HomeMy WebLinkAboutMAY 7, 1973
111'1
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 7, 1973
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, on Monday, May 7, 1973,
at 2:00 p.m.
The invocation was given by the Reverend Ward L. Donat, Thalia
Methodist Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #5814
On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, qeorge R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray ~1albon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
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Nays: None
Absent: None
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City Council approved the minutes of the Regular Meeting of April 30,
1973, and the reading of said minutes dispensed with inasmuch as each
Councilman had a copy of the subject minutes before him.
ITEM #5815
On ~otion by Councilman Rhodes, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray ~lalbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the minutes of the Special Meeting of April 30,
1973, and the reading of said minutes dispensed with inasmuch as each
Councilman had a copy of the subject minutes before him.
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ITEM #5816
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On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J'. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading an expenditure for retail
water rate investigation to Hennington, Durham and Richardson with
the following corrections: The water rate will be based on 2.75
above' cost factor, but the total amount is not to exceed $34,500.
ITEM #5817
On motion by Councilman Malbon, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council approved on second reading an expenditure of $3,200 from
Reserve for Contingencies to Account 8010-631 (Replacement of Automobile
Equipment) to replace an automobile assigned to the Social Services
Department, which was demolished in an accident on December 6, 1972.
ITEM #5818
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading a transfer of $4,350 from
Account 9010-116 (Compensation of Subordinate Officers) to Account
1010-521 (City Council Budget) for conformance with the TENPIN contract.
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ITEM #5819
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Brum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading an expenditure of $1,411 to
cover Virginia Beach portion of a contract with the Southeastern
Virginia Planning District Commission for a regional study of record
retrieval systems, this $1,411 being the difference between the
contract figures of $8,950 and the "in kind" contribution of $7,539
made by Virginia Beach.
ITEM #5820
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
_ Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
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Absent: None
City Council approved on second reading an expenditure of $18,000 from
Highway maintenance funds to improve Sussex Road, to include curb,
gutter and drainage.
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On motion by Councilman Payne, seconded by Coun~ilman Gardner, and by
reco.rded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cronlliell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on first reading the following Ordinance
establishing the tax levy on real estate and tangible personal property
and other property for the 1973 tax year:
AN ORDINANCE ES't:ABLISHING THE TAX LEVY
ON REAL ESTi\.TE AND TANGIBLE PERSONAL
PROPERTY AND OTHER PROPERTY FOR THE
1973 TAX YEAR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA :
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for the 1973 tax year on all
real estate, not exempt from taxation, on-each one hundred dollars
($100.00) of assessed valuation thereof, the following:
General Six-Borough
Borough Government School Debt
Bayside $1.51 $ .05
Blackwater 1&51 .05
Kempsville 1.51 .05
Lynnhaven 1.51 .05
PrinGess
Anne 1.51 .05
Princess
Anne Mosquito 1.51 .05
Pungo 1.51 .05
Pungo
Mosquito 1.51 .05
Virginia
Beach 1.51
Special
Revenue
Mosqui fo
Control
$ -
$ .04
Total Rate
1973
$1.60
1.56
.04 1.60
.04 1.60
1.56
.04 1.60
1.56
.04 1.60
.15
.04
1.70
The real property tax heretofore imposed and for which the rate has
been prescribed, shall be applied on the basis of 60% of the fair market
value.
Section 2. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the 1973 tax year m tangible
personal property, not exempt from taxation, six dollars ($6.00) on each
one hundred dollars ($100.00) of assessed valuation thereof, for general
purposes. The personal property tax heretofore imposed and for which
the rate has been prescribed, shall be applied on the basis of 35% of the
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Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE
TONS BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the 1973 tax year on all
boats or watercraft under five tons burthen used for business or pleaSUrE!,
six dollars ($6.00) on each one hundred dollars ($100.00) of assessed
valuation thereof for general purposes.
Section 4. AMOUNT OF LEVY ON CERTAIN VEHICLES AS MOBILE HOMES
OR OFFICES.
There shall be levied and collected for the 1973 tax year on all
vehicles without motive power, used or designated to be used as mobile
homes or offices or for other means of habitation by any person, six
dollars ($6.00) on each one hundred ($100.00) of assessed valuation
thereof for general purposes.
Section 5. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause
or phr~se of this ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 6. EFFECTIVE DATE.
This ordinance shall be in effect from and after the date of its
adoption.
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First Reading: /Jc,,;. 7" 1/~73
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Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia on
the
day of
, 1973.
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5-2-73
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ITEN #5822
On motion by Councilman Gardner, seconded by Vice Mayor Ervin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis"Jr., Mayor Robert B.
Cromwell, Jr., Vice ~layor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, Do }.!urray Malbon, J. Curtis Payne, Donald
H. mlodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
Secti9n 6-10 of the City Code relating to carrying off or removing
sand from shores, beaches, etc.:
AN ORDINAKCE TO AHEND AND REORDAIN
~6-10 OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO CARRYING
OFF OR REMOVING SAND FROM SHORES, J/i/L/
BEACHES, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6-10 of the Code of the City of Virginia Beach
is hereby amended and reordained to read as follows:
In order to conserve the beaches and shores in the City and
to protect those areas adjacent to the beach, beaches and shores
in this City it shall.be unlawful for any person to carry away or
remove or to cause to be carried away or removed any sand from the
shores, beaches or dunes or highland along the shores, beaches or
dunes in the City; provided, however, that in the event it shall
satisfactorily appear to the City Manager that the removal of sand
in any instance will not be harmful to the conservation and protec-
tion of the beaches and shores or property adjacent thereto, he may
in writing grant a permit for such removal. Removal under such
permit shall not constitute a violation of this section. If any
person be guilty of this section, he shall be fined not less than
Two Hundred and Fifty Dollars ($250.00) nor more than One Thousand
Dollars ($1,000.00).
Adopted by the Council of the City of Virginia Beach, Virginia, on
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, 1973.
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ITEM #5823
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
Sections 32A-l and 32A-13 of the City Code relating to fencing of
swimming pools:
AN ORDINANCE TO At-fEND AND "RE-
ORDAIN SECTIONS 32A-l AND 32A-13
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO FENCING OF LJj/~
SWIMMING POOLS . / I cd
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Secti.on 32A-l Fences and 32A-13(f) Fences be amended and
reordained by deleting the words "three feet in height" and substituting
therefor the words "four feet in height" in each instance.
An emergency exists and this Ordinance shall be in full force and
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effect from the date of adoption.
Adopted by the
1t!1 day of
Council of
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1. For state law authorizing cities to regulate swimming pools see
Section 15.1-29 of the Code of Virginia.
the City of Virginia Beach, Virginia, on the
, 1973.
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ITEM #5824
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On motion by Councilman Waterfield, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R,. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
Sections 33-2, 33-8 and 33-9 of the City Code relating to when taxes
on real estate and personal property are due and payable:
Requested by City Manager
ORDINANCE NO.
AN ORDINANCE TO fu~ND AND REORDAIN
SECTIONS 33-2, 33-8 AND 33-9 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
RELATING TO WHEN TAXES ON REAL ESTATE
AND PERSONAL PROPERTY ARE DUE AND
PAYABLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH)
VIRGINIA:
That Section 33-2 of the City Code is hereby amended and reordained
to read as follows:
"Third line thereof dele te June 10 and insert June 20'.'.
That Section 33-8 of the City Code is hereby amended and reordained
to read as follows:
"Second line thereof delete June 10 and insert June 20"
.
That Section 33-9 of the City Code is hereby amended and reordainE~d
to read as follows:
"Second line thereof delete June 10 and insert June 20".
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An emergency exists and this Ordinance shall be in full force and
effect from the date of adoption.
Firs tReading: ,( /.,., 'I ill(, II; '/)
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of
1973.
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ITEM #5825
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council adopted the following Resolution authorizing the
approvement in the spectrum of methods applied by the Juvenile Court
of Virginia ~each in handling juvenile status offenders:
RES 0 L UTI 0 N
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WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, provides federal funds to assist political subdivisions of the var-
ious states in improving their respective Criminal Justice Systems in order
to reduce or eliminate inadequacies; and
WHEREAS, there exists a need to improve the spectrum of methods applied
by the Juvenile Court of Virginia Beach in handling juvenile status offenders;
and
WHEREAS, such a p~ogram has been designed to divert non-criminal juvenile
offenders from formal court adjudication; and
WHEREAS, such program known as liThe Virginia Beach Juvenile Status Offender
Diversion and Treatment Programll will cost $218,916.00 for a two-year period, of
which $152,565.00 will be funded under Pilot "011 Law Enforcement Assistance Ad-
ministration grant in-aid, and $66,351.00 will be supported on a reimbursable
basis to the City from the Virginia Department of Welfare and Institutions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That the City Manager is hereby authorized and directed to cause such in-
formation or materials as may be necessary to be provided to the appropriate fed-
eral and state agencies to permit the formulation, approval and funding of the
aforementioned program.
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ITEM #5826
On motion by Councilman Payne, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~ayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: . None
Absent: None
City Council granted permission to Chroma Associates to move a one-
story frame residence, 30'x50', and a garage from 1180 South Lynnhaven
Road, Princess Anne Borough, to 2057 Holland Road, Landstown area,
Princess Anne Borough. Estimated value after move and renovations,
$12,000. Buildings are to be used as a commercial building for library.
ITEM #5827
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrel], Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the request of the Department of Parks and
Recreation to transfer $17,500 ($10,000 from code 11020-151, and
$7,500 from code 11020-152 to code 11020-831, Capital Outlay) to
purchase three trucks needed for the transportation of personnel,
equipment and supplies in order to assume the grass cutting operation
for Virginia Beach City schools.
ITEM #5828
City Council deferred consideration of a request by the City Manager
regarding the proposed construction and location of a new jail building.
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City Council received the submission made by the Planning Director.
On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Cillis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferr~ll, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council received the Planning Commission recommendations on the
Comprehensive Zoning Ordinance text and the proposed official zoning
maps with the purpose of taking them under advisement for study for
adoption at a later date.
ITEM #5832
On motion by Councilman Ferrell, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, .George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
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City Council approved the following supplemental budget from May 15-
July 1, 1973, to cover water system start-up:
Customer Service and Office (1-1/2 month)
22 personnel
equipment
$ 13,774
51,515
Field Crews - Water Service (1 month)
33 personnel
equipment
-14,919
125,000
10,000
150,000
Data Processing
Shop Stock
City Council further authorized a General Fund loan not to exceed
$39,000 to cover the cost of salaries and data processing, and
authorized the City Manager to approve expenditures not to exceed
$325,000 from Revenue Sharing and/or Water System Construction Fund
Cash and Capital Needs. .
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ITEM #5829
Mrs. Elaine Kuhn appeared before City Council regarding the construction
of Southern Boulevard as a through street in Windsor Woods to connect
with Independence Boulevard, and protested against the subject construction
Mrs. Amelia Spioatta appeared in opposition to Mrs. Kuhn and defended the
construction.
City Council requested the City Manager to supply a report in this matter
and to include a report on Church Hill Drive as requested by Councilman
Rhodes. A report is due in one week.
ITEM #5830
Doctor Ellsworth H. Plump, representing the Kings Grant and Lynnhaven
Little Neck Civic Leagues, presented a brief entitled "Project Old
Donation" prepared by the Joint Transportation Committee, which set
forth ten specific reasons for abandonment of the plans to extend
Old Donation Road, and made substitute recommendations. A copy of the
brief is on file in the office of the City Clerk, together with listings
of and petitions from residents of the area opposed to the road.
City Council deferred action on the request to abandon the plans for
Old Donation Road pending further study.
ITEM #5831
After a brief recess City Council hearing resumed on the Comprehensive
Zoning Ordinance, which was publicly advertised for this day.
Mr. Charles C. Carrington presented the fourth revision of the amended
Comprehensive Zoning Ordinance, dated March 22, 1973, tog~ther with the
Planning Commission changes resulting from a Public Hearing on March 21st
and March 18, 1973. Copies of the Comprehensive Zoning Maps, submitted ~n
conjunction with the CZO, are on display in the Department of Planning.
The Ordinance, with amendments, are on file in the office of the City
Clerk.
The following persons appeared and addressed the City Council regarding
the adoption of the CZO:
1. Commandor Mandeville
3. Mr. Patrick L. Standing
5. Mr. Coleman
7. Gerald Balonis
9. Mr. W. E. Hudgins, Jr.
11. Mr. William Gill
13. Mr. O. Key Townsend
15. Mr. Calvin Spain
17. Mr. Sam Houston
2. Mr. Reese Smith
4. Mr. Grover C. Wright
6. Mr. W. E. McCardell, Jr.
8. Mr. Richard F. Brody
10. Mr. R. Allen
12. Mr. Robert deGrouche
14. Mr. R. J. Coffman
16. Mr. Stanley Phillips
18. Mr. Heatwole
19. Mr. Sam Houston, Jr.
The remarks of the above listed speakers have been transcribed from the
tapes and are on file in the office of the City Clerk, filed with the
original minutes of the May 7th meeting.
A consensus of opinions expressed seemed to be in favor of the adoption
of an Ordinance which would protect the owners of single-family homes
from the construction of multi-family units in the midst of a single-
family area - a marc rigid enforcement of zoning with regard to
construction of homes in high noise zone areas, particularly near ai~
bases. It was stressed that the rezoning should be done with a minimum
of loss to investors holding property for development, which had been
purchased under less restrictive zoning codes.
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ITEM #5833
On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor.Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays:" None
Absent: None
City Council noted its intention to hold a closed meeting on May 14,
1973, for the purpose of discussing items permitted for discussion
under the Freedom of Information Act of the Commonwealth of Virginia.
ITEM #5834
On motion by Councilman Gardner, seconded by Councilman Payne, and by
unanimous vote, the meeting adjourned.
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Richard J. Webbon, City Clerk
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City of Virginia Beach,
Virginia
May 7, 1973
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