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383 <br /> <br />September 13,1983 <br /> <br /> On motion of Mr. Gray and seconded by Mr. Beamer, the ordinance was adopted and by the <br />fbllowing vote: , <br /> <br />Ayes: Beamer, Gray, Holley, Webb Whitlow, Johansen <br />Nays: None ' <br /> <br /> 83-172 Use Permit Applications: <br /> <br /> (a) U~e Permit UP 83-3 Application of Faith Deliverance Center, by Pastor Olive C. <br /> Brown, for a church at 608 Effingham Street, deferred from the <br /> meeting of August 23, 1983. <br /> <br />statedBishop that all James requirementsF' Brown, Jr., would 608 beEffinghammet. Street, representing Faith Deliverance Center, <br /> <br />Motion of Mr. Whitlow to deny, died for the lack of a seconded. <br /> <br />Motion of Mr. Holley and seconded by Mr. geamer~ that UP 83-3 be granted, subject to <br /> <br />conditions assuring that the church meets all code requirements and incorporating Pastor <br />Olive Brown's letter, dated Se~.tember 9, 1983, and UP 8323 was approved one-first reading, <br />and by S-1 (Nay-Whitlow) vote.- ~ee ~x~ 83~172(a)) <br /> <br /> (b) Use Permit UP 83-4 Application of Max Markman, by Pastor Clarence H. Singetary, <br /> for a church service center at 459 gffingham Street, deferred <br /> from the meeting of August 23, 1983. <br /> <br /> Motior of Mr. Gray and seconded hy Mr. Holley, that UP 83-~ be granted, subject to <br />conditions to be met and ~ncorporating Pastor Clarence H. Singletary and Max Markman, by <br />Stephen Markman~s, Agent, letter, dated September 9, 1983, and UP 83-4 was approved on first <br />reading, and by unanimous vote. (See Exhibit 83-172(b)) <br /> <br /> 83-225 ,~a)-- Use Permit UP 83-5 Application of Dr. Hugo A. Owens, by Pastor Leroy <br /> <br />Daniels, Jr., for a church at 610 Green Street, defe~r <br />from the meeting of August 23, ~983. <br /> <br /> Rev. Leroy Daniels, Jr., 2802 Portsmouth Baulevard, representing Gilead Baptist Church, <br />stated that he agreed to sign letter on the agreement with City Atto~rney. <br /> <br /> Motion of Mr. Gray and seconded by Mrs. Webb, that UP 83-5 be granted, and-concur in, the <br />conditions of the Planning Commission, subject to the conditions of the letter of Leroy <br />Daniels, Jr., Pastor, Gilead Baptist Church an~ Dr. H~go A. Owens, dated September 9, 1983 <br />and UP 83-5 was approved on first reading, and by unanimous vote. (See Exhibit 83~,,~(a)) <br /> <br /> REPORTS FROM THE CITY MANAGER <br /> <br /> ~bs-~.~ty:.'Ma~ag~ r~q~ea~d~:~h~t~t~ems ~'~33~,~B3-340, and 83-341 be deferred. <br /> <br /> Motion of Mr. Whitlow and se:onded by Mrs. Webb, that Items 83-337, 83-348 and 83-341 <br />be deferred, and was ad~pted by unanimous vo~s. ' <br /> <br /> 83-338 Letter from City Manager recommending adoption of an ordinance to amend the Code <br />of the City of Portsmouth, Virginia, by amending Sections 31---(al and 31-162(a~ pertaining <br />to Reduction of Disability Retirement Allowance. <br /> <br /> "A.recen~ly~nacted State law has superceded'two sestions of the Retirement Chapter of <br />the Portsmouth City Code. The affected provisions relate to the reduction of disability pensi~ <br />if the retiree obtains employment from another employer. Amendments are proposed that will <br />bring the City retirement Code into conformance w~th~the recen{ mandate. Explanation of the <br />proposed amendments is as follows: <br /> <br /> Under our current City Code, if a person retired on disability subsequently <br /> returns to gainful employment, the disability pension is reduced such that <br /> the pension plus work income does not exseed the average final pay (adjusted <br /> for pension increases). A new State mandate provides a reduction ~ormula <br /> that will mean smaller reductions to the pensions of working disability <br /> retirees. Disability pensions must now be reduced such that the pension plus <br /> ~ork income does not exceed the salar) the retiree would have had if he had <br /> remained employed and received both general wage increases and merit increases. <br /> The new mandate will have an estimated annual cost to the C~ty ~etirement <br /> System of $15,000 to ~20,00[ in additional pension payments to disability <br /> retirees who are employed. To provide full conformance with the State <br /> ordinanca the effective date of the amendment is proposed to be July l, 1983. <br /> <br /> The proposed retirement modifications will achieve the necessary compliance with the <br />State mandate on disability pensions. Approval of the amendments is recommended." <br /> <br /> On motion of Mr. Beamer and seconded by Mrs. Webb, the following ordinance was adopted <br />first and final readi~ and by the following vote: <br /> <br /> "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, BY AMENDING <br /> SECTIONS 31-77~a) AND 31-162(a) PERTAINING TO REDUCTION OF DISABILITY RETIREMENT <br /> ALLOWANCE." <br /> <br />Ayes: Beamer, Gray, Holley, Webb, Whitlow, Johansen <br />Nays: None <br /> <br /> <br />