HomeMy WebLinkAboutMAY 10, 1976 MINUTES
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 10, 1976
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, in the Borough of Princess Anne, 0)1 Monday, May 10, 1976,
at 2:00 p.m.
The invocation was given by the Reverend George V. Puster, Princess
Anne Methodist Church, Virginia Beach, Virginia.
Councilmen present: c;hn A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mc'.' ,H George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J.
. Curtis Payne, Patrick L. Standing, ànd Floyd E. Waterfield, Jr.
Councilmen absent:
None
ITEM #9605
On motion by Councilman Callis, seconded by Councilman Gardner,
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,
J o11n R. Gri ffin, Clarence A. Hall and, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
.None
City Council approved the minutes of the regular meeting of May 3,
1976, and dispensed with the reading of said minutes inasmuch as
each Councilman had a copy of the subject minutes before him.
ITEM #9606
On motion by Councilman Callis, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, JT~, 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 on second reading the low bid of Luke Con-
struction Company, Incorporated, in the amount of $145,820.00 for
Birdneck Point Sanitary Sewerage Facilities (Pumping Station),
Contract III; and further authorized the City Manager to execute
the necessary documents for implementation of the project.
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ITEM #9607
On motion by Councilman Gardner, seconded by Councilman Holland,
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, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
I J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent:
None
City Council approved on second reading an appropriation in the
amount of $209,500, from line fees, for the purpose of making
payments to Hampton Roads Sanitation District Commission.
ITEM #9608
.On motion by Vice Mayor Ferrell, seconded by Councilman Baum, and
by recorded vote "as follows:
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Ayes: Councilmen,John 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
I Ci ty Council approved on second reading the extension of sewer
service on North Landing Road from Princess Anne Road to Holland
Road. The engineering work and construction can be done by the
Public Utilities Department under the Small Projects Contract at
an estimated cost of $33,900.
ITEM #9609
On motion by Councilman Gardner, 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, 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 on second
City Manager to submit a budget
and Crime Prevention to allow a
the "Personnel" category to the
is involved.
reading the authorization to the
amendment to the Division of Justice
transfer of $9,630 in DJCP funds from
"Equipment" category. No local funding
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ITEM #9610
The following bids were received for thè construction of 21 tennis
courts at three separate locations within the City:
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Asphalt Roads and Materials
Co., Inc. (Hot Mix)
T. E. Ritter (Hot Mix)
$l64,S99.20
l77,SOO.OO
Van Sumner, Inc. (Cold Mix)
Verona Paving Corp. (Hot Mix)
179,246.00
lSl,960.00
On motion by Councilman Callis, seconded by Councilman Baum, 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, 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 on second reading the low bid of Asphalt Roads
and Materials Company, Incorporated (for the Hot Mix), in the amount
of $164,S99.20, for the construction of 2l tennis courts at three
Iseparate locations ~ithin the City of Virginia Beach.
ITEM #9611
Petition of yanguard, Inc., for a C~an~ of Zoning District Classification
from R-5 Residential District to 0-1 Office District on certain property
located at the Northwest intersection of Laskin Road and Cardinal Road,
running a distance of 652.41 feet along the North side of Laskin Road,
running a distance of 263.91 feet along the Western property line, running
a distance of 664.24 feet along the Northern property line and running a
distance of 152.28 feet along the West side or Cardinal Road. Said parcel
contains 2.8 acres. (Birdneck Area). LYNNHAVEN BOROUGH.
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Planni.ng Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for the
motion ;:¡nd 1 ;:¡f)¡:::'f:'!'>ntion to ;:¡nnrnvQ_thi,¡::_rol11"'H~t:-
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For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
Il.
2.
3.
4.
Standard site improvements as required by the Site Plan Ordinance.
City water and sewer.
No future median crossovers will be permitted alqng Laskin Road.
A 15 foot wide buffer will be required along the rear property line to
provide for the privacy of future homeowners to the north. .
All lighting is to be directed away from the adjacent residential district.
5.
. Further. this Ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the ap-
plicant that the official change on the ~oning maps will not be made until the
following conditions are satisfied:
A dedication of rtght-of~way 70 feet
existing 120 foot right-of--way along
Laskin Road (a 10 foot dedication).
Mr. Richard S. Browner, Land Planner,
and requested a one week deferral.
from the centerline of the
the 652.41 foot frontage on
appeared regarding this petition,
On motion by Councilman Gardner, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Hawn, 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.
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Nays:
None
Absent:
None
City Council voted to defer one week the above petition of Vanguard,
Incorporated, for a Chan~~:f....!~.oniEZ..J2istri_~t Classification from
R-S Residential District to 0-1 Whee District on certain property
located at the Northwest intersection of Laskin Road and Cardinal
Road running a distance of 652.4l feet along the North side of Laskin
Road, running a distance of 263.91 feet along the Western property line,
running a distance of 664.24 feet along the Northern property line and
running a distance of 152.28 feet along the West side of Cardinal Road.
Said p arce 1 contains 2. 8 aCT¡;; 5 . (Bi rdne ck Are a). Lynnhaven Borough.
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ITEM #9612
On motion by Councilman Griffin, seconded by Coc :ilman Gardner, 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, 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 on second reading the agreement between the
Virginia Department of Highways and the City of Virginia Beach
covering construction and maintenance of Great Neck Road, Phase I
(a distance of 3.340 miles, north of Route 58 and Shorehaven Drive).
ITEM #9613
. Mr. Starr Cromwell appeared in favor of the closure ordinance.
The following appearè'd in opposi tion to the closure ordinance:
Mrs. Jean Cardle, representing Alanton Civic League
Mr. John Foile, Treasurer of the North Alanton Civic League
Councilman Standing made a motion, seconded by Councilman Gardner, to
defer for two weeks the ordinance closing, vacating and discontinuing
a 525', more or less by 100', more or less, portion of First Colonial
Road in the Lynnhaven Borough of the City of Virginia Beach, with the
stipulation that the City departments come back to Council with a
recommendation on the desi~n of the intersection of Mill Dam Road and
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First Colonial Road.
Councilman McCoy offered a substitute motion, seconded by Councilman
Griffin,'to deny the ordinance closing, vacating and discontinuing a
525', more or less by 100', more OT less, pertion of First Colonial
Road, in the Lynnhaven Borough of the City of Virginia Beach. The
recorded vote on the substitute motion is as follows:
Ayes: Councilmen Robert }!. Callis, Jr., John R. Griffin, J. Henry
McCoy, Jr., and Floyd E. Waterfield, Jr.
Nays: Councilmen John A. Baum, Vice Mayor George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, Mayor J. Curtis Payne, and Patrick L.
St anding
Abstain:
Councilman Robert B. Cromwell, Jr.
Absent:
None
The above motion was lost,
ITEM #96l3(a)
City Council then voted on the main motion which was to defer for
two weeks the ordinance closing, vacating and discontinuing a 525',
more or less by lOO', more or less, portion of First Colonial Road,
in the Lynnhaven Borough of the City of Virginia Beach, with the
stipulation that the City departments come back to Council with a
recommendation on the design of the intersection of Mill Dam Road
and First Colonial Road. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Vice Mayor George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, Mayor J. Curtis Payne, and Patrick L.
Standing.
Nays: Councilmen Robert H. Callis, Jr., John R. Griffin, J. Henry
McCoy, Jr., and Floyd E. Waterfield, Jr.
Abstain:
Councilman Robert B. Cromwell, Jr.
Absent:
None
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City Council voted to defer for two weeks the following ordinance closing,
vacating and discontinuing a 525', more or less by 100', more or less,
portion of First Colonial Road, in the Lynnhaven Borough of the City of
Virginia Beach, with the stipulation that the City Departments come back
to Council with a recommendation on the design of the intersection of
Mill Dam Road and First Colonial Road:"
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AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A 525', MORE OR LESS
BY 100', MORE OR LESS, PORTION OF
FIRST COLONIAL ROAD, IN LYNNlffiVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA
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WHEREAS, proper notice that Starr Cromwell would make application
to the City Council of the City of Virginia Beach on March 22,1976,
to have the hereinafter described street closed, vacated and discon-
tinued as a public street of the City of Virginia Beach, was duly
posted at the Courthouse of the Circuit Court of the City of Virginia
Beach, Virginia, on the 8th day of March, 1976, and at two public
places in the City of Virginia beach; and
WHEREAS, said application was made to the Council and pursuant
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to the statutes in such cases made and provided the Council, on
March 22, which \iaS more than ten days after said posting of said
notice, a~pointed
and
as viewers to view said street sought to be closed, vacated and dis-
continued and to report in writing whether in their opinion, any, and
if any, what inconvenience would result from discòntinuing the same,
and said viewers have made said report to the Council by their
letter dated
; and
WHEREAS, the land proprietor affected thereby, along said
street proposed to be closed is the only adjoining land owner on
said street and consequently the only person affected by said
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closure; and
WHEREAS, the Planning Commission. has recommended this street
be closed, vacated and discontinued; and
WHEREAS, it is the judgment of the Council that the said street
should be closed, vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
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Section 1,
That a certain str~et located in Lynnhaven Borough,
City of Virginia Beach, as hereinafter described, is hereby closed,
vacated and discontinued as a public street of the City of Virginia
Beach, said street not being needed for public use and travel:
All that 525 feet, more or less; of what was
formerly First Colonial Road and lying south
of First Colonial High School the width of
that portion of said First Colonial Road sought
to be closed being 100 feet, more or less,
running westwardly from the formerly eastern
boundary of First Colonial Road, as shown
marked in red on Plat of Baldwin and Gregg,
Engineers, Surveyors and Planners, dated
May 1, 1973; and said portion of road proposed
to be closed lies in Lynnhaven Borough of
the C~ty of Virginia Beach.
Section 2,
That this ordinance shall be in effect from
and affër" thirty days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
day of
,1976.
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Petition of Roy L. DeHart for a Change of Zoning District Classification
from. AG-l Agricultural District to B-2 Community Budness District on cer-
tàin property located at the Northeast corner of Salem Road and Landstown
Road running a distance of 516.56 feet along the North side of Landstown
Road) running a distance of 797.66 feet along the Eastern property line,
running a distance of 424.58 feet along the Northern property line and run-
ning a distance of 800 feet more or less along the East side of Salem Road.
Said parcel contains 9.2 acres. (Green Run F~rm Area). PRINCESS ANNE
BOROUGH.
Planning Commission Recommendation:
I A motion was passed by the Planning Commission by a recorded vote of 10 for
the motion and 1 against to deny this request as it conflicts with the Princess
Anne Development Plan \-lhich recommends agricultural use for this property and
the proposed zoning is premature for this rurdl area'of the City.
The City Clerk read a letter from Mr. Ansell, Attorney, representing
the application of Roy L. DeHart, requesting a 60 day deferral.
On motion by Vice Mayor Ferrell, seconded by Councilman Callis, 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, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patiick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
\
None
Absent:
None
City Council voted to defer for sixty (60) days the above petition
of Roy 1. DeHart for a Change of Zoning District Classification from
AG-I Agricultural District to B-2 Comuunity Business District on cer-
tain property located at the Northeast corner of' Salem Road and Landstown
I Road running a distance of 516.56 feet along the North side of Landstown
Road, running a distance of 797.66 fe"et along the Eastern property line,
running a distance of 424.58 feet along the Northern property line and
running a distance of 800 feet more or less along the East side of Salem
Road. Said parcel contains 9.2 acres. (Green Run Farm Area). Princess
Anne Borough.
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ITEM #96lL______---
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Petition of Nottingham (,. Burns Partnership for a Change .9i.. Zordn..ß.. District Classi-
fication from AG-l Agricultural District to R-8 Residential Djstrict on certain prop-
erty beginning at a point 1945 feet more or less North of Dam- Neck Road on the
West side of Oceana Boulevard, running a distance of 3987 feet more or less along
the Northern property line, running a distance of 2962 feet more or less along
the Western property line, running a distance of 3979 feet more or less along the
Southern property line, and running a distance of 1809 feet more or less along
the Eastern property line of which 430 feet is the West side of Oceana Boulevard.
Said property is located North of the Virginia Electric and Power Company Right-
of-Way and contains 112.53 acres. Plats with more detailed information are avail-
able in the Office of the Department of City Planning. (Red Wing Park Area). PRIN-
CESS A~~E BOROUGH. (Modified from A-I Apart~e~t Di~trict to R-8 Residential District).
Planning Co~~ission Recommendation:
I A motion was passed by the Planning Commission by a recorded vote of 7 for the
motion and 4 against to approve this request.
For the information of the applicant) prior to the issuance of a building ~ermit,
the following will be requit'ed by the administrative staff:
1.
2.
3.
4.
Standard site improvements as required by the Site Plan Ordinance.
City water and sewer.
A pump station will be required for sewer service.
The developer will be required to make improvements as necessary to all
downstream structures in the drainage system and provide drainage ease-
ments (both on-site and off-site).
Provide bypass lanes and .turn lanes as necessary on Oceana Boulevard.
Improve Rufian Road with a 30 foot asphalt section from Oceana Boulevard
to General Booth Boulevard.
Provide traffic signals as deemed nec~ssary by the Director of Community
Services.
Provide fully improved public rights-of-way with adequate street ties to the
north, west and south.
S.
6.
7.
8.
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Further, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official change on the zoning'maps will not be made until the
following conditions are satisfied:
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Mr.
A dedication of right-of-way 45 feet from the centerline of the
existing 50 foot right-of-way along the 430 foot frontage on
Oceana Boulevard (a 20 foot dedication). '
Grover C. Wright, Jr., Attorney, represen~ed the petitioner.
Mr. William R. Wahab, Attorney, appeared in opposition.
On motion by Councilman Waterfield, seconded by Councilman Baum,
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, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
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Nays:
None
Absent:
None
City Council voted to deny the above petition of Nottingham and
Burns, Partnership, for a Change of Zoning District Classification
from AG-I Agricultural District to R-8 Residential District on cer-
tain property beginning at a point 1945 feet more or less North of
Dam Neck Road on the West side of Oceana Boulevard, running a distance
10f 3987 feet more or less along the Northern property line, running a
distance of 2962 feet more or less along the Western property line,
running a distance of 3979 feet more or less along the Southern pro-
perty line, and running a distance of 1809 feet more or less along
the Eastern property line of which 430 feet is the West side of Oceana
Boulevard. Said property is located North of the Virginia Electric and
Power Company Right-of-Way and contains 112.53 acres. Plats with more
detailed information are available in the Office of the Department of
Planning. (Red Wing Park Area). Princess Anne Borough.
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ITEM #96l6
Petition of the Breeden Company, Inc., for a Ch~nge of Zoning District Class-
f!cation from R-S Residential District to B-2 Community Busilless District on
certain property located at the Northwest intersection of Trevor Road and Old
Great Neck Road, running a distance of 301.19 feet alQng the North side of
Trevor Road, running a distance of 1306 feet more or less along the Western
property line, running a distance of 269 feet more or less along the Northern
property line (Southern waterline of Wolfsnare Creek), running a distance of
950 feet more or less along the West side of Great Neck Road and running a
distance of 453 feet more or less along the West side of Old Great Neck Road.
(Deerwood Traçe Area). LYNNHAVEN BOROUGH.
I Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
of 12 to deny this request as the proposed zoning conflicts with the Great Neck
Development Plan which recommends residential use for this property at a density
ofl-6 dwelling units per acre and it was felt that approval of this petition
would encourage strip commercial development along Great Neck Road.
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Mr. Donald H. Rhodes, Attorney, represented the petitioner.
. 'The following appe ared in oppos i tion:
Mr. John Seredynski, Point-O-Woods Civic League
Mr. Fred Holloman, Deerwood Trace
Mr. Kenneth Brown, property owner
Mr. Bob Mitchell, Deerwood Trace
On motion by Councilman Griffin, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen 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:
Councilmen JohnA. Baum, and Robert H. Callis, Jr.
Absent:
None
City Council voted to refer back to the Planning Commission the
above petition of the Breeden Company, Incorporated, for a Change
of Zoning District Classification from R-S Residential District
to B-2 Community-Business District on certain property located at
thB Northwest intersection of Trevor Road and Old Great Neck Road,
running a distance of 301.19 feet along the North side of Trevor
Road, running a distance of 1306 feet more or less along the Western
property line, running a distance of 269 feet more or less along the
Northern property line (Southern waterline of Wolfsnare Creek), runn-
ing a distance of 950 feet more or less along the West side of Great
Neck Road and running a distance of 453 feet more or less along the
West side of Old Great Neck Road. (Deerwood Trace Area). Lynnhaven
Borough.
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ITEM #9617
I Application of Hubert S. and l-!ilry T. Hon-isette for a Cond~tional Use Permit
for an adult care center on certain property located at the Northeast corner
of South Lynnhaven.Road and Pritchard Road, running a distance of 145.9 feet
along the North side of South Lynnhaven Road, running a distance of 702.41
feet along the East side of Pritchard Road, running ~ distance of 143.7 feet
along the Northern property line and running a distance of 723.54 feet along
the Eastern property line. Said parcel contains 2.39 acres. (Washington
Park - Doyletown Areas). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
, of 10 to approve this reques t.
For the information of thê applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
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6.
7.
Standard site improvements as required by the Site Plan Ordinance.
City water and sewer.
Provision of an adequate storm drainage outfall.
Provision of 1 parking space per 4 beds.
Revision of the site plan to conform with all requirements in the R-S
Residential District.
A maximum limit of 100 beds.
A dedication of right-of-way 25 feet from the centerline of the existing
variable right-of-way along the 702 foot frontage on Pritchard Road (a
10 foot dedication).
1.
2.
3.
4.
5.
COUNCILMEN CALLIS, CROM\IfELL AND WATERFIELD LEFT CHAMBERS
Mrs. Mary T. Morrisette appeared regarding this application
On motion by Councilman Griffin, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Hayor George R. Ferrell, Charles
W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr.
Mayor J. Curtis Payne, and Patrick L. Standing
Nays:
None"
Absent: Councilmen Robert H. Callis, Jr, Robert B. Cromwell, Jr.,
and Floyd E. Waterfield, Jr.
City Council approved the following resolution upon application of
Hubert S. and Mary T. Morrisette for a Conditional Use Permit for
an adult care center:
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RESOLUTION UPON APPLICATION OF HUBERT
S. fu~D MARY T. MORRISETTE FOR A CON-
DITIONAL USE PERMIT FOR AN ADULT CARE
CENTER
RO576060
Be it ordained by the Council of the City of Virginia Beach,
Virginia, that:
I Application of Hube rt S. and Mary T. Morrisette for a Condi tional
Use Permit for an adult care center on certain property located at
the Northeast corner of South Lynnhaven Road and Pritchard Road,
running a distance of 145.9 feet along the ~orth side of South Lynn-
haven Road, running a distance of 702.41 feet along the East side of
Pritchard Road, running a distance of 143.7 feet along the Northern
property line and running a distance of 723.54 feet along the Eastern
property line. Said parcel contains 2.39 acres. (Washington Park-
Doyletown Areas). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a build-
ing permit, the following will be required by the administrative staff:
Standard site improvements as required by the Site
Plan Ordinance.
. "
I.
2.
3.
4.
s.
I 6.
7.
City water and sewer.
Provision of an adequate storm drainage outfall.
Provision of one parking space per four beds.
Revision of the site plan to conform with all require-
ments in the R-5 Residential District. '
A maximum limit of 100 beds.
A dedication of right-of-way 25 feet from the centerline
pf the existing variable right-of-way along the 702 foot
frontage on Pritchard Road (a la-foot dedication).
,..
I
I
ITEM #9618
Resolution of the Council of the City of Virginia Beach to amend and reordain
Article 1, Section 107 (a) of the Comprehensive Zoning Ordinance pertaining to
amendments. More ~etailed inforu~tion is available in the Department of Planning.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote of
11 to approve ~his request.
On motion by Vice Mayor Ferrell, seconded by Councilman Gardner, and
by recorded vote as follows:
~yes: Councilmen John 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
I J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent:
None
City Council approved the following ordinance to amend and reordain
Article I, Section 107(a) of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, relating to amendments:
I
t,
~;
Ì' '
¡ ,
" I
, I
-'-~'---'-'-"- "---,.--.. '" ."..-..
, . r
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION lO7(a) OF THE
COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF VIRGI~IA BEACH
RELATING TO AMENDMENTS
I
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section lO7(a) of the C.Z.O. is amend and reordained as follows:
107. Amendments
(a)
Initiation.
. '"
Whenever the public necessity, convenience, general welfare,
or good zoning practice require, the City Council may by
Ordinance, amend, supplement, or change the regulations, dis-
trict boundaries, or classifications of property. Any such
amendment may be initiated by resolution of the City Council,
or by motion.of the Planning Commission, or by petition of any
property owner addressed to the City Council. In the latter
case, the petition shall te addressed to City Council but shall
be filed with the P+aRR~R§ Qeßa~tffieRt; aRå åeeffieà te Raye BeeR
f4teå W4tR 64ty €e~R€4+; aRå t~aRsffi4tteè te tRe P+aRA4A§ €effi-
ffi4ss4eR Director of Planning. If a request for a change in prop-
erty classification does not show that the proposed classifica-
tion complies with all applicable rules and regulations of this
ordinance, then the Director of Planning shall reject such re-
quest and return the petition and accompanying fee forthwith to
the petitioner. If the requested change in property classifica-
tion complies with the applicable rules and regulations of this
ordinance, then the director shall transmit the petition to the
Planning Commission for recommenáation. However, nothing herein
shall prohibit the director from accepting a petition if an ac-
. companying application is pending before any public agency, and
if approval of the accompanying application would bring the sub-
ject into conformity with all applicable regulations. Any appeal
to the decisions of the Planning Director may be made directl~
the City Mana~
I
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth
day of
May
, 1976. APPRO)l,ED AS TO co,mmr
, /7./ - -. -1--",
ITEM #96l9
Resolution of the Council of the City of Virginia Beach to amend and reordain
Article 2, Section 220 (c) of the Comprehensive Zoning Ordinance pertaining to
procedural requirements for special use p~rmits. More detailed information is
available in the Department of Planning.
I Planning Commission Recommendation:
A'motion was passed unanimously by the Planning Commission by a recorded vote
of 11 to approve this request.
On motion by Councilman Callis, 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, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
.J. Curtis Payne, Pat ri ck L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
City Council approved the following ordinance to amend and reordain
Article 2, Section 220(c) of the Comprhensive Zoning Ordinance of the
City of Virginia Beach, Virginia, relating to procedural requirements
. e ermits:
I
AN ORDINANCE TO AMEND AND REORDAIN
AR TICLE 2, SECTION 220(c) OF THE COM-
PREHENSIVE ZONING ORDINANCE .OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, RELA T-
ING TO PROCEDURAL REQUIREMENTS FOR
SPECIAL USE PERMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
"
That Section 220(c) of the C. Z. O. is amended and reordained as follows:
220.
Procedural Requirements
I
(c) Action by the Planning Director. The Planning Director
shall study the application and shall confer with pertinent
city agencies to determine whether the proposed conditional
use conforms to the general purpose and intent of the
developme nt plan, aRà-any applicable re gulations wh4€R
that have been adopted, and to- the requirements of this
Ordinance. Upon cornpletion of such review, if the
P-laRRin-g- dire ctor shall dete rmine that any Rl'oposal in
the application doe s not mee t the requirements of this
Ordinance, he shall reject the application and return it
forthwith, with its accompanying fee, to the applicant.
If the application does meet the requirements of this
Ordinance, the director shall transmit all the findings
and recommendations of the city agencie s to the Planning
Commission. However, nothing her~in shall prohibit
the director from ac_cepting a conditional use permit
application if an accompanying application is pending
before any public agency, and if aP:REoval of the accompa~-
ing application would bring the subject into conformity with
all applicable regulations. Any appeal to the decision of the
Planning Director may be made directly to the City Manager.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
"
day of
May
. 1976.
APPRO"- [) AS TO CONT~
I
SIGN URE
~
->/~t
.. --
ITEM #9620
On motion by Councilman Gardner, seconded by Councilman Griffin, and
by recorded vote as follows:
I Ayes: Councilmen John 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 FIßyd E. Waterfield, Jr.
Nays:
None'
Absent:
None
City Council approved the following ordinance to amend Article V of
Chapter 2 of the Code of the City of Virginia Beach, Virginia, by
adding a new section pertaining to auxiliary police:
AN ORDINANCE TO AMEND ARTICLE V OF
CHAPTER 2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
ADDING A NEW SECTION PERTAINING
TO AUXILIARY POLICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
I
That Article V of Chapter 2 of the Code of the City of Virginia Beach,
Virginia, is amended by adding thereto the following section:
Section 2-
. Auxiliary police; number authorized; rules and regulations.
The Chief of Police is hereby authorized to appoint auxiliary police
officers, as he deems necessary, not to exceed ninety in number. The Chief of
Police, with the approval of the City ~1anager, shall make rules and regulations
concerning the operation of the auxiliary police officers, their uniforms, arms,
other equipment and training.
I
Adopted by the Council of the City of Virginia Beach, Virginia, on the
10
day 0 f
May
, 1976.
T" ....
ITEM #9621
On motion by Councilman Callis, seconded by Councilman Holland,
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, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: None
City Council approved on first reading the following ordinance to
amend and reordain Chapter 36 of the Code of the City of Virginia
Beach, Virginia, pertaining to Virginia Beach Farmer's Market:
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 36 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PER-
TAINING TO VIRGINIA BEACH FARi'1ER ¡ S
MARKET.
,,'
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 36 of the Code of the City of Virginia Beach, Virginia, be
amended and reordained as follows:
I
ARTICl.E I. IN GENERAL
Section 36-1..
Definition.
For the purpose of thi s chapter, the \'Jord lima rket!' shall be tá ken tn mean
liThe Virginia Beach Farmer'..~ ~1arket", as .;:;:.tab!ished by s,'ction 36-;.'.
r,-u
r
Section 36-2.
Establishment; designation; location.
There is hereby established a market: to bt~ knol'm and designated as nTh\?
Virginia Beach Farmer's Market," to beiocated on a certain tract of land contïdning
J
eleven acres, more or less, situate at
--'.------..--..--"..."--"--,.,-",-,,--.,,,.----..-.-.----------. -."---"'" "... ".....-...'--"-------..-
intersection of Princess Anne and Landstown
Roads.
Section 36-3.
Rules and regulations for use of market.
The Division of Markets is hereby authorized to adopt ru1es and regulations
I governi ng the use ~he market, wh i c h ru 1 es and reg" 1 at ions sha 11 be s ubj oct to the
approval of the city manager.
Section 36-4.
Prerequisites to sale, etc.. of farm or domestic food products.
No person shall sell or offer farm or domestic food products for sale in
the market until he has paid the requil'ed ren~~"Jee_,~_'l9."._~.?.!_~d~~ agreement to the
market rules and regulations.
Section 36-5.
Rental charges for stalls, etc.; rental periods.
Rental charges for stalls, spaces, or places in the market shall be as follows:
(a)
Enclosed retail (20. x 241
I
I
I
Covered retail (10' x 241) - $10.00 per week, or $2.00 per day,
(b)
(c) Enclosed wholesale (20' x 24') - $30 per week,
(d) Covered wholesale (10' x 24.~.L.:J1Q.9D~wee~or $2,00 per~,
(e) Uncover_ed..,.lOpen A i,,!1.iI2-~_~19_~J _~:_l~_:-Qg"..2.~!._..~~ek- or -11.. 00 -~~.2.<!l,
(f)
(9)
No charge_~wi1Lbe ma~.!_íLindb'_Lçiua.l_s_.i!l.vJ.~._market sta(f. to
pa rt i ci pa te ir~r2if1._ot :!.~~!ìa 1 ev~nts_, .
Special signs will_~_J?r()~5~,,~!._cost of 110.00 per board.J1...9t
exceeding.,15 lette~~_.
Rental fees shall be paid no later than th_~~~d_-,C!f the rental per'i_l!...c!'
Rental periods
shall start at 4:00 P.M. and terminate at 4:00 P.M. of the following day.
Weekly
rentals shall start at 4:00 P.M. and terminate seven days later at 4:00 P.M.
Section 36-6.
Duty of sellers as to ccnditinn of spaces, etc., and disposition of
refuse.
Every fanner or sel !_er
stic food pr:;duct5, sell ing or offering farm
or domestic food products for sale Ü1 +.h n1:~I'
Shl\l1 keep thc' space, place or stall
assigned to him in a clean and 5J
¡:'¡ltHH: ôt ëdl times and shall dispose of
1.(1
his refuse in a manner and dt ~ place
¡-)y the ~LlJ~~Li!ì~e~íde!.!:t: 0 f the ma rket.
;qna
Section 36-7.
Order for removal of fa nn nr ¡1Gmes t., c. food products. f;tC., L:pon
violation of chapter, etc.
The superi ntendent of the mat'ket or :,UW pol ice offi cer H',ay order a
person to remove the farm or domesU c
ts offered or displayed for sale
p
or intended to be offered or displayed for sale by such person and any vehicle used
in connection therewi th from the ~!¡.}r
t, C¡ì" t.¡ ¡~ 'flcinity or j-}lfC' f11:xrket,
5U h
person is found violating the provisions of ';Jrïs chapter or
n¡¡f~ or
¿ :011
adopted pursuant to section 36-3.
It shall be unlawful
r any pers~n to fail.
negl ect or refuse to obey such o;'d,c'r'-
Section 36-8.
Compliance with chapter. etc,
Every farmer or seneI' (If rJomestic food pi'oducts
f' 1'1"19 rr of'feri 119 farn
or domestic food products for sa!t: Ù-¡ thi~ market shan ob~;erve, comply ;",ith and be
bound by this chapter and all other provisions of this Code and al1 other ìaws,
ordinances and resolutions relating t~ the sale or offering for sale of fa~m and
domestic food products, as well as the rules and regulations provided in :.:ection 36-3.
.-
I
I
I
ARTICLE II. SUPERINTENDENT OF THE MARKET
GENERALL Y
Section 36-9. Appointment; assistants.
The director of the Department of Farm and Home Dem~nstration shall
appoint a superintendent of the market and such assistants as he may deem necessary.
The superintendent shall be immediatelyresponsible'to the director of the Department
of Farm and Home Demonstration.
Section 36-10.
Preservation of peace and order; maintenance of sanitary condition.
The superintendent of the market shall preserve peace and order in the
market and shall be charged with the 3upervision of maintaining the market in a
"
sanitary condition at all times.
Section 36-11.
Record and disposition of rents and income; accounting for receipts
and expenses.
The superìntend~~l of the market shall keep a correct record of all rents
and income received by him for stalls, spaces or places and shall pay over the same
dai 1y to the city treasurer.
shall give an accounting of all receipts and ex-
penses to the director of finance bimonthly or as the director of finance may deem
necessary.
Fi rst Readi n9:
Second Reading:
May 10, 1976
Adopted by the Counci'J of the City of Vi 1"g; ni a' BI"a
, Virginia, on the
day of ----
",,_1 1976.
DY/cj
4/15/76
ITEM #9622
On motion by Councilman Cromwell, seconded by Vice Mayor Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr.) Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing
I Nays: Councilmen j'Jbcrt H. C
Floyd E. Waterfield) Jr.
lis, Jr., C~arence A. Holland, and
Absent:
None
Ci ty Council approved the fol1o\áng ordillance to amend and reordain
Section 22-253 of the Code of the City of rginia Beach, Virginia,
pertaining to pedestrian solicitation of rides:
AN ORDINANCE TOAI'ŒND ANfi REOBDAIN SECTION
22-253 OF THE CODE OF 'I'HE crrl or VIRGINIA
BEACH, VIRGINIA, P~~~TAIND¡G TO PEDESTRLI\N
SOLICITATION nF RIlES
BE IT ORDAIN ED BY THf~ C'()"
ü, OF THE c1';1. (¡?
iRelIal!. bEACH, VIRGINIA:
That Section 22".2,)?, ;,
r\~,1
f, ,I' the ~:i
,,~ HI
':" " ,!
a Beach is amended
t
I
!
t
f
i
~
and reordained as follows:
I
Section 22-253.
Pedestri;¡[,f;
It shall be unlauful fer L:".-'
'é:'~~;, t {) :,tdnd J_;,ì thE vehicular: travel
portion of any street or J'o:;d,,:
,1 L "..:'
tOt tJ, 1'lTDuSe of: soLiciting '1 ride
from the occupant of any vehicle; DrG~
, t !-,;.1 t
the hours of
r
,
7:00 P.M. and 6:00 A.M.> it sh~
i P'c':OÙ l c' :s Land upon any
,
.
r
street or roadway in the City,
J..,;11!,:' (",ny ",i¿"",ra"!\
,:; 1)()111,'( ::'T
";,,; t.';,-\,
(1' i'é2dian
strip therein, for the purpos
!)
ßU cCll (l':~
í
\ ,
on"~ th
:} (""
t -:.-,f ()"ny vc'j-d cTe,
The provisions of this s;:ct on. ;,h
;!
dHi ¡,¿t~,C!\ so; 1(; 1. ring transportation
in cases of an actual bona fi,df~ C".!'Fr'r::p[¡;:\;,
Any person violaUDg any of the
ions c,f thf
section, l~on conviction
thereof, shall be fined Hatless
!¡"f: c;,,':, :h:llan:: Li""",¡lcre th,,:ir, I""ru',
'ire dollars
for each offense.
I repealed. Ordinance number 697, "hid. ,,:
'e~ on Afy,l J1. ~976, 16 hereby
This ordinance Sh:i,J:1 ~"
1 '.:" t. r,3 t;n June I, 1975.
ADOPTED by the Council of tb., Ci ty ot Virginia B"dCh.
la, on the
10 day of
---
May
19/Ó.
--"","-.,..-...""""
.." --..... ""'" """"-'" ---
~~,.¡.... ....J.,,"""àiI.-""""~"""""""'- -..oj.. ...~......... 'ü.';"'¡:,¡J';';'.l..,...........~"....,",,':"""""",,~......:.,,---'" """""""..",,C....," """M..,'Ù.... _............._";';:,C....".,-.,"",..:.~"--...",;,,.
- --'---""""- --" . ----_.._"-~~.._=" '" ,-"""","M.;,...i.o-",......;o.;,;,-~..~~
Mt. Wilson Chaplain appeared in opposition to the closure ordinance
On 'motion by Councilman Gardner, seconded by Councilman Standing,
and bý recorded vote as follows:
Ayes: Councilmen John A. Baum, RobertH. Callis, Jr., RobertB.
Cromwell, Jr., Vice Mayor George R. Fe-rrelI, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. He.nry HcCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Is: None
~ _ent: None
City Council voted to approve the following ordinance vacating a
portion of a certain plat ~hich created a certaifi street dedication
on certain property in the Virginia Beach Borough of the City of
Virginia Beach, Virginia:
AN ORDINANCE VACATING A PORTION OF
A CERTAIN PLAT ~JHICH CREFUED A CER-
TAIN STREET DEDICATION ON CERTAIN
PROPERTY IN VIRGINIA BEACH BuROUGH,
VIRGINIA BEACH, VI I~IA
WHEREAS, a certain plat entitl
-)
(~"
VirginiJ Beach Development
Corporation!! "is recorded in !'hi' nc:,'k ':
Circuit Court of the City of
Virginia Beach, Virginia, in
~)
"
ind~c~tes a certain
Ireet designated there~n as ",7
WHEREAS, the abuttlng
,~ ''{', "',' ¡,
" '",' )
,:-;
" ",i'¡
.." '
10W desires that said
plat be vacated as to the herc1nafter
that said str~et dedication
, rt1on of tha,t st
Gnly; and
~
")j3r;d thTeL,y;
ne!
WHEREAS, all notices of thi~
i"-'
',"~I' be(~n
lied with as required
by Section 15.1-431 of thf' CO1, of Yirg¡ni,,;
r--
NOW, THEREFORE, BE IT ORDA N
,I ¡
VI
~n t\ BEACH:
1.
That ¡Iall that
¡: '0)1
',,'
1,
'¡ ~ (I t"",
,..(,
Vi rqi!ì i a
Beach, and described as 17th Street. ed:~t "f
l. ,
,¡ c Avenue on tiiat c.;..;rtd in p ì at
Number 2 of the Virginia Beach
! (~
::.' ,
i en p']
is duly re-
corded in the Clerkjs Office of the C
it Court of the Citv of Virg1nia Beach,
in Map Book 1, at Page 20. and is more Q1
r' ~j "I ð r y
scr~bed as fo~lows:
I
From a pcI'Ì nt on the eD;. side of {\c¡ an: ; r
Avenue a t rlo af 17th Street
thence N 75° dist~r¡Le of 07 f
to the point of ~ ~hencE N 14°
01130" W a distéHì;: feet to a int;
thence N 7f/) ~"t,yce ,", ç
to a int, 'a
75 feet to a ~ 7 5BI
distance of ~~t
~ ,\1":: :; ~ Ii
is hereby vacated and aìl eas
2. This ordinance shall be
and
b1.;c r;ght~. t
n are extinguished.
¡"i,""', "':".' ,'1""15 afte'r the date of its adol¡)tion.
" , ,,' ',- ." ",)<'J
-;
, ¡
t I
8-'-_"'_.4 ..." .....,.. (',.."n....;1 nf the Citv of Virqinia Beach, Virginia, on the
10
. .
ITEM #9624
The following bids were received for the construction of public
- restrooms and a mall at 17th Street and Atlantic Avenue:
Ingham and Associates
$l45)300
Galloway Corporation
C. L. Cline and Son
146)420
148,000
I L. J. Hoy~ Incorporated lSOr324
On motion by Councilman Gardner, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr.) Robert B.
Cromwell) Jr., Vice Mayor GeorgeR, Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, M~ro1' J. Curtis Payne)
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
Councilman J. Henry McCoy;, 31'.
. Absent:
None
City Council approved on seeD d Tczdiilg the basic low bid of Ingham
and Associates, in the a:C"imt of $145 j, :500 ¡ for the construction of
public res t rooms and a mal1 at 17 tb S tre ;~t and At Ian tic Avenue; and
instructed the City Man~ger to ne?oti~te w th Ingham and Associates
wi th the intent of reducing C' td d by $10, OOu to $12? 000) by removing
from the bid the asphalt plaßt rs G ~,- they means to lower the cost.
In addition, the City ~an er W~S re~ted n~t to sign any contract
for the work for a perjod £ thil (30) days, frem the date of
second reading, in order to c I,) with the instructions from the
I City Attorney regardi 1.\:::: lì ." 1icy of ttle City should a court
action be.taken,.i"JY ~~te"!e5."~,,,~.,,j ~"rtics to contest the~c¥~lit~, o~,,:
the Council actIon .iÜ Cll'~ . ;c, ';!l.,ca',i a pcr;.tiulJ at L th :::.truct
as a public thoroughfare. per rmed plior to the signing
of the contract by the City t.1:¡'l ',DId be.' ;d: the sole risk
of the bidder, Ingham an ,J , 11 t E'S .
I,
I
I
1 T [¡VI tf 9 6 ;: S
On motion by Councilman C;m~ Ll, sc;
and by recorded vote as fcllo~
cd hy C:)un,- i)' man G:: {dner
Ayes: Councilmen John A ßa Robert H. Callis, Jr.. Rohert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gayd~eYJ
John R. Griffin, Clarence A. Holland. J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. ~:'.t;l(;C!i. , and 1,10 L Waterfield, Jr.
Nays:
None
Absent:
None
City Council approved on first readinp th~ [olloKing ordinance to
I amend Chapter 29 of the Code f th', 1. ty of Virginia Bead! by adding
there to s ~ c t ions 2 9 ... 3 , 1 é: ~d 2 J:" 3. 2 1 (~,.,' 1. at i n g tel i n e , f,: e ee x e lTl p t ion s
for certaIn elderly and ilnanclally (113advantaged persons:
I
, J
I
I
I
'.
AN ORDINANCE TO AMEND CHAPTER 29
OF THE CODE OF THE CITY OF VIRGINIA
BEACH BY ADDING THERETO SECTIONS
29-3.1 AND 29-3.2 RÈLATING TO LINE
FEE EXEMPTIONS FOR CERTAIN ELDERLY
AND FINANCIALLY DISADVANTAGED
PERSONS
BE IT ORDAINED BY THE COUNCIL OF THE CITV OF VIRGINIA BEACH, VIRGINIA:
That Chapter 29 is hereby amended by ordaining the following additional
sections:
Section 29-3.1.
Line fee exemptions for certain elderly persons.
(a) Line fee exemption is provided for certain property owners who
qualify under subsection (b) of this ordinance.
The exemption is to be admin-
istered by the city manager o~~ h?:: rlut¡iOri~œd delegate, herein referred to as
the administrator. The adminis
tor is hereby authorized and empowered to
py'escribe, adopt and enforc(? ì'u1C!S and teglÚatïons, including the requirement
of answers under oath, as r,¡:w be rcasolu y necessary to determine qualifications
for exemption.
The admi~istrator may r
ire the production of certified tax
returns ,and appraisal reports to estaDlish income and financial worth,
(b) Exemptions s
1
be granted subject to the following provisions:
(1) Title to the
"~'or v:hi ch
line fee exemption
is sought must be held, or
the appl.icant at
rt¡ally h~hL
least 120 days prior t
installation or sc
; t:d date of
installat'ion.
','i,')' com:;;' f1irst, of tile ~,e"ler line.
(2) The owner of the title or partial title is 65 years of
age or older at least 120 days prior to the installation or
scheduled date of installation, whichever comes first, of the
seWf~r 1 i nE:,
(3) The dwellirg to be con1ected to the sewer lire is the
sale dwelling of the applicant claiming the exemption.
(4) The total combined income of the owner and the owner's
relatives living I; the hous::hoLi d:.idng the year immediately
~--
----.
"
I
I
I
preceding the installation shall be determined by the
administrator not to exceed six thQusand dollars ($6,000.00).
(5) The net combined financial worth of the owner or
owners shall not exceed $20,000.00, excluding the fair market
value of the house to be connected to the sewer line.
Net
combined financial worth shall include the value of all assets,
including equitable interests, of the owner or owners and of
the spouse of the owner or owners.
(c) The persons applying for line fee exemption must file with the
.' administrator a line fee exemption affidavit, setting forth in a manner prescribed
by the administrator; the location and value of the pt'operty to be connected to the
line; the names of the persons related to the owner and occupying the dwelling;
their gross combined income and their net combined financial worth.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contalned in this orainance, the line fee exemp-
tion shall be as shown on the follow""Ì\,g schcduh':
TOTAL INCOME-ALL SOURCES
EXEt~PTION
---
-----------" ---'--'
$ 00.00-
$2,001.00 -
$3,001.00 -
$4,001.00 -
$5,001.00 -
100%
80%
60%
405~
20%
$2~OOO.OO
$3 n",'1 On
. ' JI;I,';:,'. ",
$4.000.00
$5,000.00
$6. .()O
(e)
If, within twelve (12) months aft3r the sewer lirie exemption is
obtained, the applicant's financlal
Hi nn sboul d ch1.n'~-;~ so that its effect
would be to remove the person holdin9 the (~xfrnrtion hom ~vithin the limits a
standards of this ordinance~ then the person holding the ex~¡ption shall refund
the amount of the exemption to t
City of Virginia Beach.
(f) Any person Ot' persons fa.lsely claiming an exemption or violating
any provision of this ordinance :shall be 9uiH,y of a misdemeanor and upon con-
viction thereof shall be punished hy a fine not exceeding one thousand dollars
($1,000.00), or confinement in jail not' exc(~eding twelve (12) months, or both.
Section 29-3.2.
line fee Ex~nptions for certain financially disadvantaged persons.
(a) Line fee exemption is provided for certain financially disadvantaged
property owners who qualify under subsection (b) of this ordinance. The exemption
I
I
I
is to be administered by the city manager or his authorized delegate, herein
referred to as the administrator. The adminìstrator is hereby authorized ánd
empowered to prescribe, adopt and enforce rules and regulations, including the
requirement of answers under oath, as may be reasonably necessary to determine
qualifications for exemption.
The administrator may require the production of
certified tax returns and appraisal reports to establish income and financial
worth.
(b)
Exemptions shall be granted subject, to the following provisions:
(l) -Title to the property for which the 1 ine fee exempt'ion
. .
is sought must be held, or partially held, by the applicant at least
120 days prio~ to the installation or scheduled date of installation,
whichever comes first, of the sewer line.
(2) The dwelling to be connected to the sewer line is the sale
dwelling of the applicant claiming the exemption.
(3) The total combined income of the owner and the owner's
relatives living in the household dur-ing the year ili'J1lediately
preceeding the installa'don shall be determined by the administrator
. not to exceed four thousand dollars ($4,000.00).
(4) The net combined financial worth of the owner or owners
shall not exceed $20,000.00, excluding the fair market value of the
house to be connected to the sewer line.
Net combined ~inancial
worth shall include the value of all assets, including equitable
interests, of the owner or owners and of the spouse of the owner
or owners.
(c) The persons applying for line fee exemption must file wHh the
administrator a line fee exemption affidavit, setting forth, in a manner prescribed
by the administrator; the location and value of the property to be connected to the
line; the names of the persons related to the owner and occupying the dwelling;
their gross combined income and their net combined financial worth.
(d) Where the person daiming exemption conforms to the standards and
does not exceed the limitations contained in this ordinance, the line fee exemption
shall be as shown on the following schedule:
¡
I,
I'
!
I
...
I
I
I
."
TOTAL INCOME-All SOURCES
$ 00.00 - $2,000.00
$2,001.00 - $3,000.00
$3,001.00 - $4,000.00
EXEMPTION
100%
80%
60%
(e) If, within twelve months after the sewer line exemption is obtained,
the applicant's financial position should change so that its effect would be to
.
remove the person holding the exemption from within the limits and standards of
this ordinance, then the person holding the exemption shall refund the amount of
the exemption to the City of Virginia Beach.
(f) Any person or persons falsely claiming an exemption or violating
any provision of this ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding one thousand dollàrs ($1,000.00),
or confinement in jail not exceeding twelve (12) months, or both.
First Reading:
May 10, 1976
Secorfd Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
- day of
..' 1976.
AB/cj
3/30/76
ITEM #9626
On motion by Councilman Holland, seconàed by Vice Mayor Ferrell,
and by recorded vote as follows:
!;!
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
I 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 following ordinance to amend Sections
37-30.1 and 37-30.2 relating to line fee exemptions:
AN ORDINANCE TO AMEND SECTIONS
37-30.1 AND 37-30.2 RELATING TO
,-LINE FEE EXEMPTIONS.
I
,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 37-30.1 and 37-30.2 are hereby amended by deleting in
subsections 37-30.l(b)(1), (b)(2)) (b)(3), (b)(5), (e), and in subsections 37-30.2
(b)(l), (b)(2), (b)(4), (e), the words "and sewerll.
I
the
. Adopted by the Council of the City of Virginia Beach, Virginia, on
10 day of _!1ay --' 1976.
r"
ITEM #9627
On motion by Councilman Standing, seconded by Councilman Callis,
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, 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 standard sewer agreement for the Woods Corner
I Subdlvls10n 1n the Kempsv11le Borough of the Ci ty of Virginia Beach.
. ., " .
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". -.---" -_-"___H"_____----.--------" """0-----""" 0,,- ----
0" -."--",..,,".."
T-' --.
.--------- ...-,..-,
I.
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ITEM #9628
On motion by Vice Mayor Ferrell, seconded by Councilman Callis, 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,
I 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 following applications for Certificates of
Public Convenience:
Company
Don's Taxi Comp any
Currently
Authorized
Requested
10 taxicabs
10 taxi cabs
Bayside Taxi, Incorporated
17 taxicabs
17 taxicabs
"
Beach Taxi Corpor~tion
20 taxicabs
20 taxicabs
.
Coastal Cab Company
Diamond Cab Company
12 taxicabs
12 taxicabs
12 taxicabs
12 taxicabs
1 for-hire
I ITEM #9629
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
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, 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 the Children's Hospital of
the King's Daughters for renewal of its Bingo/Raffle permit.
ITEM #9630
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
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, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing~ and Floyd E. Waterfield, Jr.
I
Nays:
None
Absent:
None
City Council approved the request of the Redwing Golf Associati~n
for renewal of its Bingo/Raffle permi t. ;ò,;,é
,,~
r
ITEM #963l
On motion by Vice Mayor Ferrell, secondèd by Councilman Waterfield,
and by recorded vote as follows:
IAyes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Ga,rdner,
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 the Virginia Beach Tennis
Patrons Association for a Bingo/Raffle permit.
ITEM #9632
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
and by recorded vote a~ follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
dromwell, 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.
t,
Nays:
None
IAbsent: None
City Council approved the request of the Sandbridge Fire Brigade
for a Bingo/Raffle permit.
ITEM #9633
Doctor McCoy stated that the Tidewater Transportation District
Commission has proposed a "Sunshine Special" to run from Cradock
to Virginia Beach; however, the City of Portsmouth will not subsidize
their portion of the run. However, Tidewater Transportation District
Commission is willing to run the "Sunshine Special" from Pembroke Mall
to Kempsville and then to Virginia Beach. The cost will be SO-cents
round-trip, and will run on an hourly schedule.
Doctor McCoy requested this item be placed on the agenda for the
Council meeting of May 17, 1976.
ITEM #9634
On motion by Vice Mayor Ferrel1;¡seconded bY Councilman Callis, 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,
I 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 voted to approve on first reading an appropriation of
$50,000 to the Columbia Broadcasting Systems "Grand Slam Tournament"
for the purpose of promoting advertising and giving publicity to the
resources and advantages of the City of Virginia Beach through the
CBS "Grand Slam Tournament", a proposed International Tennis Tournament
to be held in the City of Virginia Beach.
L..
In addition to the extension' of $50,000 for a letter of credit, the
City will be required to supply bleachers and obtain consent from
the School Board for the use of various parking areas under the control
of the school system for the term of the tennis tournament.
The appropriation is subject to negotiations between the City Manager
and the CBS Grand Slam Tournament Organization regarding financial de-
lails for the repayment of the $50,000 extension by the City as a
uarantee to the participants of the City's interest in hosting the
tournament.
The appropriation will not be legal until thé matters, indicated in
this motion, have been clearly delineated between the City Manager
and the concerned parties prior to the approval on second reading.
ITEM #9635
Councilman Baum made reference to a letter, sent to Mr. James E.
Douglas, Jr., Commissioner of the Marine Resources Commission, from
,The Reverend Robert B. Newland, Chairman of the Virginia Beach Wetlands
Board, regarding the Commission's April 27, 1976 ruling on the second
appeal of Colonial StaTes' wetlands application.
ITEM #9636
Councilman Baum made reference to a letter, sent to Honorable Douglas
B. Fugate, Commissioner, Department of Highways, from Senators Stanley
C. Walker, Peter K. Babalas, A. Joseph Canada, Jr., and Joseph T.
Fitzpatrick, regarding the widening of Princess Anne Road from Newtown
Road to Intersection/Parliament Drive.
I ITEM #9637
On motion by Vice Mayor Ferrell, seconded by Councilman Callis, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor G. eorg<1, R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Ho~and, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
City Council will hold an executive session on Monday, May 17, 1976,
for the purpose of discussing matters permitted for discussion under
Section 2.1-344 subparagraphs 1 through 6, inclusive, of the Freedom
of Information Act of the Commonwealth of Virginia.
ITEM #9638.
In accordance with State Statutes, the following Abstract of Votes,
received from the Electoral Board, are placed in the minutes of this
day's meeting:
I
-,-.,-_.". -",
. r- ..
--.'"" - -
AIR.KT OF VOTES cast in the County/City of Virgini~ach
a e Genera 1 election held on ----11~ 4 , 19~,
, \' irgillia,
FOR
Member City Coun.cil
B LACXWATER-BlLRQUGH
::'\ames of Candidates
Total Votes Received
(In Writing)
Total Votes
Received
(In Figures)
Number of
ChdlcngeJ
Votes
Included
In Total
, '
- Twelve thousaJ]d five hundre.d( 12,507
seven
JohnA. Baum
)
) --
2 )
1 -)
)
)
)
)
.'
WRITE-IN BALLOTS
,
Paul sellers Two
Roger Scott One
(
(
(
(
(
r
We, the undersigned Electoral Board, upon examination of the officidl7ecords c!epoSiiÙl with" the Clerk of the Cir-
wit Court of the election on M~4 , 19~, do hereby certify that the cbove is a t/'tIe
and correct Abstract of Votes cast at said election and do therefore determine and declare that. the following received
the greatest number of votes cast in said election:
John A. Baum
for the office of
City Council
Given under our hands this
t,~
day of
,~
~
, 19.)k.
I
Chairman
Member
.>\ copy teste:
Secretary
~Jt~ ~
Secretary, Electoral Board
r ",",
ABSTRACT OF VOTES cast in the County/City of
Virginia Beach
, Virginia,
lhe
General
election held on
May 4
76
,19_,
FOR
Member City Council
PRINCESS ANNE BOROUGH
Number of
Challenged
Total Votes Votes
Total Votes Heceived Received IncluC:ed
Xames of Candidates (In Writing) (In Figures) In Total
J. Curtis Payne Thirteen thousa nd-.JliLe hundreq 13,134 )
. '. thirty-four
( )
~ITE-IN BAtLOTS
( )
Reba McClanan . Seventeen 17 )
W. W. Fleming, Jr. One ( 1 ) -
John Jones One ( 1 )
Melvin Sivils One ( 1 )
I :~:r::l~::~ Two ( 2 )
0ruL ( 1 )
1- ...-- "" -... - -.-----_u"",,-,,"'"
We, the undersigned Electoral}~rc4 upon examination of the offici¡~ records deposited with the Clerk of the Cir-
cuit Court of the election on , 19_, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do therefore determine and declare that the following received
the greatest number of votes cast in said election:
.1. C'.nrr;!': P;:¡ynp
for the office of
City Council
Given under our hands this
~~
day of
,192£-
Chairman
I
Member
A copy teste:
Secretary
~-d~~ o/~
Secretary, Electoral Board
,-
..
IRACT OF VOTES h C C Virginia Beach
r Cl.l$t in t e ountyl itv of
a e Genera 1 election held on. May 4 , 19-1§.,
, Virginia,
FOR
Member
City Council
VIRGINIA BEACH BOROUGH
:\'ames of Candidates
Total Votes Received
(In Writing)
Total Votes
Received
(In Figures)
Number of
Chûllenged
VOtes
Included
In Total
Robert Ma Furniss, Jr.
Seven thousand three hundred( 7,369
s~xty-nine
Twelve tho~d four hundred( 12,487
eighty-seven
(
(
(
(
(
1
)
)
)
)
)
)
)
)
)
R. La "Buddy" Riggs
, '
(
WRITE-IN BALLOTS
J. M. Marush
One
I
, . -- ,V e,- ih~- -,¡;;ëzë;;¡-g;';id -Èleëto-;'al Boa~d, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election on May 4 , 19----2£. do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do therefore determine and declare that the following received
the greatest number of votes cem in said election:
R. L. "Buddy" Riggs
for the office of
City Council
Given under our hands this
ø
day of
, 19_Lk
I
Chairman
Member
A copy teste:
Secretary
{ì;tL~ ~
Secretary, Electoral Board
-----...., -.._-
r"-
)
)
)
.six- t:hO11SAOd pi ght: h110r'!rpc1 (~84R )
forty-eight
Doris S. Stl1rtr.idEE' Two thousand six J11L'ld~e..d_-- ( 2 ,664 )
. sixty-four
We, the undersigned tÆåðraPéß&$d?,fpon examination of the officiäl urëcõ;:dšdepöSiÙd 'withu the Clerk of the Cir-
cuit Court of the election on ' 19_, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and dJ:J therefore determine and declare that. the following received
the greatest number 0; votes cast in said election:
u
IR CT OF YaTES } C / Virginia Beach
A'~ cast in t.. o"nty City of
a ",enera 1 election held on May 4 , 19~,
FOR
Member City Council
A T LARGE
~ames of Candidates
Total Votes Received
(In Writing)
Two hundred ninety-eight
Total Votes
Received
(In Figures)
298
-i
George R. Ferrell
Seven thousand nine hundred
five
Nine hundred ninet~ne
(
( 7~905
( 991
( 4,245
David H. Baker
Thomas W. Goodman,'Jr.
Sam Houston
I
Four thousand two h~ndred
. forty-five
One thousang tw~undred
sixteen
Five tl~~and-£~~ hundred
eighty-six
Ten thousand seventy-s..ix..-_- (10,076-
Dennis Malbone
( 1,216
( 5,486
David A. Miller, Jr.
I
"
1::~r:m::hobR~ndOrf
'I' ..
for the office of
Given under our hands this
I '
ø
.19.:Mz-
day 'of
!
I
I
A copy teste:
C)^~ðlp
Secretary, Electo-ral Board
..-". --" ..' ,..~~.
,,"- "-"'""',, -,.'c,"'-',,- ..-,.",".,-,.-,
, Vi.ginia,
Number of
Challenged
V òtes
InCluded
In Total
)
)
)
)
1
Chairman
Member
Secretary
'" . .""', -'
r ..~,"
I
.:. _,,¿;e 2
ITRACT OF VOTES cast "'in the County/City of
at the General election held on May
Virginia Beach
, Virginia,
4
,191É-,
FOR
Member City Council
AT IA~GE
(continued)
Number of
Challenged
Total Votes Votes
Received Inèlucled
(In Figures) In Total
( ? )ñ~l )
( )
( )
1 )
( 3 )
( )
( )
( )
( )
, '
Names of Candidates'
Total Votes Received
(In Writing)
Two thousand si.x hunrh:'p.d
thirty-one
'Fred H. Thomson
, .
WRITE-IN BALLOTS
Clyde Jones
One
Reba McClanan
Three
I
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election on May 4 , 19~, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do therefore determine and declare that, the following received
the greatest number of votes cast in said election:
George R. Ferre~l
Meyera E. Oberndorf
for the office of
City Council
Given under our Jw.nds this
(¡~
day of
19.1.£
I
Chairman
Member
A copy teste:
Secretary
[l~fl~ðI~~
ì
Secretary, Electoral Board
._- .--,-,-----~..-..._..._-._.. . _.
r--
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ITEM #9639
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
and by unanimous vote, the meeting adjourned.
I
Cler
J. Curtis Payne, Mayor
City of Virginia Beach,
Virginia
May 10, 1976
I
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'--~-
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