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APRIL 27, 1987 MINUTES @f Nril-"-iiai" "WORLD'S LARGEST RESORT CITY" -,OR @-I G, 101-@ @ICE -- EYEM -EM@-, .1 W B@., IE@MW, -9@ 281 CITY HALL BUILDING MLWICIPAL CENTER @-ON, 'i,, VIRGINIA BEACH, VIRGINIA 23456-9002 [8041427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA APRIL 27, 1987 ITEM I. OCNFERENCE SESSICN - @erence Wm - 5:30 PM A. CITY CONCERNS ITEM II. INFORML SESSIC)N - ODnfererice Rocrn - 6:00 PM A. CALL TO ORDER - Mayor RDbert G. Jones B. F40LL CALL OF CCUNCIL C. CITY MANAGER'S BR=IM 1. Tax Relief for Elderly and Handicapped Mxs. Patricia Phillips, Research and Analysis ITEM III. CEREMONIAL PRESENTATICNS - Cbuncil Chanbers 6.45 PM A. PROCLAMATIONS DAYS OF @RANCE OF THE VICT'IMS OF THE HOLOCALJST FAIR HOUSING MONTH MUNICIPAL CLERK'S WEEK VOLUNTEER RDCOGNITION @l, B. IESCLUTIONS - MMT SCHOIARS Midiael Carter Davis Etank W. Cox High School Barbara Ann E-Lliott Frank W. Cox High School Mark W. Flanagan Green Run High Sr-@ Elizabeth Anne Fogerson Green Fun High School David lvbntgcmery aiepheard First Colonial High School Charles rbntan Stuart Green Rm High School Anthony Paul @st, Jr. Kempsville High School Catherine Anne Wood Frank W. Cox High School C. CN IN TICN Eugene @th - Forty Years City @loyee D. WNCN TO @ MM IVE SESSION ITEM IV. FO@ @ION il Chambers - 7:00 PM A. INVOCATICK: Reverend Mi-chael Simne Virginia Beach ity Chapel B. PU= CF ALLEGIANCE TO THE FLAG OF THE UNITED SRATES OF AMERICA C. EL NIC RDILL CALL OF CITY CCUNCIL D. ADOPTION CF ITEMS FOR THE FORMAL AGENDA E. S 1. INFO@ & FOFML SESSIONS - April 20, 1987 2. Fo@ SESSION - April 21, 1987 P. PUBLIC 1. a. ordinance for the discontinuance, closure and abandorffnent of a portion of Shell in the petition of S.A.S. Associates, a Virginia Limited Partnership, (Bayside Borough). DEFERRED October 27, 1986 for CaTpliance Recomendation: Ninety (90) day DEFERRAL b. Application of Iridependence Tire' Inc.. for a Coriditional Use Pe@t for autcniobile repair (installation of tires) at the rthw,est corner of South Plaza Trail and Rc)semnt Foad (3600 South Plaza @ail, containing 1.02 alcres (Lynnhaven Borough). Deferred April 13, 1987 Reccmendation: APPROVAL c. Application of Virginia Beach Housing, Inc. for a Conditional Use Pe@t for emergency shelter for f@lies on Loot 11, Block 25, Princess Anne Plaza at (241 Cassady Avenue, containing 8,893 square feet (Lynnhaven Bc)rough). Reccmendation: APP d. Application of Walter E. Jr. and @ H. Yancey, for a Change of Zoning frcrn R-1 Pesidential District to R-4 Residential District on Lot 56, Linkhorn Park at (401 Bay Colony Drive), containi.ng 36,000 sqliare feet (Lymhaven and Virginia Beach Bc)roughs) . Recomendation: DENIAL e. Application of G. and Ruth H. Brown and George Jr. and Alice M. Hayries for a Change of ing fran R-5 Residential District to 0-1 Oftice District . te north side of 154 Mi-ii Dam R:)ad, 206.12 feet west of @oveller Lane at (1548 Mill Darn @ad), cz)ntai-ning 43,081 square feet (Lynnhaven Borough). ReccmendaLtion: DENLKL G. ORDINANCES 1. Ordinance to revoke Cbnditional Use Perfnit No. 1011, granted to FALA CORPORATION on August 10, 1970, allowing the cc)nstruction of tuv signboards on the south side of @ore Drive, east of Vista Circle, (Lynnhaven Borough). 2. Ordinance to revoke Conditional Use Permit No. 873, granted to ALVORD ODRPORATION on July 13, 1970, allowing the constr@ion of a sigrboard on the south side of Virginia Beach Boulevard, east of Holland PDad, (Bayside Borough). 3. Ordinance to AMEND and FMRDAIN the odde of the City of Virginia Beach, Virginia, by adding a new Section 21-129 pertaining to vehicle equi@ (Ttucks/@ailers being cc)vered). 4. Ordinance to AMEND and REORDAIN Sections 37-10 and 37-11 of the Code of the City of Virginia Beach, pertaining to water @ce reoovery fee and @ line fee ex --for certain elderly, handicapped and financially disadvantaged persons. 5. Ordinance to AMEND AND REORDAIN Sections 35-64,35-67 and 35-68 of the Cz)de of the City of Virginia Beach, pertaining to ex@ion, deferral or freeze of Real Estate Taxes for elderly and disabled persons. 6. Proposal frcm A. L. Jackson Property, a subdivision in @ville, offer to prcK7ide the City of Virginia Beach with cash donations of $9,500 and $12,750 in lieu of 0.75 and 1.02 acre recreational area reservations. H. ON 1. Resolution requesting an Econanic Analysis of Virginia Beach's Agricultural Iridustry. 2. Resolution requesting the Secretary of the Navy to name a Capital @p in honor of the City of Virginia Beach and requesting our Congressional Delegation to support this effort. 3. Resolution in suppor-t of the Jams River Basin Water &Wly plan and urging the Virginia Water Cbntrol Board adopt this Plan. All matters listed under the Consent Agenda are considered in the ordinary course of business by City Cbuncil and will be enacted by one maticn in the form listed. If an item is r@ed frcm the Cbnsent Agenda, it will be discussed and voted upc)n separately. 1. RESO=ONS - MERIT SCHOLARS Michael Carter Davis W. Cox High School Barbara Ann F-Iliott Frank W. Cox High School Mark W. Flanagan Green Rm High School Elizabeth Anne Rogerson Green @ High School David MDntcjcrnery Sherheard First Colonial High School Charles MC)ntan Stuart Green @ High School Anthony Paul West, Jr. Kempsville High School Catherine Anne Wood Frank W. Cox High School 2. IRESOLLJTION IN TION Eugene gnith - For-ty Years - City @loyee M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 27, 1987 The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 27, 1987 at 5:38 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - C I T Y C 0 U N C I L C 0 N C E R N S ITIN # 27248 Councilwoman McClanan referenced an Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by adding a now Section 21-129 pertaining to vehicle equipment (Trucks/Trailers being covered). (See Item IV-G-3 under Ordinances). Councilwoman McClanan advised this should be DEFERRED one week for further review by the Council Committee. - 3 - ITEM # 27249 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 27, 1987, at 6:05 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 4 - C I T Y M A N A G E R IS C 0 N C E R N S ITEM # 27250 The City Manager advised the Fried Chicken Dinners were supplied by Cheryl Johnson of the Pendleton Project. - 5 - C I T Y M A N A G E R IS B R I E F I N G TAX RELIEF FOR ELDERLY AND HANDICAPPED ITEM # 27251 Patricia Phillips, Director of Research and Analysis, distributed copies of REAL ESTATE TAX RELIEF SEWER LINE FEE REDUCTION AND WATER RESOURCE RECOVERY FEE EXEMPTION PROGRAMS (Copy of same is hereby made a part of the record). Table 1 summarizes REAL ESTATE TAX RELIEF AUTHORIZED LIMITATIONS: Program Parameter Code of Virginia Virginia Beach City Code Age or disability status Age 65 years or older or Age 65 years or older permanently and totally permanently and totally disabled disabled Maximum income $22,000 $15,000 Maximum permanent 7,500 5,000 disbility compensation exclusion Maximum exclusion from 6,500 4,000 relative's income (except spouse) Maximum net combined 75,000 40,000 financial worth Residency status of owner N/A Must have been a resident of the City for at least 2 years prior to request relief. 469 households received real estate tax relief for total relief of $181,470 for 1986-87. Mrs. Phillips reiterated the types of Real Estate Relief: Exemption Deferral Freeze Each interested property owner must qualify for tax relief on a year-to-year basis and may select any one of the three options any year. Mrs. Phillips advised the SEWER LINE FEE AND WATER RESOURCE RECOVERY FEE EXEMPTION PROGRAMS FOR THE ELDERLY, PMMNENTLY AND TOTALIY DISABLED, AND FINANCIALLY DISADVANTAGED AUTHORIZED LIMITATIONS: Permanently and Financially Program Parameters Elderly Totally Disabled Disadvantaged Age or disability Age 65/older Permanently and N/A totally disabled Maximum itcome $15,000 $15,000 $ 4,000 Maximum exclusion 4,000 4,000 N/A from each relative's income (except spouse) Maximum net combined 40,000 40,000 20,000 financial worth Property ownership Title to the property must be held by applicant at status least 120 days prior to installation of sewer water lines. - 6 - C I T Y M A N A G E R IS B R I E F I N G TAX RELIEF FOR ELDERLY AND HANDICAPPED II'EM # 27251 (Continued) Only Chesapeake offers a water/sewer line fee exemption program. The Estimated Impacts of Changing Program Parameters was also reflected on pages 9 and 10 of said Report. The number of elderly aged 65 and over was 11,912 per the 1980 census. Projects made by the State Department of Planning and Budget indicate there will be approximatelY 34,000 by the year 2000. The 1980 census indicated that of the approximately 6,800 elderly households, 4,800 or 71% were owner-occupied. Patti Phillips further referenced WEIGHTED AVERAGE POVERTY THRESHOLDS FOR NONELDERLY FAMILIES 1986: 1986 1986 Size of Family Poverty Threshold Size of Family Poverty Threshold One Person $ 5,701 Five Persons $13,964 Two Persons 7,370 Six Persons 14,979 Three Persons 8,738 Seven Persons 16,976 Four Persons 11,200 Eight Persons 18,868 Nine or More 22,508 Councilman Moss advised it might be an equitable situation on a higher income exemption to go with the DEFERRAL type of Tax Relief so everyone at some point in time pays their fair share of the services. Councilman Heischober advised although the State Code allows up to $22,000, he believed $18,000 should be the maximum. The Mayor advised the EXEMPTION type of Tax Relief allowed an elderly couple to preserve an asset which goes to the next generation who, in some cases, have no need for this benefit. At this point, the DEFERRAL is more equitable to all the taxpayers. Councilman Heischober reiterated his suggestions for filling in the blanks of an Ordinance to Amend and Reordain Sections 37-10 and 37-11 of the Code of the City of Virginia Beach pertianing to Recovery Fee Exemptions. On Line 68 would be $18,000 (11 ... owner's relatives living in the dwelling does not exceed $18,00011) Line 69 would be $5,000 ("..provided that the first $5,000 of income of each relative On line 75 would be $50,000 ("The net combined financial worth of the owner shall not exceed $50,000.11) On Page 3, beginning with Line 94 would become: Total income, all sources Exemption $ 00.00 to $io,ooo 100% 10,001 to 12,000 80% 12,001 to 14,000 60% 14,001 to 16,000 40% 16,ool to 18,000 20% This would result in an increase of $2,300 a year over the City's present program. Concerning an Ordinance to Amend and Reordain Sections 28-6 and 28-7 of the Code of the City of Virginia Beach, pertaining to Sewer Line Fee Exemptions, the same aforementioned figures would apply. The City's revenue loss as a result of this would be $7,100 per year. - 7 - C I T Y M A N A G E R 'S B R I E F I N G TAX RELIEF FOR ELDERLY AND HANDICAPPED ITEM # 27251 (Continued) Councilman Heischober advised, relative the Ordinance to amend and reordian Sections 35-64, 35-67 and 35-68 of the Code of the City of Virginia Beach, pertaining to Exemption, Deferral or Freeze of Real Estate Taxes for Elderly and Disabled Persons: On Page 2, Line 42 would be increased to $7,500 ("The total combined income, during the immediately preceding calendar year, from all sources excluding the first $7,500.00... "). Line 47 would become $18,000 ("..or any portion thereof of any income received by an owner as permanent disability compensation, of the owner of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed $18,00011) Line 49 would become $5,000 ("...provided that, the first $5,000 of income of each relative... " Line 59 would become $50,000 ("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 $50,000." Page 3, Total Income All Sources would be identical to the suggestions reflected in the other two ordinances. The effect on those revenues would increase the City's General Fund contribution $60,000 per year. Councilman Fentress inquired as to whether the City should not follow the limitations of the State Code. Councilman Moss did not believe the tax policy should allow someone to pass on value of property to their heirs tax-free. The public should be well served by whatever policy City Council adopts. Councilwoman Henley believed Councilman Moss's suggestion of having the differential from $18,000 to $22,000 and the Net Worth from $50,000 to $75,000 being eligible for DEFERRAL is a good compromise. - 8 - ITEM # 27252 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council Agenda that were discussed in Executive Session: IV-G.1,2 and 3. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 9 Item III-A.1 CEREMONIAL PRESENTATIONS ITEM # 27253 PROCLAMATIONS Mayor Robert Jones PROCLAIMED the week of April 26 - MaY 3, 1987 as: DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST Vice Mayor Meyera E. Oberndorf presented the PROCLAMATION. Rabbi Israel Zoberman, Reform Jewish Congregation, ACCEPTED this PROCLAMATION. This PROCLAMATION urged Virginia Beach Citizens to remain eternally vigilant against all tyranny, recognize that bigotry provides a breeding ground for tyranny to flourish and strive to overcome prejudice and inhumanity through education, vigilance and rsistance. 4b riarl;am;ation WHEREAS, forth years ago, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people suffered as victims of Nazism; and WHEREAS, the citizens of virginia Beach should always remember the atrocities committed by the Nazis that such horrors must never be repeated; and WHEREAS, our citizens should continually rededicate themselves to the principle of equal justice for all people; and WHEREAS, Virginia Beach citizens should remain eternally vigilant against all tyranny and recognize that bigotry provides a breeding ground for tyranny to flourish; and WHEREAS, April 26-May 3, 1987 has been designated, pursuant to an Act of Congress and internationally, as Days of Remembrance of Victims of the Nazi Holocaust; and WHEREAS, it is appropriate for our citizens to join in the international commemoration. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of virginia Beach, do hereby proclaim the week of APRIL 26-MAY 3, 1987 as DAYS OF CE OF THE VICTIMS OF THE HOLOCAUST in Virginia Beach and in so doing hope that we will strive always to overcome prejudice and inhumanity through education, vigilance, and resistance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-seventh day of April, nineteen hundred and eighty-seven. Robert G. Jones Mayor - 10 - Item III-A.2 CEREMONIAL PRESENTATIONS ITEM # 27254 PROCLA14ATIONS Mayor Robert G. Jones PROCLAIMED the month of April 1987 as: FAIR HOUSING MONTH Councilman John Perry PRESENTED the PROCLAMATION. Claudia Gooch, President of the Tidewater Community Housing Resource Board, and and Melissia Lee, Fair Housing Co-ordinator for the Department of Housing and Community Development, ACCEPTED said PROCLAMATION. This PROCLAMATION declared fair housing as the policy of the City of Virginia Beach and implementation of that policy requires the positive commitment, involvement and support of each one of the City's citizens. 4& riairtam;attiatt WHEREAS, the strength of our nation and all of its states f lows from the promise of individual equality and freedom of choice; and WHEREAS, the eighteenth anniversary of the National Fair Housing Law, Title VIII of the Civil Rights Act of 1968, being celebrated during the month of April, is an occasion for Arnericans--individually and collectively--to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they exist; and WHEREAS, this law guarantees for each citizen that critical, personal element of freedom of choice selection of a home and provides the opportunity to broaden the protection of the beliefs upon which our Nation was founded; and WHEREAS, fair housing is the policy of the City of Virginia Beach, and implementation of that policy requires the positive commitment, involvement, and support of each one of our citizens; and WHEREAS, the City of Virginia Beach provides leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and WHEREAS, barriers that diminish the rights and limit the options of any citizen will ultimately diminish the rights and limit the options of all. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of virginia Beach, do hereby proclaim the month of April 1987 as FAIR HOUSING in Virginia Beach and request all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-seventh day of April, nineteen hundred and eighty-seven. Robert G. Jones Mayor Item III-A.3 CEREMONIAL PRESENTATIONS ITEM 27255 PROCLAMATION Mayor Robert G. Jones PROCLAIMED the week of May 10 16, 1987 as: MUNICIPAL CLERK'S WEEK Councilman Robert Fentress PRESENTED the PROCLAMATION. This PROCLAMATION was ACCEPTED by Beverly 0. Hooks, Chief Deputy City Clerk. Councilman Fentress congratulated Ruth Hodges Smith, CMC, being chosen Clerk of the Year by her peers of the VIRGINIA MUNICIPAL CLERKS ASSOCIATION. This PROCLAMATION recognized the accomplishments of the Municipal Clerk who strives diligently to find better and more efficient ways to provide a direct link between past and present, preserving valuable records for posterity while keeping an eye on the future and staying abreast of technological advances to provide the governing body and citizens alike the demands of today's modern world. .6 ria,rtttmttttatt WHEREAS, Municipal Goverrunent has grown in responsibility and importance with the emphasis on local initiative and the democratic process; and WHEREAS, the Municipal Clerk serves as the communications link between the public and their Municipal GoverrLment, giving them access to information which is vital to their participation; and WHEREAS, the Municipal Clerk provides a direct link between past and present, preserving valuable records for posterity while implementing decisions of the legislative body, always looking to the future; and WHEREAS, the Municipal Clerk strives diligently to find better and more efficient ways to perform these critical functions, staying abreast of technological advances in today's modern world through professional education and training; and WHEREAS, it is appropriate that each year we recognize the accomplishments of the Municipal Clerk, who preserves the past with an eye always on the future of our democratic process. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach do hereby proclaim the week of May 10-16, 1987 as MUNICIPAL CLERK'S WEEK in Virginia Beach in full recognition of the Municipal Clerk's outstanding contribution and dedication to public service for the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-seventh day of April, nineteen hundred and eighty-seven. Robert G. Jones Mayor - 12 - Item lIl-A-4- CEREMONIAL PRESENTATIONS PROCLAMATIONS ITEM # 27256 Mayor Robert G. Jones PROCLAIMED the week of April 26 - May 2, 1987 as: VOLUNTEER RECOGNITION WEEK Councilwoman Reba S. McClanan PRESENTED the PROCLAMATION. Marnie Morgan, Volunteer Co-ordinator, ACCEPTED this PROCLAMATION. This PROCLAMATION recognized the outstanding contributions that are being made to our lives and communites by the hundreds of thousands of our fellow citizens who are volunteering their services and resources in this City. Marnie Morgan advised Governor Baliles recognized Sam Houston during the State's VOLUNTEER RECOGNITION WEEK. The OUTSTANDING SERVICE AWARD from the Governor was bestowed upon the City of Virginia Beach's Rescue Squad. Marine Morgan also recognized Ruth Hodges Smith, City Clerk, who in addition to all her duties, serves on the Volunteer Council and heads the Finance Committee. WHEREAS, the spirit of volunteerism has played an integral part in the development and growth of our City; and WHEREAS, this spirit has been continued and enriched by the citizens of Virginia Beach who contributed hundreds of thousands of volunteer hours annually to enhance and expand City services; and WHEREAS, our communities and citizens all benefit from the dedication and actions of these volunteers; and WHEREAS, the service of volunteers and their importance to the City of Virginia Beach has long been recognized and is appreciated. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim APRIL 26 - May 2, 1987 as VOL R]KCOGNITION WEEK in Virginia Beach, Virginia, and urge all citizens to observe this week by recognizing the outstanding contributions that are being made to our lives and communities by the hundreds of thousands of our fellow citizens who are volunteering their services and resources in this City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-seventh day of April, nineteen hundred and eighty-seven. p- o. - 13 - Item III-B. CEREMONIAL PRESENTATIONS RESOLUTIONS ITEM # 27257 Mayor Robert G. Jones PRESENTED RESOLUTIONS to the MERIT SCHOLARS: Michael Carter Davis Frank W. Cox High School Barbara Ann Elliott Frank W. Cox High School Mark W. Flanagan Green Run High School Elizabeth Anne Rogerson Green Run High School David Montgomery Shepheard First Colonial High School Charles Montan Stuart Green Run High School Anthony Paul West, Jr. Kempsville High School Catherine Anne Wood Frank W. Cox High School - 14 - Item III.C. CEREMONIAL PRESENTATIONS TTEM # 27258 RESOLUTION IN RECOGNITION Mayor Robert G. Jones PRESENTED a RESOLUTION IN RECOGNITION: Eugene Smith - Forty Year City Employee Councilman Balko read this RESOLUTION which recognized this deligent, dedicated City Employee. During his forty-year tenure, Eugene Smith has been late for work only once. 1 5 Item III-D. CEREMONIAL PRESENTATIONS ITEM # 27259 PROCLAMATIONS The City Clerk read the PROCLAMATIONS PRESENTED for the Month of April: School Library Media Month April, 1987 Month for Subcontractors April, 1987 Arbor Day April 3, 1987 Boys Club Week April 5, 1987 Public Safety Telecommunciators Week April 12 - 18, 1987 National Consumers Week April 19 - 25, 1987 Professonal Secretaries Week April 19 - 25, 1987 National YWCA Week April 19 - 25, 1987 Let Freedom Ring Day April 24, 1987 Student Leadership Week April 26 - May 2, 1987 Organ & Tissue Donor Awareness Week April 26 - May 2, 1987 American Home Week April 26 - May 2, 1987 - 16 - F ORM A L S E S S ION VTRGINIA BEACH CITY COUNCTL April 27, 1987 7:20 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 27, at 7:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John D. Perry Council Members Absent: None INVOCATION: Reverend Michael Simone Virginia Beach Community Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 17 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV-D.1 ITEM # 27260 Councilman Heischober referenced the Ordinance authorizing the City Manager to execute a deed relocating an easement with SOVRAN BANK, N.A. as shown on a plat entitled, "plat vacating existing and dedicating new easement for traffic control box" on Thirty-first Street and Pacific Avenue. (See Item IV-I-4 of the CONSENT AGENDA). Councilman Heischober wished the City Clerk to note his VERBAL ABSTENTION on this item as he is a Member of the SOVRAN BANK BOARD. Item IV-D.2 ITEM # 27261 Councilwoman McClanan referenced an Ordinance to authorize the acquisition of property in fee simple for right-of-way improvements at the intersection of North Landing Road at Indian River Road and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation (CIP: 2-816). (See Item IV-I-5 of the CONSENT AGENDA) Councilwoman McClanan requested this item be pulled for a separate vote. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 18 - Item III-E.l. MINUTES ITEM # 27262 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED the MINUTES of the INFOR14AL & FORMAL SESSIONS of April 20, 1987, AS AMENDED and CORRECTED. Councilwoman Parker CORRECTED Line Three, Page 3, Item # 27210 under CITY COUNCIL CONCERNS: The Honorable Richard Davis, former Lieutenant Governor, forwarded the invitation for a Luncheon from the Virginia Genter for World Trade NOT Dick Bridges. The Line should correctly read: '@-k @-dg-es The Honorable Richard Davis has been advised this was a meeting of the City Council." Counclwoman McClanan and Councilwoman Parker AMENDED Item # 27224, Page 14. Ordinance upon application of JOSEPH H. WATSON, JR., & GAIL Z. WATSON for a Conditional Use Permit for a Recreational Facility. Condition No. 5 should correctly read: 5. There shall be no loud speakers and no music. Condition No. 7 should correctly read: 7. Category II screening ericng the e@ieng@lhe along the side adjacent to the residents. Councilwoman Parker further CORRECTFD Item # 27241, Page 36. Paragraph 1, Line 4 and 5 should correctly read: A letter from Councilman Baum, dated February 8, @ 1979, relative revising the Comprehensive Zoning Ordinance regarding farmettes was also included." Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, John L. Perry Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: None - 19 - Item III-E.2. MINUTES ITEM # 26263 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED the MINUTES of the RECESSED FORMAL SESSION of April 21, 1987. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John L. Perry Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: John D. Moss* Council Members Absent: None *Councilman Moss VERBAIJY ABSTAINED on the Recessed Session of April 21, 1987, as he was not in attendance. Items IV-E.l. and IV-E.2 were voted upon together. - 20 - Item IV-F.l.a-e PUBLIC HEARING PLANNING ITEM # 27264 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. S.A.S. ASSOCIATES STREET CLOSURE b. INDEPENDENCE TIRE, INC. CONDITIONAL USE PERMIT c. VIRGINIA BEACH ECUMENICAL HOUSING, INC. CONDITIONAL USE PERMIT d. WALTER E. JR. AND ROANNE H. YANCEY CHANGE OF ZONING e. ROBERT G. AND RUTH H. BROWN CHANGE OF ZONING AND GEORGE JR. AND ALICE M. HAYNES - 21 - Item IV-F.l.a. PUBLIC HEARING PLANNING ITEM # 27265 Attorney Robert Cromwell, Pembroke One - Phone: 499-8971, represented the applicant and requested DEFERRAL for ninety days. The City Council just ADOPTED an Ordinance upon application of S.A.S. ASSOCIATES for Changes of Zoning on April 13, 1987. This DEFERRAL will enable the Staff to complete the review of the plat. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DEFERRED for ninety (90) days until the City Council Meeting of August 3, 1987, an Ordinance upon application of S.A.S. ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, for the discontinuance, clsoure and abandonment of a portion of Shell Road. Application of S.A.S. Associates, a Virginia Limited Partnership, for the discontinuance, closure and abnadonment of a portion of Shell Road beginning at the intersection of Shell Road and Diamond Springs Road and running in a northeasterly direction a distance of 277.85 feet. Said parcel is variable in width from 52-50 feet to 94.28 feet and contains 18,295 square feet. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None. - 22 - Item IV-F.l.b PUBLIC HEARING PLANNING ITEM # 27266 Jo P. Parker, Rosemont and South Plaza Trial, Phone: 481-2282, represented the applicant Upon motion by Councilman Balko, seconded by Councilwoman McClanan, City Council ADOPTED an Ordinance upon application of INDEPENDENCE TIRE, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDEPENDENCE TIRE, INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR (INSTALLATION OF TIRES) R04871033 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Independence Tire, Inc., for a Conditional Use Permit automobile repair (installation of tires) at the northwest corner of South Plaza Trail and Rosemont Road. Said parcel is located at 3600 South Plaza Trail and contains 1.02 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The useage shall be limited to the sale and installation of tires, front end alignments, spin balancing, brake work and state inspections. 2. The tires shall be picked up at least twice weekly and stored neatly in the interim. 3. The landscaping shall remain at the same level existing at the present time. 4. There will be no other commercial activity other than what has been stated in said application. 5. The hours of operation shall be from 8 a.m. to 6 p.m. on weekdays and 8 a.m. to 2 p.m. on Saturdays. 6. A plat vacating all interior lot lines must be recorded. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh day of April, Nineteenth Hundred and Eighty-seven. - 23 - Item IV-F.l.b PUBLIC HEARING PLANNING ITEM # 27266 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh day of April, Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 24 - ltem IV-F.l.c PUBLIC HEARING PLANNING ITEM # 27267 Flora Haynie, 210 59th Street, Phone: 428-0971, Chairman of Virginia Beach Ecumenical Housing, Inc., spoke in support of said application. Major Waterfield assured Ecumenical Housing there had been no further complaint calls in 1987. The other speakers registered in support of said application, WAIVED their right to speak: Maureen Hansen, Ski Slope Road, Phone: 467-4896 Judy Schorr, 4812 Eastwind Road, Phone: 467-4112 Mary Jo Kesler, 241 Cassady Avenue George C. William, 4416 Trinity Court Upon motion by Councilman Perry, seconded by Councilwoman McClanan, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH ECUMENICAL HOUSING, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH ECUMENICAL HOUSING, INC. FOR A CONDITIONAL USE PERMIT R04871034 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Ecumenical Housing, Inc., for a Conditional Use Permit for erqergency shelter for families on Lot 11, Block 25, Princess Anne Plaza. Said parcel is located at 241 Cassady Avenue and contains 8,893 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. There shall be a maximum of four (4) adults with a total of ten (10) residents at any given time. 2. There shall be a maximum of three (3) automobiles at any given time. 3. The Conditional Use Permit shall be for a period of two (2) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh day of April, Nineteenth Hundred and Eighty-seven. - 25 - Item IV-F.l.c. PUBLIC HEARING PLANNING ITEM # 27267 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober,'@ Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 26 Item IV.l.d. PUBLIC HEARING PLANNING ITF14 # 27268 Attorney Brian Donnelly, 1351 Penguin Circle, represented the applicant Gene Mattare, 704 Linkhorn Drive, Phone: 425-1387, represented the Linkhorn Civic League and spoke in Opposition. Members in attendance in OPPOSITION were asked to stand. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council DENIED an Ordinance upon application of WALTER E. JR. AND ROANNE H. YANCEY, for a Change of Zoning: ORDINANCE UPON APPLICATION OF WALTON E. & ROANNE H. YANCY, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO R-4 Ordinance upon application of @Ialton E. & Roanne H. Yancey, Jr., for a Change of Zoning District Classification from R-1 Residential District to R-4 Residential District on Lot 56, Linkhorn Park. Said parcel is locatedat 401 Bay Colony Drive and contains 36,000 square feet. LYNNHAVEN AND VIRGINIA BEACH BOROUGHS. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 27 - Item IV.l.e. PUBLIC HEARING PLANNING ITEM # 27269 Those registered in OPPOSITION WAIVED their right to speak: Robert Stein, 1320 Victorian Crescent, Phone: 481-0628 John Haynes, Jr., 1533 Milldam Road, Phone: 481-2733 Ron Makela, 2225 Wake Forest Street, Phone: 481-3183 Lucille Grimstead, 1521 Mill Dam Road, Phone: 481-1869 Upon motion by Counclman Balko, seconded by Councilman Perry, City Council DENIED an Ordinance upon application of ROBERT G. AND RUTH H. BROWN and GEORGE JR. AND ALICE M. HAYNES for a Cliange of Zoning: ORDINANCE UPON APPLICATION OF ROBERT G. & RUTH H. BROWN AND GEORGE HAYNES ' JR., & ALICE M. HAYNES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1 Ordinance upon application of Robert G. & Ruth H. Brown and George Haynes, Jr., & Alice M. Haynes for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on the north side of Mill Dam Road, 206.12 feet west of Shoveller Lane. Said parcel is located at 1548 Mill Dam Road and contains 43,081 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 28 - Item IV-G.l.a ORDINANCES ITEM # 27270 Attorney R. J. Nutter was in attendance representing the applicant, but was advised by the City Attorney's Office that said Ordinances might be DEFERRED and left the Chambers. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council DEFERRED INDEFINITELY: Ordinance to revoke Conditional Use Permit No. 1011, granted to FALA CORPORATION on August 10, 1970, allowing the construction of two signboards on the south side of Shore Drive, east of Vista Circle, (Lynnhaven Borough). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Items IV-G.1 and IV-G.2 were voted upon together. - 29 - Item IV-G.2. ORDINANCES ITFM # 27271 Attorney R. J. Nutter was in attendance representing the applicant, but was advised by the City Attorney's Office that said Ordinances might be DEFERRED and left the Chambers. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council DEFERRED INDEFINITELY: Ordinance to revoke Conditional Use Permit No. 873, granted to ALVORD CORPORATION on July 13, 1970, allowing the construction of a signboard on the south side of Virginia Beach Boulevard, east of Holland Road, (Bayside Borough). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Items IV-G.1 and IV-G.2 were voted upon together. - 30 - Item IV-G-3- ORDINANCES ITEM # 27272 Rae H. LeSesne, spoke in support of said Ordinance Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council DEFERRED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by adding a new Section 21-129 pertaining to vehicle equipment (Trucks/Trailers being covered). This DEFERRAL will enable staff and City Council to investigate concerns expressed. Councliman Baum requested this Ordinance be more detailed in explaining to whom this Ordinance refers. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 31 - Item IV-G.4. ORDINANCES ITEM # 27273 Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Sections 28-6 and 28-7 of the Code of the City of Virginia Beach, pertaining to Sewer Line Fee Exemptions for certain Elderly, Handicapped and Financially disadvantaged persons. A N D, Ordinance to AMEND and REORDAIN Sections 37-10 and 37-11 of the Code of the City of Virginia Beach, pertaining to water resource recovery fee for certain elderly, handicapped and financially disadvantaged persons. Relative the Ordinance to AMEND and REORDAIN Sections 28-6 and 28-7 of the Code of the City of Virginia Beach, Councilman Heischober advised the annual revenue effect on certain elderly and handicapped would be $1,300 and the effect relative the disadvantaged would be $2,300 per annum. Relative the Ordinance to AMEND and REORDAIN Sections 37-10 and 37-11 of the Code of the City of Virginia Beach, Councilman Heischober advised the exemptions for the elderly and handicapped would amount to $2,300 per year. The revenue impact concerning the disadvantaged would be $7,100 per annum. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 28-6 AND 28-7 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 PERTAINING TO SEWER LINE FEE 5 EXEMPTIONS FOR CERTAIN ELDERLY, 6 HANDICAPPED AND FINANCIALLY 7 DISADVANTAGED PERSONS. 8 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 28-6 and 28-7 of the Code of the City of 13 Virginia Beach are hereby amended and reordained to read as 14 follows: 15 16 Section 28-6. Sewer line fee exemptions--For certain elderly and 17 handicapped persons. 18 19 (a) Exemption or partial exemption from payment of the 20 line fees prescribed by section 28-4 is provided for certain 21 property owners who qualify under this section. The exemption is 22 to be administered by the city manager or his authorized 23 designee, herein referred to as the administrator. The 24 administrator is hereby authorized and empowered to prescribe, 25 adopt and enforce such rules and regulations, including the 26 requirement of answers under oath, as may be reasonably necessary 27 to determine qualifications for exemption. The administrator may 28 require the production of certified tax returns and appraisal 29 reports to establish income and financial worth. 30 (b) Exemptions shall be granted under this section 31 subject to the following provisions; 32 (1) Title to the property for which the line fee exemption 33 is sought must be held or partially held by the 34 applicant at least one hundred twenty (120) days prior 35 to the installation or scheduled date of installation, 36 whichever comes first, of the public sewer system. 37 (2) The owner of the title or partial title must be sixty- 38 five (65) years of age or older at least one hundred 39 twenty (120) days prior to the installation or 40 scheduled installation date, whichever comes first, of 41 the public sewer system. If such person is under 42 sixty-five (65) years of age, he or she Shall possess a 43 certification by the social security administration, 44 the veterans administration, or the railroad retirement 45 board, or if such person is not eligible for 46 certification by any of these agencies, a sworn 47 affidavit by two (2) medical doctors licensed to 48 practice medicine in the commonwealth, to the effect 49 that such person is permanently and totally disabled, 50 as defined in subsection (f) of this section. The 51 affidavit of at least one of such doctors shall be 52 based upon a physical examination of such person by 53 such doctor. The affidavit of one of such doctors may 54 be based upon medical information contained in the 55 records of the civil service commission which is 56 relevant to the standards for determining permanent and 57 total disability, as defined in subsection (f) of this 58 section. Such medical affidavits shall be filed with 59 the administrator at such time as the applicant files a 60 sewer line fee exemption affidavit. 61 (3) The dwelling to be connected to the public sewer system 62 must be the sole dwelling of the applicant claiming 63 exemption. 64 (4) The total combined income during the immediately 65 preceding calendar year from all sources of the owners 66 of the dwelling living therein and of the owner's 67 relatives living in the dwelling does not exceed 68 eighteen thousand 69 dollars ($18,000.00); provided that the first four 70 five thousand dollars 71 ($5,000.00) of income of each relative, other than 72 spouse or spouses of the owner or owners living in the 73 dwelling shall not be included in such total. 74 (5) The net combined financial worth of the owner shall not 75 exceed @@--t fifty 76 thousand dollars ($50,000.00), excluding the fair 77 market value of the house to be connected to the public 2 78 sewer system. Net combined financial worth shall 79 include the value of all assets, including equitable 80 interests, of the owner and of the spouse of the owner. 81 (c) Persons applying for line fee exemption under this 82 section must file with the administrator a line fee exemption 83 affidavit setting forth, in a manner prescribed by the 84 administrator, the location and value of the property to be 85 connected to the public sewer, the names of the persons related 86 to the owner and occupying the dwelling, their gross combined 87 income and their net combined financial worth. If such applicant 88 is under sixty-five (65) years of age, medical certification or 89 affidavits, as set forth in subsection (b)(2) of this section 90 shall also be filed with the administrator. 91 (d) Where the person claiming exemption conforms to 92 the standards and does not exceed the limitations contained in 93 this section, the line fee exemption shall be as shown in the 94 following schedule: 95 Total income, all sources Exemption 96 $ 00.00 to $ 9700070010,000.00 100% 97 9700176010,001-00 tO 107000-rOO121000.00 80% 98 l8799iT6el2,ool.oo to -13:700078014,000.00 60% 99 1-1-70@+TO@14,001.00 to +3780OT6@16,000.00 40% 100 i:3700+70016,001.00 to 3:s78eeTeel8,ooo.oo 20% 101 102 103 (e) If, within twelve (12) months after the line fee 104 exemption is obtained under this section, the applicant's 105 financial position should change, so that its effect would be to 106 remove the person holding the exemption from within the limits 107 and standards of this section, then the person holding the 108 exemption shall refund the amount of the exemption to the city. 109 (f) For purposes of this section, a person is 110 permanently and totally disabled if he is so certified as ill required in subsection (b)(2) of this section and is found by the 112 administrator to be unable to engage in any substantial gainful 113 activity by reason of any medically determinable physical or 114 mental impairment or deformity which can be expected to result in 115 death or can be expected to last for the duration of such 116 person's life. 3 117 (g) Any person falsely claiming an exemption or 118 violating any provision of this section shall be guilty of a 119 Class 1 misdemeanor. 120 121 122 Section 28-7. Same--For certain financially disadvantaged 123 persons generally. 124 125 (a) Exemption or partial exemption from payment of 126 the line fees prescribed by section 28-4 is provided for certain 127 financially disadvantaged property owners who qualify under this 128 section. The exemption is to be administered by the city manager 129 or his authorized designee, herein referred to as the 130 administrator. The administrator is hereby authorized and 131 empowered to prescribe, adopt and enforce such rules and 132 regulations, including the requirement of answers under oath, as 133 may be reasonably necessary to determine qualifications for 134 exemption. The administrator may require the production of 135 certified tax returns and appraisal reports to establish income 136 and financial worth. 137 (b) Exemptions shall be granted under this section 138 subject to the following provisions: 139 (1) Title to the property for which the line fee exemption 140 is sought must be held or partially held by the 141 applicant at least one hundred twenty (120) days prior 142 to the installation or scheduled date of installation, 143 whichever comes first, of the sewer line. 144 (2) The dwelling to be connected to the sewer line must be 145 the sole dwelling of the applicant claiming exemption. 146 (3) The total combined income of the owner and the owner's 147 relatives living in the household during the year 148 immediately preceding the installation must be 149 determined by the administrator as not exceeding four 150 the following poverty 151 thresholds: 152 153 Number of Persons: 154 Owner nd Owner's Relatives Poverty 155 Living in Rousehold Threshold 156 157 One Person 5,701 4 158 Two Persons 7,370 159 Three Persons 8,738 160 Pour Persons 1Y, 2-0 0 161 ive Persons 13,964 162 ix Persons 14,979 163 Seven Persons 16,976 164 E ht Persons 18,868 r More 165 Nine Persons 22,508 166 167 (4) The net combined financial worth of the owner shall not 168 exceed twenty thousand dollars ($20,000-00), excluding 169 fair market value of the house to be connected to the 170 sewer line. Net combined financial worth shall include 171 the value of all assets, including equitable interests, 172 of the owner and of the spouse of the owner. 173 (c) Persons applying for line fee exemption under this 174 section must file with the administrator a line fee exemption 175 affidavit, setting forth, in a manner prescribed by the 176 administrator, the location and value of the property to be 177 connected to the line, the names of the persons related to the 178 owner and occupying the dwelling, their gross combined income and 179 their net combined financial worth. 180 (d) Where the person claiming exemption conforms to 181 the standards, and does not exceed the limitations contained in 182 this section, the line fee exemption shall be as- -@-the 183 followi:ng-schedtilet one hundred (100) percent. 184 Total-income7-all-setrees Exemption 185 $--- 097ae--$27006700 3:oopd 186 2700170e --- 37OBeTOO 80% 187 47086700 60% 188 189 (e) If, within twelve (12) months after an exemption 190 is obtained under this section, the applicant's financial 191 position changes so that its effect would be to remove the person 192 holding the exemption from which within the limits and standards 193 of this section, then the person holding the exemption shall 194 refund the amount of the exemption to the city. 195 (f) Any person falsely claiming an exemption or 196 violating any provision of this section shall be guilty of a 197 Class 1 misdemeanor. 198 5 199 This Ordinance to be effective on and after July 1, 200 1987. 201 Adopted by the Council of the City of Virginia Beach, 202 Virginia, on the 27 day of April 1987. 203 204 LLL/lmt 205 04/22/87 206 CA-02244 207 \ordin\proposed\28-006etc.pro 6 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 37-10 AND 37-11 OF THE 3 CODE OF THE CITY OF VIRGINIA BEACH, 4 PERTAINING TO RECOVERY FEE 5 EXEMPTIONS--FOR CERTAIN ELDERLY, 6 HANDICAPPED AND FINANCIALLY 7 DISADVANTAGED PERSONS 8 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 37-10 and 37-11 of the Code of the City 13 of Virginia Beach are hereby amended and reordained to read as 14 follows: 15 16 Section 37-10. Recovery fee exemptions - For certain elderly 17 and handicapped persons. 18 19 (a) Exemption or partial exemption from payment of the 20 recovery fees prescribed by section 37-7.1 is provided for 21 certain property owners who qualify under this section. The 22 exemption is to be administered by the city manager or his 23 authorized designee, herein referred to as the administrator. 24 The administrator is hereby authorized and empowered to 25 prescribe, adopt and enforce such rules and regulations, 26 including the requirement of answers under oath, as may be 27 reasonably necessary to determine qualifications for exemption. 28 The administrator may require the production of certified tax 29 returns and appraisal reports to establish income and financial 30 worth. 31 (b) Exemptions shall be granted under this section 32 subject to the following provisions: 33 (1) Title to the property for which the recovery fee 34 exemption is sought must be held or partially held by 35 the applicant at least one hundred and twenty (120) 36 days prior to the installation or scheduled date of 37 installation, whichever comes first, of the water line. 38 (2) The o,.,.ur of the title or partial title must be 39 sixty-five (65) years of age or older at least one 40 hundred and twenty (120) days prior to the installation 41 or scheduled installation date, whichever comes first, 42 of the water line. If such person is under sixty-five 43 ( 6 5 )years of age, he or she shall possess a 44 certification by the social security administration, 45 the veterans administration, or the railroad retirement 46 board, or if such person is not eligible for 47 certification by any of these agencies, a sworn 48 affidavit by two (2) medical doctors licensed to 49 practice medicine in the commonwealth, to the effect 50 that such person is permanently and totally disabled, 51 as defined in subsection (f) of this section. The 52 affidavit of at least one of such doctors shall be 53 based upon a physical examination of such person by 54 such doctor. The affidavit of one of such doctors may 55 be based upon medical information contained in the 56 records of the civil service commission which is 57 relevant to the standards for determining permanent and 58 total disability as defined in subsection (f) of this 59 section. Such medical affidavits shall be filed with 60 the administrator at such time as the applicant files a 61 water line fee exemption affidavit. 62 (3) The dwelling to be connected to the water line must be 63 the sole dwelling of the applicant claiming exemption. 64 (4) The total combined income during the immediately 65 preceding calendar year from all sources of the owners 66 of the dwelling living therein and of the owner's 67 relatives living in the dwelling does not exceed 68 fifteen-thousand-doliars-f$157096780+ eighteen thousand 69 dollars ($18,000.00); provided that the first fettr 70 five thousand dollars 71 ($5,000.00) of income of each relative, other than 72 spouse or spouses of the owner or owners living in the 73 dwelling shall not be included in such total. 74 (5) The net combined financial worth of the owner 75 shall not exceed 2 76 fifty thousand dollars ($50,000.00), excluding the fair 77 market value of the house to be connected to the water 78 line. Net combined financial worth shall include the 79 value of all assets, including equitable interests, of 80 the owner and of the spouse of the owner. 81 (c) Persons applying for recovery fee exemption under 82 this section must file with the administrator a recovery fee 83 exemption affidavit setting forth, in a manner prescribed by the 84 administrator, the location and value of the property to be 85 connected to the water line, the names of the persons related to 86 the owner and occupying the dwelling, their gross combined income 87 and their net combined financial worth. If such applicant is 88 under sixty-five (65) years of age, medical certification or 89 affidavits, as set forth in subsection (b)(2) of this section 90 shall also be filed with the administrator. 91 (d) Where the person claiming exemption conforms to 92 the standards and does not exceed the limitations contained in 93 this section, the recovery fee exemption shall be as shown in 94 the following schedule: 95 Total income, all sources Exemption 96 $ 00.00 to $ 9706070610,000.00 100% 97 9766170010,001.00 to +07000-.0612,000.00 80% 98 3!0700+70612,001.00 to i:3:7@88T6el4,ooo.oo 60% 99 3:3:700+70014,001.00 to 3:3706070016,000.00 40% 100 4.3760176616,001.00 to 3:57060TOO18,000.00 20% 101 102 (e) If, within twelve (12) months after the recovery 103 fee exemption is obtained under this section, the applicant's 104 financial position should change so that its effect would be to 105 remove the person holding the exemption from within the limits 106 and standards of this section, then the person holding the 107 exemption shall refund the amount of the exemption to the city. 108 (f) For purposes of this section, a person is 109 permanently and totally disabled if he is so certified as 110 required in subsection (b)(2) of this section and is found by the ill administrator to be unable to engage in any substantial gainful 112 activity by reason of any medically determinable physical or 113 mental impairment or deformity which can be expected to result in 3 114 death or can be expected to last for the duration of such 115 person's life. 116 (g) Any person falsely claiming an exemption or 117 violating any provision of this section shall be guilty of a 118 Class 1 misdemeanor. 119 120 121 Section 37-11. Same-For certain financially disadvantaged 122 persons generally. 123 124 (a) Exemption or partial exemption from payment of the 125 recovery fees prescribed by section 37-7.1 is provided for 126 certain financially disadvantaged property owners who qualify 127 under this section. The exemption is to be administered by the 128 city manager or his authorized designee, herein referred to as 129 the administrator. The administrator is hereby authorized and 130 empowered to prescribe, adopt and enforce such rules and 131 regulations, including the requirements of answers under oath, as 132 may be reasonably necessary to determine qualifications for 133 exemption. The administrator may require the production of 134 certified tax returns and appraisal reports to establish income 135 and financial worth. 136 (b) Exemptions shall be granted under this section 137 subject to the following provisions: 138 (1) Title to the property for which the recovery fee 139 exemption is sought must be held or partially held by 140 the applicant at least one hundred twenty (120) days 141 prior to the installation, or scheduled date of 142 installation, whichever comes first, of the water line. 143 (2) The dwelling to be connected to the water line must be 144 the sole dwelling of the applicant claiming the 145 exemption. 146 (3) The total combined income of the owner and the owner's 147 relatives living in the household during the year 148 immediately preceding the installation must be 149 determined by the administrator as not exceeding fot2r 150 following poverty 151 thresholds; 4 152 Number of Persons: 153 Owner and Owner's Relatives Poverty 154 Living ih Household Threshold 155 156 One Person $ 5,701 157 Two Persons 7,370 158 Three Persons 8,738 159 Four Persons 11,200 160 ive Persons 13,964 161 ix Persons 14,979 162 Seven Persons 16,976 163 Eig-ht Persons 18,868 164 Nine r More Persons 22,508 165 166 (4) The net combined financial worth of the owner shall not 167 exceed twenty thousand dollars ($20,000.00), excluding 168 the fair market value of the house to be connected to 169 the water line. Net combined financial worth shall 170 include the value of all assets, including equitable 171 interests, of the owner and of the spouse of the owner. 172 (c) Persons applying for a recovery fee exemption 173 under this section must file, with the administrator, a recovery 174 fee exemption affidavit setting forth, in a manner prescribed by 175 the administrator, the location and value of the property to be 176 connected to the line, the names of the persons related to the 177 owner and occupying the dwelling and their gross combined income 178 and their net combined financial worth. 179 (d) Where the person claiming an exemption conforms to 180 the standards and does not exceed the limitations contained in 181 this section, the recovery fee exemption shall be as-shown-on-the 182 following-scheddlet one hundred (100) percent. 183 Total-ineome7-all-sedrees Exemption 184 --- eoToo--$'2TOE)E)-700 i!0096 185 2TOE)ITOO --- 3TOOOTe@ 8 0 96 186 37603:.790 --- 4TOO0.700 60% 187 188 (e) If, within twelve (12) months after a recovery fee 189 exemption is obtained under this section, the applicant's 190 financial position should change so that its effect would be to 191 remove the person holding the exemption from within the limits 192. and standards of this section, then the person holding the 193 exemption shall refund the amount of the exemption of the city. 194 5 195 (f) Any person falsely claiming an exemption or 196 violating any provision of this section shall be guilty of a 197 Class 1 misdemeanor. 198 This Ordinance to be effective on and after July 1, 199 1987. 200 Adopted by the Council of the City of Virginia Beach, 201 Virginia, on the 27 day of April 1987. 202 203 LLL/lmt 204 04/22/87 205 CA-02245 206 \ordin\proposed\37-010etc.pro 6 - 32 - Ttem IV-G.5. ORDINANCES ITEM # 27274 Robert Shester, represented the Mayor's Committee on the Handicapped, and spoke in support of said Ordinance. Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED, AS AMENDED: Ordinance to AMEND AND REORDAIN Sections 35-64, 35-67 and 35-68 of the Code of the City of Virginia Beach, pertaining to exemption, deferral or freeze of Real Estate Taxes for elderly and disabled persons. Councilman Heischober advised said Ordinance increases the amount of disability income as defined in the State Code and increases that deduction from $5,000 to $7,500. Said Ordinance also increases the maximum income of the owner of the dwelling and of the owner's relatives to $18,000 and increases the amount to $5,000 of income of each relative that is deducted. The net worth is increased to $50,000. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Mayor Jones advised if there is a consensus on City Council to perhaps consider amending the provision to provide the State maximum on persons who would DEFER from the levels established in the aforementioned section, that additional levels could be obtained but only on a DEFERRAL basis and not on an EXEMPT basis. The Research Department was requested to provide fiscal impacts relative same. 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 35-64, 35-67 AND 35-68 OF 3 THE CODE OF THE CITY OF VIRGINIA 4 BEACH, PERTAINING TO EXEMPTION, 5 DEFERRAL OR FREEZE OF REAL ESTATE 6 TAXES FOR ELDERLY AND DISABLED 7 PERSONS. 8 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 35-64, 35-67 and 35-68 of the Code of the 13 City of Virginia Beach are hereby amended and reordained to read 14 as follows: 15 16 Section 35-64. General prerequisites to grant; effect of 17 residency in hospital, nursing home, etc. 18 19 (a) Either the exemption, deferral or freeze, but not 20 more than one, as provided for in this division shall be granted 21 to persons subject to the following provisions: 22 (1) The title to the property for which exemption, deferral 23 or freeze is claimed is held, or partially held, on 24 June thirtieth immediately preceding the taxable year, 25 by the person or persons claiming exemption, deferral 26 or freeze and is occupied as the sole dwelling of such 27 person or persons. 28 (2) The head of the household occupying the dwelling and 29 owning title or partial title thereto or either spouse 30 in a dwelling jointly held by a husband and wife is 31 either permanently and totally disabled or is sixty- 32 five (65) years of age or older on June thirtieth of 33 the year immediately preceding the taxable year; 34 provided however, that a dwelling jointly held by a 35 husband and wife may qualify if either spouse is over 36 sixty-five (65) years of age on such date. 37 (3) The applicant has been a resident of the city for at 38 least two (2) years immediately preceding the request 39 for exemption, deferral or freeze. 40 (4) The total combined income, during the immediately 41 preceding calendar year, from all sources excluding the 42 first seven thousand 43 five hundred dollars ($7,500.00) or any portion thereof 44 of any income received by an owner as permanent 45 disability compensation, of the owner of the dwelling 46 living therein and of the owner's relatives living in 47 the dwelling does not exceed fifteen--t 48 f$1/257@@.4" eighteen thousand dollars ($18,000.00); 49 provided that, the first E"-r--+ 50 f$47660700t five thousand dollars ($5,000.00) of income 51 of each relative, other than the a spouse of the owner, 52 or owners, who is living in the dwelling shall not be 53 included in such total. 54 (5) The net combined financial worth, including equitable 55 interests, as of December thirty-first of the year 56 immediately preceding the taxable year, of the owners, 57 and of the spouse of any owner, excluding the value of 58 the dwelling and the land, not exceeding one acre, upon 59 which it is situated, does not exceed forty- 60 f i f t ythousand dollars 61 ($50,000.00). 62 (6) The dwelling is occupied. 63 (b) The fact that persons who are otherwise qualified 64 for tax exemption, deferral or freeze pursuant to this division 65 are residing in hospitals, nursing homes, convalescent homes or 66 other facilities for physical or mental care for extended periods 67 of time shall not be construed to mean that the real estate for 68 which tax exemption, deferral or freeze is sought does not 69 continue to be the sole dwelling of such persons during such 70 extended periods of other residence, so long as such real estate 71 is not used by or leased to others for consideration. 72 73 Section 35-67. Amount of exemption. 74 When a person claiming exemption under this division 75 conforms to the standards and does not exceed the limitations 76 contained in this division, the tax exemption shall be as shown 77 on the following schedule: 2 78 Total Income 79 All Sources Tax Exemption 80 81 $ 00.00 tO $ 9TOeOT0010,000-00 100% 82 9700+.-golo,ool.oo to 3:OTOOO-rOS12,000.00 80% 83 i:0700i:TOO12,001.00 to 117000-.0014,000.00 60% 84 .11.7e6i-TOO14,001.00 to 3:37000TOO16,000.00 40% 85 1.370@i:-70016,001.00 to +STOOO-.0018,000.00 20% 86 87 No lien shall accrue as a result of the amount certified as 88 exempt. 89 90 Section 35-68. Nullification; change in circumstances tipen 91 change-in-stattts. 92 93 (a) Changes in respect to income, financial worth, 94 ownership of property, disability or other factors occurring 95 during the taxable year for which the affidavit mentioned in 96 section 35-66 is filed, and having the effect of exceeding or 97 violating the limitations or conditions provided in this division 98 shall nullify any relief of real estate tax liability for the 99 then current taxable year and the taxable year immediately 100 following. 101 (b) Notwithstanding the provisions of subsection (a), 102 a change in ownership to a spouse, when such change resulted 103 solely from the death of the qualifying individual, or a sale of 104 such property shall result in a prorated exemption, deferral or 105 freeze for the then current taxable year. The proceeds of the 106 sale which would result in the prorated exemption, deferral or 107 freeze, shall not be included in the computation of net worth or 108 income as provided in subsection (a). Such prorated portion 109 shall be determined by multiplying the amount of the exemption, 110 deferral or freeze by a fraction wherein the number of complete ill months of the year for such property was properly eligible for 112 such exemption, deferral or freeze is the numerator and the 113 number twelve is the denominator. 114 This Ordinance to be effective on and after July 1, 115 1987. 116 Adopted by the Council of the City of Virginia Beach, 117 Virginia, on the 27 day of April 1987. 118 LLL/lmt 119 04/22/87 120 CA-02243 121 \ordin\proposed\35-064etc.pro 3 - 33 - Item III-G.6 ORDINANCE ITEM # 27275 Gary A. Haste, represented Talbot and Associates, and requested WITHDRAWAL of the offer of a cash donation and advised the dedication is usually accepted for 1/2 the resevation. They would be working with the Parks and Recreation Department to combine these two sites which were originally submitted as two separate parcels. Rae H. LeSesne, spoke in favor of a larger dedication rather than reservation. Upon motion by Councilwoman Moss, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL: Proposal from A. L. Jackson Property, a subdivision in Kempsville, offer to provide the City of Virginia Beach with cash donations of $9,500 and $12,750 in lieu of 0.75 and 1.02 acre recreational area reservations. Councilwoman Henley and Councilman Moss advised they did not favor the dedication of only 'half the area. Councilman Moss advised Council wished the full acreage - the 1.02 and 0.75 dedication with acquisition at a later date. Councilman Moss advised the Consensus of City Council's intent and guidenance that the City require the full DEDICATION of the 1.777 acres in the subject subdivision and acquire same at the appropriate date. Voting; 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Councilwoman Parker had initially made a MOTION to ALLOW WITHDRA@IAL; however withdrew her MOTION. - 34 - Item IV-H.l. RESOLUTIONS ITEM # 27276 Councilman Baum requested the City Manager forward a copy of the aforementioned ADOPTED Resolution in addition to a copy of the Item # 27240 under UNFINISHED BUSINESS of the City Council Meeting of April 20, 1987 to the Planning Commission for the discussion on BACK BAY AND NORTH LANDING on Tuesday, April 28, 1987. This would make them aware of one Council Member's concern as the ADOPTED Resolution does not convey all of Councilman Baum's intent. Councilman Baum was strongly opposed to adding more layers of regulation to an industry which is struggling. Relative the language in the COMPREHENSIVE PLAN concerning the Blackwater/Pungo area, much of the language is general and should be reviewed. Strip development should be defined, other kinds of farming possible and ideas relative pollution examined. Councilman Baum favors a professional outside group to develop the economic study, a consultant with expertise in both agricultural economics and planning. Councilwoman Henley requested the Scope of the Study be referred to City Council for review before the RFP's are forwarded. Councilwoman Henley referenced the BACK BAY/NORTH LANDING RIVER MANAGEMENT PLAN and believed same stated the agricultural community would be encouraged to utilize best management practices. As Councilwoman Henley read said Management Plan, the normal agricultural drainage projects are exempt. Councilwoman Henley did not have any difficulty in requiring housing subdivisions conform to Storm Water Management. Councilwoman Henley requested a briefing on exactly what the BACK BAY/NORTH LANDING RIVER MANAGEMENT PLAN does entail as far as the agricultural industry, as there has been a tremendous amount of misrepresentation and unfortunate circumstances in PUNGO. Councilwoman Parker advised she was going to vote for said Resolution, but did not want same to become a readdressing of the entire growth pattern in the southern part of the City. If the economies are changing, the Council should address same and move into other directions. Councilwoman Parker advised her vote did not mean she was changing her land policies for the southern part of the City. Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED: Resolution requesting an Economic Analysis of Virginia Beach's Agricultural Industry. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None A RESOLUTION REQUESTING AN ECONOMIC ANALYSIS OF VIRGINIA BEACH'S AGRICULTURAL INDUSTRY WHEREAS, the City of Virginia Beach's agricultural sector encompasses 250 tracts of land covering 36,100 acres; and WHEREAS, the agricultural industry has experienced market setbacks, falling prices, and economic hardships; and WHEREAS, the City Manager's Administrative Goals encourages and supports the development of an agricultural plan that would help maintain agriculture as a viable industry in the City and support best management practices; and WHEREAS, the Southeastern Virginia Planning District Commission is entertaining a work element in their next year's work program to study agriculture in Virginia Beach; and WHEREAS, the agricultural community recently has expressed their interest in becoming involved in matters and options that affect the farming industry; NOW, THEREFORE, BE IT RESOLVED by the City of Virginia Beach that the City Manager be authorized to detail a request for proposal that will develop an economic analysis of the agricultural industry in the City of Virginia Beach. ADOPTED: April 27, 1987 - 35 - Item IV-H.2 RESOLUTION ITEM # 27277 Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council ADOPTED, AS AMENDED*: Resolution requesting the Secretary of the Navy to name a Capital Ship in honor of the City of Virginia Beach and requesting our Congressional Delegation to support this effort. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Congressman Norman Sisisky shall be added to the distribution of this Resolution. Requested by Councilman Albert W. Balko R E S 0 L U T I 0 N REQUESTING THE SECRETARY OF THE NAVY TO NAME A CAPITAL SHIP IN HONOR OF THE CITY OF VIRGINIA BEACH AND REQUESTING OUR CONGRESSIONAL DELEGATION TO SUPPORT THIS EFFORT WHEREAS, Virginia Beach is the largest city in the Commonwealth; and WHEREAS, Virginia Beach has since the beginning of our nation's history been associated with the nation's defense; and WHEREAS, this association is evidenced by Fort Story and its coastal defense guns which protected the nation from the turn of this century until World War II and later with missiles, the location of Dam Neck Training Center which has provided training to the Navy from the days of "aim and shoot" weaponry to space age missiles, the home of Oceana Master Jet Air Base which has provided training to generations of air warriors of the Navy, and the location of the Naval Amphibious Base from which countless armadas have sailed beginning with the invasion of North Africa in 1942 and now home to the Amphibious Navy; and WHEREAS, many other cities of the nation have had capital ships named in their honor but none with more association with the defense of our nation than the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the Secretary of the Navy, James H. Webb, is requested to name a suitable capital ship in honor of the City of Virginia Beach; and BE IT FURTHER RESOLVED that Congressman Owen B. Pickett, Senator Paul S. Trible, Jr., and Senator John Warner be requested to support this resolution to the Secretary of the Navy; and BE IT FURTHER RESOLVED that the Clerk of the Council of the City of Virginia Beach is directed to forward this request to the Secretary of the Navy, Congressman Pickett, Senator Trible and Senator Warner. Resolved by the Council of the City of Virginia Beach, Virginia this 27 day of April 1987. AP-,T,OVED AS TO CONTENT @IGNATURE DEPARTMINT .y - 36 - Item IV-H-3- RESOLUTIONS ITEM # 27278 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker,City Council ADOPTED: Resolution in support of the James River Basin Water Supply Plan and urging the Virginia Water Control Board adopt this Plan. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION IN SUPPORT OF THE JAMES RIVER BASIN WATER SUPPLY PLAN WHEREAS, the Southeastern Virginia Planning District Commission predicted in the early 1970's that southeastern Virginia would experience water supply shortages by the end of the decade if new water supplies were not developed; and WHEREAS, major municipal jurisdictions in southeast Virginia have experienced water shortage and water quality problems almost continuously since the 1980/81 drought, and such water shortage and water quality problems are expected to worsen in the future if additional water supplies are not developed; and WHEREAS, the Southeastern Public Service Authority (formally the Southeastern Water Authority of Virginia) did, in 1975 and again in 1983, recommend and endorse withdrawal of water from Lake Gaston as the most appropriate solution to the water shortage; and WHEREAS, the U.S. Army Corps of Engineers completed a nine year congressionally mandated Water Supply Study for Hampton Roads, Virginia, dated December 1984 which recorftmended that an additional 55 million gallons per day (mgd) be developed by the year 2030 and furthermore recommended withdrawal of water from Lake Gaston as the most appropriate solution to the water shortage; and WHEREAS, the Corps' Water Supply Study, which included an Environmental Impact Statement and an extensive analysis of environmental impacts of the most practical alternatives by the U.S. Fish and Wildlife Service, recommended the Lake Gaston Project as the most environmentally sound alternative; and 1 WHEREAS, based on an application from Virginia Beach, which included a 300 page Environmental Report, the Corps of Engineers did make a Finding of No Significant Impact (FONSI) and did issue a permit for Virginia Beach to withdraw 60 mgd from Lake Gaston and transport it to Norfolk's raw water facilities located in Isle of Wight and Suffolk; and WHEREAS, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National marine Fisheries Service, the Virginia marine Resources Commission, the Virginia Water Control Board, and numerous other state, federal, and local agencies have supported the Corps' Finding of No Significant Impact; and WHEREAS, in the more than 10 years that the Lake Gaston Project has been discussed and analyzed, including no less than eight public hearings on the matter, no one has presented any documentable evidence of significant environmental impacts from the project; and WHEREAS, the Virginia Water Control Board has recently prepared a draft James River Basin Water Supply Plan, dated February 1987, which plan recommends that an additional 49 to 85 mgd should be developed for the southeast Virginia municipal demand center to prevent water supply shortages by the year 2030 and which plan further recommends Lake Gaston as the best overall solution to a major portion of the water supply shortage. NOW, THEREFORE BE IT RESOLVED, that the City of Virginia Beach fully endorses the analysis, recommendations, and conclusions of the James River Basin Water Supply Plan as they pertain to southeast Virginia and urges the virginia water Control Board to adopt the plan at its first scheduled opportunity. Be it hereby also resolved that the staff of the Water Control Board is commended for its efforts and dedication in the coordination, drafting, and preparation of the plan. Adopted by City Council of the City of Virginia Beach on 27 day of April 1987. TML/ba 4/13/87 2 - 37 - Item IV-I. CONSENT AGENDA ITEM # 27279 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 6, 7 and 8 of the CONSENT AGENDA. Item 5 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober VERBALLY ABSTAINED on Item IV-I-4 as he is a Member of the Board of SOVRAN BANK. Council Members Absent: None - 38 - Item IV-I.1 CONSENT AGENDA ITal # 27280 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: RESOLUTIONS - MERIT SCHOLARS Michael Carter Davis Frank W. Cox High School Barbara Ann Elliott Frank W. Cox High School Mark W. Flanagan Green Run High School Elizabeth Anne Rogerson Green Run High School David Montgomery Shepheard First Colonial High School Charles Montan Stuart Green Run High School Anthony Paul West, Jr. Kempsville High School Catherine Anne Wood Frank W. Cox High School Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESCFJMON IN TION TO MI@ CARTER DAVIS Education is the basis upon which iridividuals shape their lives, and perhaps the nost valuable of all education is the ability to rnake oneself do the thing that must be done vhen it ought to be done, regardless of tim or reason. 'Ihe best ax)d @st @rtant part of education is that which one gives oneself. As we acquire more knowledge, thirigs do riot beccm more ccmprehensible, but more mysterious; @: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to @t tcmorrow's challenges with 42.22% of the City's operating budget allocated to education. Mie highest function of teaching is in stimulating the pupil into the pursuit of kn(ywledge, belief in the present ard in opportunities, in the future and its prcnlises, as @ll as in the divine joy of living; and, MI@ CARTER DAVIS, with a Grade Point Average of 3.815, rariks Eighth in his class of 477 at Frank W. Cox High Sdml with an SAT soore of 1390. Michael atterided the Governor's School for the Gifted and was selected for several Leadership TAbrks@. He was the "Cutstandi-ng AP Hi-story Student" of the year. He worked as a Volunteer for the @ial olyrpics. He is a menber of the Model United Nations @am and the National Honor Society. He was Captain of the Tidewater Challenge Ttain and Co-Captain of the Debate Tlaam. He @s to study literature and philosophy at the college of his choice. NOW, RE, BE IT RESDLVED: The Virginia Beach City Council, which is very proud of the City's school system that has CX)ntributed much to the quality of life @ prize so highly, pauses in its deliberations to recognize the OuLstanding educational achievEMents of: MICHAEL CARTER DAVIS - FRANK W. CDX HIGH and to congratulate Mic@l wbo will in the very near future represent Virginia Beach at a selected university or college where he will serve as an @ssador of the City and one of our most outstanding citizens. Given under my hand and seal, this TWent@Seventh Day of April, Nineteen Hundred and Eighty-Seven Mayor 1;ESCUMON IN TICN TO BARBAPA ANNE ELLIOTT Education is the basis ux)on which iridividuals shape their lives, and perhaps the mst valuable of all education is the ability to make oneself do the thing that must be donc, when it ought to be done, regardless of tinie or reason. 9he best and most -unpc)rtant part of education is that which o@, gives oneself. As we acquire mare knowledge, th@s do not becme more ccmprehensi-ble, but more mysterious; : Virginia Beach ranks with the nation's best and above most edlicational systems. Citizens and their youth are better prepared to meet tcmorrow's chal-lenges with 42.22% of the City's operating budget allocated to education. The highest function of teaching is in sti.rnulating the pupil into the pursuit of knowledge, belief i-n the present and in cp,@unities, in the future and its prcndses, as @ll as in the divine joy of living; and, ANNE ELLIaff, with a Grade Poi-nt Average of 3.835, ranks Sixth in her class of 477 at Frank W. Cox RLgh School with an SAT score of 1420. Barbara is a National @rit Scholar Finalist, Virginiark-Pilot/Ledger-Star Scholastic @am Mmber and holds the distinction of "Notre Dame Scholar" at the University of Notre Dame. Sie is in the "Adopt A GrandiDarent" Program and is a Volunteer in the Special Olympics She is a r of t7ne nic Band and solo Cboist. @e is Secretary of the National Honor Society, a Flag @au Instructional Specialist, a @r of Ebrensics - Spelling Tean, Key Club and Young Life @e is active in the Holy Fanily Church, its yc)uth group, drama and Oatreach Ministry. Barbara hopes to atten-J the University of Notre Dame or Willi@ College to stlidy psy(fnology or biology in preparation for graduate school and her career goal to be a Physical Therapist. NOW, THEREFORE, BE IT FESCLVED: The Virginia Beach City Cbuncil, wtiich is very proud of the City's school system that has oontributed much to the quality of life we prize so highl-y, pauses in its deliberations to recognize the outstanding educational achievements of: @ ANNE ELLIOTT - W. OCK HIGH SCHOOL and to cc)ngratulate Barbara who will :Ln the very near future represent Virginia Beach at a selected university or @llege where she will serve as an Airbassador of the City and one of our most outstanding citizens. Given under iiiy hand and seal, this @ty-Seventh Day of April, Nineteen @r@ and Eight@Seven Mayor IZESOL.UTION IN @TION TO MARK FLANAGAN Education is the basis upon which individuals shape their lives, and perhaps the mst valuable of all educaticn is the ability to @e oneself do the E-iing that rmst be done when it ought to be dorie, regardless of tirw or rc@ason. @e best and niost @rtant par-t of education is that which on(- gives oneself. As we acquire more knowledg@-, things do not beccm more c@ehensible, but more mysterious; : Virginia Beach ranks with the nation's best and above rmst educational syst@. Citizens and their youth are better prepared to meet tcmorrow's challenges with 42.22% of the City's operating budget allocated to education. @e highest function of teacliing is in stimulating the @pil into the pursuit of knowledge, belief in tlie present and in cpportuni-ties, in the future and its prcmises, as @ll as in the divine joy of living; and, MARK Green F<Lm High School, with a Grade Point Average of 3.26 and an SAT Score of 1410, was a Semi- Finalist in the National @rit Scholarship Progran. Mark attf--nded the 1986 Select Air Force Acadeny for the @r Sr-ientific Seminar. His selection was based upon his @asured abilities in Matli and Science. Only 250 students from throughout the United States were privileged to this selection. Mark placed First in the PTA "Reflections" city-wide cc)ntest. lie is a m@er of the Marching Band, Regional @, French CILib and Treasurer of the VARGAMERS Club as well as a Life Scout in Boy Scouts of @ica. Mark plans to attend Syracuse University and study Math, Science and @ter Science. NOW, IE, BE IT RESOLVED: The Virginia Beach City Council, which is very prow of the City's school systern that has contributed rruch to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achiev@nts of: MARK - G@ HM BIGH SCHOOL to congratulate Mark who will in the very n--ar future represent Virginia Beach at a selected university or college where he will serve as an @ssador of the City and one of our mst outst@ing citizens. Given under my hand and seal, this Tw-enty-Seventh Day of April, Nineteen Handred and Eight@Seven mayor RESOLLITIC[4 IN TION TO Er,IZABETH ANNE ROGERSON Education is the basis uron which individuals shape their lives, and perhaps the mst valuable of all education is Uie abi,lity to make oneself do the thing that rmst be done vhen it ought to be done, regardless of tinie or reason. Ihe best and rmst impc>rtant part of education is that which one gives oneself. As we acquire @e knowledge, things do not @c@- rnore ccinprehensible, but more mysterious,- WHEREAS: Virginia Beach ranks with tlie nation's best and above @st educational syst@. Citizens and their youth are better prepared to @t tcniorrcw's challenges with 42.22% of the City's operating budget allocated to education. 9he highest function of teadiing is in sti.mulatixig the pupil into the pursuit of knowledge, belief in the present and in cpportunities, in the future and its prcmises, as @ll as in the divine joy of living; and, @: Elizabeth Arme Rogerson, with a Grade Point Average of 3.9750, ranks Eighth in her class of 827 at Green Bm High School. Her SAT score was 1360. Elizabeth attended the Governor's school for the H@ities and Girl's State in 1986. Ehe has been a member of the Virginian-Pilot/Ledger-Star Sclulastic lbam three years and received four letters--t@ in Varsity Field Hockey and t@ in Ttack. aie is an active of the "Adopt A Grandparent Program", the Student Advisory (buncil, Peer Cbmseling Program, National Hc>nor SDciety and various scholastic clubs at Green RLin. @e plans to attend the University of Virginia and study Liberal Arts. With the exception of the first half of kindergarten, Elizabeth has attended only Virginia Beach Public Schools. NOW, RE, BE IT VED: The Virginia Beach City Gouncil, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievermnts of: ELIZABETH ANNE FUN HIGH and to ac)ngratulate Elizabeth who will in the very near future represerrt Virginia Beach at a selected university or college where she will serve as an AiTbassador of the City and o@ of our most outstanding citizens. Given @er my hand and seal, this @nty-Seventh Day of April, Nineteen lbndred and Eight@Seven @yor RESCL.UTIOLIT IN @TION TO DAVID MONTGCKW Education is the basis upon which individuals shape their lives, and perhaps the mst valuable of all education is the ability to @e oneself do the thing that rrust be done when it ought t.0 be dorie, regardless of tim or reason. @e best and most @rtant part of education is that which one gives oneself. As we acquire mcre kncywledge, things do nat beccnie rmre ccmprehensible, but more mysterious; : Virginia Beach ranks with the nation's best and above most educational system . Citizens and their youth are better prepared to meet @row's challenges with 42.22% of the City's operating budget allocated to education. 'Ihe highest function of teaching is in stimulating thp- pupil into the pursuit of knowledge, belief in the present and in oppc)rtunities, in the future and its prcrftises, as @ll as in the divine joy of living; and, : David Morrtgcmery @epheard, with a Grade Point Average of 3.25 and an SAT scare of 1350, ranks Sixty-First in his class of 542 at First Oolonial High School. David was a Finalist in 1983 and 1985 for the State Math@tics Regional @tition and was distinguished as @ CLim Laude on the 1986 National Latin exam. He has been selected "Who's Who Amng High School Students" in 1987 and is a m of the 1986 Secorid Team All District Soccer with Honorable Mention in 1985. He is Captain of the Tidewater Challenge Teayn and a of the JETS Team Math and Chemistry. David will study BicFnedical Engineering at P,ensselger Polytechnic Institute. NOW, THEREE'ORE, BE IT IESCLVED: 'Ihe Virginia Beach City Council, which is very proud of the City's school systE!M that has contributed rmch to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achiev@nts of: DA,VID - FIRSR HIGH SCWM and to congratulate David who will in the very near fLTture rerresent Virginia Beach at a selected university or college where he will serve as an @ssador of the City and one of our most outstanding citizens. Given under my hand and seal, this @nty-Seventh Day of April, Nineteen Hundred and Eight)-Seven Mayor W, ION IN @TION TO CHARLES MCNTAN Education is the basis upc)n which iridividuals shcipe their lives, and perhaps the niost valuable of all education is the ability to oneself do the thing that @t be done when it ought to be done, regardless of t@ or reason. ihe best and mst important part of education is that which one gives oneself. As we acquire more kriowledge, things do not beccme more ccrnprehensible, but more mysterious; : Virginia Beach ranks with the nation's best and above most educational system. Citizens an-d tbeir youth are better prepared to @t t@rcw's challenges with 42.22% of the City's operating budget allocated to education. The highest function of teadiing is in stimulating the pupil into the pursuit of knowledge, belief in the present and in opportunities, in the future @ its prcrnises, as @ll as in the divine joy of living; and, WBEREAS: Charles Montan Stuart, with a Grade Point Average of 4.0057, ranks fourth in his class of 827 at Green Run High Scbool with an SNT score of 1400. Charles attended the 1986 Govemor's School of Virginia, was selected as one of four students in his class to be on the Virginia-Pilot/Ledger-StaLr Scholastic Achievement Team and is a National Merit Scholarship Finalist. In his Sophcmore Year, Charles received the Princeton Book Award. He has worked at ]3eth @alcme Home for the Elderly t@ suitners, assisted in the Virginia Beadi Recreation Center's Haridicap@ oiympics, and his Eagle Scout Project was collecting aver 1200 canned foods for the Salvation Anny's Annual Christmas baskets. He has been a and leader of the Debate @am, Chess Club, Historical Sc)ciety,, Forensics @am and National Honor Society. In Eagle Scouts he served as a Patrol Leader, Senior Patrol Leader and Assistant Scoutmaster. He received the "God & Cbuntry" award and is a r of the National Eagle Scout Association as well as the Order of the Arrow. Charles hopes to attend the University of Virginia or the United States Naval AcadErny to study engineering. NOW, THEFMRE, BE IT MSOLVED: 'Ihe Virginia Beach City @uncil, which is very prolid of the City's school system that has contributed much to the quality of life @ prize so highly, pauses in its deliberations to recognize the outstanding educational achieve!rnents of: MONrAN - @ RUN HIGH SCBDOL and to congratulate Charles who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twentl-Seventh Day of April, Nimteen Hundred and Eighty-Seven Mayor RESCLLMCN IN @TIct4 TO ANTHONY PAUL WESR, JR. Education is the basis upon which individuals shape their lives, and perhaps the mst valuable of all education is the ability to @e oneself do the thing that must be done when it ought to be done, regardless of time or reason. 'Ihe best and most @rtant part of education is that which one gives oneself. As we acquire more @ledge, things do not be@ more cmprehensible, but more mysterious; @: Virginia Beach ranks with the nation's best and abcve most educational systmo. Citizens and their youth are better prepared to meet tcmarrow's challenges with 42.22% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of kricwledge, belief in the present and in cpportunities, in the future and its prcnlises, as uell as in the divine joy of living,- and, : Anthorry Paul West, Jr., with a Grade Point Average of 4.1951, ranks Number One in his class at ille @ School. His total @T score was 1520. Anthony was selected as the first altemate on the United States' tearn to the 1986 International Ch@stry Olympiad, a National Mrit Scholarship Finalist, National Honor Society Merrber, the Virginian-Pilot/Ledger-Star Scholastic @ev@nt Tham m@r for 1985, 1986 and the Team Leader in 1987. He attended the Covernor's School for the Gifted, received the DAR Award for Excellence in @ican History in 1986 and placed First in Tid@ter in Chemistry JETS test and Second in Math JETS in 1985. He received Math Awards in 1983, 1984 and 1985. He received the Princeton Bc)ok @d in 1986 and was a Jefferson Scholar Uninee. During the S@r of 1985, he wrote a ter prograra on "Marine Science" %bile working with the Gifted Prograin. His men-berships are nwerous in school as @ll as his participation in Mernorial United Methodist Church. lie joined the Model United Nations at Old Daninion University in 1986. Anthony has been accepted at @T with the goal of a Ph.D. in Chemistry or Physics and @s to work in scientific research. He has been awarded a $2, 000 Scholarship through the National Merit Scholarship ODrporation by the Upjohn C-p-y. NOW, BE IT PESMVED: The Virginia Beach City Council, which is very proud of the City's school systern that has contributed nuch to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achiev@nts of: ANTHONY PATJL WEST, JR. - KEMPSVILLE HIGH SCHOOL to congratulate Anthony who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Ambassador of the City and one of our most outstandirig citizens. Given urider my hand and seal, this @nty-Seventh Day of April, Nineteen @red and Eight@Seven Mayor FE ICN IN TION TO ANNE WOOD Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ab i I ity to rmke oneself do the thing that niust be done %vhen it ought to be done, regardless of tiiw or reasc)n. Tne best and most important pa,rt of education is that which one gives oneself. As we acquire more knowledge, things do not becaw more ccmprehensible, but rnore mysterious; : Virginia Beach ranks with the nation's best and above most educational systenis. Citizens and their youth are better prepared to meet tcmorrow's challenges with 42.22% of the City's operating budget allocated to education. ahe highest function of teaching is in stinulating the pupil into the pursuit of kncywledge, belief in the present and in opportunities, in the future and its prcriiises, as @ll as in the divine joy of living, and, Catherine Anrie @, with a Grade Point Average of 4.04878, ranks r one in her class of 477 at Frank W. Oox High School with an SAT score of 1440. Catherine attended the 1986 Gcwernor's School for the @ities at Mary Baldwin College. aie was selected a Finalist in the National Nbrit Scholarships and was chosen the 1986 Cpt@sts Club's "Student of the Year", YWCA Oatstariding @en in 1985 and was selected for the Virginian-Pilot/Ledger-Star Scholastic @arn in 1985, 1986 and 1987. She was Class President in both her Sophcmore and Junior years, SCA Second Vice President, CaLiDtain of the Tidewater Challenge Tharn, of the Key Club, Cox Medical Association and the National Horior Sc)ciety. She attended Girl's State in 1986 at Longwood College and the Citizenship-Leadership Cbrivention at Freedcrn Fomdation in Valley Forge. Catherine's career goal is Biotechnology and Bioengineering and she hopes to attend the University of Virginia, William and Mary or Duke University. NOW, EM, BE IT RF.SOLVED: The Virginia Beach City Council, which is very proud of the City's school systan that has cc)ntributed mLich to the quality of life @ prize sc) highly, pauses in its deliberations to recognize the outstanding educational achieve:ments of: ANNE WOOD - FRANK W. CDX HIGH SCHOOL and to cc)ngratulate Catherine who will in the very near future represent Virginia Beach at a selected university or college %here she will serve as an @ssador of Ule City and one of our most outstanding citizens. Given under my hand and seal, this @nty-Seventh Day of April, Nineteen Hmdred and Eight@Seven Mayor - 39 - Item IV-I.2 CONSENT AGENDA ITEM # 27281 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: RESOLUTION IN RECOGNITION Eugene Smith - Forty Years - City Employee Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESCLUTION IN TION The City (buricil, be@ t:lie governing body of the city of Virginia Beach, is oc)ncerned that City @loyees b,,e recognized for their achievemnts in various facets of @loymnt and for their contribution of tjxne@, talent and effort; : In the oc)urse of our live-s, there are persons wl-io attah-i fame and great wealth for the service they render their fell@n. Y(-@t, there are many who render such services at great personal sacrifice who are quiet and masslzning in their mode of life and place more value on the camfort @ wll being of others than on praise and monetary gain; : EUGENE SMITH was @loyed in 1947 as an Cperator I under Mlter I-luThries in the City's Higliway Depar@nt. @ was skilled at his trade and received prcmotions in 1964, 1965 and to Highway Foremm in 1967. in 1970, he transferred to the ODnstruction Crew under J. P. Lane. @ was prcmcted to General @rvisor where his duties ranged fran cuttim new streets to installation of pipe, sidewalks, curb, cutter and basins. In 1979, he transferred to Bridge and 'viaterways and was respc)nsible for pipe installation. In 1981, he transferred to the Drainage Maintenance Bureau where he is currently mai-ntenance @pervisor; arid, WHEREAS: DLiring his 40 years as a dedicated City @loyee, he has been late to @rk only once and has received a 7-year Safe Driving Award. His diligence is recognized with gratitude. NOW, RE, 13E IT RESOLVED: @at the Virginia @,ach City Council on behalf of its citizens, r,-co@zes this dedicatcd City @loyee: EUGENE SMITH Given under my hand and seal this @nty-Seventh day of April, Nineteen Hundred and Eighty-Severl Mayc)r - 40 - Item IV-I-3- CONSENT AGENDA ITEM # 27282 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED upon SECOND READING: Ordinance to appropriate $69,300 for the Lease/Purchase of the Alcohol Detoxification Center. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $ 69,300 FOR TIIE LEASE PURCHASE OF TIIE ALCOHOL DETOXIFICKRION CENTER WHERF-AS, the city of Virginia Beach, Virginia currently rents the Alcohol Detoxification Building from Design Space International, and WHERF-AS, the three year lease on the structure currently requires a monthly payment of $2,895 with the right to either renew the lease or purchase the building at the end of the initial period, and WHEREAS, the city can exercise its option to purchase the building at a purchase cost of $69,300 and lease purchase the structure over five years with and monthly lease purchase amount of $1,424, and WHEREAS, renewing the lease for an additional three year period would cost the city a monthly rental fee of $2,000 per month with the option to purchase the structure at the end of the second three year period at a cost of $43,600, and WHEREAS, a rental fee will be charged to the Community Services Board for usage of the structure thereby maintaining level state funding for the program while generating additional revenues to the city. NOW, THEREFORE, BE IT ORDAINED, that the funds are appropriated in the amount of $69,300 for the lease purchase of the Alcohol Detoxification Genter with a corresponding increase in estimated revenue. BE IT FURTHER ORDAINED, that the City Council authorizes the City Manager to enter into a lease purchase agreement for the acquisition of the Alcohol Detoxification Center at a purchase cost of $69,300 and to adjust the FY 1987-88 Operating Budget Debt Service to reflect the annual lease purchase payment of $17,088. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 27 April day of 1987. First Reading: April 20, 1987 APPROVED AS TO CON i'E.4,T April 27, 1987 Second Reading: Et5 - 41 - Item IV-I.4 CONSENT AGENDA ITEM # 27283 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing the City Manager to execute a deed relocating an easement with SOVRAN BANK, N.A. as shown on a plat entitled, "plat vacating existing and dedicating new easement for traffic control box" on Thirty-first Street and Pacific Avenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober* Council Members Absent: None "Councilman Heischober ABSTAINED as he is a member of the Board of SOVRAN BANK, N.A. 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY 6 MANAGER TO EXECUTE A DEED OF 7 EASEMENT SHOWN ON PLAT ENTITLED 8 "PLAT VACATING EXISTING AND 9 DEDICATING NEW EASEMENT FOR 10 TRAFFIC CONTROL BOX" 11 12 13 WHEREAS, Sovran Bank, N.A. (formerly aS First and 14 Merchants National Bank of Tidewater), party of the first part, 15 has heretofore granted to the City, party of the second part, 16 an easement entitled "Permanent Easement for Traffic Control 17 Box" by Deed dated June 7, 1977 and recorded in the Clerk's 18 office of the Circuit Court of the City of Virginia Beach, 19 Virginia in Deed Book 1676 at page 10; and 20 WHEREAS, the party of the second part has agreed to 21 vacate said easement in exchange for the party of the first 22 part's dedication of a new easement for the subject Traffic 23 Control Box; and 24 WHEREAS, Sovran Bank, N.A. has agreed to dedicate an 25 easement for the subject Traffic Control Box for the benefit of 26 the party of the second part in exchange for the party of the 27 second part's vacation and release of the prior easement 28 recorded in Deed Book 1676 at page 10; and 29 WHEREAS, for and in consideration of the premises and 30 dedication herein the party of the second part does hereby 31 release, vacate and forever quit claim unto the party of the 32 first part, and its successor and assigns, all of its right, 33 title and interest in and to the subject easement for the 34 Traffic Control Box heretofore dedicated to it by the party of 35 the first part, formerly as First and Merchants National Bank 36 of Tidewater, and more particularly described in that Deed 37 recorded in Deed Book 1676 at page 10, in the aforesaid Clerk's 38 Office; and 39 WHEREAS, for and in consideration of the release, 40 vacation and quit.claim of the foregoing easement by the party 41 of the second part, the party of the first part does hereto 42 grant, bargain, sell and convey with General Warranty and 43 English Covenants of Title unto the party of the second part an 44 easement for a Traffic Control Box specifically shown on a plat 45 attached hereto, recorded herewith and made a part hereof and 46 entitled "Plat Vacating Existing & Dedicating New Easement for 47 Traffic Control Box on Adjoining Strip of Property Parallel to 48 Pacific Avenue Block 7511, dated September 16, 1986, and made by 49 C. Allan Bamforth, Jr., Engineer-Surveyor. Said easement is 50 shown on said plat as "Easement Hereby Dedicated to the City of 51 Virginia Beach for Traffic Control Box, Area = 23.35 S.F.". 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 53 CITY OF VIRGINIA BEACH, VIRGINIA: 54 That the City Manager is hereby authorized and 55 directed to execute the Deed of Easement (a copy of which is 56 attached hereto as Exhibit A and made a part hereof) between 57 Sovran Bank, N.A. and the City of Virginia Beach, wherein the 58 City vacates an easement entitled "Permanent Easement for 59 Traffic Control Box" in exchange for the dedication of a new 60 easement for the subject Traffic Control Box. 61 Adopted by the Council of the City of Virginia Beach, 27 April 62 Virginia on this day of 1987. 63 64 65 66 awj 67 3 / 3 1/87 68 Sovran.ord 69 D AS TO CONTENTS (70@V" SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITYATT 2 EXHIBIT A TliIS DEED OF EASEMENT, made this 24th day of March, 1987, by and between Sovran Bank, N.A., successor by merger to First and Merchants National Bank of Tidewater, party of the first part, and the City of Virginia Beach, a municipal Corporation in the Commonwealth of Virginia, party of the second part: W I T N E S S E T H WHEREAS, Sovran Bank, N.A. (formerly as First and Merchants National Bank of Tidewater) has heretofore granted to the party of the second part an easement entitled "Permanent Easement for Traffic Control Box" by Deed dated June 7, 1977 and recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia in Deed Book 1676 at page 10; and WHEREAS, the party of the second part has agreed to vacate said easement in exchange for the party of the first part's dedication of a new easement for the subject Traffic Control Box; and WHEREAS, Sovran Bank, N.A. has agreed to dedicate an easement for the subject Traffic Control Box for the benefit of the party of the second part in exchange for the party of the second part's vacation and release of the prior easement recorded in Deed Book 1676 at page 10; and NOW, THEREFORE, for and in consideration of the premises and dedication herein the party of the second part does hereby release, vacate and forever quit claim unto the party of the first part, and its successor and assigns, all of its right, title and interest in and to the subject easement for a Traffic Control Box heretofore dedicated to it by the party of tlie first part, formerly as First and Merchants National Bank of Tidewater, and more particularly described in that Deed recorded in Deed Book 1676 at page 10, in the aforesaid Clerk's office. NOW, THEREFORE, for and in consideration of the release, vacation and quit claiin of tlie foregoing easement by the party of the second part, the party of the first part does hereto grant, bargain, sell and convey with General Warranty and English Covenants of Title unto the party of the second part an easement for a Traffic Control Box specifically shown on a plat attached hereto, recorded herewith and made a part hereof and entitled "Plat Vacating Existing & Dedicating New Easement for Traffic Control Box on Adjoining Strip of Property Parallel to Pacific Avenue Block 75", dated September 16, 1986, and made by C. Allan Bamforth, Jr., Engineer-Surveyor. Said easement is shown on said plat as "Easement Hereby Dedicated to the City of Virginia Beach for Traffic Control Box, Area = 23.35 S. F.". City of Virginia Beach By: Thomas H. Muehlenbeck City Manager ATTESTED: Ruth Hodges Smith City Clerk -2- Sovran Bank, N.A. By: Authorized Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instruinent was acknowledged before me this day of 1 1987 by Thomas H. Muehlenbeck, City Manager and Ruth Hodges Smith, City Clerk. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this_ day of 1987 by of Sovran Bank, N.A., a Virginia corporation on behalf of the corporation. AS TO CONTENTS My Commission Expires: r SIGNATLikE DEPARTMENT APPROVED AS TO LEGAL -3- SUFFICIENCY AND FORM CITY ATTORT,'EY o orn o -o-u rn n xrn rnm rn -z mo E. rn :m2 m rn o o ;o 0 ]> rn C: r.,, rrn0 @-z z rvi x> Z @'-<m 0 0 m -n 00 CD- > m >Z @ U)o m M a m a > > -0 om rn ZC) f\) CD Mo 0 > z z I> ;K 0 z ;o C:) o 0 @ 0 0 U) CD -n EW m - 0 F ol < Z rli - C') 0 m OJ ;D -n o Z -n b7 0 0 > c, 2 c z m -c m Lw mz m CD a) - CD 0 rn r- 0 > -< CD M m 0 > < L') ic c-n m 0 c M 0 rri < M 0 - mC- > 1-5.00' rn I > -n -4 rn m x 0 0 I> rm :0 (J) > -1 -4 xrn OD rn ?. :; C-) m -n Z -n :; -A LQ F) < L" 0 La 0 -"m 0 m S 76012 '13W Z<M CID 0 > kj ]> 3: OrnO 313t STREET 60' U) Ln > M m m @'>: o 0 OWO m ;o z X r, C.) m' > < > (LASKIN ROAD) r, ;c Z o > m > ED i5 Fno ic -< r- Z -n z C- m c O m z < ap x z 0 ]> > m m > n.@ z0 -4 0 0 71 X< z 0 0 ME C) -n 0 -z m -T > - i> 6 @ -4 (n 0 Fn CO -1 :0 z 0 xOD 0 i; 0 0 F, I> I>c -0 T m > -n M 0 w ]> -4 I> z a) @ C.) -n F rn 60 C') x 0< > C) :; 0- .0 C., 0 C-) 2 m > -A 0m@ x 7 . - M z ;D @ C) - 0 .. >C, 0 Z (/) En r- z m rn -0 M -4 rn > < Z rn M m C m i- (1) r- rn G) m 0 0 ]> -u z OD >0 g -u rv? rn Li) rn > (J)z ;u ;a 0 0 -4 > 0 rv) C-, < C') r- > r- -4 0 rn Cl) 0 -0 IOD (n zz > 0 > z x - 42 - Item IV-I-5- CONSENT AGENDA ITEM # 27284 Councilwoman McClanan inquired as to whether all the property owners had been notified concerning acquisition of temporary and permanent easements of right- of-way and have they had sufficient time to notify as to whether they accept or reject. Donald Trueblood, Chief Engineer, advised eight (8) property owners were involved, of those: one had accepted the offer, four had refused the offer, one desired a guarantee for a Change of Zoning and one feels the plat is in error. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize the acquisition of property in fee simple for right-of-way improvements at the intersection of North Landing Road at Indian River Road and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation (CIP: 2-816). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye 1 Requested by Director of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE THE 5 ACQUISITION OF PROPERTY IN FEE 6 SIMPLE FOR RIGHT-OF-WAY 7 IMPROVEMENTS AT THE INTERSECTION OF 8 NORTH LANDING ROAD AT INDIAN RIVER 9 ROAD AND THE ACQUISITION OF 10 TEMPORARY AND PERMANENT EASEMENTS 11 OF RIGHT-OF-WAY, EITHER BY 12 AGREEMENT OR BY CONDEMNATION 13 14 15 WHEREAS, in the opinion of the Council of the City of 16 Virginia Beach, Virginia, a public necessity exists for the 17 construction of this important project to provide transportation 18 and for other public purposes for the preservation of the safety, 19 health, peace, good order, convenience, moral and welfare of the 20 people in the City of Virginia Beach. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 22 CITY OF BEACH, VIRGINIA: 23 Section 1. That the City Attorney is hereby authorized 24 and directed to acquire by purchase or condemnation pursuant to 25 Section 15.1-236, et seq. and Section 33.1-89, et seq., Code of 26 Virginia of 1950, as amended, all that certain real property in 27 fee simple including temporary and permanent easements of right- 28 of-way as shown on the plans entitled, 'IR/W IMPROVEMENTS NORTH 29 LANDING ROAD AT INDIAN RIVER ROAD," these plans being on file in 30 the office of Real Estate, Department of Public Works, Virginia 31 Beach, Virginia. 32 Section 2. That the City Attorney is hereby authorized 33 to make or cause to be made on behalf of the City of Virginia 34 Beach, to the extent that funds are available, a reasonable offer 35 to the owners or persons having an interest in said lands; if 36 refused, the City Attorney is hereby authorized to institute 37 proceedings to condemn said property. 38 Section 3. That an emergency is hereby declared to 39 exist and this ordinance shall be in force and effect from the 40 date of its adoption. 41 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 27 day of April 1987. 45 46 47 48 49 50 51 JAR/ih 52 04/20/87 APPROVED AS TO CONTENT cil, 2 - 43 - Item IV-I.6 CONSENT AGENDA ITEM # 27285 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED: RAFFLE PERMIT Virginia Wildlife Federation Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 44 - Item IV-I.7. CONSENT AGENDA ITEM # 27286 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED: CERTIFICATES OF PUBLIC CONVEMIENCE AND KECESSITY Beach Limousine and Courier Service, Inc. H. B. D. Marine Service, Ltd. Pacific Corporation Premiere Limousine Voting: 11-0 Council Members Voting Aye; Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 45 - Item IV-I.8. CONSENT AGENDA ITF14 # 27287 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $11,285-59 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan p John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 4/20/87 EMC ORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Edwin C Kellam Jr Trust 87 RE(2/2) 54278-8 12/5/86 .40 Dominion Federal S & L 87 RE(1/2) 110519-7 12/5/86 520.83 Hazel G Nester 87 RE(1/2) 76370-8 11/10/86 634.37 Pender & Coward 78 RE 3530 3/2/87 114.29 United Virginia Mortgage 87 RE(1/2) 116417-7 12/5/86 203.52 McGuire Woods & Battle 87 RE(1/2) 90693-9 11/19/86 90.27 Harry &Betty M Jeavons 87 RE(1/2) 51156-1 12/5/86 14.00 Harry &Betty M Jeavons 86 RE(1/2) 48814-2 12/5/85 14.00 Harry &Betty M Jeavons 86 RE(2/2) 48814-2 6/5/86 14.00 Harry &Betty M Jeavons 85 RE(]/2) 46108-2 12/5/84 14.00 Harry &Betty M Jeavons 85 RE(2/2) 46108-2 6/5/85 14.00 Harry &Betty M Jeavons 84 RE(1/2) 43852-8 12/5/83 14.00 Harry &Betty M Jeavons 84 RE(2/2) 43852-8 6/5/84 14.00 W Paul & Cora Burleson 87 RE(1/2) 45484-6 11/17/86 393.70 Harry E & Lois H Padgett 87 RE(1/2) 80065-0 12/5/86 130.00 The Georgia Company 87 RE(1/2) 84765-5 12/5/86 46.18 Breeden, MacMillan & Green 87 RE(1/2) 33573-4 11/7/86 268.72 R G Moore Bldg Corp 87 RE(1/2) 70561-0 12/5/86 70.00 Va Beach Federal S & L 87 RE(1/2) 62195-1 12/5/86 345.81 Virginia Federal S & L 86 RE(1/2) 93291-0 12/5/85 28.00 Virginia Federal S & L 86 RE(2/2) 93291-0 6/5/86 28.00 Sovran !,Iortgage Corp 86 RE(1/2) 29561-7 12/5/85 6,388.OL Loan Guaranty Division 87 RE(1/2) 83958-4 12/2/86 207.93 Sovran Mortgage Corp 86 RE(1/2) 73672-1 12/5/85 8.00 Sovran Mortgage Corp 86 RE(1/2) 72009-7 12/5/85 9.12 Lillie L Roberts 87 RE(1/2) 88714-8 12/3/86 603.70 Mutual Federal S & L Assoc 87 RE(1/2) 92650-6 12/5/86 332.85 Daniel W Humphre@'t 86 pp 204992-3 51154 2/3/87 15.36 Shirley Gray 86 pp 200616-7 51157 5/20/86 272.94 Phillip & Suzanne Franklin 86 pp 56765-3 51182 6/5/86 418.50 David L Miles 86 pp 111602-3 51151 5/14/86 56.28 Total 11,285.59 This ordinance shall be effective from date The abe@f,@@emnt(s) totaling ed as to 'were approved by the Council of-the City of Virginia Beach on the 2'7 day of 87 pp,pved as to form: Ruth Hodges Smith City Clerk - 46 - Item IV-K.1 UNFINISHFD BUSINESS ITEM # 27288 The City of Virginia Beach, Virginia, Interim Financial Statements for the period July 1, 1986 through February 28, 1987 were distributed to City Council. (Copy of same is hereby made a part of the record). Mayor Jones referenced page 2.1 Revenues and Expenditures. Over the last three years there has been a downward trend on the Revenue percentage raised at this point on the fiscal year and a marked increase in the Fxpenditures. The City Manager advised same stated "Expenditures and Encumbrances", this meant what has ben encumbered but not necessarily spent. Mayor Jones inquired as to whether there would be difficulty in separating Expenditures and Encumbrances. Concerns relative same had been expressed by Councilman Moss. - 47 - Item IV-L.1 ADJOURNMENT ITE4 # 27289 Upon motion by Councilman Fentress, and BY ACCLAMATION, City Council ADJOURNED the Formal Session at 9:25 P.M. B.,,erly 0 Chief Deputy City Clerk R6ith HodgErs Smith, CMC 3 City Clerk City of Virginia Beach Virginia "City Council, after ADJOURNMENT, continued with the BUDGET WORKSHOP in the Conference Room until 10:20 P.M.