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HomeMy WebLinkAboutJANUARY 14, 1977 MINUTES OF TIIE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 24, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, January 24, 1977, at 12:00 p.m. Council Members present: John A. Baurl, Robert B. Cromwell, Jr., George R. Ferrell, @layor Clareiice A. Ilolland, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: John R. Griffin*, and J. Henry McCoy, Jr.** ITEM #10399 Mayor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing personnel matters and legal matters. On motion by Vice Mayor Standing, seconded by Councilman Crom@vell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, i@,layor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd l@. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council voted to proceed into Executive Session following the informal discussion. ITEM @-10400 The City Manager informed Council, at the Informal @@leeting, tilat an Automated Fleet Fueling System has been put into effect as of today (January 24, 1977) for approximately 75 percent of all City employees. The employee receiving a card must use this before gas can be dispensed. The City Manager further stated that this system should pay for itself within two years, and should save the City approximately $25,000 a year in time alone. COUNCILMAN GRIFFI14 ARRIVED IN MEETING AT 1:07 P.M. COUNCILMAN MCCOY ARRIVED IN MEETING AT 1:12 P.M. ITE@l #10401 The City Manager informed Council that on Februaryl4, 1977 he was bringing to Council the report requested by Councilman Riggs on the use of automobiles by employees of this City. ITEAI #10402 The City 14anager stated that State law allows the admi,i,trative staff, as well as City Council, several methods by which property could be disposed of if considered surplus or part of a City right- of-way, such as: 1. The street closure process whereby notice is given by the interested persons tliat they wish to close a street. A public hearing is held, it is advertised and Council closes the street. The street is then divided between the abutting property owners. 2. Vacation of plat which the City Council hears where the street is no longer needed. 3. Allows the administration of any municipality, if it is not contrary to the public's interest, to replat and actually close said street. There is a circumstance that where an individual owns the underlying fee sinple title of the street, once that street is closed it does not go to the abutting property owners, but goes back to the original developer. The City Manager informed Council that the City has received a subdivision on such a street, 89th Street. This is a four-lot subdivision adjacent to Fort Story. There are no abutting property owners to the north of 89th Street, and the only abutting property owners are on the South of 89th Street. This particulelr subdivision plat does not close the southern portion of 89th Street, which is 100-foot right of way, however, it does vacate approximately 50-feet of the northern portion of 89th Street. By State law the City can accept this as a subdivision, and process it as a subdivision; however, the City @,lanager stated he would like some guidance from Council on this matter. Alr. Richard Browner, one of the land owners, stated that the owners will widen 89th Street along the right-of-way, and will provide an easement on the south side of lot 2B. That easement would lead to a pedestrain bridge, which will be constructed at tbe owners expense. Mr. Browner further stated that the main concern would be whether the City would record it or not, as it is in the area that's pre- viously been considered by some to be a street. If the City did record it then the City would be allowing a subdivision without going through the normal street closure process. Vice Mayor Standing stated that 89th Street was, to his knowledge, an improved street froin the northern property line of the Plat of Cape Henry to the Fort Story line. Mr. Tazewell Ilubard, President of the North Virginia Beach Civic League, appeared at tlie Informal Meeting regarding the above matter. Mr. Hubard stated that the residents in the area believe that 89th Street is a dedicated street, and the street has been maintained, policed and treated by the City and the former County of Princess Anne as a public street. Mr. II. Calvin Spain, Attorney, representing the original owners of the land, the Lake George Corporation and 14r. Edward Lindsley, who purchased the interests and properties from the defunct Lake George Corporation, indicated that Mr. Lindsley had a title guarantee, proper deeds and tax receipts from t'@le City of Virginia Beach for payments of taxes to date on the land in question. After considerable discussion, Council requested the City Attorney to meet with Mr. Spain to determine actual ownership of 89th Street. ITEM #10403 The City Manager stated that as Council is aware approval for the acquisition of Rose Hall was granted in an attempt to preserve the historic significance of the buildings. On June 6, 1975, the staff presented to Council a concept to purchase the entire 35 acre tract and developing it on an entrepreneural approach of municipal government. The City staff has developed preliminary plans for developrient based on the program that was submitted to Council. Recently, the City has been approached by a private developer, Mr. Ray Breeden, to purchase 30 acres of the Rose Ilall property to construct homes for the elderly and possibly place some commercial buildings on the area. The City Manager stated that if the proposal was granted all the requirements for development would be borne by the developer and not the City, and would be an opportunity to have private enterprise develope the property. The developer would, of course, provide the regular City requirements such as water and sewer, standard site plan requirements, etc. The City Manager stated ihat Mr. Dreeden had a very good proposal; however, he would like to see if any other developer has a similar plan. Councilman Griffin stated that before the City signs an agreement with Ray Breeden, or do any direct negotiating with anybody, there should be an open invitation for bids for development of the pro- perty. Vice Mayor Standing requested the City Manager to advertise for design bids, informing the bidders of the deed restrictions re- garding the design of the property, with particular reference being made to the "Great liouse", and some 5 acres of land. -.he City Manager stated he will advertise for design bids on Rose lIall, and will inform all bidders of the deed restrictions making particular reference to the "Great Ilouse". ITEM #10404 At 2:00 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, Robert B. Crom@vell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. tiolland, J. Ilenry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Absent: Councilman Floyd E. Waterfield, Jr. The invocation was given by the Reverend Robert L. Consolvo, Virginia Beach United Methodist Church, followed by the Pledge of Allegiance. Mayor Ilolland introduced Boy Scout Troop 415, Dam Neck. They are working on their government badge and have to observe a court and Council meeting in session. ITEM #10405 On motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council voted to approve the minutes of the regular meeting of January 10, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #10406 on motion by Council@voman Oberndorf, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Na,ys: None Absent: Councilman Floyd E. Waterfield, Jr. City Council voted to approve the minutes of the regular meeting of January 17, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy of the minutes. ITEM #10407 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council adopted the following resolution and presented same to Mrs. Grace Hill Swertfeger: ITE@l #10408 COUNCILMAN WATERFIELD RETURNED TO CHAMBERS On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry I.IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution proclaiming the week of January 30, 1977 through February 5, 1977 as "Meals on Wheels" Week: R E S 0 L U T I 0 N The attention of the City Council of the City of Virginia Beach has been directed to the work which is being done by vol- unteers who serve the elderly and low income citizens of the City through the organization known as "Meals on Wheels". Persons physically unable through age or disability to pre- pare nutritionally adequate meals may have delivered to their homes two meals a day for $2.00 per day fee, those unable to pay still receive the meals. It is noted that sixty percent of those served are financially unable to pay for the meal service. The program is intended to encourage the elderly and financially dis- tressed to decline welfare assistante and to maintain their own homes. Now, therefore, in support of this program, the dance and the auction, which will be held at the Sheraton Beach Inn on Atlantic Avenue in Virginia Beach on SatuTday, February S, 1977 from 9:00 p.m. to 1:00 a.m. which is the only annual major function for raising funds the Meals on Wheels promotes, the City Council of the City of Virginia Beach does declare the week beginning January 30, 1977 through Saturday, February 5, 1977 as "Meals on Wheels Week" and does endorse the efforts being made by these volunteer citizens to relieve the problems of age and scarcity being endured by their fellow citizens. Clarence A. itoiland Mayor Adopted by the Council of the City of Virginia Beach on the 24th day of January, 1977 ITEM #10409 On motion by Councilman Baum, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry DIcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilman John R. Griffin Absent: None City Council adopted the following resolution regarding the Freedom of Information Act and requested same be forwarded to this City's representatives: R E S 0 L U T I 0 N WIIERI@AS, Common Cause of Virgiiiia Betch lias p.epared, aiid plans to introduce, legislation requesting that provisions of Virginia's Freeclom. of Inforrration Act be applied to the Virginia Geiieral Assembly and all of its comriittees; and WIIE-IIEAS, this proposed legislation would also require procedures for calliiig executive sessions of State agencies, committees, and General Assen,bly Comr.,ittees, to parallel those currently applicable -Lo local governrqents; NOW, TIIEREFORE, )-?E IT RESOL171-ID !3Y -IIIF CITY COUINCIL OF THE CITY OF VIIZGINIA BEACII, VIRGINIA: That th.@ Ceuncil goes on record as sundorting "a siiigle standard of morality" regLrding "openness in government" or "Sunshine Laws" applying equally to all levels of United States Government (local, state and federal); and encourages its local General Assembly representatives to support either of the following alternatives: 1. Application of those existin.- State laws regulating local governments to also affect the GenOral Assembly as proposed !)y Corimon Cause; or 2. If after reflection, the General Asserobly believes that the suggested modifications are too restrictive, it is encouraged to extend to local -overnments the same exemptions from the provisions of the FOIA that it ciirrpntlv On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromivell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Viaterfield, Jr. Nays: None Absent: None City Council approved the following ordinance to amend and reordain Article 7, Section 705, of the Comprehensive Zoning Ordinance per- taining to sign regulations: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 7, SECTION 705 OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS B;E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 7, Section 705, of th6 C. Z. 0. is amended and reordained as follows: (a) Within the H-1 Hotel District the same regulations as per- mitted in R-1 Residential District and A-1 Apartrnent District shall apply and in addition: (1) For each twenty (20) feet of principal frontage adjacent to a street and for each forty (40) feet of lot line adjoin- ing a street but not constittiting frontage not more than one (1) sign and not more tlian forty (40) square feet of surface area provided, however, that no establishrfient may have more than four (4) signs and-t@-a-t-of which one (1) may be a free-standing sign. In the case of a corner or a tlirough lot witli a ryiinimum secondary fronta,ge of fifty (50) feet, a second free-standing Yiay be erected on the secondary street frontage. No sign shall exceed two (2) faces neither of which shall exceed 125 square feet of surface area. Any establish- ment or property having less frontage or lot line ad- joining a street than required above may have one (1) sign not exceeding thirty (30) square feet of surface area. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of January 197 7. .11/2 on lno%,Lfp- On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry lIcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following ordinance to amend and reordain Article 8, Section 804, of the Comprehensive Zoning Ordinance per- taining to sign regulations: AN ORDINANCE TO AL\@END AND REORDAIN ARTICLE 8, SECTION 804 OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDARNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 8, Section 804, of th@ C. Z. 0. is amended and reordained as follows: Within the 0-1 Office District the following sign regulations shall apply: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not rnore than thirty-two (32) square feet of surface area, provided, however, that no estiblishrnent may have more than two (2) signs and -t-h-a-t of which one (1) may be a free-standing sign. In the case of a corner or a throurh- lot with a minirnum secondary frontage 0 a second free-staiiding sign may be erected on the secondary street frontage. No sign shall exceed two (2) faces neither of which shall exceed seventy-fiv @ (75) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty-two (32) square feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of Januarl, 1977. ITEM #10412 On motion by Councilrnan Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following ordinance to amend and reordain Article 9 of the Comprehensive Zoning Ordinance pertaining to Sign Regulations: AN ORDINANCE TO AMEND AND REORDAIN ARTIC.tE 9 OF THE COMPREHENSIVE ZON- ING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 9, Sections 904, 914, and 924, of the C. Z. 0. is amended and reordained as follows: 904. Sign Regulations (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than thirty-t-wo (32) square feet of surface area provided however, that no establishment may have more than four (4) signs and-t4-,a-t of whicli olle (1) may be a free- standing sign. In the case of a corner or a throurh lot with a minimum secondary frontage of fifty (50) feet, a second free-standinfz. si,ff,n may be erected on tlie secondary street frontage. No sign shall exceed two (2) faces neither of which shall exceecl seventy-five (75) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street tlian required above may have one (1) sign not exceeding thirty-two (32) square feet. 914. Sign Regulations In the B-2 Comniunity-Business District the following regulations shall apply: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constitutin@ frontage not more than one (1) sign and not more than sixty (60) square feet of surface area provided however, that no establishment may have more than five (5) signs aiid-@,at of which one (1) may be a free-standinii silti. In the case of a corner or a through lot witli a n-iinimurn feet, a second free-st-,itidin rected on the secondary street frontage. No sign shall exceed two (2) faces neither of which shall exceed 125 square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. 924. Sign Regulations In the B-3 Central Business District signs shall be perrnitted as follows: I (a) For each forty (40) feet of frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of surface area provided however, that no establishment may have rnore than five (5) signs and-t4i-a-t- of which one (1) may be a free-standing sign. In the case of a corner or a througli lot with a minimum secondary fronta@e of fifty (50) feet, a second free-standing sign may be erectecl on the secondary street frontage. No sign shall exceed tnvo (2) faces neitlier of which shall exceed lZ5 square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square fee t. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of January 19 7 7. ITEM #10413 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following ordinance to amend and reordain Article 10, Section 1004, of the Comprehensive Zoning Ordinance pertaining to Sign Regulations: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 10, SECTION 1004 OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I That Article 10, Section 1004, of the C. Z. 0. is amended and reordained as follows: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not niore than two (2) such signs and not rnore than eighty (80) square feet of sign surface area provided, however, that no establish- rnent may have more than six (6) signs aREI-t4ia-t of which one (1) may be a free-standing sijzn. In the case of a cc)rner or a through lot with a minimum secondar)r fronta[Ze of fifty (50) feet, a second free-standine on the seconda . No sign shall exceed two (2) faces rieitlier of wl-iich shall exceed 200 square feet of stirface area. Any establishrnent or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding sixty (60) square feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of January 197 7. ITEM #10414 On motion by Councilman Ferrell, seconded by Councilman Payne, and bY recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None State Board of Elections Secretary of Electoral Board Room 101, Finance Building South AND Richmond, Vlrginia 23219 County/City of Virginia Beach The governing body of City f- vir i ia decided County/City on January 24 19 77 TO establish a NOT to establish a Fxl * Central Absentee Voter F] Central Absentee Voter Election District Election District **Location of Polling place: City Ball Circuit Cot.irt, Roo. 6 for all elections held from February.1, 1977 to T-'ebruary 1, 1978 Signature Mayor Title Municipal Ce Address Virginia Bea *Any change relating to precincts or polling places must be submitted, by tbe cbief legal officer of your county or city, to the U. S. Attorney General, Civil Rights Divisio-., Departnient of Justice, 14ashington, D. C. 20530, as required by the Voti-.Ig Ri@.hts Act of 1965. **Ifust be located in the courthouse or otlier t)ublic building and must be in a room which is being used for NO OTHER PURPOSE on election day. ITEM #10415 On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @,icCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None The regular meeting of the Council of the City of Virginia Beach, Virginia, wa held ' @hambers of s the Council( the Administra- tion Building on the @kday of @J171. ,(il 1 19, On Mtion and seconded by e toiiowing Resoiution was adopted. A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT RELATING TO LESS SECURE DETENTION HOME-UNIT FOUR FACILITY LOCATED ON RECREATION DRIVE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and the City Clerk are hereby authorized to execute an agreement, a copy of which is attached hereto relating to the maintenance of the grounds and exterior of the buildings of the Less Secure Detention Home Unit Four Facility located on Recreation Drive. @tVI@ As Tg CONTENT I Li ADOPTED by the Council of the City of Virginia Beach, Virginia, this @,4tday of 19./ er ATTEST: ilLI@l FIU'li6 On motion by Councilma. Ferrell, second.d by Council@o..n Obe@nd.rf, .nd by r.corded vote .. follo@.: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr,, George R. Ferrell, John R. Griffin, Mayo@ Clarence A. liolland, J. Ilenry M@Coy, J@., C.uncilwo..n hleyer. E. Ob.rnd.rf, J. Curtis P.y.e, Rog.r L. Riggs, Vi@e Mayor P.t@ick L. St.nding, nd Floyd E. Waterfi.1d, Jr. ,'4ays: None Absent: None City Council voted t. appr.v. the foll.wing gree.ent b.t,,een th@ City f Ches.pe.ke and the City f Virginia Beach r.g.rding th. .ainten.nc. of the Less Secure D.t..tion Hom. - Unit F..r; and futher auth.ri.ed th. City Manager t. ex@.ut. the agr..m.nt on b.h.If f the City, thi. i. located in the City f Virgini. Be.@h: THIS AGREEMENT, M.d@ thi. - d.y of 197 by nd b@t@... LI,. CITY OF CIIESAPEAKE, h@@@i@@ft@r RGINIA BEACII, h.r r.f.rred to a. Che@p@.ke, ..d th@ CITY OF VI in.fter r.ferred to s Virgi@ia B@-@ll, botl, f I,ich re mu.icipal corp.r.tio.. of th. Co-on@@.Ith of Virgini.. WHEREAS, a tempor.ry juv.nile d.t@.tion f.@ility owned by Virigi.ia B@.ch k..,,. .. tl@c L@.. Se@.r. Det.@tion flo@. - U@it Fo.r, i. p@ese.tly b@ing p-at@d t 4692 R@ .... ti-- Dri@., Virgini. Bea@,, Virgini., ],y th@ Tid.@,,t.r Dot@@ti.n 11 ... ;.@d WHEREAS, Ch ... p@.k. I... ..... @d .11 the right. a.d obliga- ti on. of th. Tid@w.t@' D@t,.ti.@ ii.m@, in@l.ding th. op.r.ti.n of ..id Unit Fo.r f.cility, @.d b.th p.rti.@ h@r@to d@@ir@ th.t Ch ... peak. @ontinu. u@h p.r.ti.. o. tl,. am. b.si. pr.- li...Iy .@j@--,Ik@n by tl,, Til@w@t.r D@t@.ti.n tio..; NOW, TUIEROFORE, TIIIS AGIZEEMr@N'P WITNII.SSETII: T h.t f.r and i@ consid.r.ti.. o,' th. m.t..l co@ .... ts .,,d gr@.@.nt. @o.t@ined herei@, the p.rti.. h@r@t. gr.. .. f.llow.: 1. Che..peak. gr@.. to p.r@t. . j.@enil@ det.ntion rty o@ned by Virgi.ia B@.ch I.C.ted at 4692 facility t prop Re@re.tio. Dri@@., virgini. virgi.i-, in , m.nn.r simil.r to that pr.,io..ly @o.d@@t.d by th@ Tid.@.t@r Detentio. H.M. and h.11 pro@id. ..it.bl. @.r@ .@d d@t@nti.@ f j .... il@@ pl.c@d @ith it by p.rti,.ip.ting 1.@.litie.. Ch ... P..k@ h@ll provide staff and s.pplies f.r ..ch facility. 2. Ches.p,.k, :31,@ll b, r@.po.--ibl. for normal @@ar nd tear of the f.cility, in@luding all non-Stat. rci@.rs..bl. ii interior maint.n,,n@@ it@m.. virginia B@.@h h.11 b@ @@,po@.ibl. for the maint.nance f the ground. nd e.terior of the str.@ture, including utility building.. ch ... pcak. h.11 have th. right to make interior i@@prove.cnts and modification. with prior approval of Virginii Beach. Upon liotification of such proposc d f4 improvements, Virginia Beach may furnish labor for such improve- ments or repairs as are necessary. shall continue in full force and effect 3. This agreement until terminated by either party upon 60 days' written notice to the other of an intention to terminate. This agreement was authorized by resolution duly adopted by the Chesapeake City Council on 197_, and by resolution duly adopted by the Virginia Beach City Council on 197_. WITNESS the following signatures and seals: CITY OF CHESAPEAKE Bv City Manager ATTEST: City Clerk CITY EACH ger ITEM #10417 On motion by Councilman Waterfield, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor 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 a certain agreement relating to Installation and Maintenance of Observation-Well Instrument and Appurtances on Certain Property, located at Creeds Air Field: The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administra- tion Building on the day of 19 On motion by @/1@ and seconded by the following Resolution was adopted., A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT RELATING TO INSTALLATION AND MAINTENANCE OF OBSERVA- TION-WELL INSTRUMENT AND APPURTANCES ON CERTAIN PROPERTY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the city manager and the City Clerk are hereby authorized to execute an agreement, a copy of which is attached hereto relating to installation and maintenance of observation-well instrument and appurtances on certain property. ADOPTED by the Council of the City of Virginia Beach, Virginia, this l,,/@l-day of 19 APPROVED: AC@REEI-I'CIIT FO', it"'ITALLA'i'lOt4 Al@f) l@Al:@TE@@il,,C@ OF PrOPF.R'fY THI ay cf 1 97 by and bereir.7f-ter ca])F-d Liceiisor. and Bure d Field Studies, Virginia Sta'le Wz:'cer C:)n"rol Board, hereinal-tcr called Licensec,-. WITNESSETII.: 1) Licensor, for and in consideration, given in hand, of the faithi@til per- formaiice of Licensee of all co-venants and conditicns hc,-rein set forth, hereby igrees to the placement, maintenance and use of a ground-%,@ater lt;vels recor(ler cor,L3ined, unless existitig flousina is available, ir, a recorder house measuring approxirratc@ly 32" x 11/20" x 36", hereinafter rc- ferred to as "struc:ture", by the Licen5ce upon ard over the property of the Liccnscr as described in Paragraph 2 hcreof, and the Licensor grants tlie i-ight of i@)gress to and egress from the said structure and property describc:d herein. 2) The said structure sl)all be located at North East, Virginiii Plane Coordinate S County, Virginia. 3) The said structure and appurtenances thereof shall be maintained in a good, safe and viorkman-like m-@nner. 4) Any alterat;ons, maintenanc'e or relocation o,, such structure shall be perforLied or)ly by ti@e Licensee. 5) Licensor shall exercise reasonable care to see that the structure is not damaged or dislocated bv hirn. 6) The said instrumert@, seructure and appurtenances and all equipment and tools for the maintenance and use thereof placed in or upon Licensor's property at a t)lace indicated in paragr@]p@ 2 herein shall remain thc property of the Licensee and riay be removed by the Licensee at its ok..'n cost,and expense at any time during the life of the agreenent or any renewal thereof, or within 90 days after the expiration of this agree- ment or retie@-iol thereof, or within a reasonable tirr-e fron date of re- ceiving written notice from the Licensot- to change the location of said structure and appurtenances or any part thereof, upon the Licensor's property. Upon removal or relocation of said strl-cture and appurtenances the Licensee shall restore, as nearly as possible, -he Licensor's prop- erty to the sarie state and condition eyisting prior to the installation of said instrument, structtire and appurtenances. 7) This agreerent shall become effective on the dav and year first above written, and shall continue in full for--c and e@fect until terminated r Licensor or Lice@.see at any time on 60 days written notice. LICENSI ICENSEE: 13Y y Title it I e Bu rea u o f S u r ve i I I an ce an d F i e I d S t u d i e s Virginia State Wit@r r@ntr,)l R@erd AN ORDINANCE TO ACCEPT $290,000 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the amount of $290,000 in grant funds from Southeastern Tidewater Area Manpower Authority be accepted and appropriated for purposes stipulated in the Comprehensive Employment Training Act, Title VI. This grant is 100% federal funds and no local match is required. That this grant be accepted and appropriated contingent upon final approval from the Federal Department of Labor. First Reading: Second Reading: Adopted by the Council of the City of Virginia Beach on the day of 1977. ITEM #10418 on motion by Vice Mayor Standing, seconded by Councilman Ivaterfield, and by recorded vote as follows: Ayes: councilmen John A. Baurn, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liollandi J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved standard water and sewer agreements for Expressway Business Park, in the Bayside Borough of the City of Virginia Beach. ITEM #10419 On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Bingo/Raffle permits: Aragona Community Recreation Center, Incorporated - Renewal Aragona Village, Loyal Order of Moose, Lodge #1198 - Renewal Bayside High School Band Parents Asr-,ociation - Renewal -lertoma Clul:) of VI-rginia Beach, Atlantic Z,arbor '-Ieacon, @-'- Circle of the Kings Daughters - Renewal ITELI il@10420 On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilman Robert B. Cromwell, Jr. Absent: None City Council voted to approve on first reading the following ordinance to accept $290,000 from the Southeastern Tidewater Area Manpower Authoritv f3.n(I tn qnnr ... i@l-@ +I,--- ITEM #10421 Mr. Rhys Kear, Planner, appeared before Council regarding Section 8 housing, which is a component part of the liousing and Community Development Act of 1974 (P.L. 93-383). Mr. Kear stated that Section 8 replaces several of the federal housing programs initiated in the 1960's and serves an an omnibus housing bill for a variety of housing financing mechanisms. Section 8 also provides the following" 1. A rental subsidy to the tenants of participating housing complexes, rather than subsidizing the developer's mortgage interest rates. 2. Previously, under Programs such as 235 and 236, FHA would subsidize mortgage interest rates for developers of approved housing complexes, and thus enable the developer to reduce rental rates to occupying tenants. 3. Serves as a financing mechanism for several federal mortga@,e insurance programs. 1 4. Section 8 Rental Subsidy Program can also be used by developers in tandem with FHA mortgage insurance programs and HUD loan programs--such as Section 202 loans for elderly housing projects developed by non- profit sponsors. 5. Some Section 8 monies are distributed to the Virginia Ilousing Development Authority for use in its housing programs. Mr. Kear further stated that the for past two years, the Southeastern Virginia Planning District Commission member jurisdictions have been developin-. housing assistance goals on an individual basis, and because of changing HUD perspectives and a significantly decreased Section 8 allocation for this fiscal year, the jurisdictions (at the technical committee level) decided to develop a regional Housing Assistance Plan: a. It reduces the staff work load significantly by utilizin, a common approach and data (HUD reviews localities in a regional context). b. It enables member jurisdictions to participate in potential bonus allocations of Section 8 units. Mr. Kear stated that there are several developers who are capable of assisting housing proposed for this City. 1. Fralin and Waldron from Roanoke, Virginia, applied jointly to IIUD and VHDA for 300 units of General Occupancy housing and 150 units of elderly housing - both in the Green Run PUD. 2. The Gene B. Glick Company has applied for 200 General Occupancy units in the Broad Meadows, Bayside, area. The staff would like to accommodate these interested parties, given the fact that private industry is willing to supply the units and given the need that has been previously stated. Mr. Kear stated that the staff requests the Council to endorse the approach chosen to fulfill the need for housing assistance and directives of the Block Grant Program, and further request Council to authorize the City Nlanager to endorse the housing assistance goals to IIUD and incorporate the goal into the City's Block Grant Application for Fiscal Year 1977-1978. The City Manager stated that the purpose of this presentation was to give the Council an indication of the work the Planning Staff and the Grants Staff have done on the Comrqunity Developnient Grants Act. After this presentation to Council it will be the staff's intent to go to the various neighborhoods again to get ideas from residents concerning housing deficiency and to study them further. This presentation is in line with the proposals made by the Virginia Beach Tomorrow Program and housing needs are being recognized and coped with by the municipal government and to encourage private development for such supplemental housing needs. The City @danager further stated that he is not sure of the exact amount the Federal Government would be authorizing to Virginia Beach as far as low income rental units under the Section 8 Housing Code. ITEM #10422 Mayor Holland requested the ordinances on water and sewer, which were prepared by the City Attorney's office, be brought back to Council on February 7, 1977. Vice Mayor Standing requested the City Attorney to begin, immediately, prosecuting those residents who have not hooked up within the three year limitation for connection to public facilities. Councilman Cromwell requested the City Manager to prosecute those residents that have had water and/or sewer lines in front of their homes the longest. ITEI,l #10423 Mayor Holland stated that Council received a letter from Delegate Glenn McClanan regarding his uncertainty over a request from Council for a charter chaiige. ITEM #10424 Councilman Riggs read the following resolution: R E S 0 L U T I 0 N WIIEREAS, on January 22, 1977, the Virginia Beach Volunteer Fire Department held its annual "wingding"; and WHEREAS, one of the events was a twist contest; THEREFORE, BE IT RESOLVED, that the City Council does congratulate our City Manager and his lovely wife, Diana, for being the winners of the aforesaid contest, and requests that the Manager give the Council a full demonstration of his winning form. ITEM #10425 Councilman Griffin requested information as to the legality of drafting an ordinance requesting display advertising not be lighted from 12:00 Midnight to 6:00 a.m. Councilman Griffin further suggested that the Virginia Beach Chamber of Commerce be requested to give consideration to asking store owners, etc., to cut their hours of operation in order to conserve electricity. ITEM #10426 On motion by Councilman Cromwell, seconded by Councilman McCoy, and by unanimous vote, the meeting adjourned. Richard J. Webbon, City Clerk Clarence A. Holland, May City of Virginia Beach, Virginia January 24, 1977