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OCTOBER 6, 1975MINU'I't!S OF Tile iiONOP, At~LE CITY COUNCIL OF Tile CITY OF VIRGINIA BEACil, VIRGINIA October 6, 197S " The regular meeting of the Council of the City of Virginia Beach, V~irgin,ta, wa held in the Council Chambers, in tl~e Administration P, uilding, in the Borough o Princess Anne, on Honday,.October 6, 1975, at 2:00 p.m. -'~'he invocation was given by the Reverend William R. Petre, Chaplain, Virginia ~each, Virginia Councilmen present: John A.. Baum, Robert it. Callis, Jr., Robert B. Cromwell, Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. lten'ry i~lcCoy, Jr., Mayor J. Curtis Payne, Patrick I,. Standing, and Floyd E. hraterfield, Jr. Councilmen absent: ,None ITEM #8888 On ~notion by Vice blayor Ferrell., seconded by Councilman Griffin, and by re- corded vote as follows: Ayes: Councilmen John A. Baum, Robert I!. Callis, Jr., Robert B. Cromwell, Jr Vice 5iayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A tiollaxd, J. Ilcnry ~,.'lcCoy, Jr., i'.layor J. Curtis Payne, Patrick L. Standing, and Floyd ~. l~aterfield; Jr. Nays: None Absent: None __City Counci] approved the minutes of the regular meeting of September 29, 197 ~nd dispensed with the reading of said Minutes inasmuch as each Councilman ha -~ copy of the subject minutes before him. I TE,',I #8889 On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baun~, Robert H. Callis, Jr., Robert B. Crcmwell, J~ Vice Mayor George R. Ferrell, Charles ~'~. Gardner, John R. Griffin, Clarence ~ Holland, J. Henry 51cCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, an¢ Floyd E. Waterfield, Jr. Nays: None Abs ellt: ~qone City Council approved on second reading authorization to the City Manager to execute the documents required to irq~.lement a grant award from the Division , liigi~way Safety in ti~e amount of $zl,709 for the purpose of t. raining personnel in ti~e Traffic Engineering Bureau, Department of Community Services, and further voted to appropriate $837 in local matching funds. ITtSH #8890 On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr'., Rol~ert: B. Cromwell, Jr. Vice i..layor Georgc R. Ferrell, Charles if. Gardner, John R. GritJfin, Clarcncc A. ttolland, J. Henry iqcCoy, Jr., Mayor J. Curtis Payno, Patrick L. Standi~lg, and Floyd E. l~aterfield, Jr. Nays: None , '-'~b sent: None ~ Jity Council approved on second rea'ding authorization to the City Manager to execute the documents required to implement a grant award from the Division of Justice and Crime Prevention in the amount of $10,000 ;~or the purpose of continuing the annual Police Department training program, and further voted to appropriate $500 in local matching funds. ITEM #8891 Mrs. Amelia Spiotta appeared before Council regarding the construction of Southern Boulevard. Mrs. Spiotta presented petitions to Council from the residents of the Princess Anne Plaza area requesting Council and the City Manager to extend Southern Boulevard eastwardly from Palace Green Boulevard to Rosemont Road at Chester Street so tgat the City facilities at Mount Trashmore, the new Public Service Building and other City services could be made available to residents of Princess Anne Plaza, Malibu, Kings Grant, Kingston, Belle Haven, Southern Terrace, Eastern Park, Lynnwood, Little Neck Village, Little Neck, and Ches opean Colony. ITEM #8892 motion by Couimiiman Griffin, seconded by Councilman Gardner, and by record ote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Robert: B. Cromwell, Jr. Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Gri. ffin, Clarence A. Holland, J. itenry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution authorizing the City Manager and the City Clerk to execute on behalf of the City of Virginia Beach a deed of Release and Easement to release its interest in that certain portion of a 25' strip of land previously reserved for highway pruposes; and further authorized the City Manager and the City Clerk to execute in behalf of the City of Virgin Beach a deed of correction and clarification to amend and qualify the des- cr:iption of the deed recorded in Deed Book 1494, at Page 727. The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the City on the 6 day of October , 1975 . On motion by Mr. Griffin and seconded by Mr, Gardner '" the following resolution was adopted~ unanJ~mously by the City Council. RESOLUTION ~{EREAS, it has been determined that a portion of a 25' strip of land previously reserved for highway purposes as shown on Map Book 52, at Page 1, recorded in the Clerk's Office of the City of Virginia Beach, Virginia, is not needed for highway purposes; and WHERt:AS, it has been determined that the legal description, as sho~'~ on that certain plat entitled "Plat Showing Parcel To Be Conveyed To City of Virginia Beach, Vi~cginia By Roxanne and George J. Parker," dated May 30, 1975, Sca].e: 1" = 100', attached to a certain deed recorded in Deed Book 1494, at Page 727, is defective. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and City Clerk are hereby authorized and empowered to execute in behalf of the City of Virginia Beach a deed of Release and Easement to release its interest in that certain portion of the 25' strip previously reserved as aforesaid; and BE IT FURTHER RESOLVED that the City Manager and City Clerk are authorized and empowered to execute in behalf of the City a deed of correction and clarification to amend and qualify the description of the deed recorded in Deed Book 1494, at Page 727. ()it 'litoti_on by \rice Hayor Ferrell, seconded by Councilman Nauru, and by' recorded vote as follows: ' Ayes: Councilmen John A. Nauru, Robert H. Callis, Jr., Robert ]3. Cromwell, Jr. Vicc l-4ayor George R. Ferrell, Charles W. Gardner, John R. GrJ[fin, Clarcnce A. fiolland, J. Henry HcCoy, Jr., Mayor J. Curtis Paync, Patrick I,. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None iity Council voted to approve the following oYdinance authorizing the acquisitJ f right-of-way for Princes~ Anne Road/Landstown Road By-Pass Lane, property t¢ se acquired in fee simple; the acquisition of right-of-way eithcr by agreement or by condemnation: AN OPd)]'NANCE TO AUTHORIZE THE ACQUISITION OF RIGHT-OF-WAY FOR PRINCESS ANNE ROAD/ LANDSTOWN ROAD BY-PASS LANE, PROt~ERTY TO BE ACQUIRED IN 'FEE SI}~?I,E; TIlE ACQUISITION OF RIGHT-OF-WAY EITHER BY AGREEMENT OR BY C ONDEMNAT I ON BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the Council of tbe City of Virginia Beach, Virginia has authorized the Princess Anne Road/Landstown Road By-Pass Lane Project and has approved same for right- of-way acquisition; and WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for construction of this important project for the preservation of the safety, health, peace, good order, comfort, conven~eoce, morals and f~r the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or Assistant City Attorney is hereby autho- rized to acquire [y purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements of right-of-way as shown on Plans for Princess Anne Road/Landstown Road By-Pass Lane as prepared by City of Virginia Beach, Department of Community Services, Engineering Division and on file in the Department of Community Services, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to owners or persons.having an interest in said lands, if refused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, V:irginia, on the ~','~ ~!,..~' , 19 ::5 day ITE~4 # 88{.)4 On motion by Councilman McCoy, seconded by Councilman Cromwell, and by recorde vote as follows' " Ayes: Councilmen John A. Baum, Robert II, Callls, Jr., Robert B. Cromwell, Jr. Vice Mayor George R. Ferrell, Charles ~V. Gardner, John R. Griffin, Clarence A. tfolland, J. iIenry blcCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. l.qaterfield, Jr. {ays: None ,-. Absent: None City Council authorized the City Manager to execute on behalf of the City of Virginia Beach the following State-Local Hospitalization contracts for FY 76: Hospital Children's Hospital of Kings Daughters DePaul Hospital General Hospital of Virginia Be~ch i~iedical College of Virginia Norfolk Community Hospital Riverside ltospital University of Virginia Per Diem Rate 75-76 Per Diem Rate 74-75 $ 98.10 $ 89.00 98.10 88.18 83.76 74.97 99.87 91.28 63.36 55.57 72.88 68.52 99.87 91.28 ITEM #8895 On ~aotion by Councilman Gardner, seconded by Councilman Baum, and by recorded ._.vote as follows: kyes: Councilmen John A. Baum, Robert tt. Callis, Jr., Robert B. Cromwell, Jr. ¢ice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. ~enry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. St. anding, and Floyd E. }'qaterfield, Jr. Nays: None Absent: None City Council voted to appropriate $6,000 in order to enter into the following contract with Cable Television Information Center of Washington, D. C and The Urban Institute; and further authorized the City Manager to execute the necess agreement for the services. Funds are available. ITEM #8896 On motion by Councilman Griffin, seconded by Councilman S~zanding, and by recor vote as follows: ~ Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor George R. Ferrell, Ci~arles ;V. Gardner, John R. Griffin, Clarence A. tIolland, J. flenry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, a:~d Floyd E. Waterfield, Jr. Nays: None &sent: None City Council adopted the following resolution concerning an application to the Virginia State P~ater Control Board and the U. S. Enviromnental Protection Agency requesting funds for the preparation of a Section 201 Facilities Plan (Step I Funds) and agreeing to pay its share of the Federal grant, either through i',~onetary contribution or the provision of in-kind services, in the amount of $18,606; and further authorized the City Manager to execute the necessary agreements to implement the program: RESOLUTION WHEREAS, the Virginia State Health Department has declared that certain designated areas of Virginia Beach are potential health hazards at the most urgent level; and WHEREAS, the Virginia State Water Control Board has made available to the City funds for the preparation of a Section 201 Facilities Plan (Step I); and WHEREAS, it is the intent of this Facilities Plan to ascertain a via- ble solution to the health hazard problems, afford significant citizen input, and insure that the most cost-effective solutions to the problems are recom- mended .; and WHEREAS, the application by the City for funds to construct a federally- assisted sewage treatment system under Section 201 (Steps II and III) is con- tingent upon certification of a Facilities Plan by the State Water Control Board and the U. S. Environmental Protection A~ency; and WHEREAS, the estimated program cost of '~he Facilities Plan is $74,666 and the estimated local contribution for the program is $18,666; and WHEREAS, the Grant Application procedure requires the applicant to include executed agreements as deemed appropriate for the preparation of the Facilities Plan; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the State Water Control Board and the Environmental Protection Agency to permit the formulation, approval and funding of the Step I Facilities Plan under Section 201 of the Federal Water Pollution Control Act Amendments of 1972; AND BE IT FURTHER RESOLVED, that the City I~anager is hereby authorized and directed to enter into agreements as deemed appropriate for the preparation of a Facilities Plan; AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees to pay its share of the federal grant, either through monetary contribution or the pro- vision of in-kind services, in the amount of $18,666; AND BE IT FURTHER RESOLVED, that the State Water Control Board and the Environmental Protection Agency are respectfully requested to assist in the prompt approval and funding of the subject program in order that the public interests of this City may be best protected. ITEM tt 8897 On motion by Vice blayor Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clz~.rence A. Holland, J. ilenry McCoy, Jr., bIayor J. Curtis Payne, PatrJ:.ck L. Standing, and Floyd E. I'¥'aterfield, Jr. --1~ ay s: None ~bsent: None City Council approved standard water and sewer agreements for Aspinwall Security Storage and Van Company (Bonney Road, Kemp~ville Borough); and further authorized the City Manager to execute the necessary agreements. ITEM #8898 On motion, by Vice bIayor Ferrell, seconded by Councilman IdcCoy, and by recorded vote as follows: Ayes: Counciln~en John A. Baum, Robert H. Callis, Jr., Robert B. Cromwe]_l, Jr. Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the low bid of M. E. Wilkins, Incorporated, in tlie amount of $190,12~.50, for the Bellamy Manor l'~rest Sanitary Sewerage Facilities (Contract 1-Gravity Sewer). Funds for this project are available. 8899 C)n motion by Councilman Baum, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Rol)ert H. Callis, Jrt, Robe'rt B. Cromwell, Jr. Vice tqayor George R. Ferrell, Charles ~. Gardner, John R. Griffin, Clarence A. Holland, J. ilonry blcCov, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. ;'~aterfield, Jr. Nays: Ncne bsent: None City Council approved the low bid of Crowder Contracting Company, Incorporated, in the amount of $28,700.00, 'for the Bellamy Manor West Sanitary Sewerage Facilities (Contract il-Pump Station). Funds for this project are avai].ab'le. ITEM #8900 On moticn by Councilman Waterfield, seconded by Councilman McCoy, and by re- corded vote as follows: Ayes: Councilmen Jonn A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the request of Mr. Peter B. Treichler, on behalf of Alert of Virginia Beach, for a renewal of its raffle permit. ITEM #8901. motion by Councilman Waterfie!d, seconded by Councilman Standing, and by ..~corded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. C~omwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the request of Mr. John T. Whitman, on behalf of the Aragona-Pembroke Little League, for a renewal of its raffle permit. ITEM # 8902 On motion by Councilman Baum, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ft. Callis, Jr., Robert B. Cromwell, Jr., Vice f, layor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Ho~land, J. Itenry ~.icCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and F~-yd ~. Waterfield, Jr. N s: None Absent: None City Council voted, to hold the meeting of October 27, 197S at 2:00 p.m. instead of 8:00 p.m. :..ir..']'o]~y Stcrago 'appeared befo~'e (,jt:y (;ouhcil in regards ~o :¢ previom~ly made concerning ti~e apt.~o[ntn~eat of a nine person to investigate certain allegatSons agaJm~t the Po.!'ice Department. presentation was received by the Council, a copy of which is on file in the office of the City Clerk. ITEM #8904 Councilman HcCoy indicated to City Council that he is disturbed over the decision made by the Department of the Navy to construct 600 housing units at a proposed 88 acre site in the Kempsville Borough, near the intersection ~ Salem and Princess Anne Roads, in the Green Run area. ,uncilman [qcCoy indicated that he was not opposed to the construction proposed by the Navy, but felt that a site more adequately developed with water, sewer, highway and school facilities might be more advantageous to ail concerned. In addition the site contemplated is zoned R-6, wixich means residential single- family homes, other s~tes are zoned for multiple unit development. Vice Mayor Ferrell, who lives in the Kempsville Borough, while he did not oppose the i~avy buildin?~ in the City, indicated theft he felt it is the responsibility of the Navy to assist financially in school site and building construction as well as in providing proper highway and drainage facilities. It was indicated to the Councilmen by Captain Crawford (USN Ret.) that the Council had adopted a resolution addressed to th.e Navy indicating their desire to have the buildings constructed in Virginia Beach, but not at Fort Story. A request made by Councilman McCoy to the Hayor to appoint a committee to study the proposed Kelnpsville location resulted in Mayor Payne offering to appoint Councilman McCoy on the original committee, which is scheduled to meet with Representative G. William Whitehurst nex[ week; however, Councilman Cromwell, Chairman of the committee, said the meeting is to discuss obtaining Fort Story land for recreation, not the Navys purchase and use of the Green Run site. ITE?4 #8905 Cuuncilman Callis requested the City Manager to contact }.4r. Douglas Fugate, Director, Virginia State lIighway Department, regarding commuter tic]gets for the Virginia Beach-Norfolk Expressway. ITEM #8906 Councilman Holland stated that on November 10, 1975, Princess Anne Utilities is going before the State Corporation Commission requesting a 24% increase in utility rates fox the Princess Anne Plaza area. Councilman rlolland requested Council to give consideration to having a representative present at the meeting; and further requested Mr. Bimson to give Council an indication of what this means to th.e City-costwise. ITEM #89O7 Mayor Payne introduced KptLt. Macholl and KptLt. Dietrich of t'he German Navy who are visiting this Country. The officers are studying our Country's system of Government. On motion by Councilman Callis, seconded by Vice ?d:tyor Ferrell, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr'i, Robert B. Cromwell, Jr. Vice blayor George R. Ferrel], Charles IV. Gardner, John P,. Griffin, Clarence A. llolland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, PatrSck L. Standing, and Floyd E. }iaterfield, Jr. ._~ ays: None ,bsent: None City Council will hold an executive session on Monday, October 13, 1975, for tt purpose of discussing matters petrol%ted for discussion under Section 2.1-344 subparagraphs 1 througl~ 6, inclusive, of the Freedom of Information Act of the Commonwealth of Virginia. ITEM #8909 On motion by Vice Mayor Ferrell, seconded by Councilman Gardner, and by unanimous vote, the meeting adjourned. J. Curtis Payne, Mayor City of Virginia Beach, ~-rginia October 6, 1975