5-14-91 Minutes

A regular meeting of the Council of the City of Bedford, Virginia, was held in the Council Hall of the Municipal Building at 7:30 p.m., May 14, 1991.

Members present: Mayor G. Michael Shelton; Councilman Larry D. Brookshier; Councilwoman Joanne A. Grahame; Councilman Payton M. Otey; Vice Mayor John M. Owen, III; Councilman Ronnie C. Rice; and Councilman James A. Vest.

Members absent: None.

Staff present: City Manager Jack A. Gross; City Attorney W. W. Berry, IV; and Clerk of the Council Teresa W. Hatcher.

Mayor Shelton opened the meeting and the student "Local Government Day" Mayor Felicia Miller led all present in saying the Pledge of Allegiance to the Flag.

Mayor Shelton announced that Moog GmbH of Germany, a worldwide manufacturer of bridge inspection equipment, has selected Bedford as the site of its first manufacturing facility outside of Germany. He stated that the one million dollar facility, which will operate under the name of Moog USA, Inc., will be built for the fabrication and assembly of bridge inspection and repair equipment.

Mayor Shelton mentioned a few of the people who helped in bringing this new industry to the City: Donnie Slusher of Slusher, Simpkins, Lloyd, and Associates; Jerry Brown, President of Brown Construction Company; Mr. Lee Cobb, Director of Economic Development for the City of Lynchburg; City Manager Jack Gross; Director of Community and Economic Development Jimmy English; City Attorney Will Berry; numerous other City staff members; and Region 2000.

Mayor Shelton welcomed Mr. Alfons Moog, President of Moog USA, and presented him with an engraved pen, a City of Bedford pin, and a City of Bedford hat. The Mayor also welcomed Mr. David L. Flowtow, general manager, and presented him with a City hat.

Mayor Shelton declared that the minutes of a regular Council meeting held on April 23, 1991, and the minutes of an adjourned Council meeting held on April 30, 1991, were approved as mailed.

Vice Mayor Owen introduced the student participants in "Local Government Day": Mayor Felicia Miller; Vice Mayor Emily Allen; Council members, Lisa Ashworth, Emily Clark, Carson Overstreet, Ryan Stevens, and Charity Bryant; Commissioner of the Revenue Joshua Adkins, City Manager Regan Warner, City Attorney Meredith Reaves, and Clerk of the Council Monique Greene.

The student Clerk of Council read aloud the following proposed resolution:

RESOLUTION

LOCAL GOVERNMENT DAY

Councilwoman Grahame moved that the resolution be adopted. The motion was seconded by Vice Mayor Owen, voted upon and carried unanimously by the following roll call vote:

Councilman Brookshier aye

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Mayor Shelton aye

Linda Kochendarfer, Executive Director of Bedford Main Street, Inc., made a presentation regarding Historic Preservation Week and the activities with this event which have taken place in the Centertown area. She stated that the old Citizen's Bank Building has been purchased by the Virginia Historic Preservation Foundation, a state revolving fund used to acquire and resell properties to buyers who promise to protect them.

The City Manager stated that the City has been advised by the Department of Conservation and of Recreation, Division of Soil and Water Conservation of the Commonwealth of Virginia that several major changes in the National Flood Insurance Program Rules were set forth in 1989 and 1980. He said that the City's Flood Plain Ordinance had been approved previously, but the recent changes in the rules require the City to amend the ordinance, which is part of the City Land Development Regulations, so that the City can be in compliance with the law and remain eligible for the Flood Insurance Program.

On motion by Councilman Vest, seconded by Councilman Otey, voted upon and carried unanimously, Council waived the reading of the proposed ordinance to amend and re-enact the City of Bedford Land Development Regulations pertaining to floodplain zoning.

On motion by Councilman Brookshier, seconded by Councilwoman Grahame, voted upon and carried unanimously by a roll call vote, Council adopted the ordinance pertaining to floodplain zoning. Roll call vote follows:

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Councilman Brookshier aye

Mayor Shelton aye

The ordinance follows as adopted:

WHEREAS, the City of Bedford has enacted as part of its Land Development Regulations a chapter Regulating Flood Hazard Districts (Existing Section 611) in order to participate in the National Flood Insurance Program; and

WHEREAS, recent changes in the National Flood Insurance Program (NFIP) Rules require the City to amend its existing Floodplain Ordinances in order to remain in compliance with NFIP Rules and in order to qualify the community for the Federal Flood Insurance Program.

Now, therefore, BE IT ORDAINED by the Council of the City of Bedford:

Section 1. Section 611.01 through Section 611.12 of the City of Bedford Land Development Regulations adopted January 26, 1989 are hereby repealed, except those provisions shall still be applicable to permits which were issued pursuant to said Sections prior to the date of enactment of this ordinance.

Section 2. The following new Sections are enacted and added as Chapter 612 Flood Hazard District (FH) of the City of Bedford Land Development Regulations, and said Land Development Regulations are re-enacted so as to include the new Section, which shall read as follows:

The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

These provisions shall apply to all lands within the jurisdiction of Bedford and identified as being in the 100-year floodplain by the Federal Insurance Administration.

A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance.

B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages.

C. This ordinance shall not create liability on the part of the City of Bedford or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

This ordinance supersedes any ordinance currently in effect in flood-prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this ordinance. This ordinance shall become effective one week after publication in the Bedford Bulletin or after posting at three (3) or more places in the City for one week pursuant to Section 19 of the City Charter.

A. Base-Flood/One-Hundred Year Flood-A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

B. Base Flood Elevation (BFE) - The Federal Emergency Management Agency designated 100 year water surface elevation (plus one, two or three feet). (THIS ADDITION WILL BE USED ONLY WHEN A COMMUNITY DESIRES TO EXCEED MINIMUM FEDERAL STANDARDS)

C. Board of Zoning Appeals - The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance.

D. Development - Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

E. Flood - (a) A general and temporary condition of partial or complete inundation of normally dry land areas from (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e.mudflows) which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

F. Flood-Prone Area - Any land area susceptible to being inundated by water from any source.

G. Floodplain - (a) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; (b) an area subject to the unusual and rapid accumulation or runoff of surface water from any source.

H. Floodway - The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purpose of this ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100)-year magnitude.

I. Historic Structure - Any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior or

(2) Directly by the Secretary of the Interior in states without approved programs.

J. Manufactured Home - A structure subject to Federal Regulations, which is transportable in one ore more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

K. Manufactured Home Park/Subdivision - A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

L. New Construction - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

M. Recreational Vehicle - A vehicle which is:

(a) built on a single chassis;

(b) 400 square feet or less when measured at the largest horizontal projection;

(c) designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

N. Start of Construction - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such a garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

O. Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

P. Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure."

A. Basis of Districts

B. Overlay Concept

1. The Floodplain Districts described shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

2. Any conflict between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

3. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

The boundaries of the Floodplain Districts are established as shown on the (Flood Boundary and Floodway Map and/or Flood Insurance Rate Map) which is declared to be a part of this ordinance and which shall be kept on file at the City of Bedford offices.

The delineation of any of the Floodplain Districts may be revised by the Federal Emergency Management Association where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

A. Permit Requirement

B. Alteration or Relocation of Watercourse

Prior to any proposed alteration or relocation of any channels

C. Site Plans and Permit Applications

1. For structure to be elevated, the elevation of the lowest flood (including basement).

2. For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

3. The elevation of the one hundred (100)-year flood.

4. Topographic information showing existing and proposed ground elevations.

D. Manufactured Homes

E. Recreational Vehicles

Recreational vehicles placed on sites either:

(i) Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, or

(ii) Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in paragraph 4.1 D above.

In the Floodway District no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one hundred (100)-year flood elevation.

The following uses and activities are permitted provided that they are in compliance with the provisions of the underlying area and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:

A. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

B. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges,and hunting and fishing areas.

C. Accessory residential uses, such as yard areas, gardens, play areas, and pervious loading areas.

D. Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc.

In the Flood-Fringe and Approximated Floodplain Districts the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

In the Flood-Fringe and Approximated Floodplain Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying area provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

Within the Approximately Floodplain District, the applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the one hundred (100)-year flood elevation more than one foot at any one point. The engineering principle--equal reduction of conveyance-shall be used to make the determination of increased flood heights.

Within the floodway area delineated by the applicant, the provisions of Section 4.2 shall apply.

A. Sanitary Sewer Facilities

B. Water Facilities

C. Drainage Facilities

D. Utilities

E. Streets and Sidewalks

In passing upon applications for Variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:

The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances.

Variances shall be issued only after the Board of Zoning Appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant.

The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one hundred (100)-year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuances of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to he following conditions:

Section 3. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable.

Section 4. This Ordinance shall become effective one week after publication in the Bedford Bulletin or after posting at three or more places in the City for one week pursuant to Section 19 of the City Charter.

The City Manager stated that Council had before them an ordinance prepared by the City Attorney for the regulation of certain sales which are promoted or advertised as liquidation sales. He stated that under the provisions of State Law, Code of Virginia, Title 18.2, Chapter 6, Article 8, presently a person conducting such a sale has to obtain a permit from the county, town or city, and the municipality is required to inspect the advertisement and conducting of the sale to insure that it is being advertised and conducted in conformity with the required permit.

Councilwoman Grahame moved that Council waive the reading of the proposed ordinance. The motion was seconded by Councilman Otey, voted upon and carried unanimously.

Councilwoman Grahame moved that Council adopt the ordinance (regulating "Going-out-of-Business" Sales). The motion was seconded by Councilman Brookshier, voted upon and carried unanimously by the following roll call vote:

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Councilman Brookshier aye

Councilwoman Grahame aye

Mayor Shelton aye

The ordinance follows as adopted:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BEDFORD:

Section 1. The following new Sections are enacted and added as Chapter 5.1 of the City Code:

The following words and phrases where used in Sections 5.1-1 through 5.1-6 shall have the following respective meanings, except where context clearly indicates a different meaning:

(a) Going-out-of-business sale: A sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales: Adjuster's; adjustment; alteration; assignee's; bankrupt; benefit of administrator's; benefit of creditor's; benefit of trustee's; building coming down; closing; creditors committee; creditors; end; executors; final days; forced out; forced out of business; insolvents; last days; lease expires; liquidation; loss of lease; mortgage; receivers; trustees; quitting business.

(b) Removal of business sale: A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the city or will then continue business from other existing locations in the city.

(c) Fire and other altered goods sale: A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

A permit issued by the City Manager shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds:

(a) Going-out-of-business sale;

(b) Removal of business sale; and

(c) Fire and other altered stock sale.

(a) Established business requisite. Any person who has not been the owner of a business advertised or described in the application for a permit under this section for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a permit, except, however, that upon the death of a person doing business in the city his or her heirs, devisees, legatees, executors, administrators, or trustees under the will of said decedent, shall have the right to apply at any time for a permit hereunder.

(b) Interval between sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application within one year past from the date of such application shall not be granted a permit.

(c) Restricted location. Where a person applying for a permit under the provisions of Sections 5.1-1 through 5.1-6 operates more than one place of business, the permit issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the permitted sale, nor shall the store or branch conducting the permitted sale advertise or represent that any other store or branch is cooperating with it, or participating in any way in the permitted sale.

(d) Persons exempted. The provisions of Sections 5.1-1 through 5.1-6_ shall not apply to or affect the following persons:

(1) Persons acting pursuant to an order or process of a court of competent jurisdiction;

(2) Persons acting in accordance with their powers and duties as public officials;

(3) Duly licensed auctioneers, selling at auction;

(4) Any publisher of a newspaper, magazine or other publications, who publishes in good faith, any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this section have not been complied with.

Any person desiring to conduct a sale regulated by Sections 5.1-1 through 5.1-6 shall make a written application for a license to do so, to the City Manager setting forth and containing the following information:

(a) The names and addresses of the person to be licensed, including the names of all partners and, if a corporation, the names and addresses of the officers.

(b) The name and address of the true owner of the goods to be sold at such sale if the applicant is acting as an agent of the owner;

(c) A description of the place where such sale is to be held;

(d) The nature of the occupancy, whether by lease or sublease and the effective date of termination of such occupancy;

(e) The dates of the period of time during which said sale is to be conducted;

(f) A full and complete statement of the facts in regard to such sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the same will be conducted;

(g) The means to be employed in advertising such sale together with the proposed content of any advertisement;

(h) A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records, which inventory shall be attached to and become a part of the required application. All goods included in such inventory shall have been purchased for resale and shall not compromise good purchased on consignment. Such inventory shall not include goods ordered in contemplation of such a sale. Any unusual purchases, or additions to the stock of goods of the business hereby affected within sixty (60) days before the filing of any application hereunder shall be deemed to be of such character.

Prior to the issuance of such permit, the Treasurer for the City of Bedford shall collect a fee to be paid by the applicant in the amount of $65.00 for each permit issued. Such permit fee is in addition to, and not in lieu of, any other applicable taxes or fees required by the City of Bedford.

(a) Any applicant for a permit under Sections 5.1-1 through 5.1-6 who has complied with the provisions of Section 5.1-4, and who has paid the required permit fees and taxes set forth in Section 5.1-5 shall be issued a permit hereunder to conduct the sale described in said application, for a period of not more than sixty (60) consecutive days, following the commencing date stated in said permit, which permit shall authorize only the one type of sale described in said application, at the location named therein, and shall authorize only the sale of goods described in the inventory attached to said application. Any permit herein provided shall not be assignable or transferable.

(b) At the end of said sixty-day permit period, should said holder of the permit deem it necessary in order to complete the sale of said stock to ask for an extension of time to do so, upon such request being filed with the City Manager which request shall be accompanied by a revised inventory showing the items listed on the original inventory remaining unsold, and not listing any goods not included in the original inventory, and upon good cause being shown justifying an extension of said time, the City Manager shall grant an extension of the period set forth in the original permit for an additional period not to exceed thirty (30) consecutive days, from the expiration date of the period covered in the original license issued under this section. In no event, however, shall such sales continue for more than ninety (90) consecutive days following the commencing date stated in said original permit. At the expiration of the period set forth in the original license or any extension of same as above provided, all such sales shall end and all business operations at said location covered by said holder of permit shall cease.

Any person violating the provisions of this Chapter 5.1 shall be punishable pursuant to the provisions of Section 18.2-223 of the Code of Virginia, 1950 as amended.

Section 2. This Ordinance shall become effective one week after publication in the Bedford Bulletin or after posting at three or more places in the City for one week pursuant to Section 19 of the City Charter.

The Clerk of Council read aloud the following proposed ordinance:

ORDINANCE

Councilman Brookshier moved that the ordinance be adopted as read. The motion was seconded by Councilwoman Grahame, voted upon and carried unanimously by the following roll call vote:

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Councilman Brookshier aye

Councilwoman Grahame aye

Councilman Otey aye

Mayor Shelton aye

The Clerk of Council read aloud the following proposed ordinance:

ORDINANCE

Councilwoman Grahame moved that the ordinance be adopted. The motion was seconded by Councilman Otey, voted upon and carried unanimously by the following roll call vote:

Councilman Rice aye

Councilman Vest aye

Councilman Brookshier aye

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Mayor Shelton aye

The Clerk of Council read aloud the following proposed ordinance:

ORDINANCE

Councilman Brookshier moved that the ordinance be adopted as read. The motion was seconded by Councilwoman Grahame.

Discussion ensued regarding the proposed budget.

The motion was then voted upon and carried by the following roll call vote:

Councilman Vest aye

Councilman Brookshier aye

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen nay

Councilman Rice nay

Mayor Shelton aye

Mayor Shelton declared a recess from 8:23 p.m. until 8:30 p.m.

On motion by Councilwoman Grahame, seconded by Councilman Rice, voted upon and carried unanimously by a roll call vote, Council adjourned into executive session for consultation with legal counsel and staff regarding annexation cases, pursuant to Section 2.1-344(a)(7) of the Code of Virginia of 1950, as amended:

Councilman Brookshier aye

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest aye

Mayor Shelton aye

Council adjourned into executive session at 8:35 p.m. Non-council members attending were: City Manager Gross, City Attorney Berry, Clerk of the Council Hatcher, and Attorney Carter Glass.

Councilman Vest left the meeting at 9:57 p.m.

Council reconvened into open session at 10:12 p.m.

The Clerk of Council read aloud the following resolution:

Councilwoman Grahame moved that the resolution be adopted as read. The motion was seconded by Councilman Rice, voted upon and carried by the following roll call vote:

Councilwoman Grahame aye

Councilman Otey aye

Vice Mayor Owen aye

Councilman Rice aye

Councilman Vest absent

Councilman Brookshier aye

Mayor Shelton aye

The Mayor asked the Finance Committee to take a look at the idea of having an Advisory Referendum on November's ballot to determine if the citizens would support a tax increase for funding the debt service for the construction of a new library.

Mayor Shelton adjourned the meeting at 10:14 p.m.