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OCTOBER 6, 1992 MINUTES C),f "WORLD'S LARGEST RESORT CITY" (@ITY COUNCIL 11,11,,R,@Ell. E OBEM@@l, Al-@,@, .. . ..... CITY COUNCIL AGENDA @Ell@ 11-111A 'I'll .-I OCTOBER 6,1992 CITY COUNCIL WORKSHOP - Council Chamber - 9:00 AM A. CONTRACT REVIEW PROCESS TEAM PRESENTATION B. PRESENTATION OF CITY LOGOTYPE W. Andrew Burke, Director, Economic Development 13arker Campbell & Farley C. PAVILION EXPANSION FEASIBILITY STUDY James B. Ricketts, Director, Convention and Visitor Development D. CAPITAL IMPROVEMENT PROGRAM FY 1992-93 - 1997-98 REVIEW: SCHOOLS E. SAND REPLENISHMENT AT SANDBRIDGE Councilman Paul J. Lanteigne F. COUNCIL SCHEDULE FOR BUDGET PROCESS Councilman John D. Moss G. HEALTH INSURANCE Council Lady Nancy K. Parker and Councilman James W. Brazier, Jr. H. PENDING ITEMS UPDATE Ii. INFORMAL SESSION - Council Chamber - 12:30 PM A. CALL TO ORDER - Mayor Meyem E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION Ill. CITY MANAGER'S BRIEFING - Council Chamber - 1:00 PM A. VIRGINIA BEACH DEVELOPMENT AUTHORITY ALTERNATIVES TO PROJECTED CASH SHORTAGES Patricia A. Phillips, Director, Finance H. APPOINTMENTS HISTORICAL REVIEW BOARD TRANSPORTATION SAFETY COMMISSION 1. UNFINISHED BUSINESS J. NEW BUSINESS 1 COUNCIL-SPONSORED ITEM: a. Resolution directing the City Manager identify available funds that may be transferred within the FY 1992-1993 Operating Budget to increase the City's contribution to employees' health Insurance. (Sponsored by Vice-Mayor William D. Sessoms, Jr. and Councilman Louis R. Jones) K. ADJOURNMENT CITY COUNCIL PUBUC HEARINGS OCTOBER 8, 1992 Capital Improvement Program 7:00 PM (Prinoess Anne High School) NOVEMBER 10, 1992 Formal Session 2:00 PM (Capital Improvement Program) If you are physically disabled, hearing or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 9/30/92/mlm/cmd AGENDA\10-6-92.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 6, 1992 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WOPK SESSION of the VIRGINL4 BE,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 6, 1992, at 9. 00 A.M. Council Members Present.- John A. Baum, Linwood 0. Brancl; 111, James W. Brazier, Jr., Robert W Clybur@ Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, ]Vancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Absent.- None - 2 - CITY COUNCIL WORKSHOP ITEM # 36086 7he following topics were discussed.- CONTRACT REVIEW PROCESS TEAM PRESENT,4TION Pete Powers - Publfc Worky Contract Administrator Judith Robertson - Contracting Agent PRESENTATION OF CITY LOGOTYPE W. Andrew Burke - Director - Economic Development Barker Campbell & Farley PAVILION EXPANSION FEASIBILITY STUDY James B. Rickeus - Director - Convention and Visitor Development C4PITAL IMPROVEMENT PROGRAM FY 1992-93 - 1997-98 REVIEW. SCHOOLS E. Dean Block -Director - Management and Budget SAND REPLENISHMENT AT SANDBRIDGE Councilnwn Paul J. Lanteigne COUNCIL SCHEDULE FOR BUDGET PROCESS Councilnwn John D. Moss HFALTH INSURANCE Council Lady Nancy K. Parker Councilman James W. Brazier, Jr. (Deferred to a Future Date) PENDING ITEMS UPDATE City Manager James K. Spore October 6, 1992 - 3 - ITEM # 36087 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the P7RGINL4 BE,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 6, 1992, at 12:35 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. BrancA 111, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. None October 6, 1992 - 4 - ITEM # 36088 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 21 -344, Code of Virginia, as amende(4 for the following purposes: 1. PERSONNEL MAITERS, Discussion or consideration of or interviews of prospective candidates for employment, assignmen4 appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1). To - Wi t.- Appointments: Historical Review Board Parks and Recreation Commission Transportation Safety Commission Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburr4 City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc& III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and frice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent, None October 6, 1992 16 laps tilit CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 36088, Page No. 4, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R4fh Hodges gmith, CMC/AAE .6ity Clerk October 6, 1992 - 6 - CITY MANAGER'S BRIEFINGS VIRGINL4 BF,4CH DEYELOPMENT AUTHORITY ALTERNATIVES TO PROJECTED CASH SHORTAGES 1:05 P.M. ITEM # 36090 Mrs. Patricia A. Phillips - Director of Finance, advised on August 4, 1992, the Virginia Beach Development Authority (VBDA) presented its Annual Report to City Council 7he presentation included a review of the VBDAS financial condition which revealed a projected cash shortage by January 1993 due to scheduled debt service payments. As a result, the VBDA has requested assistance from the City Council in meeting its financial obligations during the current recession. City Council requested analysis and recommendations from the City Manager. 77ie Virginia Beach Development Authoiity - Alternatives To Projected Cash Shortages were prepared by Patricia A. Phillips, Director of Finance; Leslie L. Lilley - City Attorney, E Dean Block - Director of Management and Budget; W. Andrew Burke - Director of Economic Development; an4 Robert Scoff - Director of Planning. 7he VBDA was created in 1964 by the General Assembly (Chapter 643, Acts of the Assembly of 1964 as amended); to foster and stimulate economic development by encouraging the creation of new business and the relocation of existing industry to Virginia BeaciL Since its creation in 1964, VBDA has developed five office and industrial parks that have resulted in business and industrial property valued in excess of $415-MILLION, more than 12,400 jobs in 575 companies attracted to these parks and over $18-MILLION in real estate taxes paid to date. Since its creation, the Authority has issued securities and obtained bank loans to finance the infrastructure needed to fulfill its mission. Ihere is a cash shortage projected in January 1993 that will result in its inability to pay the bank loans that were procurred to finance Corporate Landing. Me Policy Report summarizes the assets of the Authority and their book value of approximately $31- MILLION, the largest portion being Corporate Landing ($20-MILLION). SUMAL4RY OF NOTES PAYABLE NationsBank (variable rate notes): Corporate Landing (LIBOR plus 1.401o, currently 5.41501o) $9,288,144 31st Street (LIBOR plus 1.55010, currently 5.003) 3,884,772 $13,172,916 Phites (Corporate Landing)9%: Note I (final payment due 1-93) 427,000 Note 2 (final payment due 6-98) 1,382,724 1,809,724 Pickler 9%: 170,000 TOTAL 2 640 Mrs. Phillips advised the objectives: Protect the City's credit position Provide some flexibility to the City Protect the Undesignated General Fund Balance Promote Economic Development Mrs. Phillips advised the following alternatives were identi)7ed because each would be seen by the credit rating agencies as a positive approach to dealing with and effectively managing the problem, financially and fi-om a debt management perspective: 1. Restructure VBDA Debt Service Requirements 2. Loan the Development Authority sufficient amounts to meet debt payments over the next two years. 3. City payment of outstanding debt. October 6, 1992 - 7 - CITY MANAG ER'S BRIE FINGS P7RGINL4 BF,4CH DEVELOPMENT AUTHORITY ALTERNATIVES TO PROJECTED CASH SHORTAGES ITEM # 36090 (Continued) Mrs. Phillips cited the City staffs recommendation. Each of the three alternatives identified are positive approaches to the VBDA projected cash shortage. However, the alternative that provides the most flexibility is Alternative No. 1, Restructure VBDA Debt Service Requirements. Ae maxiinum cash outlay by the City over the two -year period would be $2.2-MILLION and would represent loans to the YBDA. After the required release fees are paid to NationsBank from the proceeds of future land sales, the City should receive 80% of the remaining proceeds as repayment of the loans. Interest charge on the loans sold be at a rate that approximates the City's investment rates, recalculated quarterly. 7he advantages of Alternative No. 3 were cited.- Eliminates future interest payments of noteholders, including 9% notes. City is in ':first position " - would hold First Deed Of Trust. Eliminates risk of foreclosure upon and default by a "Virginia Beach" authority. Would enhance City control Retains VBDA ability to continue to sell property. Will be seen as a positive step by the credit rating agencies. EUminates future cash shortfalls, if sales are slow. Value of property is estimated at slightly greater. 77ie Development Authority is an arm of the City. 7he City Council created the Development Authority. W. Andrew Burke, Director - Economic Development, advised it will be approximately 5 to 7years before Burton Station can be utilized as an Industrial Park Mayor Oberndorf advised these Alternatives would be SCHEDULED for the City Council Session of October 13, 1992. Mayor Oberndorf advised all three alternatives are excellent; however, she is most comfortable with the alternative proposed by the staff as it provides the most flexibility and the least @ct on the Fund Balance. October 6, 1992 8 October 6, 1992 2:00 PM. Mayor Meyera E Oberndo?f called to order the FORAL4L SESSION of the P7RGINL4 BFACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 6, 1992, at 2:00 P.M. Council Members Present,- John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert W Clybur?; Robert K Dean, Louis R Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor William D. Sessonw, Jr. Council Members Absent,- None - 8 - FORMAL SESSION J,7RGINL4 BEACH CITY COUNCIL October 6, 1992 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the 1,7RGINL4 BE,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 6, 1992, at 2:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor William D. Sessotm, Jr. Council Members Absent: None INVOC4TION.- Robert E. Fentress PLEDGE OF ALLEGLINCE TO THE FL,4G OF THE UNITED STATES OF "ERIC4 October 6, 1992 9 item 1-y-El. MINUTES ITEM # 36091 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September 2Z 19922. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent,- None October 6, 1992 - 10 - -G CONSENT AGENDA ITEM # 36092 Upon motion by irice Mayor Sessonw, --nded by Council Lady Parker, City Council APPROYED in ONE MOTION Items 1, Z 3, 4, 5, 7 and 8 of the CONSENT AGENDA. Item I-V-G,6 of the CONSEAT AGENDA was voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dea?4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None Concerning Item G. 4, Councibnan Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of P"zrginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. Councibnan Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, concerning Item G.2, he is currently employed by the City of @irginia Beach as a member of City Council and as a police officer in a position in the Sheri)rs Office. Councilman Lanteigne disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councibnan Lanteigne's letter of October 5, 1992, is hereby made a part of the record. Councibnan Brazier DISCLOSED pursuant to Section 2.1 -639.14(G) of the Code of Virginia, concerning Item G.2 and G.5, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. Councilman Brazier disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councilinan Brazier's letters of October 5, 1992, are hereby made a part of the record. October 6, 1992 12 - t CONSEAIT AGENDA ITEM # 36094 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to "END and REORDAIN Section 27-2 of the Code of the City of ilirginia Beach, Virginia, re off-Duty Employment by Police Officers. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W. Clyburr4 Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessonw, Jr. Council Members Voting Nay: None Council Members Absent.- None Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Yzrginia Beach as a member of City Council and as a police officer in a position in the Sherifs Office. Councilman Lanteigne disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councilman Lanteigne's letter of October 5, 1992, is hereby made a part of the record. Councibnan Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. Councilman Brazier disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. CounciLman Brazier's letters of October 5, 1992, are hereby made a part of the record. October 6, 1992 APPROV@D TO CONTENTS SICNAIU@T DEPA@@@Tt@,-'@T APPROVED AS TO LEGAL ND FORM 1 AN ORDINANCE TO AMEND AND REORD@ 2 SECTION 27-2 OF THE CODE OF THE CITY CITT ATTORNEY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO POLICE. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 27-2 of the Code of the City of Virginia Beach, 8 Virginia, is hereby amended and reordained to read as follows: 9 Section 27-2. Departmental rules and regulations; duty 10 assignments. 11 (a) The chief of police, with the approval of the city 12 manager, shall make rules and regulations concerning the operation 13 of the department of police, the conduct of the officers and 14 employees thereof and their uniforms, arms, other equipment and 15 training. 16 (b) The chief of police shall assign all members of the 17 department of police to their respective posts, shifts, details and 18 duties. 19 (c) The chief of Police is authorized to permit police 20 officers to engage in off-duty employment which may occasionally 21 reciuire the use of police Powers in the Performance of such 22 employment, and may promulgate rules and regulations concernincr 23 such off-dutv employment. 24 Adopted by the Council of the City of Virginia Beach, Virginia 25 on the 6 day of October 1992. 26 CA-4838 27 \ORDIN\PROPOSED\27-002.PRO 28 R-2 - 13 - Item IV-G.3 CONSENT AGENDA ITEM # 36095 Upon motion by Vice Mayor Sessoiw, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AMEND and PEORDAIN Section 35-64 of the Code of the City of P-irginia Beach, rirginia, re Real Estate Tax exemption, deferrat or freeze for elderly and disabled persons. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc4 III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and ;rice Mayor William D. Sessona, Jr. Council Members Voting Nay: None Council Members Absent.- None October 6, 1992 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 35-64 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO EXEMPTION, DEFERRAL OR 5 FREEZE FOR ELDERLY AND DISABLED 6 PERSONS. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 35-64 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained to read as follows: 11 Section 35-64. General prerequisites to grant; effect of 12 residency in hospital, nursing home, etc. 13 (a) Either the exemption, deferral or freeze, but not more 14 than one, as provided for in this division shall be granted to 15 persons subject to the following provisions: 16 (1) The title to the property for which exemption, 17 deferral or freeze is claimed is held, or partially 18 held, on June thirtieth immediately preceding the 19 taxable year, by the person or persons claiming 20 exemption, deferral or freeze and is occupied as 21 the sole dwelling of such person or persons. 22 (2) The head of the household occupying the dwelling 23 and owning title or partial title thereto or either 24 spouse in a dwelling jointly held by a husband and 25 wife is either permanently and totally disabled or 26 is sixty-five (65) years of age or older on June 27 thirtieth of the year immediately preceding the 28 taxable year; provided however, that a dwelling 29 jointly held by a husband and wife may qualify if 30 either spouse is over sixty-five (65) years of age 31 on such date. 32 (3) The total combined income received from all sources 33 during the preceding calendar year by: (i) owners 34 of the dwelling who use it as their principal 35 residence and (ii) owners' relatives who live in 3 6 the dwelling, shall not exceed twenty thousand 37 dollars ($20,000.00); provided that the first five 38 thousand dollars ($5,000.00) of income of each 39 relative, other than a spouse of the owner, or 40 owners, who is living in the dwelling shall not be 41 included in such total; and provided further that 42 the first seven thousand five hundred dollars 43 ($7,500.00) or any portion thereof of income 44 received by a permanently and totally disabled 45 owner shall not be included in such total. 46 (4) The net combined financial worth, including 47 equitable interests, as of December thirty-first of 48 the year immediately preceding the taxable year, of 49 the owners, and of the spouse of any owner, 50 excluding the value of the dwelling and the land, 51 not exceeding one acre, upon which it is situated, 52 does not exceed seventy thousand dollars 53 ($70,000.00). 54 (5) The dwelling is occupied. 55 (b) Notwithstanding subdivision (a) of this section, if a 56 person has already qualified for an exemption or deferral under 57 this article, and if the person can prove by clear and convincing 58 evidence that after so qualifving the person's Physical or mental 59 health has deteriorated to the point that the onlv alternative to 60 permanently residing in a hosr)ital, nursing home, convalescent home 61 or other facilitv for phvsical or mental care is to have a relative 62 move in and Drovide care for the person, and if a relative does 63 then move in for that purpose, then none of the relative's income 64 shall be counted towards the income limit. 65 (@c) The fact that persons who are otherwise qualified for tax 66 exemption, deferral or freeze pursuant to this division are 67 residing in hospitals, nursing homes, convalescent homes or other 68 facilities for physical or mental care for extended periods of time 69 shall not be construed to mean that the real estate for which tax 70 exemption, deferral or freeze is sought does not continue to be the 2 7 1 sole dwelling of such persons during such extended periods of other 72 residence, so lonq as such real estate is not used by or leased to 73 others for consideration. 74 Adopted by the Council of the City of Virginia Beach, Virginia 6 October 75 on the day of 1992. 76 CA-4793 77 \ORDIN\PROPOSED\35-064.PRO 78 R-1 SIGN Real Estat DEPAR"MENT t-PPROVED Al TC @-@@GAL -U,-',ICiENCY ANF-) 1-@-.@M CITY Al T@'@4E 3 TAXATION SS 58.1-3211 SS 58.1-3211 F, @@ey f V@ni- la@ -- go@e-enw mr- 197r 77, -i.1 @elf-e fr th. y. r Vr@ 57 V' i,@s ..d y 63 V@, L. R.,. 1440 (1977). L 1970-1971 7 7, F.@ 58.1-3211. RestrictionS and e,.KenlptionS. - Any exemption or deferral a coty, city or to-n pursuant to SS 58.1-3210 shall be ng restrictions and conditions: bdivision 1 b of t@ section, the total combined income the prece(iitig caiendar year bv: (i) owners of pnncipal residence and (ii) owners' relatives exceed the greater Of $30,000, or the income the respective metropolitan statistical area, by the Der)artrnent of Housing and Urban Development eral housing assistance pursu-t to SS 235 of the National c (12 C SS 1715z). Any amount up to $6.500 of income of each the dwelling and who does relat@ who is not the spouse of an owner living in I b hereof may be not G,,,Iify fr the exemption pr,),ided b, subciivision ,.cl@ded from the totai combined income caiculation. The local goveniment mav also exclude up to $7.500 of inco-e for an owner who is permanently disabled. b. Notwithstanding subdivision 1 a of this section, if a persln has already oualified for an exemption or deferral under this article. and if the person can alifying the person's Dr,,,e bv clear and convincing ev-idence that after so qu @hvsical or mentai 'leaith has deteriorated to the point that the only rrnanentlv residing in a hospital. nursing home. convalescent aifer,naLive to pe 0 ,ental care is to have a reiative move in h,me or other facilitv for phvsical r ,nd orovide care for- tho ,er-son. and if a relative does then move in for that pu@o,e. then none of t@e reiative7s income shall be counted towards the income limit. 2. The net combined financiai worth, including the present value of all eauitable interests. as of December 31 of the inlmediate@'@ preceding calendar e of anv owner, excludig the "alue of the ,ear. of the ow-ners. and of the spous awelling and the land. not exceeding one dcre, ui)on which it is situated shall not exceed $75,000. The local go,ernment mav aiso exclude furnishings. Such fu,i,hings shall include funiture, household appiiances and other ite-S t, . bdivision 2. in picallv used in a home. 3. N@twithstanding the provisions of subdivision I and su anv county, ity or town having a 1980 population of more than 500,000 and ,n@ countv. citv o, town adjacent thereto or the Cities of Manassas. Manassas Park. Che-sai)eake, Suffolk. or Virgi-nia Beach. or the County of Chesterfle d the Tovm- of Leesburg, the board of supervisors or council may, by ns for any exeMDtiOn ,rdiriance, raise the income and financial .rth limitatio ,,r deferrai program to a ma-cimum of $40,000 for the total combined income amount. and $150.000 for the maximum net combined financial worth amount whi,h shall exclude the value of the dwelling and the land, not exceeding one acre, ut)on which it is situated. Any amount uu to $6,500 of income@of each rel-tive who is not the sr)ouse Of an Oviner living in the dwelling may be s l@ .1; 1971, Ex- Sess., c. ,,,Iuded under tbis uhd'Vision. (C()de 1950, SS 58-760 7', cc. 48, 169@ 1972, cc. 315, 616@ 1973, c. 496@ 1974. c. 427; 1976, c. 543; 19 , 453, 456; 1978. ce. -174. 776. 777@ 780, 788, 790: 1979. cc- 543. 544. 545. 563; 1980, @. 656@ 666, 6-13; 1981. c. 434; 1982, cc. 123. 457: 1984, cc. 267, 675" 1987, cc 525, 546; 1988, cc. 463. 466@ 1989 1 cc. 555, 568; 1990, cc. 479. 486, 504; 1991, c. 63 402 - 14 - Item IV-G.4 CONSEA7 AGENDA ITEM # 36096 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing acquisition of property in fee simple for right-of- way for Red Mill Elementary School sidewalk (CIP 1-988) with tempo-ry and permanent easements of right-of-way, either by agreement or condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dea?4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None Councibnan Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Counciltnan Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. October 6, 1992 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 RED MILL ELEMENTARY SCHOOL SIDEWALK, CIP 1-988 4 AND THE ACQUISITION OF TEMPORARY AND PERMANENT 5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT 6 OR CONDEMNATION 7 WHEREAS, in the opinion of the council of the City of 8 Virginia Beach, Virginia, a public necessity exists for the 9 construction of this important sidewalk for public purposes for the 10 preservation of the safety, health, peace, qood order, comfort, 11 convenience, and for the welfare of the people in the City of 12 Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City of Virginia Beach is hereby 16 authorized to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seg., 15.1-898, 15.1-899, 25-46.1, et secf., 18 33.1-89, et secr., Code of Virginia of 1950, as amended, and Section 19 2.01 of the City Charter of the City of Virginia Beach, all that 20 certain real property in fee simple, including temporary and 21 permanent easements of right of way as shown on the location map 22 entitled "SIDEWALK AT REDMILL ELEM. SCHOOL C.I.P. # 1-988,11 this 23 location map being on file in the office of Real Estate, Department 24 of Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized to 26 make or cause to be made on behalf of the City of Virginia Beach, 27 to the extent that funds are available, a reasonable offer to the 28 owners or persons having an interest in said lands, if refused, the 29 City Attorney is hereby authorized to institute proceedings to 30 condemn said property. 31 Adopted by the council of the City of Virginia Beach, 32 Virginia, on the 6 day of October 1992. 33 CA-4833 34 NONCODE\CA-4833.ORD 35 R-1 AP@ROVED AS TO CONTENTS -SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFF@ D ,7Nfr'Y AN @RM CITY ATTORNEY/' - 15 - Item IV-G.5 CONSEAIT AGENDA ITEM # 36097 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4TE $130, 000 in DEA Shared Assets Funds re purchase of a replacement helicopter engine by the Police Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dea@ Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None Councibnan Brazier DISCLOSED pursuant to Section 21-639.14(G) of the Code of Virginia, he is currently employed by the City of @irginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. Councilman Brazier disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councibnan Brazier@ letter of October 5, 1992, are hereby made a part of the record. October 6, 1992 AN ORDINANCE TO APPROPRIATE $130,000 IN DEA SHARED ASSETS FUNDS FOR THE PURPOSE OF PURCHASING A REPLACEMENT HELICOPTER ENGINE 1 WHEREAS, the engine of the Police Department'S Bell JetRanger 2 helicopter has reached the end of itB UBeful life and without replacement the 3 helicopter will have to be taken out of service; 4 WHEREAS, this helicopter is one of two the City currently has to 5 handle police calls, airborne communications, search and rescue, transportation, 6 and natural disabters; 7 WHEREAS, there is sufficient funds within the DEA Shared Assets Fund 8 to allow for the purchase of this engine replacement and no City funding will be 9 required. 10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, that $130,000 in DEA Shared Assets be appropriated for 12 the purpose of purchasing a replacement engine for the Police Department's 13 Helicopter. 14 BE IT FURTHER ORDAINED, that estimated revenues from the federal 15 government be increased by $130,000 for this purpose. 16 Adopted by the City Council of the City of Virginia Beach, Virginia 17 on this day October 6, 1992. Approved as to Content .a lter C. .ana,e.e.t@d B.'@ge@ - 16 - Item IV-G.6 CONSEAT AGENDA ITEM # 36098 Upon motion by Councibwn Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4TE a $20,956 Grant from the Virginia Chesapeake Bay Local Assistance Department; and, TRANSFER a $10,625 Grant Match fi-om the General Fund Reserve for Contingencies re a temporary position in the Virginia Beach Chesapeake Bay Preservation Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburr4 Robert K Dea?t Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and ;-Ice Mayor William D. Sessoms, Jr. Council Meynbers Voting Nay: None Council Members Absent.- None October 6, 1992 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 IN THE AMOUNT OF $20,956 FROM THE VIRGINIA 3 CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT 4 AND TO TRANSFER $10,625 AS A GRANT MATCH FROM 5 THE GENERAL FUND RESERVE FOR CONTINGENCIES 6 7 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local Assistance Depanment has 8 prov!dl-d a grant in the amount of $20,956 to support a temporary position for up to one year's duration to 9 carry out day to day oversight and educational work of the City of Virginia Beach Chesapeake Bay 10 Preservation Program; 11 WHEREAS, this grant requires a cash match of $10,625 which Is available In the FY 1992-93 12 General Fund Reserve for Contingencies in resources approved by the Council for the match; 13 WHEREAS, the work to be provided through these resources are considered vital to the continuing 14 work in Chesapeake Bay preservation in Virginia Beach. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, that a $20,956 grant be accepted from the Commonwealth of Virginia, and be appropriated to 17 the Department of Planning for Chesapeake Bay Preservation work, and that estimated Revenue from the 18 Commonwealth be increased by $20,956. 19 BE IT FURTHER ORDAINED that $10,625 be transferred from the FY 1992-93 Reserve for 20 Contingencies to the Department of Planning for a required cash match for the grant. 21 BE IT FURTHER ORDAINED that a full time temporary position be created within the Department of 22 Planning to carry out the work of this grant. 23 This ordinance shall be effective from the date of its adoption. 24 Adopted the 6 day of OctobeFl992, by the Council of the City of Virginia Beach, Virginia. Approved as to Content -Waltbr C. Krae@, r., Department of Management and Budget - 17 - Item IV-G.7 CONSENT AGENDA ITEM # 36099 UPon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $2ZOOO in the Fire Programs Fund re purchase of computer equipment to complete the computerization of all fire stations. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 111, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 6, 1992 AN ORDINANCE TO TRANSFER $22,000 IN THE FIRE PROGRAMS FUND FOR THE PURPOSE OF PURCHASING THE COMPUTER EQUIPMENT NECESSARY TO COMPLERE THE COMPLITERIZATION OF ALL FIRE STATIONS 1 WHEREAS, the Fire Department, in order to increase the effectiveness and efficiency of 2 personnel has attempted to utilize technology to reduce the volume of paper circulating within the 3 department, improve communications, and reduce duplicated/redundant tasks; 4 WHEREAS, the Fire Department has deemed technology important, R has proceeded in 5 attempting to procure microcomputer equipment for all fire stations, however, recent funding constraints 6 have limited this effort to 10 of the 18 fire stations; 7 WHEREAS, utilization of Fire Programs Funds will allow the department to purchase 8 computer equipment for the remaining 8 fire stations and provide 1 additional microcomputer for the Fire 9 Prevention Office; 10 WHEREAS, there arefunds available inthe FirePrograms Fundfrompriorallocations from 11 the Commonwealth, and use of these funds requires no local funding match. 12 NOWTHEREFORE, BE ITORDAINED BYTHE CITYCOUNCILOFTHE CITYOFVIRGINIA 13 BEACH, VIRGINIA, that $22,000 in the Fire Programs Fund be transferred for the purpose of purchasing 14 the computer equipment needed to complete the computerization of the Fire Stations and to provide 1 1 5 additional microcomputer for the Fire Prevention Office. 1 6 Adopted by the City Council of the City of Virginia Beach, Virginia on this day 1 7 October 6 1992. Approved as to Content Walter C. Kraemo; Jr. Department of Management and Budget - 18 - Item IV-G.8 CONSENT AGENDA ITEM # 36100 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $7,372.91 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc4 III, James W. Brazier, Jr., Robert W Clyburr; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and 1-ice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Non e Council Members Absent.- None October 6, 1992 FORM NO. C.& 8 R@. "6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Thomas, Elizabeth 1990-92 Audit 25.17 25.17 1320 Kasba Court Virginia Beach, VA 23464 Tidewater Electromagnetics Inc. 2409 Bowland Parkway #103 1991 Audit 2,869.52 2,869.52 Virginia Beach, VA 23454 Tidewater Heating & Air Conditioning Inc. c/o Chancey W. Walker III 1991 Audit 424.06 424.06 424 Discovery Circle Virginia Beach, VA 23451 Tidewater Psychiatric Institute 1701 Will 0 Wisp Drive 1991-92 Audit 300.55 300.55 Virginia Beach, VA 23451 Attn: Kipp Jones, Asst. Controller Certified as to Payment: @ert P. Vaugran - @ Commissioner of the frevenue Approved as to form: @es i@e L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3, 619. 30 were approved by the Council 6 October 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk FMM NO. C.& 8 AEV@ 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Dernis International Marketing Co. 2600 Reliance Drive 1989-92 Audit 3,423.18 3,423.18 Virginia Beach, VA 23452 PRC Inc. 1992 6/11/92 30.00 30.00 1500 Planning Research Drive McLean, VA 22102 Sturges, Allan E. & Dorothy N. T/A D & A Sport Cards 1990-92 Audit 62.87 62.87 6027 Stonewall Parkway #101 Mechanicsville, VA 23111 Certified as to Payment: P.Vaughan Comi ssioner of th R@evenue Approved as to form: Le-srie L. Lille-y City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 3,516.05 were approved by the Council of the City of Virginia Beach on the 6 day of October '19 92 Ruth Hodges Smith City Clerk FORM NO. C.& 8 R@@ au AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Bradfield, Ted K. 1990-91 Audit 37.37 37.37 1824 Sechrist Court Virginia Beach, VA 23454 Burke, Michael J. 1990 Audit 15.77 15.77 T/A VA Lighting System of Tidewater 6365 Colby Way Virginia Beach, VA 23464 Burnor, Barry D. 1989-90 Audit 30.00 30.00 T/A B & M Enterprises 1209 Brookhill Court Virginia Beach, VA 23454 Certified as to Payment: Commi@ sioner of the e Approved as to form: @sli@e L. Lille City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 83-14 were approved by the Council 6 October 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk FORM NO. C.A. 8 FIEV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Campbell, Carl E. 1989-91 Audit 30.00 30.00 2832 WiigwaaS Lane Virginia Beach, VA 23451 Cox, Shirlene & Ron Lawrence T/A Change A Bow 1989-90 Audit 30.00 30.00 P. 0. Box 12304 Norfolk, VA 23502 Crabtree, Myrtle Rose 1990 Audit 30.00 30.00 T/A Ocean Breeze Restaurant 205 34th Street Virginia Beach, VA 23451 Crosson, Max L. 1991-92 Audit 64.42 64.42 T/A Maxs Pride 2345 S. Stowe Road Virginia Beach, VA 23457 Certified as to Payment: .bert P .gha@ Commissioner of tN-e Revenue Approved as to form: ili-ey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 154. 42 were approved by the Council of the City of Virginia Beach on the6day of October .19 92 Ruth Hodges Smith City Clerk - 19 - Item iv-H.I. APPOINTMEA7'S ITEM # 36101 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOIAITED- HISTORICAL REVIEW BOARD Efizabeth F. McClane Charlotte H. Purkey Two -year tertm 1111192 thur 10131194 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 Ill James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 6, 1992 - 20 - Item IV-H.2. APPOINTMEA'TS ITEM # 36102 Upon NOMINATION by Vice Mayor Sessonts, City Council APPOIAITED. PARKS AND RECREATION COMMISSION Mark Snyder Unexpired Term thur 8131194 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Ylce Mayor William D. Sessona, Jr. Council Members Voting Nay: None Council Members Absent.- None October 6, 1992 - 21 - Item IV-H.3. APPOINTMEATS ITEM # 36103 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: TRANSPORTATION SAFETY COMMISSION Kathryn Btyan AND, REAPPOINTED Dlwight Blankenbaker 3-year terim 1111192 thru 10131195 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoym, Jr. Council Members Voting Nay: None Council Members Absent.- None October 6, 1992 - 22 - Item IV-.Ll.a. NEW BUSINESS ITEM # 36104 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution directing the City Manager identify available funds that may be transferred within EY 1992-1993 Operating Budget to increase the City's contribution to employees' health insurance. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dea?4 Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessonts, Jr. Council Members Voting Nay: None Council Members Absent.- None Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Sheriff's Offlce. Councilman Lanteigne disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councibnan Lanteigne@ letter of October 5, 1992, is hereby made a part of the record. Councibnan Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of lrzrginia, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. Councilman Brazier disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councilman Brazier@ letter of October 5, 1992, are hereby made a part of the record. October 6, 1992 Requested by Vice-Mayor William D. Sessoms, Jr. and Councilman Louis R. Jones 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO IDENTIFY AVAILABLE FUNDS 3 THAT MAY BE TRANSFERRED WITHIN THE 4 FY 1992-93 OPERATING BUDGET TO 5 INCREASE THE CITY'S CONTRIBUTION TO 6 EMPLOYEES' HEALTH INSURANCE 7 WHEREAS, the cost of health care insurance for City 8 employees and their families will significantly increase effective 9 January 1, 1993; 10 WHEREAS, it is the desire of City Council to mitigate the 11 impact of rising health care costs on City employees by increasing 12 the City's monthly contribution to employees' health care premiums 13 in the amount of Ten Dollars ($10.00) per month in addition to the 14 Twenty Dollars ($20.00) per month increase previously included in 15 the Fiscal Year 1992-93 Operating Budget; and 16 WHEREAS, it is the intent of City Council, while 17 effecting such increase, not to adversely impact the City budget. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the City Manager is hereby directed to identify 21 available funds that may be transferred within the FY 1992-93 22 Operating Budget to increase the City's contribution to employees' 23 health insurance in the amount of Ten Dollars ($10.00) per month, 24 in addition to the Twenty Dollars ($20.00) per month increase 25 previously approved in the FY 1992-93 Operating Budget; and 26 BE IT FURTHER RESOLVED: 27 That prior to January 1, 1993, and upon the 28 identification of available funds, the City Manager is directed to 29 return to City Council with an ordinance to transfer the funds 30 within the FY 1992-93 Operating Budget for this purpose. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 6 day of October 1992. 33 CA-4841 34 ORDIN\NONCODE\INSUR.RES 35 R-3 - 23 - Item IV-.Ll.b. NEW BUSINESS ITEM # 36105 ADD-ON Upon motion by Council Lady Parker, seconded by Councilman Clybur?4 City Council AGREED TO ADD TO 7HE AGENDA: Designation of VotinglAtternate Voting Delegates to the VML ANNUAL CONFEPENCE, October 29, 1992. Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Brancl; 111, James W. Brazier, Jr., Robert W. Clybur?; Robert K Dea'4 Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 6, 1992 - 24 - Item IV-.Ll.c. NEW BUSINESS ITEM # 36106 ADD-ON Upon NOMINATION by Councilman Clyburt4 City Council APPOINTED: VML ANNUAL CONFERENCE Mayor Meyera E. Oberndorf VOTING DELEGATE Upon NOMINATION by Councibnan Brazier, City Council APPOIAITED: VML ANNUAL CONFERENCE Council Lady Nancy K. Parker ALTERNATE VOTING DELEGATE Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburi; Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Non e Council Members Absent.- Non e October 6, 1992 - 25 - Item I"V-J.I.d. NEW BUSINESS ITEM # 36107 ADD-ON Councibwn Lanteigne complunented City Attomey Leslie L. Lilley concerning his Annual Report. Mr. Lilley and his staff are to be commended for their reduction in outside counsel, from $700, 000 during the Fiscal Year 1989 Budget to slightly over $7,000 in the current Fiscal Year, $6,000 of which involved downzoning. Mr. Lilley is to be recognled for his reduction of 99% of their budget in outside counsel litigation. October 6, 1992 - 26 - item IV-Y-I. ADJOURNMENT ITEM # 36108 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 2:35 P.M. Beverly 0. Hooks, CMC Chief Deputy City Clerk -Puth Hodges Smit,% CMCIAAE M-y a F- b@rdor@- City Clerk Mayor City of Virginia Beach Virginia October 6, 1992 - 13 - Item IV-G.3 CONSENT AGENDA ITEM # 36095 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 35-64 of the Code of the City of Virginia Beach, Virginia, re Real Estate Tax exemption, deferral or freeze for elderly and disabled persons. Voting: I1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II1, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-64 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO EXEMPTION, DEFERRAL OR FREEZE FOR ELDERLY AND DISABLED PERSONS. BE IT ORDAINED BY BEACH, VIRGINIA: That Section 35-64 Virginia, THE CITY COUNCIL OF THE CITY OF VIRGINIA of the Code of the City of Virginia Beach, is hereby amended and reordained to read as follows: Section 35-64. General prerequisites to grant; residency in hospital, nursing home, effect of etc. (a) Either the exemption, deferral or freeze, but not more than one, as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, (2) deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided however, that a dwelling (3) jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age on such date. The total combined income received from all sources during the preceding calendar year by: (i) owners of the dwelling who use it as their principal residence and (ii) owners' relatives who live in 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 the dwelling, shall not exceed twenty thousand dollars ($20,000.00); provided that the first five thousand dollars ($5,000.00) of income of each relative, other than a spouse of the owner, or owners, who is living in the dwelling shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) The net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land, not exceeding one acre, upon which it is situated, does not exceed seventy thousand dollars ($7O,0OO.0O). (5) The dwelling is occupied. lb) Notwithstandinq subdivision fa) of this section, if a person has already qualified for an exemption or deferral under this article, and if the person can prove by clear and convincing evidence that after so qualifyinq the person's physical or mental health has deteriorated to the point that the only alternative to permanently residinq in a hospital, nursinq home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if a relative does then move in for that purpose, then none of the relative's income shall be counted towards the income limit. (~) The fact that persons who are otherwise qualified for tax exemption, deferral or freeze pursuant to this division are residing in hospitals, nursing homes, convalescent homes or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption, deferral or freeze is sought does not continue to be the 71 72 73 sole dwelling of such persons during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. 74 75 Adopted by the Council of the city of Virginia Beach, Virginia 6 0ctober on the day of , 1992. 76 77 78 CA-4793 \ORDIN\PROPOSED\35-064.PRO R-1 Real Estate Assessor DEPARTMENT ~PPROVED AS TO LEGAL _U~FfCIENC¥ AND /:~_~M § 58.1-3211 TAXATION Law' Rewiew. -- For survey of Virginia law on taxation for the year 1970-197t. see 57 Va. L. Rev. 1618 ~1971); for the year 1973-1974, see 60 V~. L. Rev. 1607 (1974); for the year 1976-77, see 63 Va. L. Rev. 1486 (1977). For § 58.1-3211 survey of V~rginia law on goverrunenta] ~er- vices and socia} welfare for the year 1976-77, see 63 Va. L. Rev. 1440 (1977). § 58.1-3211. Restrictions ~nd exemptions. -- Any exemption or deferral program enacted by a county., city or town pursuant to § 58.1-3210 shall be subject to the following restrictions and conditions: 1. a Subject to subdivision 1 b of this section, the total combined income received from all sources during the preceding calendar year by (i) owners of the dwelling who use it as their principal residence and (ii) owners' relatives who live in the d~velling, shall not exceed the greater of $30,000, or the income limi~ based upon family size for the respective metropolitan statistical area, armuall..v~ ~ublifihed by the D~partm~nt of Housing andol~b~anfDt~v~yP, mennat~ for quah .tying ~or federal housing assistance pursuant to2 zv~' ?~r e ~a~o m ~ausin~ ~ct 12 USC § Z715z). Any amount up to $6,o00 o~ income or each relative who is nor the spouse of an owner hvmg m the dwelling and ho does not qualify for the exemption provided by subdivision 1 b hereof may be excluded from the total combined income calculation. The local government mav also exclude up to $7,500 of income for an owner who is permanently disabled. b. Notwithstanding subdivision i a of this section, if a person has already oualified for an exempuion or deferral under this article, and if the person can drove by clear and convincing evidence that after so qualifying the person's bhvsica] or mental health has deteriorated to the point that the only klt'ernauive to permanenttv residing in a hospital, nursing home. convalescent home or other facility for ~hysical or mental care is to have a relative move in and vrovide care for the eerson, and if a relative does then move in for that purp'ose, r, hen none of tl~e reiative's income shall be counted towards the income limit. 2. The net combined financial worth, including the present value of all eauitable interests, as of December 31 of the immediately preceding calendar v4ar. of the owners, and of the spouse of any owner, excluding the value of the ~iwelling and the land. not exceeding one acre, uvon which it is situated shall not exceed $75.000. The local government may aiso exclude furnishings. Such furnishings shall include furniture, household appliances and other items wpicallv used in a home. ~ 3. N(~twithstanding the provisions of subdivision I and subdivision 2. in any county, city or town having a 1980 population of more than 500,000 and ank county, city or town adjacent thereto or the Cities of Manassas, Manassas Park. Chesaoeake. Suffolk. or Virginia Beach. or the CounW of Chesterfield. or the Tow~ of Leesburg, the board of supervisors or council may, by ordinance, raise the income and financial worth limitations for any exemption or deferral program to a maximum of $40,000 for the total combined income amount, and $150,000 for the maximum net combined financial worth amount which shall exclude the value of the dwelling and the land, not exceeding one acre, unsn which it is situated. Any amount uv to $6,500 of income'of each relativ~ who is not the snsuse or an owner li~ing in the dwelling may be excluded under this subdivision. (Code 1950. § 58-760.1; 1971, Ex. Sess., c. 169: 1972, cc. 315, 616: 1973, c. 496: 1974, c. 427; 1976, c. 543; 1977, cc. 48, 453, 456: 1978. cc. 774. 776, 777, 780. 788, 790: 1979. cc. 543,544. 545. 563; 1980, cc. 656, 666, 6'3, !981, c. 434: 1982, cc. 123. 457: 1984, cc. 267, 675; 1987, cc. 525, 546; 1988. cc. 463. 466; 1989, cc. 555, 568; 1990, cc. 479, 486, 504; 1991, c. 63.) 402 - 14 - Item IV-G.4 CONSENT AGENDA ITEM # 36096 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing acquisition of property in fee simple for right-of- way for Red Mill Elementary School sidewalk (CIP 1-988) with temporary and permanent easements of right-of-way, either by agreement or condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert I,E. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy t¢ Parker and Vice Mayor Itrtlliam D. Sessotns, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of lftrginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. October 6, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR RED MILL ELEMENTARY SCHOOL SIDEWALK, CIP 1-988 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the city of Virginia Beach, Virginia, a public necessity exists for the construction of this important sidewalk for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the city of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the city of Virginia Beach is hereby authorized to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, 25-46.1, et seq., 33.1-89, et seq., Code of Virginia of 1950, as amended, and Section 2.01 of the City Charter of the city of Virginia Beach, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the location map entitled "SIDEWALK AT REDMILL ELEM. SCHOOL C.I.P. # 1-988," this location map being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the city Manager is hereby authorized to make or cause to be made on behalf of the city of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to council of the City of Virginia Beach, 0ctober , 1992. condemn said property. Adopted by the Virginia, on the 6 day of CA-4833 NONCODE \ CA-4833. ORD R-1 AP~pROVED AS TO CONTENTS 8I~NA~RE DEP~TMENT APPROVED AS TO LEGAL SUFFICIENCY ~I~I~D FORM CITY ATTORNEY/ ~ - 15 - Item 1V-G.$ CONSENT AGENDA ITEM # 36097 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $130,000 in DEA Shared Assets Funds re purchase of a replacement helicopter engine by the Police Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. Councilman Brazier disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councilman Brazier's letter of October 5, 1992, are hereby made a part of the record. October 6, 1992 JAMES W BRAZIER JR COUNCILMAN LYNNHAVEN BOROUGH (804) 481 3800 3200 LYNNHAVEN DRIVE #302 ViRGINiA BEACH VIRGINIA 23454 October 5, 1992 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the City Council consideration of an ordinance to appropriate $130,000 in DEA Shared Assets Funds for the purchase of a replacement engine for the Police Department's helicopter. I am currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. o It is not reasonably foreseeable that I will reali?e a direct or indirect financial benefit or detriment as a result of this transaction. Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Mrs. Ruth Hodges Smith -2- October 5, 1992 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an op'mion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. JWBJr./clb Enclosure Sincerely, Councilman City oF Virginia Beach LESLIE L LtLLEY MUNICIPAL CENTER CITY ATTORNEY VIRGINIA 8EACH VA 23456 9004 (804) 4274531 FAX (804} 426 5687 October 5, 1992 Councilman James W. Brazier, Jr. Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Opinion Dear Councilman Brazier: I am writing in response to your request for an opinion as to whether you may participate in City Council's consideration of an ordinance to appropriate $130,000 in DEA Shared Assets Funds for the purchase of a replacement engine for the Police Department's helicopter. The ordinance is scheduled for the October 6, 1992, meeting of the Council. SUMMARY CONCLUSION: I am of the opinion that since the Conflict of Interests Act does not anticipate the personal interests of a legislator-employee regarding the transactions before a public body, you do not have a personal interest in the transaction as defined by the Act. Thus, you are permitted to participate in this matter without restriction. Notwithstanding this conclusion, I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in cases in which you will realize a reasonably foreseeable direct or indirect benefit or liability. The facts as referenced herein indicate that you will not personally realize a financial benefit or liability as a result of the transaction. For these reasons, you are permitted to participate in this matter without restriction. Councilman James W. Brazier, Jr. -2- Re: Conflict of Interests Opinion October 5, 1992 For your information I have outlined the disclosure requirements of § 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts and discussions. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. FACTS PRESENTED: Your request for an advisory opinion is generated by Council's consideration of an ordinance to appropriate $130,000 in DEA Shared Assets Funds for the purchase of a replacement engine for the Police Depathnent's helicopter. The ordinance is currently scheduled on the agenda for October 6, 1992. You advise that your area of concern with respect to the transaction is that you are currently employed by the City of Virginia Beach as a police officer assigned to a position in the Commonwealth's Attorney's Office, and that you are also a Council member of the City of Virginia Beach. You receive an annual salary in excess of $10,000.00 from the City. ISSUE: Are you precluded from participating in Council's consideration of the ordinance to appropriate $130,000 in DEA Shared Assets Funds for the purchase of a replacement engine for the Police Depathnent's helicopter? DISCUSSION: I. Applicable Definitions of 82.1-639.2: A. City Council is a "governmental agency" under the definition, as it is a legislative branch of local government. B. You are an officer within the meaning of "officer". Councilman James W. Brazier, Jr. -3- Re: Conflict of Interests Opinion October 5, 1992 C. Council consideration of the ordinance to appropriate $130,000 to the Police Depa~h~ent is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. A~lication of Definitions: A. Personal Interest My review of the facts indicates that you do not have a "personal interest" as defined above, because you do not receive a salary from a "business". Instead your salary is paid by the City of Virginia Beach which is classified under the Act as a governmental agency. B. Personal Interest in the Transaction You do not have a "personal interesff, as defined above, therefore you cannot have a "personal interest in the transaction" under the definition of the Conflict of Interests Act. III. Disclosure Requirements Based on the fact that you have no personal interest in the Council's consideration of the ordinance to appropriate $130,000 to the Police Department, it is my opinion that you are able to participate in City Council's discussion and vote on the ordinance without restriction. Councilman James W. Brazier, Jr. -4- Re: Conflict of Interests Opinion October 5, 1992 The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transaction without restriction. However, if you are concerned that participating in the transaction could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: You may either disclose the facts as presented herein and proceed to vote as to this txansaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide, in the alternative to declare your interest and abstain, a proposed disclosure letter which complies with § 2.1-639.14(E) is also enclosed. You may either make the declaration orally, which will be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make the declaration available for public inspection for a period of five years from the date of recording or receipt. Please contact me should you desire any additional information. Very truly yours, Leslie L. Lilley City Attorney LLL/RMB/clb Enclosure AN ORDINANCE TO APPROPRIATE $130,000 IN DEA SHARED ASSETS FUNDS FOR THE PURPOSE OF PURCHASING A REPLACEMENT HELICOPTER ENOINE 1 2 3 WHEREAS, the engine of the Police Department's Bell JetRanger helicopter has reached the end of its useful life and without replacement the helicopter will have to be taken out of service; 4 5 6 WHEREAS, this helicopter is one of two the City currently has to handle police calls, airborne communications, search and rescue, transportation, and natural disasters; 7 8 9 WHEREAS, there is sufficient funds within the DEA Shared Assets Fund to allow for the purchase of this engine replacement and no City funding will be required. 10 11 12 13 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $130,000 in DEA Shared Assets be appropriated for the purpose of purchasing a replacement engine for the Police Department's Helicopter. 14 15 BE IT FURTHER ORDAINED, that estimated revenues from the federal government be increased by $130,000 for this purpose. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia on this day October 6~ , 1992. Approved as to Content -~al'tor 12. EraS, .Jr. Management arid Budget - 16 - Item I~-G.6 CONSENT AGENDA ~EM #36~8 Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $20,956 Grant from the Virginia Chesapeake Bay Local Assistance Department; and, TRANSFER a $10,625 Grant Match from the General Fund Reserve for Contingencies re a temporary position in the V~rginia Beach Chesapeake Bay Preservation Program. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert KO Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy Ko Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $20,956 FROM THE VIRGINIA CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT AND TO TRANSFER $10,625 AS A GRANT MATCH FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local Assistance Department has provided a grant in the amount of $20,956 to support a temporary position for up to one year's duration to carry out day to day oversight and educational work of the City of Virginia Beach Chesapeake Bay Preservation Program; WHEREAS, this grant requires a cash match of $10,625 which is available in the FY 1992-93 General Fund Reserve for Contingencies in resources approved by the Council for the match; WHEREAS, the work to be provided through these resources are considered vital to the continuing work in Chesapeake Bay preservation in Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a $20,956 grant be accepted from the Commonwealth of Virginia, and be appropriated to the Department of Planning for Chesapeake Bay Preservation work, and that estimated Revenue from the Commonwealth be increased by $20,956. BE IT FURTHER ORDAINED that $10,625 be transferred from the FY 1992-93 Reserve for Contingencies to the Department of Planning for a required cash match for the grant. BE IT FURTHER ORDAINED that a full time temporary position be created within the Department of Planning to carry out the work of this grant. This ordinance shall be effective from the date of its adoption. Adopted the 6 day of Oct:°be,~1992. by the Council of the City of Virginia Beach, Virginia. Approved as to Content '~Nalt~r C. Kraerrje~r., Department of Management and Budget - 17- Item I~-G.7 CONSENT AGENDA ITEM # 36099 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $22,000 in the Fire Programs Fund re purchase of computer equipment to complete the computerization of all fire stations. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor Itrtlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 AN ORDINANCE TO TRANSFER $22,000 IN THE FIRE PROGRAMS FUND FOR THE PURPOSE OF PURCHASING THE COMPUTER EQUIPMENT NECESSARY TO COMPLETE THE COMPUTERIZATION OF ALL FIRE STATIONS WHEREAS, the Fire Department, in order to increase the effectiveness and efficiency of personnel has attempted to utilize technology to reduce the volume of paper circulating within the department, improve communications, and reduce duplicated/redundant tasks; WHEREAS, the Fire Department has deemed technology important, it has proceeded in attempting to procure microcomputer equipment for all fire stations, however, recent funding constraints have limited this effort to 10 of the 18 fire stations; 7 8 9 WHEREAS, utilization of Fire Programs Funds will allow the department to purchase computer equipment for the remaining 8 fire stations and provide 1 additional microcomputer for the Fire Prevention Office; 10 11 WHEREAS, there are funds available in the Fire Programs Fund from prior allocations from the Commonwealth, and use of these funds requires no local funding match. 12 13 14 15 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $22,000 in the Fire Programs Fund be transferred for the purpose of purchasing the computer equipment needed to complete the computerization of the Fire Stations and to provide 1 additional microcomputer for the Fire Prevention Office. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia on this day October 6 ,1992. Approved as to Content 'Waiter C. Kraera~;, ,Jr. Department of Management and Budget - 18 - Item IV-G.8 CONSENT AGENDA ITEM # 36100 Upon motion by l/ice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $7,372.91 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and l/ice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int, Total 1990-92 Audit 25.17 25.17 Thomas, Elizabeth 1320 Kasba Court Virginia Beach, VA 23464 Tidewater Electromagnetics Inc. 2409 Bowland Parkway #103 1991 Virginia Beach, VA 23454 Audit 2,869.52 2,869.52 Tidewater Heating & Air Conditioning Inc. c/o Chancey W. Walker III 1991 Audit 424 Discovery Circle Virginia Beach, VA 23451 424.06 424.06 Tidewater Psychiatric Institute 1701 Will 0 Wisp Drive 1991-92 Virginia Beach, VA 23451 Attn: Kipp Jones, Asst. Controller Audit 300.55 300.55 Certified as to Payment: LR~ert P, Vau'g~an 'z:~ Commissioner of the Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3,619.30 of the City of Virginia Beach on the __ day of Approved as to form: were approved by the Council October 92 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Dernis International Marketing Co. 2600 Reliance Drive 1989-92 Virginia Beach, VA 23452 PRC Inc. 1992 1500 Planning Research Drive McLean, VA 22102 Sturges, Allan E. & Dorothy N. T/A D & A Sport Cards 1990-92 6027 Stonewall Parkway #101 Mechanicsville, VA 23111 Audit 3,423.18 3,423.18 6/11/92 30.00 30.00 Audit 62.87 62.87 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3,516.05 of the City of Virginia Beach on the 6 day of Certified as to Payment: Approved as to form: ~'s~e i. Lille~ City Attorney were approved by the Council October , 19 92 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Bradfield, Ted K. 1824 Sechrist Court Virginia Beach, VA 23454 1990-91 Audit 37.37 37.37 Burke, Michael J. 1990 T/A VA Lighting System of Tidewater 6365 Colby Way Virginia Beach, VA 23464 Burnor, Barry D. T/A B & M Enterprises 1209 Brookhill Court Virginia Beach, VA 23454 Audit 15.77 15.77 1989-90 Audit 30.00 30.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~ 83.14 of the City of Virginia Beach on the __ day of Certified as to Payment: Approved as to form: were approved by the Council October 92 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3~6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the folloWing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total 1989-91 Audit 30.00 30.00 Campbell, Carl E. 2832 Wiigwaas Lane Virginia Beach, VA 23451 Cox, Shirlene & Ron Lawrence T/A Change A Bow 1989-90 P. O. Box 12304 Norfolk, VA 23502 Crabtree, Myrtle Rose T/A Ocean Breeze Restaurant 205 34th Street Virginia Beach, VA 23451 Audit 30.00 30.00 Crosson, Max L. T/A Maxs Pride 2345 S. Stowe Road Virginia Beach, VA 23457 1990 Audit 30.00 30.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 154.42 of the City of Virginia Beach on the__{5 day of 1991-92 Audit 64.42 64.42 Certified as to Payment: /C~C ~ ~er n~i ~; i o~na~r~ohfat~ eh~R e v e n u e Approved as to form: ~'~ L. Lilly -~ City Attorney were approved by the Council October , 19 92 Ruth Hodges Smith City Clerk - 19 - Item IV-H.1. APPOINTMENTS ITEM # 36101 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: HISTORICAL REVIEW BOARD Elizabeth F. McClane Charlotte H. Purkey Two-year terms 11/1/92 thur 10/31/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 - 20 - Item IV-H.2. APPOINTMENTS ITEM # 36102 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: PARKS AND RECREATION COMMISSION Mark Snyder Unexpired Term thur 8/31/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndor~, Nancy IC Parker and l~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 - 21 - Item 1V-H.3. APPOINTMENTS ITEM # 36103 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: AND, REAPPOINTED TRANSPORTATION SAFETY COMMISSION Kathryn Bryan Dwight Blankenbaker 3-year terms 11/1/92 thru 10/31/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL James W. Brazier, Jr., Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor l~lliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 - 22 - Item IV-.LI.a. NEW BUSINESS ITEM # 36104 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution directing the City Manager identify available funds that may be transferred within FY 1992-1993 Operating Budget to increase the City's contribution to employees' health insurance. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of V~rginia, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Sheriffs Office. Councilman Lanteigne disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councilman Lanteigne's letter of October 5, 1992, is hereby made a part of the record. Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is currently employed by the City of Virginia Beach as a member of City Council and as a police officer in a position in the Office of the Commonwealth's Attorney. Councilman Brazier disclosed this interest and declared that he was able to participate in the transaction fairly, objectively, and in the public interest. Councilman Brazier's letter of October 5, 1992, are hereby made a part of the record. October 6, 1992 Requested by Vice-Mayor William D. Sessoms, Jr. and Councilman Louis R. Jones 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A RESOLUTION DIRECTING THE CITY MANAGER TO IDENTIFY AVAILABLE FUNDS THAT MAY BE TRANSFERRED WITHIN THE FY 1992-93 OPERATING BUDGET TO INCREASE THE CITY'S CONTRIBUTION TO EMPLOYEES' HEALTH INSURANCE WHEREAS, the cost of health care insurance for city employees and their families will significantly increase effective January 1, 1993; WHEREAS, it is the desire of City Council to mitigate the impact of rising health care costs on City employees by increasing the City's monthly contribution to employees' health care premiums in the amount of Ten Dollars ($10.00) per month in addition to the Twenty Dollars ($20.00) per month increase previously included in the Fiscal Year 1992-93 Operating Budget; and WHEREAS, it is the intent of city Council, while effecting such increase, not to adversely impact the City budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed available funds that may be transferred within the to identify FY 1992-93 Operating Budget to increase the City's contribution to employees' health insurance in the amount of Ten Dollars ($10.00) per month, in addition to the Twenty Dollars ($20.00) per month increase previously approved in the FY 1992-93 Operating Budget; and BE IT FURTHER RESOLVED: That prior to January 1, 1993, and upon the identification of available funds, the City Manager is directed to return to City Council with an ordinance to transfer the funds within the FY 1992-93 Operating Budget for this purpose. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of October , 1992. CA-4841 ORDIN \NONCODE \ INSUR. RES R-3 - 23 - Item IV-.LI.b. NEW BUSINESS ITEM tl 36105 ADD-ON Upon motion by Council Lady Parker, seconded by Councilman Clyburn, City Council AGREED TO ADD TO THE AGENDA: Designation of Voting/Alternate Voting Delegates to the VML ANNUAL CONFERENCE, October 29, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert gE. Clyburn, Robert I~2 Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and l. qce Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None October 6, 1992 - 24 - Item lV-.Ll.c. NEW BUSINESS ITEM # 36106 ADD-ON Upon NOMINATION by Councilman Clyburn, City Council APPOINTED: VML ANNUAL CONFERENCE Mayor Meyera E. Oberndorf VOTING DELEGATE Upon NOMINATION by Councilman Brazier, City Council APPOINTED: VML ANNUAL CONFERENCE Council Lady Nancy K. Parker ALTERNATE VOTING DELEGATE Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K~ Parker and V~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October (~ 1992 Item IV-J.l.d. NEW BUSINESS ITEM# 36107 ADD-ON Councilman Lanteigne complimented City Attorney Leslie L. Lilley concerning his Annual Report. Mr. Lilley and his staff are to be commended for their reduction in outside counsel, from $700,000 during the Fiscal Year 1989 Budget to slightly over $7,000 in the current Fiscal Year, $6,000 of which involved downzoning. Mr. Lilley is to be recognized for his reduction of 99% of their budget in outside counsel litigation. October 6, 1992 - 26 - Item IV-K.L ADJOURNMENT ITEM# 36108 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 2:35 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Mayor City of Virginia Beach Virginia October 6, 1992