NOVEMBER 28, 1977
CITY OF VIRGINII BEAC
MUNICIPAL CENTER
R-s-,d City" VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B .... gh J. HENRY M@COY, ],., D.D.S., K-p@.ill, B@,..gh
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g,
JOHN A. BAUM, BI.,k..,@, B.,@.gh J. CURTIS PAYNE, P,i.@@,. A@@@ B.,..gh
ROBERT B. CROMWELI., J,., A, L.,g, ROGER L. RIGGS, Vigi@i. B@.,b B.-@gb
GEORGE R. PERRELL, A, L.,g@ FLOYD E. WATERFIELD, J,., P..g. B.,@.gh
JOHN R. GRIFFIN, L@@.b-,@ B .... gh A G E N D A RFCHARD J. WEBBON, Cil, Cl@,k
The City Council of the City of Virginia Beach, Virginia, will assemble in the
Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in
Regular Session, at 12-00 p.m., on Monday, November 28, 1977 for the purpose of
conducting publis business and will hear and act upon the following items:
1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informal Discussion and Executive Session. Upon
conclusion of the Executive Session, City Council will reconvene in the
City Council Chambers.
4. Invocation will be given at 2:00 p.m., by the Reverend Dwight Christianbury,
First Presbyterian Church, Virginia Beach, Virginia. Please remain standing
for the Pledge of Allegiance.
5. Roll Call of the Council, Public Hearings and Consideration of Public Business
6. Minutes of the Regular Meeting of November 21, 1977 to be presented for
acceptance and approval.
7. Consent Agenda:
All matters listed under the consent agenda are considered to be routine
by the City Council and will be enacted by one motion in the form listed.
There will be no seperate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and considered
separately.
a.) City Council is requested to approve on second reading an ordinance
appropriating funds in the amount of $696,478 to support the operating
and debt service costs of the Pembroke, Princess Anne, and Aragaona
Utilities acquired by the City of Virginia Beach,
b.) City Council is requested to approve on second reading an ordinance
authorizing the issuance of $2,000,000 drought relief revenue bonds
of the City of Virginia Beach received from the Economic Development
Administration (EDA), United States Department of Commerce and further,
authorize the City Manager to provide the information needed by the
Federal Government in order to release the funds.
c.) Letter from the City Manager recommending the approval of the low bid
of Basic Construction Company in the amount of $16,063,400, which
reflects a deduct change order in the amount of $2,104,600 for the
construction of the Arts and Conference Center:
Architectural Estimate: $15,419.000
8. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Creative Displays,
Inc., for a Conditional Use Permit to erect two 12 foot by 50 foot sign-
boards on certain property located on the West side of South Lynnhaven
Road subject to compliance with the appropriate sections of the CZO. The
City Manager requests that regardless of the square foot size finally
determined, a condition of approval be that the use permit would be effec-
tive as long as the property is undeveloped. (Deferred from November 14, 1977:
9. Letter from the City Manager regarding the subdivision variance appeal of
Clement R. White, whose property is located near Quail Run Quay in the
Little Neck Area. On October lith the Planning Commission denied this
variance. (Deferred from November 14, 1977)
10. Letter from the City Manager recommending that City Council adopt an
ordinance to amend Section 37-28 of the Code of the City of Virginia
Beach relating to Mandatory Water Connections to read as follows:
"then the owner shall effect a connection thereto no later than May 1,
1978."
11. Letter from the City Manager recommending that City Council adopt the
following ordinances:
a.) An Ordinance to amend and reordain Section 33-2.1 of the Code of
the City of Virginia Beach relating to Real Estate Tax Exemption
for certain elderly and handicapped persons.
b.) On first reading, an ordinance to appropriate funds to administer
the real estate tax exemption program for the permanently and
totally disabled in the City of Virginia Beach in the amount of
$ 1 , 0 0 0
12. old Business, deferred from the previous meeting, including any report
of the Mayor or Committees named by Council.
13. New Business, including any presentation by Council Members, Citizens,
and Organizations.
14. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCTL
OF THE
CITY OF VIRGINIA BEACH, VIRGINTA
November 28, 1977
The regular meeting of the Council of the City of Virginia Beach, was called to
order by Mayor Clarence A. Holland, in the Conference Room, in the Administration
Building, Princess Anne Borough, November 28, 1977, at 12:00 P.M.
Council Members present: John A. Baum, George ft. Ferrell, Mayor Clarence A. Holland,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick
L. Standing and Floyd E. Waterfield, Jr.
Council Members absent: Robert B. Cromwell, Jr.*, John R. Griffin and J. Henry McCoy,
Jr.*
ITEM #11514
Mayor Holland entertained a motion to permit Council to conduct an informal session
to be followed by an executive session for the purpose of discussing the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotidn, salaries, discipline or
resignation of public officers, appointees or employees of
any public body. (Personnel Matters)
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other disposi-
tion of publicly held property. (Acquisition, use or disposi-
tion of public-
3. The protection of the privacy of individuals in personal
matters not related to public business. (Personal Matters)
On motion by Vice Mayor Standing, seconded by Councilman Baum, and by a recorded
vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Mayor Clarence A. Holland,
Councilwoman Meyera E. Oberndorf, J. Curtis Payiie, Roger L. Riggs, Vice Mayor
Patrick L. Standing and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr.,* John R. Griffin and J. Henry McCoy,
Jr.*
City Council voted to proceed into the executive session following the informal
discussion.
COUNCILMAN ROBERT B. CROMWELL, JR. ENTERED THE MEETING AT 12:17*
COUNCILMAN J. HENRY McCOY, JR., ENTERED THE MEETING AT 12:27*
ITEM #11515
The City Manager, George Hanbury, presented the Report of the Mayor's Committee
on North Virginia Beach. Mayor Holland then requested Vice Mayor Standing to
brief the Council regarding the Report as he was the chairman of the Committee.
Mr. Standing indicated that several meetings had been held with the residents of
the area, at which City officials were present, to explain and expedite, where
possible, such improvements recommended by the committee such improvements as
sanitary sewerage; water and storm draina@,e, installation of underground telephone
and electric service lines; access to the beacli and maintenancc@ of Llie b@ach; con-
trol of aniipals on the beach; recreation areas; location of a public safety build-
ing (fire station); and a redesigning and developinent of eXiSting slrects to more
realistic and attractive features coincident with Lhe CZO by developing proper
street widths and turn-arounds and the constri,ction of sidewall@ with planting
areas.
It was also noted that contested ownership of certain public Rights-of-Way should
be resolved. The full report is on file in the City Clerk's Office. Mayor Holland
congratulated Vice Mayor Standin@ on his achievements with the committee and re-
quested City Council to adopt the report for consolidation with the overall develop-
ment plans of the city for the area. The Mayor also thanked Mr. Hubbard, President
of the North Virginia Beach Civic Lea ue, for their co-o eration and interest in
i'.CEM 911516
City Manager, George Hanbury, and Robert J. Scott, Planning Director, presented
detailed sketches to City Council pertaining Lo the proposed amendments to the
6ZO which would amend it to provide for set-backs on the side yards of buildings
built in R-8 and R-9 Residential Districts, as well as the side and rear yard set
backs for semi-detached dwellings in the A-1, A-2, A-3 and A-4 Apartment Districts.
In the first amendment, the existing requirement of a five-foot side yard on one
side, and a 10-foot side yard on the other side, for all dwelling uses in the R-8
Residential District, would be eliminated. In its place, a minimum side yard of
7 1/2 feet on each side would be instituted. The mininum side yard setback for
dwellings in the R-9 Residential District would also be set 7 1/2 feet rather
than the current standard of 10 feet. The second proposed amendment would
establish both a side and rear yard setback of 7 1/2 feet for semi-detached
dwellings in all of the Apartment Districts.
After discussion with Mr. Talbott, who represented the Builders Association, the
matter was referred to the Planning Director, Mr. Scott, and the City Attorney,
Mr. Bimson, to frame an ordinance which would be acceptable to City Council--the
desire of City Council being to, wherever possible, avoid undue congestion and
the development of "row housing".
ITEM #11517
The application of Creative Displays, Inc. for a Use Permit for the construction
of two 300 foot billboards to be erected side by side, which would permit 600 foot
face, was discussed and illustrated by sketches by Mr. Robert Scott, Planning
Director. It is apparent that the nomenclature of the CZO governing such installa-
tion is not clear and ameniable to interpretation. The matter will be acted upon
in formal session.
ITEM #11518
Mayor Holland noted that unless City Council objected, it is his intention to
attend, together with Mr. Hanbury, the NLC Conventio,.i in San Francisco during the
first week in December. City Council expressed consent.
ITEM #11519
At 2:10 p.m., City Council reconvened in the Council Chambers with the following
members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Eolland,
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr.
Council Members absent: John R. Griffin
The invocation was given by the Reverend Dwight Christianbury, First Presbyterian
Church, followed by the Pledge of Allegiance.
ITEM #11520
On motion by Councilwoman Oberndorf, seconded by Vice @layor Standing, and by a
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to approve the minutes of the regular meeting of November 21,
1977, with the following correction, and dispensed with the readin@. of said minutes
inasmuch as each Council Member had a copy.
Item #11504 to read Counciwoman Oberndorf voting Aye
instead of Nay 2 8 / 7 7
IIEM @t ii-)@i - 3 -
Ori'motion by Councilwoman Oberndorf, seconded by Vice Mayor Standing to remove
items 7a and 7c from the Consent Agenda. After discussion, Councilman Waterfield
made a motion, seconded by Councilman Cromwell to approve item 7b. Councilwoman
Oberndorf and Vice Mayor Standing withdrew their first motion. City Council
proceeded with the substitute motion:
On motion by Councilman Waterfield, seconded by Councilman Cromwell, and by a
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to approve, on second reading, an ordinance authorizing the
issuance of $2,000 drought relief revenue bonds of the City of Virginia Beach
received from the Economic Development Administration (EDA), United States
Department of Co=erce and further, authorized the City Manager to provide the
information needed by the Federal Government in order Lo release the funds:
AN ORDINANCE AUTHORIZING TIIE ISSUAI@CE OF
$2,000,000 DROUGHT RELIEF REVENUE BONDS
OF TIIE CITY OF VIRGINIA BEACH, VIRGI14IA
14HEREAS, the City of Virginia Beach, Virginia, has
entered into a Grant and Loan Agreement with the United States
of America, Department of Commerce, Economic Development Adminis-
tration (EDA) dated September 20, 1977, as amended September 30,
1977 (the Grant and Loan Agreement), pursuant to the Communitv
Emergency Drought Relief Program, wherein EDA agrees, among
other things, to make a loan to the City in an amount not to
exceed $2,000,000 to be evidenced by the City's revenue bonds;
BE IT ORDAINED BY THE COUNCIL OF TflE CITY OF VI@@GINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and
expedient for the City of Virginia Beach to borrow money from
EDA pursuant to the Grant and Loan Agreement to finance improve-
ments to its water system consisting of construction of water
standpipes to increase water storage capacity and water pressure
within the City in accordance with the City's capital improvement
program for water and sewer heretofore approved and to issue
its revenue bonds to evidence such loan.
2. Pursuant to the Authority of the Charter of the
City of Virginia Beach (Chapter 147, Acts of Assembly of 1962,
as amended) and the Public Finance Act, as amended, there are
hereby authorized to be issued $2,000,000 drought relief revenue
bonds of the City of Virginia Beach,
3. The details of the bonds shall be as necessary
to carry out the terms of the Grant and Loan Agreement and
4-
2
4. The bonds shall be limited obligations of the
City payable solely from the revenues to be derived from the
ownership and operation of water and sewer system of the City.
The bonds shall state that they shall not be deemed to create
or constitute an indebtedness of or a pledge of the full faith
and credit of the City, the Commonwealth of Virginia or any
political subdivision of the Commonwealth of Virginia. The
issuance of the bonds and the undertaking of the covenants,
conditions and agreements to be contained in the resolution
or resolutions to be adopted hereafter shall not directly,
indirectly or contingently obligate the City, the Commonwealth
of Virginia, or any other political subdivision of the Common-
wealth of Virginia,to levy and collect any taxes whatsoever
therefor or make any appropriation therefor except from the
revenues of the water and sewer system pledged to payment of
principal of and interest on the bonds.
First Reading: November 21, 1977
Second Reading: November28 , 1977
Adopted by the Council of Virginia Beach on the
28th day of November, 1977.
11/)8/77
-5 -
on-motion by Councilman Riggs, seconded by Councilman McCoy, and by a recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing and Floyd E. Waterfield, Jr.
Navs: Councilwoman Meyera E. Oberndorf
Absent: John R. Griffin
City Council voted to approve, on second reading, an ordinance appropriating funds
in the amount of $696,478 to support the operating and debt service costs of the
Pembroke, Princess Anne, and Aragona Utilities acquired by the City of Virginia
Beach:
AN ORDINANCE TO APPROPRLATE FUNDS TO
SUPPORT THE OPERATING AND DEBT SERVICE
COSTS OF THE PEMBROKE, PRINCESS ANNE
AND ARAGONA UTILITIES ACQUIRED BY THE
CITY OF VIRGTNIA BEACH, VIRGINIA
WHEREAS, the City Council has authorized the issuance of Water and Sewer
Revenue Notes and Bonds for the acquisition of the Pembroke, Princess Anne and
Aragona Utility companies, and
WHEREAS, these systems will be owned, maintained and operated by the
City effective December 15, 1977, and
WHEREAS, it is necessary to appropriate fund to support the operating
and debt service costs of the utilities, and
WHEREAS, these costs will be offset by the revenues produced by these
utilities,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINTA
BEACH, VIRGINIA:
That funds be appropriated as follows:
Personal Services $ 58,596
Contractual Ser-vices 114,376
Materials and Supplies 33,111
Pensions and Contributions 3,545
New Equipment 242,725
Total Operating Costs $452,353
Debt Service 244,125
Total Operating and
Debt Service Costs $696 478
And that estimated revenues be increased by the following amounts:
Sale of Water $ 90,000
Sewer Charges 547,653
Sewer Taps 58,825
$ 696,478
FIRST READING: November 21st, 1977
SECOND READING: November 28th, 1977
Adopted by the Council of the City of Virginia Beach on the 28th
day of November 1977. 11 2 87 7
6 -
ITEM #11523
The followin@. bids have been received for construction of the Arts and Conference
Center:
Base Alternates Total
Basic Construction Company $16,450,000 $1,718,000 $18,168,000
Mercury Construction 16,900,000 1,897,200 18,797,200
W. M. Jordan 17,134,000 1,725,000 18,859,000
John B. Pike & Son, Inc. 17,328,000 1,811,0,)C) 19,139,000
Metric Construction 17,749,000 1,837,090 19,586,090
Parke Construction 19,562,000 1,903,000 21,465,000
Architectural Estimate $13,930,000 $1,489,000 $15,419,000
On motion by Councilman Payne, seconded by Councilman Baum, and by a recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Mayor Clarence A. Holland,
J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E.
Waterfield, Jr.
Nays: George R. Ferrell, J. Henry McCoy, Jr., Meyera E. Oberndorf
Absent: John R. Griffin
City Council voted to approve the low bid of Basic Construction Company, in the
amount of $16,063,400 which reflects a deduct ctiange order in the amount of
$2,104,600 for the construction o@@ tiae Arts and Conf--erence Center:
II/-,
- 7 -
ITEM #11524
Application of Creative Displays, Inc., for a Conditional Use Permit to erect
two 12-foot by 50-foot signboards on certain property located on the West side
of South Lynnhaven Road, beginning at a point 750 feet North of Homespun Avenue,
running a distance of 810.24 feet along the West side of South Lynnhaven Road,
running a distance of 280 feet in a Southwesterly direction, running a distance
of 280 feet more or less in a Southerly direction, running a distance of 215 feet
more or less in an Easterly direction, running a distance of 220 feet more or
less in a Southerly direction and running a distance of 430 feet more or less
along the Southern property line. Said parcel contains 5.024 acres more or less.
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for the
motion and 2 against to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
Compliance with Article 2, Section B and Article 9, Section 914
of the Comprehensive Zoning Ordinance pertaining to sign regula-
tions and the provision that no outdoor advertising sign shall
exceed 300 square feet of surface area.
Mr. Phil Lomax, representing the applicant, appeared in favor.
The following persons appeared in opposition:
Mr. B. H. Bridges, Jr., President of Virginia Beach Beautification Commission
Mr. Arthur J. Winder
On motion by Vice Mayor Standing, seconded by Councilman Baum, and by a recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to approve the following resolution upon petition of Creative
Displays, Inc. for a Conditional Use Permit to erect a two-face 12 foot by 50 foot
signboard with 300 square feet on each side (as amended from two 12 foot by 50 foot
signboards) atid further, requested the City Attorney to prepare appropriate language
to bring about what the original intent was and submit that language to the Planning
Commission for their review.
RESOLUTION UPON APPLICATION OF CRFATIVE DISPLAYS,
INC. FOR k CONDITIONAL USE PE@IIT FOR signboards R01177151
BE IT RESOLVED BY TtlE COUNCII, OF THE CITY 01,' VIRGINIA BEACH, VIRGIN.[A, tlizit:
Application of Creative Displays, Inc., for a Conditional Use Permit to erect a two-
face 12 foot by 25 foot signboard with 300 square feet on each side (as amended from
two 12 foot bv 50 f,.)ot si@.nboards) on certain Drpert,7 located on th@, sii,
of South Lynnhaven Road, beginning at a poinl 750 feet North of Hcmespun Avenue,
running a distance of 810.24 feet along the West side of South Lynnhaven Road,
running a distance of 280 feet in a Southwesterly directidn, running a distance
of 280 feet more or less in a Southerly direction, running a distance of 215
feet more or less in an Easterly direction, running a distance of 220 feet more
or less in a Southerly direction and running a distance of 430 feet more or less
along tlie SouLtiern property liiie. S@lici pLirCei coLiLailis 5.024 @icres niore or less.
LYNNHAVEN BOROUGH
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
Compliance with Article 2, Section B and Article 9, Section 914 of the
Comprehensive Zoning Ordinance pertaining to sign regulations and the
provision that no outdoor advertising sign shall exceed 300 square feet
of surface area.
2 87 7
- 8 -
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virgina, on the 28
day of November, 1977
ITEM #11525
The application of Clement R. White, whose property is located near Quail Run
Quay in the Little Neck area for a subdivision variance appeal, was presented
by Mr. Semmes Chapman, representing Mr. White. The application had been denied
by the Planning Commission on October 11, 1977 and was subsequently presented
to Council.
Consideration of the facts involved in the matter indicated that the subject
property did not have access to it from a public street, that the proposal to
divide the parcel of land into three lots, while two of the lots could meet
dimensional requirements, none had access from a public street and even though
streets could be dedicated, they would not be of standard dimension.
It was noted that access to the property was throu@.h a twenty foot private
right-of-way easement which did not constitute a public street in the opinion
of the Attorney Mr. Calvin Spain who appeared in opposition to the variance.
On motion by Councilman Waterfield, seconded by Councilman Baum, and by a
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to deny the application of Clement R. White, whose property
is located near Quail Run Quay in the Little Neck area, for a subdivision
variance.
TTEM 11526
Councilwoman Oberndorf requested the City Manager to advertise for further
clarification the date for Mandatory Water Connections.
Mayor Holland requested a Resolution of Commendation be made for the public
for their fine work in the preservation that they have shown for conservirig
water.
Vice Ilayor Standing requested the inclusion of tlie media for an adequate job
of covering the water supply problem and presenting ideas for conserving water
in this Resolution.
On motion by Councilman Cromwell, seconded by Vice Mayor Standing, and by a
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell,
Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
Abstain: Councilman J. Henry McCoy, Jr.
City Council voted to adopt an ordinance to amend Section 37-28 of the Code
of the City of Virginia Beach relating to Mandatory Water Connections:
AN ORDINANCE TO AMEND SECTION 37-28 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO MANDATORY WATER CONNECTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 37-28 of the Code of the City of Virginia Beach, Virginia,
is hereby amended as follows:
By deleting in the second paraoraph the following:
"then the owner shall effect a connection thereto within one (1) year of
the effective date of this ordinance."
And substituting therefor the following:
"then the owner shall effect a connection thereto no later than May 1,
1978."
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28thday of November , 1977.
- I 0 -
ITEM #11527
(i@-motion by Councilman Waterfield, seconded by Councilwoman Oberndorf, and by
a recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayot
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to approve the following ordinance to amend and reordain Section
33-2.1 of the Code of the City of Virginia Beach relating to Real Estate Tax
Exemption for certain elderly and handicapped persons; and further, approve, on
first reading, an ordinance to appropriate funds to administer the real estate tax
exemption program for the permanently and totally disabled in the City of Virginia
Beach in the amount of $1,000:
AN ORDINANCE TO AMEND AND REORDAIN
SEC.rICN 33-2.1 OF = CODE OF TBE
CITY OF VIMINIA BEACH MLATING TO
@ ESTATE TAX @ION FOR CERTAIN
ELJDERLY AND HANDICAPPED P@S
BE IT O@NED BY THE COUNCIL OF THE CITY OF VI@INIA BEACH,
VIRGINIA:
Section 33-2.1 Real estate tax exenption for certain elderly
and hanclcapped persons.
(a) Real estate tax exeffption is provided for qualified property
owners, who are not less than sixty-five or who are dete@ed to be pe@ently
and totally di-sabled as provided in subsection (g) of this section and who are
eligible according to other te= of this section. Persons qualifying for
exenPtion are de@d to be bearing an extraordinary real estate tax burden in
relation to their incom and financial worth.
(b) The exenption shall be a@nistered by the city manager or his
authorized delegate, herein referred to as the "administrator," according to
the general provisions contained in this section. The administrator is hereby
authorized and red to prescribe, adopt and enforce rules and regulations,
including the requiremnt of answers 1)nder oath, as may be reasonably necessary
to dete@e qualifications for exezption. The a@istrator may require the
production of certified tax retums, appraisal reports, and other certifications
to establish incon-e, financial worth, or disability.
(c) Exenption shall be granted to persons subject to the following
provisions:
(i) Tlie title to tlie propc!.rtl, for vaiicia eNerrptim is clain)ed is
held, orpartiallyheld, on June 30 ately preceding the taxable year by
the Person or persons claiming exenption.
(2) 'Ihe head of the household occlipying the dwelling and
owning title or partial title thereto is sixty-five or older on June 30 of the
year @diately preoeding the taxable year. If such person is under sixty-five
of , he or she shall ssess a ,,ertification the Sc>cial Securi
- I I -
Administration, or if sudi person is not eligible for social security, a
sworn affidavit by two @dical doctors licensed to practice m&cine in the
ealth, to the effect that such person is pe tly and totally
disabled, as defined in subsection (g). Such @cal affidavits shall be
filed nct later than Deoexrber 1, but after the first day of August-of each
taxable year. Sudi dwelling must be occupied as the sole dwelling of the
person or persons cl g exeniption.
(3) No applicant shall be entitled to exeniption who has not
been a resident of the city for two years iumdiately preceding the request
for exenption.
(4) The total conbined inmm of the owner or @ers and the
owners, relatives living in the household during the calendar year @diately
preceding the taxable year shall be deterfnined by the achunistrator to be an
amunt not to exceed seven thousand five hundred dollars exclud2.ng fifteen
hundred dollars of the total @ined inoom of each relative living in the
household. Thtal corrbined inaame shall include all in@ from all sources of
the amer and of the owner's relatives living in the dwelling for which
tion is cl . "Owner" as used herein shall also be amstrued as "owners."
(5) The net ccrrbiried financial worlh of the owner as of
De r 31 of the year ately preceding the taxable year shall be deter-
naned by the administrator to be an amunt not to exceed twenty thousand dollars.
Net cwbined financial @rth shall include the value of all assets, including
equitable interests of the owner, and of the spouse of any owner, excluding the
fair mrket value of the dwelling and of the land, not exceeding one acre, UPC)N
which it is situated and for which exenption is claimd.
(d) Annually, and not later than Decenber 1 but after the first day
of August of the taxable year, the perscn or persons claiming an exenption niust
file a real estate tax e on affidavit with the strator. Such affi-
davit shall set forth, in a @er prescribed by the administrator, the location,
assessed value of the property and the n@ of the related persons occupying
the dwelling for which tion is cl their gross combined inccm, and
their net @ined financial wrth.
1)2 11/2 8 / 7 7
- 1 2 -
If, after an audit and investigation, the administrator deterniines
that the perscn or perscns are qualified for exenption, he shall deterndne
the percentage of exmption allowable and infonn the city treasurer, who shall
deduct the amunt of the exenption fr(xn the clainent's real estate tax liability.
(e) @re the person or perscns c@ming e@tion conform to the
standards and does not exoeed the 1=tati-ons oc)ntai-ned i-n this section the tax
exemption shall be as shown on the follow:Lng schedule:
Thtal IncciTe All Sources Tax on
$ 00.00 2,000.00 100%
2,001.00 to 3,000.00 80%
3,001.00 to 4,000.00 60%
4,001.oo to 5,000.00 40%
5,001.00 to 6,000.00 20%
6,001.00 to 7,500.00 10%
(f) Changes in respect to inocnie, financial worth, @rship of
property, disability or other factors c>ccurring during the taxable year for
which the affidavit wntioned in subsection (d) of this section is filed and
having the effect of exoeeding or violating the l@tations or ac)nditicns
provided in this section shall nullify any relief of real estate tax liability
for the then current taxable year and the taxable year ately foll@g.
(g) For purposes of this section, a person is pe tly and
totally disabled if he is so certified as required in subparagraph (c) (2)
of this section and is found by the local official designated under subsection
(c) (2) to be unable to engage in any substantial gainful activity by reason of
any niedically determinable physical or nimtal inipai@t or deformity which can
be expected to result an death or can be expected to last for the duration of
such person's life.
(h) Any person or persons falsely claiming an exerrption shall be guilty
of a Class I @s r.
This ordinance shall be effective frcin date of adoption.
Adopted by the Council of the City of Virgmia Beach on the 28th
day of November 1977.
JDB:er
11-18-77
Ebr state law, see Section 58-760.1, Code of Virginia, as @ded.
11/2 8 / 7 7
1 3-
AN ORDINANCE TO APPROPRIATE FUNDS TO
ADMINISTER THE REAL ESTATE TAX EXEMPTION
PROGRAM FOR TBE PERMANENTLY AND TOTALLY
DISABLED IN THE CITY OF VIRGINIA BEACH,
VIRGINIA
WHEREAS, the City Council has revised Section 33-2.1 of the City
Code to allow real estate tax exemptions for the permanently and totally
disabled, and
WHEREAS, this exemption will be in effect for the fiscal 1978
tax year, and
WHEREAS, it is necessary to appropriate funds for the additional
administrative costs of the program,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
That funds in the amount of $1,000 be appropriated from unappro-
priated surplus for additional clerical costs in the City Assessor's office.
FIRST READING: November 28th, 1977
SECOND RUDING:
Adopted by the Council of the City of Virginia Beach on the
day of 1977.
11 /2 87 7
ITEM #11528 -14-
Vice Mayor Standing informed City Council that the Mayor's Committee on North
Virginia Beach is in accord with the present City policy and the programs that
they presently have under way.
On motion by Councilman Cromwell, seconded by Councilman Payne, and by a recorded
vote as follows;
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to accept the report of the Mayor's Committe on North Virginia
Beach indicating they are in accordance with the present City policy and program
presently under way and discharge the committee.
It is noted that the recommendation comes to the Council with the indorsement of
the North Virginia Beach Civic League.
ITEM #11529
Councilman Ferrell requested the City Manager to request the Engineering Department
to place a NO-U Turn sign on Princess Anne Road in front of Yoder's Dairy.
Vice Mayor Standing requested the City Manager to request the Engineering Department
to place a NO-U Turn sign on Shore Drive in front of the Shore Drive-Inn Theater.
ITEM #11530
Mayor Holland indicated there would be a meeting at 9 a.m. on December 12, 1977
with the Legislators.
ITEM #11531
Councilwoman Oberndorf recommended receiving the agenda ten days prior to a
Council Meeting to give the Council a longer time with which to research the
items presented to them.
Mayor Holland recommended, as a substitute, to have a work list of projects sent
to them listing projects coming before the City but not necessarily having the
date with which it is to be presented. This would give them an idea of what to
look for in the future and give Council time to research these projects.
Mr. Baum recommended that after a Planning Commission meeting, a listing of pro-
jects approved and coming before City Council be included as an information letter
the 1st week after Planning Commission so Council will know when the projects are
scheduled to come before Council and serve as a reminder.
The City Manager stated he would forward the minutes of the Planning Commission
meeting to Council and stated this would also help eliminate a lot of papers sent
in his recommendations.
ITEM #11532
On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by
acclamation, the meeting adjourned.
W @ on, City Clerk Mayor Clarence A. Holland, M.D.
City of Virginia Beach,
Virginia
November 28, 1977 11 / 2 87 7 asb