 0-54 encompasses the City's reserve policy and continues to be a part of the ordinance and has been for the past ten years Section 8, Page 0-55, reflects some changes to update and reduce paperwork on issues of transfers. The City Manager is authorized to make appropriation transfers up to $25,000. Between $25,000 and $I00,000, the City Manager is to provide prior notice tn written form to the City Council of proposals for such transfers. This essentially adjusts for inflation On page S-1, Revenue from Local Sources, Dean Block advised the difference between Actual 1993- 1994 Real Estate-Current $197,691,702 and 1995-1998 Estimated $212,884,789, includes the tax increase. The estimate for delinquent taxes ts also included The Legislative Department ts comprised of the Mumcipal Council and the City Clerk's Office. The City Clerk advtsed her staff ts one positron short wtth a much heavier workload. A temporary employee has been engaged to perform the opttcal scanning, but this does not cover the increased demand for servtce.. The Legislative Department budget mcreases by less than 1% The City Manager's Budget is 1.1% greater than the adjusted FY 1994-95 Operating Budgets funding. The City Manager advised relative the Positron Summary, the Executive is' comprtsed of the City Manager, Chtef of Staff - Oral Lambert and Assistant City Manager - Robert Matthlas. The Professional category encompassed Diane Roche and Kathleen ttassen The City Treasurer advtsed their Budget increases by 2.7%. The Ctty Council chd fund special data processing equipment for hts office, and as a result they are the largest single processor of state and estimated income in the State outside of Richmond. The City Treasurer beheves this is one of the reasons, the Governor did not cut the funding as much as he had previously indicated he would. The City Treasurer initiated a Study Committee with the goal to go to an autonmted assessment process for personal property. A btll will be forwarded tn March or April with the Ctty decal ttemized on the personal property bill Combtning thts in one bill will eliminate approximately 300,000 transacttons. This would be sent early in March with a deadline for June Sixth. Hopefully, this will mcrease collection. The City Treasurer believed, if the decal sales could be ehminated, this' could possibly amount to $100,000 per year in savings and postage State Law does allow for bills less than $15.00, not to be assessed or mailed. The Mtddle Management category position is a reclassification with a decrease in one professional position The Treasurer's' office have to cut 25 man weelcv of labor from the program to identify out-of- date decals As a result, many vehicles were not noticed Approximately $1/4 to $1/2-MILLION in direct annual revenue results from delinquency m personal property taxes. The Commonwealth's Attorney, Robert J Humphreys, advised a provision was in the State Budget that reqmred his office to collect dehnquent City fines plus costs. As a result tn Calendar Year 1994, approximately $800,000 has been collected, a 30% return on unpaid fines and costs. Even though, legally requtred to provide full funding of this office, the Compensatton Board provides reimbursement on less than 41% of the total operattng cost of the office Virgmla Beach has had to provide full funding for twelve (12) of the current positions, m order to maintain services at an acceptable level. The Compensation Board has estabhshed a staffing formula for attorneys, whtch suggests Virginia Beach is severely undermanned This has not been funded by the General Assembly, but Commonwealth's Attorney Humphreys has been designated to represent the Commonwealth Attorney relative Governor Allen's administration 'S Biennial budget The Commonwealth's Attorney's Office presently has about four attorneys who donate their time one-day-per-week handhng the less serious cases. The Commonwealth's Attorney suggested the transfer of City Attorney Circuit Court criminal prosecution to the Commonwealth's Attorney Office. Currently, the City Attorney provides attorney and support staff for prosecuting Class I and II mtsdemeanor appeals, as well as on-call assistance to the Police Department for driving under the influence April 4, 1995 -4- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39001 (Continued) Currently the City Attorney 'S office provides two attorneys daily for DUI on-call assistance and some part of each day in court. In addition, they provide 4 addttional attorney days per week to handle misdemeanor appeals and support staff. If this function ts shifted to the Commonwealth's Attorney's Office there would need to be 3 attorneys, 1 legal assistant and 1 clerk to effectively provide the same services, as provided by the City Attorney. Chief Deputy Paul Lantetgne, represented the Sheriff's Department. The majortty of the funding is provtded by the State (77.8%) The remaining funding comes from the City (16.3%), the federal government (3.9%), and the rest from fees and charges for services provided. Page 127 displays the Funding Summary. The total recommended budget ts actually an 8.9% decrease this year. In the last four years, funding from the City has decreased from $1 1-MILLION tn 1992-1993 to over $658,000 of this year, which is approximately a 40% reduction. Approximately $250,000 to $300,000 or more per year on the Inmate Telephone Spectal Revenue Fund Account has been expended on inmate services, i e an additional 204 beds has been added Chief Deputy Lantetgne advised relative the Position Summary that an UnderShertff and the Chtef Deputy posttton were combtned tnto one. The total FTE's rematn the same The starting Deputy Salary tn Virginia Beach ts $19,148.00. Many deputtes are leaving to transfer to the Pohce Department. The City of Chesapeake's deputies are supplemented at $1.8- MILLION per year at a starting salary of $20,600.00, which increases to $23,800.00 after completion of Basic Deputy School Therefore, there ts approximately a $4,000 dtfference. A Salary Supplement for Deputies would provide funding above the State's salary level for permanent positions ($363,600). This wouM provide $1200 per deputy per year or $100 per month This coupled with the supplemental retirement would be within $2000 of the Chesapeake's deputies. At the present time there is approximately a 4% attrition rate. The Beach Pohce Officer's salary ts approximately $3,000 more than the Sheriff's Deputy and the Beach Police Officer's salary is approxtmately $1,000 below a Chesapeake Police Officer. Relative page 12-4, Chief Deputy Lantetgne advtsed 563 is' the DOC rated capacity of the facility. There were 337people over the rated capactty tn FY 1994-95. The Shertff's Department has recetved a contract from the State for cleanmg up 1-44 Mayor Oberndorf comphmented the office for this endeavor. Judy McClenny represented the Commissioner of the Revenue's Office Contractual Services increased 46.5%. Thts resulted from postage and telecommumcatton increases Every year, the Commissioner's Office has been in a minus situation wtth thts particular category, thus the increase. However, over all funds are returned to the Ctty Mr. Block advised Courts and Court Support encompasses three courts Circuit, General District and Juventle and Domesttc Relattons Distrtct, the Office of the Magtstrate, Pubhc Defender's Office, Medical Examiner's Office, as well as Court Support Units. Of the $2 5-MILLION budget for the entire area, $1 1-MILLION, or shghtly more than 40%, ts utthzed to pay for hous#tg of juveniles in secure and less secure pre-and post disposttton Durtng FY 1994-1995, as a conttnuing attempt to manage costs of secure detention, ensure access to a mmtmum number of beds and to manage the population in secure detentton, the Cities of Virginia Beach attd Chesapeake extended an existing joint agreement through September 30, 1999, for use of the Tidewater Detention Home The joint agreement fixes the per diem at TDH at $41.41 from July 15, 1995, through September 30, 1999, which saves Virgima Beach $204,510 for FY 95-96 alone, based on the current per diem of $58 59 The agreement guarantees Virginia Beach mimmum access to 35 beds from February 1, 1995, through August/September 1995 and then 40 throughout the life of the agreement Acknowledging the need to address the increasing demand for juventle secure detention, the Ctty Councd estabhshed a Capital Improvement Project #3-024 in the FY 93-94 CIP to construct a 40-bcd secure detentton facdtty tn l/irgtnta Beach estimated to cost $5.3- MILLION If the project is approved by the State Board of Youth and Family Servtces, the City may recetve State funding of approxtmately 50% of constructton costs and 66% of annual operating costs J Curtts Frutt, Clerk of Ctrcutt Court, advtsed relattve retentton of records April 4, 1995 -5- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39001 (Continued) The clerk of the General District Court, Claude B Rolhngs, III, advtsed there is a 15.9% increase in its operating budget. Caseload and workload increases are due to the addition of new laws, including: defendant notification laws' resulting in the issuance of 250-300 bills per day, roadside administrative suspenston of operators's hcense tn DUI arrests, suspenston of operator's hcense for failure to pay court fines and costs tn crtmtnal cases, laws' of confidenttahty to protect vtcttms of crtme, prosecutor's use of certtfted coptes of prtor convtcttons tn new felony sentencing, federal government acceptance of garnishments on earnings of federal and mihtary personnel, and expansion of the court's jurisdiction to juveniles tn cases where juvemles have been accused of committing subsequent crtmes after having been certtfied to be trted as adults tn Ctrcutt Court For all courts', caseload could be further impacted as 17 additional local pohce officers are htred as a result of the Federal Violent Crime Control and Law Enforcement Act of 1994. The current convtctton rate for DUI cases is over 80%. Frederick C. Jenks, III, Clerk of Juvenile and Domestic Relations District Court, advised their problems are not of the type which would impact the Ctty greatly at the present time, as the new Judicial Center provides adequate office space. However, the Governor allowed for no tncrease tn staffing. In the past two years, the caseload has tncreased by over 5,000 new cases. The State wtde average is 900 cases per employee. With only one employee, 4,000 cases had to be absorbed. The Court is Number One in the State in new cases, and Number One in the State in transacttons However, the Court ts not Number One in staffing or judges Mr. Banagan introduced the members of the Board of Equalization who were present: Richard Brody - Chairman, Angela Moore - Secretary, and Ivan Mapp - member Mayor Oberndorf advised that Pat Waddington, a cttizen who beheves he has been mtsassessed since 1981. He clatms to have a four-room house and was being assessed on a stx-room house Jerald Banagan, Real Estate Assessor, advised assessments tncreased approximately 2% Approximately 500 appeals are received per year. The Board of Equalization hears approximately 50 to 60 cases For the last two years appreciatton tn value has been almost non-existent Thts ts the first year there has been an apprectatton Mr. Mapp advtsed the Board of Equahzation ts a part of the Court System and meets every Thursday tn the Commissioner of the Revenue's Office This Thursday, the Board wtll finahze appeals' on the current year and the Board will start heartng appeals' for the new assessment after July First The City Attorney's Office converts one temporary employee to full-time status and adds a full-time Investigator, effecttve October 1995, prtmartly to investigate risk ,mnagement claims. The City Attorney advised the School Board supports one attorney and thts year ts wilhng to provtde a secretary for this attorney. There will be an agreement between the School Board and the Ctty Council, which will require the addttion of a Secretary's positron to this Budget at that time, but tt will be funded from the existing School Budget. It is not an addittonal appropriation, as a transfer from the School Operating Fund. The outside litigation costs (Risk ManagemenO were $743,000 tit 1989 and this year are approximately $5,000. This amount will fluctuate tf outstde Counsel must be hired or there are special cases that require special experttse. This does not reflect any outside Counsel costs associated with business transactions, i.e. pubhc/private partnershtps Each year a General Fund Legal Services Report is provtded to City Council. Relative an experienced Commercial Real Estate Attorney. thts experience is not available in the City Attorney's office. This requtres a spectal experttse, which the Ctty Attorney has not been requtred to render Bond Counsel has been called tn the past to provide thts service A request for an experienced Commercial Real Estate Attorney and support staff was not included irt the recommendatton. The cost of internal legal servtces per attorney hour are below the average outstde cost per attorney hour April 4, 1995 -6- CITY COUNCIL CONCERNS ITEM # 39002 Counctlman Harrison requested a SPECIAL SESSION for an Executive Meeting relative the amphitheatre on April 18, 1995. Mayor Oberndorf advtsed receipt of a telephone call from the President of the city-wide PTA, Mrs. Florence, notifying of a District Meeting on Aprtl 20, 1995; and therefore would find the pubhc Hearing Date not accessible to them to be able to &scuss wtth Ctty Council thetr destre to have thetr input into the Budget. The PTA was extremely concerned relattve Celebratton Statton and the School for the Gifted and Talented. Councilman Harrtson requested scheduhng of a SPECIAL SESSION relattve the amphitheatre and direction to the Development Authortty (1 hour for Executive Session and 1/2 hour for the FORMAL SESSION tn Ctty Council Chamber). BY CONSENSUS, City Council SCHEDULED for April 18, 1995: SCHOOL BUDGET & CIP PRESENTATION 9:00 A.M. SPECIAL SESSION (Executive - Amphitheatre) 5:30 P.M. to 7:00 P.M. PUBLIC HEARING (Budget & CIP) 7:30 P.M. ITEM # 39003 Councilman Dean advised he wtll not be in attendance during the City Council Session of April 11, 1995, as he will be on vacation in DISNEY WORLD. Councilman Dean requested an advance list of those Departments being reviewed in connectlon wtth the FY 1995-1996 OPERATING BUDGET FY 1995/1996 -2000/2001 CAPITAL IMPROVEMENT PROGRAM WORKSHOP. April 4, 1995 -7- ITEM # 39003 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, Aprd 4, 1995, at 1:15 P.M. Council Members Present John A. Baum, Lznwood 0 Branch, III, Robert K. Dean, William W Harrtson, Jr., Harold Hetschober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Councd Members Absent' None April 4, 1995 -8- ITEM # 39004 Mayor Meyera E. Oberndorf entertained a motton to permit Ctty Council to conduct its EXECUTIVE SESSION, pursuant to Sectton 2 1-344, Code of Virginta, as amended, for the following purpose: PERSONNEL MATTERS: Dtscusston or consideration of or interviews of prospective can&dates for employment, asstgnment, appotntment, promotion, performance, demotton, salaries, disciplintng, or restgnation of specific pubhc officers', appotntees, or employees pursuant to Section 2 1-344 (A) (1) To Wtt Appointments Boards and Commtsstons Eroston Commtsston Health Servtces Advisory Board Ttdewater Regional Group Home LEGAL MATTERS Consultatton with legal counsel or brtefings by staff members, consultants, or attorneys pertatnmg to actual or probable litigatton, or other spectfic legal matters requestblg the provtston of legal advice by counsel pursuant to Sectton 2 1-344(A)(7) To- Wit. Lake Gaston PROSPECTIVE BUSINESS OR INDUSTRY Discussion concerning a prospecttve bustness or industry where no prevtous announcement has been made of the business' or mdustry's tnterest tn locating tn the commumty pursuant to Section 2 1-344 (A) (5) To-Wit Vtrgmta Beach Borough Upon motion by Vice Mayor Sessoms; seconded by Counctlman Branch, City Counctl voted to proceed tnto EXECUTIVE SESSION. Voting. 11-0 Council Members Voang Aye John A Baum, Linwood 0 Branch, III, Robert K Dean, William W Harrtson, Jr, Harold Hetschober, Barbara M tlenley, Louts R Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay NolTe Counctl Members Absent None April 4, 1995 -9- FORMAL SESION VIRGINIA BEACH CITY COUNCIL April 4, 1995 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 4, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent None INVOCATION: Father Richard Mooney Church of the Holy Family PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank. disclosed there were no matters on the agenda tn which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidehty Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest m any apphcatton that may come before City Council. l, qce Mayor Sessoms' letter of January 10. 1995, ts hereby made a part of the record April 4, 1995 - 10 - Item V-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39005 Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters' lawfully exempted from Open Meetmg requirements by Virgima law were dtscussed in Executive Sesston to which this certiftcatton resolution apphes, Only such public business matters as were tdentified in the motion convening the Executive Session were heard, chscussed or considered by Virginia Beach City Counctl Voting: 11-0 Council Members Votzng Aye John A Baum, Ltnwood 0 Branch, III, Robert K. Dean, William Vg Harrison, Jr., HaroM tleischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent. None April 4, 1995 Beso CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Councd convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded m ITEM # 39004, Page No 8, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.1-344. 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 certihcation 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. R~h Hodges ~'mith, CMC/AAE City Clerk April 4, 1995 - 1I - Item V-F. 1. MINUTES ITEM # 39006 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of March 28, 1995. Voting. 11-0 Councd Members Vottng Aye. John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr., and Loutsa M. Strayhorn Council Members Voting Nay None Councd Members Absent None Aprtl 4, 1995 - 12 - Item IV-G. 1. INTRODUCTION ITEM # 39007 Mayor Oberndorf RECOGNIZED: Kay Griggs Moss, Norway Sister City Association Alice Walters Friend of Moss, Norway Sister City Association Karin Hals Moss, Norway Karin Hals has written many textbooks for the schools tn Moss, Norway She has her Master of Arts in English, German and Sociology She is revolved tn teacher tratmng and has been a textbook developer for the last ntne years, however, ts still teachmg advanced Enghsh courses at the upper secondary level. Ms Hals is a currtculum developer bt Church Affairs and the Ministry of Educatton itt Norway. Ms. Hals ts on a government sponsored, multt-regtonal study tour for Umverstty Teachers in English, Culture and Literature Her textbooks are uttlized by approximately 1/3 of all Norwegian students in the upper secondary level Mayor Oberndorf presented Kartn Hals' wtth a gtft of a Cobalt Blue Cup beartng the Ctty Seal, a token of appreciation from Virgtnta Beach Mayor Oberndorf advtsed the Suffolk School System is interested tn Ms. Hals textbooks April 4, 1995 - 13 - Item V-H. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39008 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 4, 1995 - 14- Item V-H.[L CONSENT AGENDA ITEM # 39009 ORDINANCES Upon motion by Council Lady Strayhon~, seconded by Council Lady Parker, Ctty Council APPROVED in ONE MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting 10-0 Council Members Vottng Aye John A. Baum, Linwood 0 Branch, III, Robert K. Dean, Wtlham W. Harrison, Jr., Harold tleischober, Barbara M Henley, Louis' R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker and Louisa M. Strayhorn Councd Members Voting Nay None Counctl Members Absent Vice Mayor Wilham D Sessoms, Jr April 4, 1995 - 15 - Item V-H./I 1 CONSENT AGENDA ITEM it $9010 ORDINANCES Upon motion by Council Lady Strayhorn, seconded by Counctl Lady Parker, City Council ADOPTED: Orchnance to ACCEPT and APPROPRIATE a $28,594 (;rant from the Department of Houstng and Urban Development to the Section 8 budget unit of the Department of tlousmg and Neighborhood Preservation re employing, on a contract bast& a program coordinator tn the Sectton 8 Faintly Self-Sufficient Program, AUTHORIZE the City Manager to execute the necessary contracts required to recetve such grant, and, estimated revenue from the federal government be increased accordingly. Voting: 10-0 Council Members Voting Aye' John A. Baum, Lmwood 0 Branch, III, Robert K. Dean, Wilham W.. Harrison, Jr., HaroM tleischober, Barbara M. Henley, Louts R Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay: None Counctl Members Absent Vice Mayor William D Sessoms, Jr April 4, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE $28,594 FOR A SECTION 8 FAMILY SELF-SUFFICIENCY PROGRAM COORDINATOR 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City receives funding under the Section 8 Existing Housing Program for the purpose of providing rental subsidies to low income households; WHEREAS, the City operates a Family Self-Sufficiency Program for the purpose of assisting households to achieve self- sufficiency; and WHEREAS, the U. S. Department of Housing and Urban Development has made available funds for the purpose of hiring staff for the Family Self-Sufficiency Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $28,594 in Section 8 administrative fees be accepted from the U. S. Department of Housing and Urban Development and appropriated to the Section 8 budget unit of the Department of Housing and Neighborhood Preservation for the purpose of employing, on a contractual basis, a program coordinator in the Section 8 Family Self-Sufficiency Program; BE IT FURTHER ORDAINED: That estimated revenue from the federal government be increased by $28,594; and BE IT FURTHER ORDAINED: That the City Manager is hereby authorized to execute the necessary contracts and documents required to receive such grant. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of April, 1995. CA-5872 ORDIN \NONCODE\ SECS. ORD R-1 PREPARED: 03 / 27 / 95 - 16 - Item V-H./I. 2. CONSENT AGENDA ITEM # 39011 ORDINANCES Upon motton by Council Lady Strayhor., seconded by Counctl Lady Parker, City Council ADOPTED: Orchnance to ACCEPT and APPROPRIATE a $I1.559 (;rant from the Virgmta Department for Visually tlandtcapped to the FY 1994-95 Operattng Budget of the Virgmta Beach Pubhc Library Department re subregional services for the bhnd and visually handtcapped; and, esttmated revenues from the Commonwealth be #tcreased accordingly. Voting: 10-0 Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Robert K Dean, Wilham W. Harrtson, Jr., tlaroM tletschobe~; Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay. None Counctl Members Absent. Vice Mayor Wilham D Sessoms, Jr. April 4, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO ACCEPT AND APPROPRIATE $11,559 FROM THE VIRGINIA DEPARTMENT FOR VISUALLY HANDICAPPED TO THE VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT FOR SUBREGIONAL SERVICES FOR THE BLIND AND VISUALLY HANDICAPPED WHEREAS, the Virginia Department for the Visually Handicapped provides resources to assist the Subregional Library for the Blind and Visually Handicapped in southeastern Virginia, which is operated within the Virginia Beach Public Library Special Services unit, in its support of blind and visually handicapped residents of the subregional service area; and WHEREAS, the assistance level for FY 1994-95 was approved at the $11,559 level, and requires no specific local match; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $11,559 be accepted from the Virginia Department for the Visually Handicapped and appropriated to the FY 1994-95 Operating Budget of the Public Library Department for support of Subregional Services to the blind and visually handicapped, and that estimated revenue from the Commonwealth of Virginia for FY 1994-95 be increased by $11,559. Adopted by the Council of the City of Virginia Beach, Virginia on this Fourth day of April 1995. CA-5896 R-1 \ORDIN\NONCODE\BLIND. ORD Prepared: 03/07/95 APPROVED AS TO CONTENT APPROVED AS TO LEGAL Virginia Department for the Visually Handicapped Virginia State Library for the Visually and the Physically Handicapped 395 Azalea Avenue, Richmond, Virginia 23227-3623 VA 800-552-7015 Voice/TDD 804-371-3661 FAX 804-371-3639 Authorization of Expenditure Subregional Service Funds 1994-1995 The governmental entity of the Virginia Beach Deparlment of Ubraries acknowledges receipt of notice of Subregional Service Funds and agrees that the amount of $11,559.6 may be expended and submitted for reimbursement by the Talking Book Service as proposed in the 1994 Subregional Service Proposal and according to the instructions of the Virginia State Library for the Visually and the Physically Handicapped. Signature of d Representative bibCacy DiCecto¢ Title 1 - 24-cJ_~ Date Please return complete copy by November 1, 1994 to: Mary Ruth Halapatz Library Director Virginia State Library for the Visually and the Physically Handicapped 395 Azalea Avenue Richmond, Virginia 23227-3623 -17- Item V-H./I. 3. CONSENT AGENDA ITEM # 39012 ORDINANCES Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, C~ty Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $6,000 Grant from the Virginia Department of Rehabilitative Servtces to the FY 1994-1995 Operating Budget of the Virginia Beach Pubhc Library Department to fully automate braille transcription service; and, estimated revenue from the Commonwealth be increased accordingly Voting 10-0 Council Members Voting Aye John ,4. Baum, Linwood O. Branch, III, Robert IC Dealt, Wilham W.. Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Vottng Nay Nolte Council Members Absent Vice Mayor Wilham D Sessoms, Jr April 4, 1995 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $6,000 FROM THE VIRGINIA DEPARTMENT OF REHABILITATIVE SERVICES TO THE VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT TO FULLY AUTOMATE BRAILLE TRANSCRIPTION SERVICE WHEREAS, the Virginia Department of Rehabilitative Services administers the Virginia Assistive Technology System to enhance and disseminate assistive technology service to individuals with disabilities throughout the Commonwealth; WHEREAS, one component of this program is the disbursement of small grants to community organizations for Creative Initiatives which will address under-served individuals with disabilities; WHEREAS, the Special Services program of the Virginia Beach Public Library has requested and been awarded a grant to purchase necessary software and hardware to fully automate the Braille transcription services for blind individuals in Virginia Beach and throughout the Subregional Library for the Blind and Handicapped service area; and WHEREAS, the required match for this grant is to be provided through in-kind services budgeted within the current resources of the Library Department. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Creative Initiative grant in the amount of $6,000 be accepted from the Virginia Department of Rehabilitative Services and appropriated to the FY 1994-95 Operating Budget of the Public Library Department, and that estimated revenue from the Commonwealth of Virginia for FY 1994-95 be increased by $6,000. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 Adopted by the Council of the City of Virginia Beach, Virginia on this Fourth day of April 1995. CA-5594 / ORD IN/NONCODE \ BRAIL. ORD R-1 Prepared: 03 / 27 / 95 APPROVED AS TO CONTENT APPROVED AS TO LEGAL l~partment of Law - 18 - Item V-H.[I. 4 CONSENT AGENDA ITEM # 39013 ORDINANCES Upon motion by Council Lady Strayhorn, seconded by Counctl Lady Parker, City Council ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $1,900 Grant from the Virgmta Foundation for the Itumantttes and Pubhc Pohcy to the Virginia Beach Pubhc Library Department re public program on hurtmnities literature, and, miscellaneous reve. ue from the Commonwealth be increased accordingly Vottng: 10-0 Council Members Voting Aye. John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, Wtlliam W. Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louis R Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent Vice Mayor Wtlham D Sessoms, Jr April 4, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ]~N ORDIN/~NCE TO ACCEPT ~ND APPROPRIATE A GI~%NT IN THE AMOUNT OF $1,900 FROM THE VIRGINIA FOUNDATION FOR THE HUMANITIES AND PUBLIC POLICY TO THE VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT FOR A PUBLIC PROGRAM ON HUMANITIES LITERATURE WHEREAS, the Virginia Foundation for the Humanities and Public Policy encourages the study of humanities throughout the Commonwealth by provision of grants to qualified organizations for programming; WHEREAS, the Kempsville Branch of the Virginia Beach Public Library has requested and been awarded a grant to purchase appropriate titles and sponsor a public lecture series on the relationship of humanities literature and everyday life to be entitled "What America Reads: Myth Making in Popular Fiction;" and WHEREAS, the required match for this grant is to be provided through resources budgeted within the current resources of the Library Department. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a grant in the amount of $1,900 be accepted from the Virginia Foundation for the Humanities and Public Policy and appropriated to the FY 1994-95 Operating Budget of the Public Library Department, and that miscellaneous revenue for FY 1994-95 be increased by $1,900. Adopted by the Council of the City of Virginia Beach, Virginia on this Fourth day of Ap~l 1995. CA-5895 R-1 \ORDIN\NONCODE\HUMLIT. ORD Prepared: 03/27/95 APPROVED AS TO CONTENT APPROVED AS TO LEGAL Department of Law VIRGINIA FOUNDATION FOR THE HUMANITIES AND PUBUC POLICY I&S Echm Dr~ve, C:hm-tottesvltte, V~rgtn{~ 229~5, NOTIFICATION OF AWARD GRANTEE GRANT # 5-29173-94-6 KempsviHe Area Library 832 KempsviHe Road Virginia Beach, VA ~ PROJECT DIRECI~R FUNDS AWARDED Regular Grant Supplement ..... TOTAL Judith Pate COST SHARE REQUIRED FINANCIAL OFFICER Cash & In-Kind $1 ~f~ ~ -- Robbin Crace COST Slt~ REQUF_,~TED GRANT PERIOD Cash & In-Kind .Ss s77 a6 11/04/94- 08131195 PROJECT TITLK REPORT DUE DATES Interim: 02/28/95 What America Reads: in Popular Fiction Ma ng Final: o8/3 / s YOUR PROGRAM STAFF CONTACT AT VFH IS: Susan Coleman Forms and instructions for making reports and requesting payments are included in your grant packet. GENERAL PROVISIONS: Located in the Grant Manual. SPECIAL CONDITIONS: PLEASE SIGN AND RETURN ONE COPY, INDICATING THAT YOU HAVE RFAD THE GRANT MANUAL AND NOW CONFIRM YOUR ACCEI~ANCE OF THE GRANT AND ALL PROVISIONS AND REQUIREMENTS. Financial Officer - 19 - Item V-H./L5. CONSENT AGENDA ITEM # 39014 ORDINANCES Upon motion by Counctl Lady Strayhorn, seconded by Council Lady Parker, Ctty Council ADOPTED: Or&nance to authorize a temporary encroachment tnto a portton of the right-of-way of King's Grant Road near Francis Land Lane to Coastal V'uleo Communications Corp. re construction and maintenance of a two-inch underground conduit (LYNNHAVEN BOROUGH) The following conditions shall be required' The owner or owner, s agent must obtain a right-of-way permtt from the Development Services center and show proof of general comprehenstve form habthty ($500,000 m#ttmum) A Permtt Performance Bond or other form of surety, approved by the Department of planmng, must be posted tn a mtmmum amount of $1,000 3. The owner agrees to keep and hoM the city free and harmless of any habthty as a result of the encroachment 4. The owner agrees to remove the encroachment when notified by the City, at no expense to the City 5. The owner agrees to matntatn said encroachment so as not to become unsightly or a hazard. Vottng 10-0 Counctl Members Vottng Aye. John A Baum, Ltnwood O. Branch, III, Robert I(2 Dean, Wilham W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf Nancy K Parker and Louisa M. Strayhorn Council Members Vottng Nay None Counctl Members Absent: Vice Mayor William D Sessoms, Jr. April 4, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF KING'S GRANT ROAD TO COASTAL VIDEO COMMUNICATIONS CORP., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Coastal Video Communications Corp., its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of King's Grant Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a two-inch underground conduit and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as King's Grant Road, on the certain plat entitled: " PROPOSED ENCROACHMENT BY COASTAL VIDEO COMMUNICATIONS CORP.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Coastal Video Communications Corp., its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of King's Grant Road and that Coastal Video Communications Corp., its heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Coastal Video Communications Corp., its heirs, assigns and successors in title shall indemnify and hold harmless 44 45 46 47 48 49 50 51 52 53 54 55 56 57 the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Coastal Video Communications Corp. executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of Aprzl , 19 95 . 58 59 60 03/24/95 TK/tga kennedy\coast a t. ord THIS AGREEMENT, made this ~" day of ~~ , 19~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a ,, municipal corporation, GRANTOR, party of the first part, and COASTAL VIDEO COMMUNICATIONS CORP., a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. W!TNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a two-inch underground conduit in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such conduit, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as King's Grant Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such conduit within a portion of the City's right-of- way known as King's Grant Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as King's Grant Road for the purpose of constructing and maintaining such conduit. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as King's Grant Road as shown on that certain plat entitled: "PROPOSED ENCROACHMENT BY COASTAL VIDEO COMMUNICATIONS CORP.," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as King's Grant Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Coastal Video Communications Corp. has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) A'I~E S T.' City Manager/Authorized Designee of the City Manager City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: COASTAL VIDEO COMMUNICATIONS ition Paul Michels, president- I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: , __ APPROVED AS TO LEG AL SUFFICIENCY Notary Public £2D 2,3 TO CONTENT D~PARTMENT 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 RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~0f~ ~ ~3-1C_ , a Notary Public in and for the City and State aforesaid, do hereby certify that Paul Michels, President, on behalf of COASTAL VIDEO COMMUNICATIONS CORP., whose name is signed to the foregoing writing, bearing date the ~6~h day of ~~L%~ , 190~, has acknowledged the same before me in my City and State aforesaid. Given under my hand this ~0~ day of Marc% , o,5. My Commission Expires Notary Public F/HIBIT "A" · · · -- m ii ii ! ii i la ii ~ ....... '[ I. ~ ....... ., i i i i i i I ..... , ~'~' ~' q' o, ~ - _;~ ~ .... ~0~ L ' ~ I I .__-------------_.._-_-._._______...___ ii i ii i ~11 i B I I PROPOSED INSTALLATION OF 2" CONDUIT FOR CABLING WILL REQUIRE T~E DIGGING OF TWO PITS. THEIR LOCATIONS ARE AS FOLLOWS: 30" DIAMETER PIT AT 3083 BRICK~OUSE COURT WILL BE 3 FEET FROM THE SOUTHWEST CORNER OF THE BACK OF THE BUILDING AND 41 FEET FROM THE CURB AT KINGS GRANT ROAD. 30" DIAMETER PIT AT 102 KINGS GRANT ROAD WILL BE 1 FOOT FROM THE SOUTHWEST CORNER ON THE SIDE OF THE BUILDING AND 40 FEET FROM THE CURB AT FRANCIS LAND LANE. .SIT FRaNCiS C Z ,< OACHMENT NICTION SCA E :1"= 800' PREPARED BY P/W ENGINEERING; DRAF B DA - 20 - Item IV-J. 1 APPOINTMENTS ITEM # 39015 Upon NOMINATION by Counctlman Baum, Ctty Counctl REAPPOINTED: EROSION COMMISSION Jeffrey J. Beaton Myles A. Pocta Herbert B. Taylor 4-Year Term 5/1/95 -4/30/99 Voting 10-0 Counctl Members Votmg Aye John A. Baum, Ltnwood 0 Branch, III, Robert K. Dean, William W Harrison, Jr., HaroM Hetschober, Barbara M Henley, Louts R. Jones, Mayor Meyera E Oberndorf, Nancy K Parker and Lomsa M. Strayhorn Counctl Members Voting Nay: None Council Members Absent Vice Mayor Wilham D Sessoms, Jr April 4, 1995 - 21 - Item IV-J. 2. APPOINTMENTS ITEM # 39016 Upon NOMINATION by Councilman Baum, City Council APPOINTED: HEALTH SERVICES ADVISORY BOARD I-Year Term 4/1/95-3/31/96 Richard Dolenuck, DDS Hector J. Quiles James Michael Quinn, Jr. Crisanto D. Romero Dennis' Wool, Ph.D 2-Year Term 4/1/95-3/31/97 Mabel A. Edwards Bruce Walter Gallup Vickie W. Humphries Maurice B. Jackson Silverrene Roundtree MD 3-Year Term 4/1/95-3/31/98 Patrick M. Booth Jennifer Joan Clark-Cohen Adriana Elena Clare Wayne A. Snuth Glenn Charles Snyders Voting: 10-0 Councd Members Voting Aye. John A. Baum, Lmwood 0 Branch, III, Robert K. Dean, Wtlliam gE. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy K Parker and Loutsa M. Strayhorn Councd Members Vottng Nay None Council Members Absent Vice Mayor William D Sessoms, Jr. April 4, 1995 - 22 - Item IV-J. 3. APPOINTMENTS ITEM # 39017 BY CONSENSUS, City Counctl RESCHEDULED the following APPOINTMENT: TIDEWATER REGION~ GROUP HOME COMMISSION April 4, 1995 - 23 - Item IV-K.I. UNFINISHED BUSINESS ITEM # 39018 Mayor Obernodrf advised: PRESS CONFERENCE Sidney L. Faucette, Superintendent 12:00 NOON, Wednesday, April 5, 1995 Kemps Landing School Thts PRESS CONFERENCE will entatl the Supertntendent's report on the School budget encompassing the proposal for the Middle School for the gifted and talented April 4, 1995 - 24 - Item IV-K. 1. UNFINISHED BUSINESS ITEM # 39019 ADD -ON Councilman Dean referenced the application of St. John's Baptist Church for a condiotnal Use Permit for a church (expansion) on the east szde of Holland Road, 500 feet more or less north of Princess Anne Road. This item is SCHEDULED for the City Counczl Sessoin of April 25, 1995 and they wish this application was DEFERRED to May 9, 1995. Sa~d letter is hereby made a part of the record. April 4, 1995 - 25 - ITEM # 39020 Mayor Meyera E. Oberndorf entertained a motzon to permtt City Councd to conduct its EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of l~rgmta, as amended, for the following purpose: LEGAL MA~ERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatn#tg to actual or probable litigation, or other spectfic legal matters requesting the provtsion of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Lake Gaston Upon motion by Counctlman Jones, seconded by Counctlman Branch, Ctty Council voted to proceed into EXECUTIVE SESSION. Voting. 10-0 Council Members Voting Aye' John A. Baum, Linwood 0 Branch, III, Robert K~ Dean, Wilham W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Loutsa M Strayhorn Counctl Members Vottng Nay None Council Members Absent: Vice Mayor Wilham D Sessoms, Jr April 4, 1995 - 26 - Item 11/-3t. 1. ITEM # 39021 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL m the Council Chamber, Ctty Hall Butldmg, on Tuesday, Aprtl 4, 1995, at 4 23 P.M Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Loutsa M Strayhorn Council Members Absent None April 4, 1995 - 27- CERTIFICATION OF EXECUTIVE SESSION ITEM # 39022 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTII~ SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting reqmrements by Virginia law were discussed in Executive Session to which thts certtfication resolutton apphes, AND, Only such pubhc busmess matters as were tdenttfied tn the motion convenmg the Executive Session were heard, dtscussed or considered by Virginta Beach Ctty Council l/ottng. 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Robert K Dean, William W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, l~ce Mayor William D. Sessoms, Jr and Louisa M Strayhorn Councd Members Vottng Nay None Councd Members Absent: None April 4, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach C~ty Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39020, Page No. 25, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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 applms, and, (b) only such public business matters as were identified in the motion convemng this Executive Session were heard, discussed or considered by Virginia Beach City Council. l~uth Hodges §miih, CMC/AAE City Clerk April 4, 1995 - 28 - Item IV-N. ADJOURNMENT ITEM # 39023 Mayor Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 4 26 P.M. Beverly '0. Hooks, CMC Chtef Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Virginia Beach Virginia April 4, 1995