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HomeMy WebLinkAboutMAY 5, 1980 MINUTESCITY OF VIRGINIA BEACH MAYOR PATRICK L. STANDING, At Large VICE MAYOR ]. HENRY McCOY JR., D.D.S., Kempsville Borough JOHN A. BAUM, Blackwater Borough F. REID ERVIN, At Large GEORGE R. FERRELL, At Large BARBARA M. HENLEY, Pungo Borough CITY COUNCIL AGENDA MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 CLARENCE A. HOLLAND, M.D., Bayside Borough DONALD W. MERRICK; Lynnhaven Borough MEYERA E. OBERNDORF, At Large ]. CURTIS PAYNE, Princess Anne Borough ROGER L. RIGGS, Virginia Beach Borough RUTH HODGES SMITH, City Clerk ITEM I ITEM II INFORMAL SESSION: A. B. C. D. MONDAY, 5 MAY 1980 - 1:00 p.m. CALL TO ORDER - MAYOR PATRICK L. STANDING ROLL CALL OF COUNCIL MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. CZO Amendments to Rear Yard Setbacks: Clarification of ordinance presented to City Council on April 28, 1980. 2. Potter's Sand Fence: Status report on removal efforts. 3. Atlantic Avenue: Parking and traffic recommendations. 4. Access Problems Attributable to the Construction of Pineoak Village A~artments through the Thalia Gardens Apartments: Discussion. FORMAL SESSION: A. INVOCATION: Bo Fo MONDAY, 5 MAY 1980 - 2:00 p.m. Reverend William O. Odum, Jr. Pastor First Assembly of God PLEDGE OF ALLEGIANCE ELECTRONIC ROLL CALL OF COUNCIL MINUTES OF PREVIOUS MEETINGS 1. Motion to accept/approve the Minutes of the Special Meeting of 30 April 1980 2. Motion to accept/approve the Minutes of 28 April 1980 RESOLUTIONS 1. Resolution opposing United States House Resolution 5200 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. It discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Letter from the City Manager requesting a one week deferral of amendments to the Comprehensive Zoning Ordinance pertaining to rear yard setbacks. CONSENT AGENDA (continued) 2. Request of the City Treasurer for tax refunds in the amount of $256.62. 3. Bingo/Raffle Permits recommended for approval: Bingo/Raffle Big Brothers/Big Sisters of Tidewater Bingo Virginia Beach Jaycees AND, a Bingo Permit recommended for denial: Bingo Chesapeake Bay Skating Club G. ORDINANCES 1. Appropriations a. Second Readings Ordinance to appropriate funds in the amount of $15,500 for street improvements to the 100 Block of 77th Street. 2. Ordinance to appropriate funds in the amount of $15,000 for a telephone system review. Ordinance to accept a grant totaling $255,653 from the Division of Justice and Crime Prevention and to appropriate these funds. Ordinance to appropriate Library Title XX funds in the amount of $12,177 to the Department of Public Libraries. b. First Readings Ordinance making appropriations for the Fiscal Year beginning July 1, 1980 and ending June 30, 1981, in the sum of Two Hundred Two Million, Eight Hundred Fifty-Two Thousand, One Hundred Twenty Dollars ($202,852, 120~ for Operations and Fifty-Seven Million, Seventy-Two Thousand, One Hundred Fifty-Eight Dollars ($57,072,158) in Interfund Transfers and regulating the payment of money out of the City Treasury. so An Ordinance to amend and reordain Section 17-11(A) (B) and (C~, Cha~ter 17 of the Code of the City of Virginia Beach relating to refuse disposal. b. An Ordinance establishing the tax levy on real estate for tax fiscal year 1981. Co An Ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1981. Go ORDINANCES (continued) 1. Appropriations b. First Readings 2. An Ordinance to appropriate $49,889 to charge-off a loan due from the Industrial Development Authority. 3. An Ordinance to transfer funds, in the amount of $72,817, within the Department of Public Utilities for sewer service in the Baxter Road, Holland Road, Independence Boulevard area. H. OLD BUSINESS 1. City's Industrial/Tourist Promotional Advertising I. NEW BUSINESS J. ADJOURNMENT NUTES L REGULAR MEETING MI VIRGINIA BEACH CITY COIJNC Virginia larch, Virginia 5 May 1980 f Virginia Beach, Standing, in the on Monday, 5 May The Regular Meeting of the Council of the City Virginia, was called to order by Mayor Patrick Conference Room, in the Administration Building 1980, at one o'clock in the afternoon. pa M. Henley, W. Merrick, toger L. Riggs, Council Members Present: John A. Baum, George R. Ferrell, Barb Vice Mayor J. Henry McCoy, Jr., Donal Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: F. Reid Ervin*, and Clarence A. Holla ITEM #15090 Incil to conduct : scheduled). Mayor standing entertained a motion to permit C, its INFORMAL SESSION. (EXECUTIVE SESSION was n~ .y Vice Mayor McCoy, IN. Upon motion by Councilwoman Oberndorf, seconded City Council voted to conduct its INFORMAL SESS'. Voting: 9-0 a M. Henley, l~. Merrick, oger L. Riggs, Council Members Voting Aye: John A. Baum, George R. Ferrell, Barb~ Vice Mayor J. Henry McCoy, Jr., Donal( Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing 5/5/8o -2- Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Clarence A. Holland *COUNCILMAN ERVIN ENTERED INFORMAL SESSION AT 1:01 p.m. MATTERS BY COUNCIL MEMBERS ITEM #15091 Councilwoman Oberndorf advised Council that Tidewater Community College and Doctor George C. Sjolund, Director of the Health Department, presented the "Key to Good Health" to the City of Virginia Beach. INFORMAL SESSION ITEM #15092 The City Manager advised Council that due to the findings of asbestos in the renovation process of the Administration Building (first floor), a stop work order has been placed on the project; however, when the reports are received from the Environmental Protection Agency, State Health Department; and, State Industrial Hygienist, the stop work order will be "lifted" and work will resume on the renovations. ITEM #15093 The City Manager advised Council of a question Councilwoman Henley asked in the Budget Briefing Friday, (May 2, 1980) concerning the hauling of stone at False Cape State Park. The City Manager advised the State worked with David M. Grochmal, Assistant to the City Manager for Governmental Relations, and received approval to store approximately seven thousand tons (7,000) of stone at the Little Island Annex. The bicycle trails should be completed by June ll, 1980. 5/5/8o -3- PARKING - AT L AN TI C AVE N IJ E ITEM #15094 The City Manager advised Council that as a compromise could not be reached between the Merchants and the Innkeepers, the City presented recommendations for Council's consideration: 1. No parking East side of Atlantic Avenue from Fifth Street to Twenty- Fifth Street from 1 April to 1 October. 2. The left-turn storage lanes at Seventeenth Street and Twenty-Second Street remain as are. 3. No parking on the West side of Atlantic Avenue from Fifth Street to Twenty-Fifth Street from Eight o'clock in the evening to Eight o'clock in the morning. 4. Removal of parking from certain Northwest corners as per the attached schedule for visibility and safety. 5. An Ordinance is being prepared for Council's con- sideration which would limit the number of vehicles per parking space to one. 6. Loading and unloading would be permitted in the restricted parking areas from Six o'clock in the morning to Twelve o'clock in the afternoon. This matter will be considered in the FORMAL SESSION, under OLD BUSINESS. COMPREHENSIVE ZONING ORDINANCE ITEM #15095 At the request of Councilman Merrick, the Planning Director clarified the Comprehensive Zoning Ordinance amendments to rear yard setbacks, by advising Council the amendment limits the reduction to ten feet (10') to accessory buildings less .than one hundred (100) square feet. POTTERS SAND FENCE ITEM #15096 The City Manager advised Council of a contract between the City of Virginia Beach and Maritime Divers Association to remove the sand fence. Work is to begin today (5 May 1980) and should be completed by 7 June 1980. The cost of the removal is approximately $20,000. s/s/co -4- PINEOAK VILLAGE APARTMENTS ITEM #15097 The City Manager advised Council the Engineer to appear before Council during the INFORMAL SESSION to discuss access problems attributable to the construction of Pineoak Village Apartments through the Thalia Garden Apartments requested this matter be DEFERRED. COMMUNITY DEVELOPMENT ITEM #15098 PROGRAM The City Manager advised Council of a report received from Margaret White, Housing and Urban Development, regarding the evaluation of the City's Community Development Program. The general concept of the report is Virginia Beach has improved significantly in its performance; however, compared to other cities of this particular size, the City has not improved as much as Mrs. White had hoped. The City Manager presented to Council a monthly report concerning the number of persons processed through the Community Development Program. -5- FORM'AL SESSION VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Two o'clock in the afternoon Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: Clarence A. Holland INVOCATION Reverend William O. Odum, Jr., Pastor, First Assembly of God. PLEDGE OF ALLEGIANCE MINUTES - S P E C I A L M E E T I N G ITEM #15099 Upon motion by Councilman Ferrell, seconded by Councilwoman Henley, City Council voted to APPROVE the Minutes of the Special Meeting of 30 April 1980. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing -6- Council Members Voting Nay: None Council Members Absent: Clarence A. Holland MINUTES REGULAR ITEM #15100 MEETING Upon motion by Councilman Payne, seconded by Vice Mayor McCoy, City Council voted to APPROVE the Minutes of the Regular Meeting of 28 April 1980. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Vi ce Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ri§§s, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: George R. Ferrell Council Members Absent: Clarence A. Holland s/s/eo -7- P U B L I C H E A R I N G - TA X ASSESSMENTS ITEM #15101 The City Clerk advised Council of the Public Hearing on Tax Assessments. The City Manager advised the Public Hearing is in conformance of State law. The City held one (1) Public Hearing Wednesday 30 April 1980 concerning the budget and budget expenditures and persons wishing to speak regarding Tax Assessments do so at the time of the Public Hearing for the budget. RESOLUTION (ITEM II-E.1) ITEM #15102 The Resolution regarding House Resoliton 5200 was DEFERRED and will be heard under OLD BUSINESS. CONSENT AGENDA (ITEM II-F.1) ITEM #15103 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to DEFER FOR ONE (1) WEEK consideration of the Amendments to the Comprehensive Zoning Ordinance pertaining to rear yard setbacks. Voting: lO-O Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing -8- Council Members Voting Nay: None Council Members Absent: Clarence A. Holland (ITEM II-F.2) ITEM #15104 Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the request of the City Treasurer for tax refunds in the amount of $256.62. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ri ggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland s/s/so -S&- ~'Y OF VIRG]INIA BEACII, VI Ti~at thc followir~-_o applic,;~ :~,..~;::~ : : _ne 'frcasurer are hereby approved- Atkinson, Frank V. Atkinson, Frank V. Michael, Mary George Michael, Mary George ," r,,~.f!~mds upon certific, ation of ! YEA~ OF TAX Nb~'~bER .~ION NC PAID 108303 111643 45888-8 1/2) 2/2) 11/18/77 11/17/78 12/1/78 6/3/79 PP PP RE RE $256.62 Tot a ling _.~.__ ~ENALTY TOTA 66.66 147.66 21.15 21~15 T-': above abatement(s)totaling _ $256,42 were approved by t,,~ Council of the City of Virgi. nia Beach on the Fifth day of May . Ruth 11. Smith, City Clcrl¢. Approved as to fozan: k_..-'/~.'' I)aJ. ct Bim.,(~, C.~.I:) s/5/8o -9- (ITEM II-F.3) ITEM #15105 Upon motion by Vice Mayor McCoy., seconded by Councilwoman Oberndorf City Council voted to APPROVE the Bingo/Raffle Permits for Big Brothers/ Big Sisters of Tidewater (Bingo/Raffle), and Virginia Beach Jaycees (Bingo); AND, voted to DENY the Bingo permit for the Chesapeake Bay Skating Club. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald ~J. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland s/s/so 5/5/80 -10- SECOND READINGS ORDINANCES (ITEM II-G.l.a.1) ITEM #15106 Upon motion by Councilman Merrick, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds, in the amount of $15,500, for street improve- ments to the One Hundred (100) Block of 77th Street. Voting: 9-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: F. Reid Ervin Council Members Absent: Clarence A. Holland -11- AN ORDINANCE TO APPROPRIATE FUNDS FOR STREET IMPROVEMENTS TO THE 100 BLOCK OF 77th STREET WHEREAS, on November 28, 1977, City Council accepted the report of the Mayor's Committee on North Virginia Beach, and WHEREAS, this report among other considerations recommended guidelines for constructing and financing street improvement to parallel streets between Cavalier Drive and 89th Street, and WHEREAS, the owners of property at 77th Street, 100 Block have agreed to pay their pro-rata share of the cost to install curb and gutter along their street and WHEREAS, the total cost for street improvements to the 100 Block of 77th Street is $22,620 to be financed as follows: (1) Property owners share - $4,920 (2) FY 1980-81 budget resurfacing schedule - $2,200 (3) Request for additional funding - $15,500 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $15,500 be appropriated from the General Fund Balance to the Department of Public Works for the construction of curb and gutter to the 100 Block of 77th Street. The above project shall not be performed until the record property owners have paid or entered into an mgmeement to pay their prorata share of the cost of these improvements. First Reading: 28 April 1980 Second Reading: 5 May 1980 This ordinance shall be effective upon date of adoption. -12- (ITEM II-G.l.a.2) ITEM #15107 Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds of $15,000 for a Telephone System Review. Voting: 7-3 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndorf Council Members Absent: Clarence A. Holland AN ORDINANCE TO APPROPRIATE FUNDS OF $15,000 FOR A TELEPHONE SYSTEM REVIEW WHEREAS, the city desires to evaluate its present telephone system in terms of equipment, service and administrative procedures, and WHEREAS, Management Improvement Corporation of America (MICA) has presented an agreement which meets the city's requirements, and WHEREAS, the terms of payment for this agreement are based on the city's judgment as to the value of the services rendered, and WHEREAS, the telephone system study requires a deposit of $15,000, and payment that equals forty percent (40?°) of the value of the services rendered up to a maximum payment of $80,000, and WHEREAS, it is understood that final payment may be less or greater than the deposit and therefore may require an additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $15,000 be appropriated from the General Fund Balance to the Executive Department as the necessary deposit for an agreement which will evaluate the city's telephone system. Be it further ordained that the City Manager is hereby authorized to enter into this agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the FJ fth day of May , 19 80 First Reading: Second Reading: 28 April 1980 5 May 1980 5/5/~o -14- (ITEM II-G.l.a.3) ITEM #15108 Upon motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to APPROVE ON SECOND READING the Ordinance to accept a Grant totaling $255,653 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice rlayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland s/s/8o Requested by; City Manager -15- AN ORDINANCE TO ACCEPT A GRANT TOTALING $255,653 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Police Department wishes to continue its better coordination of the many field activities related to crime prevention, detection, investigation, and apprehension, and WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved necessary funding to accomplish the objective stated above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be hereby authorized to accept the grant for the city, and funds hereby appropriated for the following purpose: Integrated Criminal Apprehension Program Estimated Revenue From Other Agencies Local Total Match Appropriations $213,044 $42,609 $255,653 That the appropriations be hereby financed by $213,044 estimated revenue from the DJCP, and a local cash match of $42,609 to be transferred from excess appropriations in the Police Department's fiscal year 1980 Operating Budget, and That a total of four full-time, and several part-time (when needed), personnel positions be hereby authorized for the duration of the grant, to be paid from the grant, with classes of employees to be determined by the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia on the Fi fth day of MaN , 19 80 . First Reading: 28 April 1980 Second Reading: 5 May 1980 This ordinance shall be effective from date of adoption. -16- (ITEM II-G.l.a.4) ITEM #1 5109 Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate Library-Title XX funds to the Department of Public Libraries, in the amount of $12,177. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland Requested by; City Manager -17- AN ORDINANCE TO APPROPRIATE LIBRARY- TITLE XX FUNDS TO THE DEPARTMENT OF PUBLIC LIBRARIES WHEREAS, the Department of Libraries/Special Services Division is in compliance with the requirements for Library- Title XX (National Security Act) funding for the blind and physically handicapped, and WHEREAS, unanticipated Library-Title XX revenue received to date amounts to over $13,000, and WHEREAS, the Special Services Division anticipates the following expenditures for the remainder of the fiscal year in order to maintain and enhance current services: Account Amount Telephone & Telegraph Library Supplies Stationery & Office Supplies Office Equipment & Furniture Books Periodicals $ 426 862 2,286 5,601 2,429 573 Total $12~177 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $12,177 be appropriated for equipment, supplies and books as indicated above to the Department of Libraries/Special Services Division . BE IT FURTHER ORDAINED that Estimated Revenues from the Federal Government be increased by a like amount to finance the appropriation. Adopted by the Council of the City of Virginia Beach, Virginia on the Fi fth day of May , 19 80 . First Reading: Second Reading: 28 April 1980 5 May 1980 This ordinance shall be effective from date of adoption. -18- FI RS T RE A D I N GS ORDINANCES BUDGET (ITEM II-G.b.1) ITEM #15110 Councilman Merrick requested information regarding a motion made by Council on January 27, 1975, stating that "any monies (not in the City's records) that are transmitted by this Council to any group, other than those under the control of the City Manager, that a financial statement and, if possible, an audit be prepared to show how the funds are expended." The City Manager advised Council the above is still a policy of the City. Councilman Merrick made a motion, seconded by Councilwoman Oberndorf, to restrict travel expenses to $40.00 per month instead of the budgeted $100.00 per month. Vice Mayor McCoy offered a SUBSTITUTE MOTION, seconded by Mayor Standing, to delete from the budget the $100.00 per month travel expenses for Council Members; and, to exercise the 18½-cent per mile policy for City Employees as adopted by the City and State. Voting: 9-1 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: John A. Baum 5/5/8o -19- Council Members Absent: Clarence A. Holland The above SUBSTITUTE MOTION to delete from the budget the $100.00 per month travel expenses for Council Members; and, to exercise the 18~-cent per mile policy for City Employees, as adopted by the City and State, was ADOPTED. Councilman Merrick made a motion, seconded by Councilman Ervin, that the Service Increases, in the amount of $5,006,000 be DEFERRED temporarily until "we can more adequately assure ourselves that the sources of revenue will maintain themselves and we can increase the services to that amount." Voting: 2-8 Council Members Voting Aye: (for the motion) F. Reid Ervin, and Donald W. Merrick Council Members Voting Nay: John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ri§gs, and Mayor Patrick L. Standing Council Members Absent: Clarence A. Holland The above motion that Service Increase, in the amount of $5,006,000, be deferred temporarily until "we can more adequately assure ourselves that the sources of revenue will maintain themselves and we can increase the services to that amount", was LOST. -20- ITEM #15110(a) Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON FIRST READING the Ordinance making appro- priations for the Fiscal Year beginning July 1, 1980 and ending June 30, 1981, in the sum of Two Hundred Two Million, Eight Hundred Fifty-Two Thousand, One Hundred Twenty Dollars ($202,852,120) for Operations and Fifty-Seven Million, Seventy-Two Thousand One Hundred Fifty-Eight Dollars ($57,027,158) in Interfund Transfers and regulating the payment of money out of the City Treasury; with the following conditions: Delete from the budget the $100.00 per month travel expenses for Council Members; and, to exercise the 18½-cent per mile policy for City Employees, as adopted by the City and State. Monthly reports on revenues to determine if revenues are coming into the City. Voting: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: Clarence A. Holland s/s/8o -2] - City of Virginia March 27, 1980 Beach The Honorable Mayor Members of the Council Dear Council Members: In accordance with Chapter 5 ~of the Charter of the City of Virginia Beach, I hereby transmit the Operating Budget for the fiscal year July 1, 1980 to June 30, 1981. BUDGET IN BRIEF Revenue Summary From the Commonwealth Other Local Sources (Fines, Licenses, Sale of Properties, etc.) General Property Taxes Other Local Taxes From Federal Government From Unappropriated Surplus (1979-80) School Operations General Operations Utility Operations General Debt Costs Utility Debt Costs School Debt Costs $ 63,049,492 31.08% 48,589,517 23.96 47,248,017 23.29 29,320,731 14.45 7,427,126 3.66 7,217,237 3.56 $202,852,120 100.00% Appropriation Summary $ 85,844,041 42.32% 85,179,500 41.99 11,902,219 5.87 7,266,155 3.58 6,710,265 3.31 5,949,940 2.93 $202,852,120 100.00% 5/5/80 -22- Virginia Beach enters the decade of the 1980's in sound financial condition. This budget will demonstrate once again our financial viability, focus upon our continuing efforts to contain municipal costs, and present the wide range of city services being provided in response to the needs of Virginia Beach residents. TAX RATES - I am recommending a real estate tax rate reduction of 7¢. To the average homeowner, this reduction in the rate will mean a net tax reduction of 9.5%. The average increase in assessments is 9.3%; consequently, if City Council adopts the recommended reduction, approximately 60% of our taxpayers will recognize no increase or a reduction in real estate taxes paid. Again, to emphasize to City Council the effect of this change, the average home in Virginia Beach in 1975 was appraised at $42,052 and taxed at 90¢ per $100 of assessed value, or $378.47. If Council adopts this recommendation, the same home would be levied a total tax of $382.90 yet appraised at $57,149. This reprcsents an increase of only 1% in taxes levied in spite of a 36% increase in appraised value! City Council has been able to reduce the real estate tax rate each year for the past five years. I am able to recommend this latest reduction not only because of our excellent financial condition, but also because of the tremendous cooper- ation I have received from the Superintendent of Schools and his superb ability to maintain one of the lowest per pupil costs in the State while still adhering to the highest educational standards. On the following page is a listing of all Virginia cities and their populations and real estate tax rates. You will note that Virginia Beach has the lowest rate of any major city in Virginia. I know of no other city in the Nation able to accomplish a tax rate cut during such times as these. The citizens should credit the City Council with making this possible. FACTORS ALLOWING REAL ESTATE TAX RATE REDUCTION TOURISM - This continues to be a tremendous asset to our economy. We anticipate that this year we shall receive approxi- mately $15,500,000 in direct taxes from this source. VOLUNTEERS - We are continuing and expanding our volunteer program and now have over 5,000 people working as volunteers in activities ranging from fire fighting to senior citizen programs. Their efforts are saving us from $10-12 million which otherwise would have to be budgeted. 5/5/80 -23- REAL ESTATE TAX SURVEY: VIRGINIA CITIES 1979-80 True Tax Rate/S100 City Rate* Virginia Beach: Virginia Beach Borough .73 (present) .66 (proposed) Ail Other Boroughs .74 (present) .67 (proposed) Estimated Population** 256,300 Harrisonburg .65 Bedford .66 Williamsburg .72 Emporia .74 Lexington .75 Poquoson .77 Galax .82 Norton .85 Waynesboro .90 Chesapeake .93 Staunton .95 Martinsville .99 Buene Vista 1.00 Danville 1.00 Winchester 1.00 Franklin 1.05 South Boston 1.05 Hopewell 1.10 Radford 1.10 Bristol 1.14 Suffolk 1.14 Charlottesville 1.16 Falls Church 1.19 Lynchburg City 1.24 Colonial Heights 1.25 Fredericksburg 1.28 Portsmouth 1.28 Manassas 1.30 Norfolk 1.30 Salem 1.30 Newport News 1.34 Alexandria 1.44 Roanoke 1.50 Fairfax 1.51 Hampton 1.56 Petersburg 1.65 Covington 1.66 Richmond 1.66 Clifton Forge 1.72 Manassas Park 2.40 20,600 7 400 12100 5.900 7 000 8 300 6 700 4 300 16,700 117,500 22,000 18,000 6,600 45,600 23,100 7,900 7.000 23.000 11 600 21~500 50 000 41 800 9 400 7O 000 19,200 19,600 105,500 12,300 270,300 23,700 138,100 104,200 107,400 20,500 137,700 43,500 9,200 208,400 5,200 11,600 *Source: Ranson, Bruce Tax Rates in Virginia Cities and Selected Counties, 1979. Virginia Municipal League and Institute of Government. **Source: Population Projection Virginia Counties and Cities, 1980-2000. Department of Planning and Budget, Commonwealth of Virginia. 5/5/8o -24- NEW CONSTRUCTION - New growth amounted to 4.36%. In spite of inflation and escalating borrowing rates, revenues derived from new construction continue to benefit our economy on a short term basis. I am concerned, however, that at the present time this new growth has all but stopped; but discussions with members of the building industry and home lending institutions indicate that we could have a complete turnaround by spring of 1981 which could possibly affect future revenues. The growth in commercial construction, such as shopping centers and office parks, continues to be very encouraging and has provided a very beneficial impact on local revenue sources. It is obvious that Virginia Beach with its sound economy is an extremely attractive location to the business community. ZERO-BASED BUDGETING - Since its initiation, this method of budgeting has enabled us to prepare a realistic budget that funds only justified costs and programs. We have been able to keep to the minimum required to maintain an acceptable level of service. STATE ASSISTANCE - The 1980 General Assembly passed the State Budget with full funding of House Bill 599 which, in effect, is State Revenue Sharing. This will result in $3.6 million for Virginia Beach either through reduction of local expenditures or additional state revenue. SALE OF PROPERTY - Rose Hall Properties continue to be a success story and I have included $1.8 million from sale of land in this project, which will complete our venture into the entrepreneural world in order to preserve the historic shrine of the Francis Land House. Fortunately, we have been able to end each year with a sizeable reserve. Also, each year I have stated that next year we may not be as fortunate. Our proposed reserve is estimated at $4.8 million, or 2.4% of the budget, the smallest percentage of reserve we have ever had. The state of the National economy leaves much to be desired. Federal impact funds are under the greatest attack for cuts ever levied at this very questionable source of revenue. Over $7,000,000 has been budgeted for this item. I have given this warning many times before, but I feel that 1980-81 could definitely be a most difficult year, not because of our local financial condition, but the Nation's. Again, as in previous years, I caution the Council, in the best interest of sound financial management, not to be tempted to reduce the working fund balance in order to reduce the real estate tax rate more than recommended. In the preparation of this budget, I have made certain 5/5/80 -25- basic assumptions. Should Council not concur with them, the recommended budget should be adjusted accordingly. ASSUMPTIONS 1. Reduction of the real estate tax rate by 7¢. Continuation of the existing tax rates in all other categories. 3. No significant decline in the present economy. The use of $7.2 million in unappropriated funds for 1980-81. 5. Continuation of receipt of school impact funds. Rate of collection of revenues will be as anticipated. Agreement with the City of Norfolk on a refuse disposal contract. 8. Increasing water and sewer rates. Assumptions 7 and 8 deserve special note. For some time, I have been negotiating with Norfolk City Manager, Julian Hirst, concerning the use of Virginia Beach's landfill as a disposal site for the City of Norfolk. This budget includes the estimated revenue and expenses to provide the citizens of Norfolk this service. In order to ensure control and prevent outside firms from "smuggling" refuse into our landfill, all commercial haulers will be charged the same fee and the only haulers allowed to use our landfill will be from Norfolk and Virginia Beach. Therefore, included in the budget ordinances is an ordinance to establish the rate of commercial haulers of refuse at $6.00 per ton. All cities in Tidewater except Virginia Beach now charge commercial haulers, and I believe for our own protection we should charge also. In February, 1979, the consulting firm of Buck, Siefert and Jost presented the results of a water rate study. This report stated that a rate increase would be necessary during 1980. I now find that, in order to continue the exis- ting level of utility service, rate increases for water and sewer service will be necessary. Such increases are needed to help meet the increased cost of utility operations and to assure potential revenue bond buyers that they will receive their anticipated return and that the utility fund will remain self-sustaining. The 2.8% increase in the utility budget is 5/5/80 -26- obviously minimal, and any further reduction will have a severely adverse effect on service. Even after the severe cuts I made in the Utilities Director's requests, in order to cover all expenses, it was necessary to increase water and sewer revenues in antici- pation of a rate increase, or recommend appropriations from the General Fund. In the past, City Council has preferred that the Utilities Fund be self-sustaining with no support from general tax dollars; therefore, the rate increase will be necessary if City Council wishes to follow this financially prudent practice. The exact rate increase can only be determined after a full engineering study which should be completed in the near future. RECOMMENDED APPROPRIATIONS Taking into consideration the economic feelings of the City Council and the taxpayers, and after considerable review, the Superintendent of Schools and I cut the departmental requests by $13 million ($9 million city - $4 million schools). We, therefore, feel that this proposed budget has been reduced to the barest minimum required to maintain an acceptable level of service to our citizens. Not only were major cuts in requests made and kept to modest increases, but also, in an effort to emphasize the stringent methods I took to present a balanced budget providing for tax decreases and employee pay raises, I eliminated practically all out of town travel for all departments, including Judicial, Legislative and Constitutional Officers. The Superintendent of Schools has also reduced his budget accordingly. I have, however, recommended increasing the mileage for Council from $40 to $100 per month, and for employees and members of Boards and Commissions from 15¢ to 18%¢ per mile. This same action was taken in the General Assembly, and I feel it is justified to reimburse employees for conducting city business in their own vehicles. Also, as a point of clarification, this year localities throughout Virginia will pay social security, retirement, and group insurance employer costs for school teachers. We will be reimbursed 100% by the State, however, for such procedures. This action does not increase net local expendi- tures, but it does inflate our budget by $6.2 million more than I would normally have budgeted for Schools. It also is the reason why the education budget shows an increase of 20.76% instead of 12.1%. POLICE - 20 additional police officers and related equip- ment, plus 2 precinct clerks to relieve police officers for other duties, are primarily responsible for the large increase. 5/5/80 -27- As Council is aware, this increase is necessary to provide protection to a growing population, and to meet seasonal demands in shifts of personnel, as well as to respond to the tremendous increase in requests for radar units in residential neighbor- hoods. FIRE - 30 new firefighters plus related equipment came as a result of discussions I have had with both the Fire Chief and his staff. All indicated that their top priority was man- power. Granting this increase will staff our department with sufficient full-time firefighters to adequately respond to any fire situation. EDUCATION - As in previous years, education continues to be the largest single expenditure in the budget. School Operations total $85.8 million with School Debt Costs of $5.9 million. The overall increase of 20.76% represents a 14.4% increase in local funds. PUBLIC WORKS - The main increase in this section is not in manpower (only 12 new positions have been added, 4 of which are needed for the Norfolk disposal contract) but primarily reflects salary increases, inflation's effect on materials and supplies, and replacement of worn out equipment. Also included is approximately $260,000 for stoplights to attempt to satisfy the countless justified requests for signalization. Finally, in an effort to improve the condition of roads after utility cuts, $530,000 has been recommended for road improve- ments. ECONOMIC DEVELOPMENT - I have indicated previously in this message that growth in housing construction has been a short term benefit of 5% to 7% each year in additional local revenue. What will fill the void if a slow-down or halt in construction occurs as projected? The timing of the opening of the Arts and Conference Center (Pavilion) could not have been more appropriate. I have consistently recommended a diversified tax base in order to attempt to keep real estate taxes low. Without such an expansion and diversification, and with limits imposed by the General Assembly on most other sources of local revenue, the real estate tax will continue to be the source to which we must turn. I believe the additional tax generated by the thousands of delegates attending conventions at Pavilion will help to keep Virginia Beach's real estate tax rate low. Already we have booked conventions bringing 121,650 delegates to Virginia Beach in fiscal 1980-81. It is estimated that the average delegate spends $100 a day and stays an average of 3 days. A total of $36.5 million generated during the 5/5/80 -28- "off season" when hotel rooms have traditionally been empty. This makes a very impressive record, indeed, for the first year of operation of Pavilion, since the largest convention year in the past was 52,000 delegates. The majority of the staffing (68 employees in Pavilion) will be necessary part-time service employees such as ushers, ticket takers, custodial workers and parking and first aid attendants. PAY INCREASE The majority of the remainder of the increase in the general government budget (approximately $6 million) is devoted toward projected across-the-board increases and the first full year payment of the dental plan benefits and pay raises approved by Council last year. Because of the continuing damage that inflation is inflicting upon the purchasing power of employees, I am recommending a two-step across-the-board pay raise effective July 1, 1980. This is the first time I have suggested that an across-the-board be granted on July 1. In most cases, I have waited until October or later. However, I believe we should attempt to offset the eroding financial conditions of our employees as soon as financially possible. In addition, this budget includes funds that, effective September 1, 1980, the City's revised pay and classification plan will have a "true" 5% amount between each pay step. Currently, this differential varies between 2.7% and 5.5%. From 1974 projected through July, 1980, the Consumer Price Index is anticipated to increase on the most conservative estimate 74.3%. For this same time period, if City Council grants the proposed pay increases, employees will have received pay increases and benefits amounting to 70%. Since 70% of employees become eligible next year for a one-step merit increase, the vast majority of municipal employees will increase their purchasing power substantially. According to the "Kiplinger Washington Letter" the Consumer Price Index for 1980 is expected to average at least 10%. President Carter is predicting 11%. The Tayloe Murphy Institute (University of Virginia) indicates that consumer price levels for this area averaged a 12% increase in 1979. The major components of the CPI are food, housing (including fuels and utilities) apparel, transportation, health and recreation. It appears then that the recommended salary increase is in line with current economic trends and in keeping with my efforts to help employees' salaries keep pace with the rising cost of living. 5/5/80 -29- Our City's employees are the finest group of employees in the country. I am acutely aware of the dedication and genuine concern they have to do the best possible job regardless of the duty, and I am justifiably proud of their service. I strongly recommend this increase. SUMMARY Due to the zero-based budget process, literally hundreds of municipal employees were involved in the preparation of this budget. Their work is seen in departmental statements, work objectives and new and/or revised program requests. Special thanks is due to my Assistant for Finance and Research, Mr. Giles G. Dodd, and his staff for an outstanding performance during the entire budget process. I am pleased to present to you this budget. It represents a realistic assessment of the municipal corporation and its needs; it presents our program of municipal services for the 1980-81 fiscal year, and it details the costs for each of these services. I recommend this budget for your adoption. PUBLIC HEARING I also recommend that Council authorize me to advertise a public hearing on the budget for Wednesday, April 30, 1980, at 2:00 p.m. It is anticipated that several Council workshops will be scheduled. First reading of the budget should occur on Monday, May 5, 1980, followed by a second reading on Monday, May 12, 1980. A digest of the budget will be distributed in the April 26/27 issue of the Virginia Beach BEACON, and full copies of the budget will be available for public study at all branches of the public library system. GLH:ew 5/5/80 -30- ~HERE IT COMES FROM... 3.94% 4.83% 5.04% 3.56% 23.29% 10.15% Licenses, Permits, and ~erviees Charges General Property Taxes From the (Iota monwealth and Federal (;overnment Other Local Taxes 4.45% 34.74% 5/5/so -31 - ~HERE IT GOES... 8.90% 4.15% 4.78 2.97% 5.71% 9.82% Debt Service Fire Recreation, and Libraries 42.52% All Other Education and Police and Judicial S Utilities and Public Worko 8.55% 14.80'/, 515/8o -32- AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1980 AND ENDING JUNE 30, 1981, IN THE SUM OF TWO HUNDRED TWO MILLION, EIGHT HUNDRED FIFTY-TWO THOUSAND, ONE HUNDRED TWENTY DOLLARS ($202,852,120) FOR OPERATIONS AND FIFTY-SEVEN MILLION, SEVENTY-TWO THOUSAND, ONE HUNDRED FIFTY-EIGHT DOLLARS ($57,072,158) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1980, and ending June 30, 1981, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating TWO HUNDRED FIFTY-NINE MILLION, NINE HUNDRED TWENTY-FOUR THOUSAND, TWO HUNDRED SEVENTY-EIGHT DOLLARS ($259,924,278) consisting of FIFTY-SEVEN MILLION, SEVENTY-TWO THOUSAND, ONE HUNDRED FIFTY-EIGHT DOLLARS ($57,072,158) in interfund transfers and TWO HUNDRED TWO MILLION, EIGHT HUNDRED FIFTY-TWO THOUSAND, ONE HUNDRED TWENTY DOLLARS ($202,852,120) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1980-81, submitted by the City Manager on the date of March 31, 1980 are hereby appropriated, sub- ject to the conditions hereafter set forth, for the year 1980-81, for the use of the several departments and specially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1980 and ending June 30, 1981 as follows: S-66 -33- Budget 1980-1981 Item of Expenditures GENERAL FUND: Legislative Department: Municipal Council City Clerk Total Executive Department: City Manager Public Information Office Grants Unit Office of Emergency Services Office of Emergency Medical Services Total Law Department: City Attorney Finance Department: Commissioner of the Revenue Board of Equalization City Real Estate Assessor Treasurer Director of Finance: Administration Research Budget Accounting Payroll Business License Independent Auditing Purchasing Total Personnel Department: Administration Employee Relations Testing and Selection Wage and Salary Total Judicial Department: Circuit Court General District Court Juvenile and Domestic Relations Court Commonwealth's Attorney Commonwealth's Attorney - Social High Constable Clerk of the Circuit Court Magistrates Sheriff's Office Services Fraud S-67 $ 767,034 127,300 $ 894,334 $ 217,874 222,764 82,755 158,900 308,216 $ 990,509 $ 504,860 $ 887,378 14,130 636,068 1,041,613 145,559 108,283 138,418 481,433 96,108 157,061 50,000 169,812 $ 3,925,863 $ 71,958 147,105 104,082 126,791 $ 449,936 $ 100,856 13,374 12,659 568,538 42,625 218,650 188,841 5,890 234,952 s/5/~o Item of Expenditures Judicial Department: (concluded) Correctional Operations: Court Support Services Treatment Custodial Juvenile Probation: Management and Support Intake Unit Diversion Unit Field Units Total Health Department: Preventive Medicine City Physician Total Social Services Department: Director of Social Public Assistance Hospitalization Services Total Department of Police: Administration: Chief's Staff Personnel and Training Services Division: Police Records Warrants, Inventory and Evidence Police Identification Uniform Division: Auxiliary Police Patrol and Adminstrative Support SPOT Communications Division Investigative Division Animal Control Medical Examiner Total PUBLIC WORKS DEPARTMENT: Administration: Director's Staff Real Estate Office Business Office Highway Division: Administration Inspections Street Construction Street Maintenance Unit -34- S-68 Budget 1980-1981 $ 170,249 437,778 1,219,566 269,642 194,241 117,866 339,667 $ 4,135,394 $ 652,709 161,105 $ 813,814 $ 3,637,720 1,498,900 265,000 $ 5,401,620 $ 388,097 179,696 397,740 265,287 299,393 34,078 5,309,831 1,592,240 1,419,827 2,374,149 481,862 4,500 $ 12,746,700 $ 169,052 211,285 110,326 198,802 198,428 882,458 3,501,382 5151~o -35- Item of Expenditure Department of Public Works: (concluded) Highway Division: (concluded) Drainage Maintenance Bridge Maintenance Engineering Division: Administration Surveying and Mapping Drafting Waterfront Operations/Inspections Special Projects Building Construction Inspections Traffic Engineering Division: Design and Administration Traffic Operations Solid Waste Division: Solid Waste Administration Refuse Disposal Refuse Collection Sanitation Inspections Back Bay Salt Water Project Erosion Commission Total Parks and Recreation: Director of Parks and Recreation Parks and Maintenance: Administration Construction and Maintenance Parks and Beaches Shuttle Bus Recreation: Virginia Beach Recreation Center (Kempsville) Bow Creek Recreation Center Administration Adult Activities Youth Activities Athletics Total Library Department: Administration Branch Libraries: Great Neck Branch Library Bayside Branch Library Oceanfront Branch Library Kempsville Branch Library Windsor Woods Branch Library Reference Services Extension Services Special Services Technical Services Total S-69 Budget 1980-1981 $ 942,887 410,063 352,773 705,744 186,444 100,282 82,133 97,099 305,543 825,165 1,252,746 118,817 741,175 5,296,016 145,153 58,383 1,210,612 $ 18,102,768 $ 200,935 178,446 1,489,122 825,893 195,740 611,135 186,413 184,168 378,081 495,794 295,659 $ 5,041,386 $ 252,173 164,122 184,339 164,604 176,907 193,079 323,741 120,241 89,178 239,496 $ 1,907,880 s/s/so -36- Item of Expenditure Planning Department: Management and Support: Administration Informational Management and Statistical Support Drafting Comprehensive Planning Operations Total Department of Agriculture: Administration VPI Extension Environmental Services Total Department of Economic Development: Administration Civic Center Tourist Development Industrial Development Convention Development Pavilion Total Department of General Services: Administration: Director of General Services Employee Safety Building Maintenance: Management and Support Electrical Heat and Air Conditioning General Maintenance Custodial Landscape Division: Superintendent of Landscape Services Grounds Maintenance Beautification Mail Distribution Total Boards and Commissions: General Registrar Zoning Board of Appeals Arts and Humanities Commission Mass Transit Operations Wetlands Board of Virginia Beach Mosquito Control Commission - Kempsville/Bayside Budget 1980-1981 208,904 86,523 80,210 140,152 135,401 $ 651,190 86,967 137,170 47,583 $ 271,720 209,156 50,573 1,058,271 342,627 167,648 729,972 $ 2,558,247 $ 98,981 73,991 1,121,754 246,844 408,882 1,083,979 1,251,714 357,005 895,634 957,126 98,509 $ 6,594,419 218,729 11,350 62,000 390,750 4,550 397,890 S-70 5/5/8o -37- Item of Expenditure Boards and Commissions: Mosquito Control Commission - Princess Anne Mosquito Control Commission - Lynnhaven Total Insurance: Employee Training and Special Benefits Fire Department: Administration Fire Prevention Fire Suppression Training Forestry Total Department of Data Processing: Director's Office Operations: Technical Support Computer Operations Data Entry Quality Control Central Files Systems and Programming Total Department of Permits and Inspections: Administration Consumer Protection Housing Code Enforcement Building Inspections Zoning Code Enforcement Total Department of Mental Health: Board Administration Comprehensive Mental Health: Program Clinical Support Consultation and Education Outpatient Services Adult Day Treatment Emergency Services Children's Services Mental Retardation/Developmental Disability: Administration Residential Services Adult Activity Center Transportation Program Respite Care Program Budget 1980-1981 $ 299,674 387,300 $ 1,772,243 $ 239,530 $ 226,358 580,404 5,000,431 212,063 6,850 $ 6,026,106 $ 147,887 332,062 1,093,106 150,318 76,627 184,598 717,366 $ 2,701,964 $ 235,513 149,110 115,833 492,647 131,461 $ 1,124,564 $ 123,915 240,644 140,653 173,326 206,738 179,699 155,119 102,434 69,038 162,552 61,760 33,652 S-71 5/5/8o -38- Item of Expenditure Department of Mental Health: (concluded) Comprehensive Substance Abuse: Other Drug Services Alcohol Services Alcohol Safety Action Program Total Transfer to Other Funds: Reserve for Contingencies: Regular Salary Adjustments TOTAL GENERAL FUND WATER AND SEWER FUND: Department of Public Utilities: Director's Office Engineering Water Production/Resources Operations Administration Water Distribution Water Pump Stations Sewer Collection Sewer Pump Stations Customer Services Total Revenue Bond Debt Service: Transfer to Other Funds: Reserve for Contingencies: Regular Salary Adjustments TOTAL WATER AND SEWER FUND SCHOOL OPERATING FUND: Department of Education: Administration Research, Planning and Development Instruction Other Instructional Costs Attendance and Health Pupil Transportation Operation of School Plant Maintenance of School Plant Fixed Charges Summer School S-72 Budget 1980-1981 390,648 74,712 83,140 $ 2,198,030 $ 53,754,287 $ 431,500 4,200,000 $ 137,438,864 133,427 1,079,220 4,214,637 319,917 1,483,446 302,988 1,043,418 1,352,809 1,772,357 $ 11,702,219 $ 4,135,662 $ 3,265,721 $ 150,000 192,000 $ 19,445,602 969,107 127,289 49,417,883 7,064,086 992,274 3,731,337 5,504,888 3,036,384 13,782,841 402,305 5/5/8o Item of Expenditure SCHOOL OPERATING FUND: (concluded) Department of Education: (concluded) General Adult Education Basic Adult Education Vocational Adult Education Capital Outlay TOTAL EDUCATION LAW LIBRARY FUND: Law Library -39- Budget 1980-1981 $ 145,159 197,320 191,406 281,762 $ 85,844,041 $ 23,967 GRANTS CONSOLIDATED FUND: Judicial Department: Pendleton Child Service Center Department of Mental Health: Mental Retardation/Developmental Disability-Community Trust TOTAL GRANTS CONSOLIDATED FUND $ 438,408 18,890 $ 457,298 BOARDWALK TRAINS ENTERPRISE FUND: Boardwalk Trains Reserve for Contingencies TOTAL BOARDWALK TRAINS ENTERPRISE FUND $ 45,073 5,000 $ 50,073 GOLF COURSES ENTERPRISE FUND: Red Wing Golf Course Bow Creek Golf Course Reserve for Contingencies TOTAL GOLF COURSES ENTERPRISE FUND $ 293,711 201,456 7,500 $ 502,667 OWL CREEK TENNIS CENTER ENTERPRISE FUND: Owl Creek Municipal Tennis Center Reserve for Contingencies TOTAL OWL CREEK TENNIS CENTER ENTERPRISE FUND $ 17,177 3,000 $ 20,177 FARMERS' PRODUCE MARKET ENTERPRISE FUND: Farmers' Produce Market Reserve for Contingencies TOTAL FARMERS' MARKET ENTERPRISE FUND $ 95,741 3,000 $ 98,741 S-73 Item of Expenditure VIRGINIA BEACH SPECIAL REVENUE FUND: Transfer to Other Funds -40- Budget 1980-1981 $ 52,150 $ 341,818 SIX BOROUGH SCHOOL DEBT FUND: Debt Service BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND: Debt Service $ 9,824 $ 15,386,906 $ 52,150 $ 200,000 GENERAL DEBT FUND: Debt Service VIRGINIA BEACH BOROUGH GENERAL DEBT FUND: Debt Service WATER AND SEWER CAPITAL PROJECTS FUND: Transmission and Distribution TOTAL BUDGET Less: Interfund Transfers NET BUDGET $ 259,924,278 57,072,158 $ 202,852,120 S-74 -41 - Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of positions, shall be the maximum number of positions authorized for the various departments of the City during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the City. Section 3. Ail collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. Ail collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. Ail tax abatements and tax supplements dated subsequent to June 1, 1981 for the FY 1981 tax year shall accrue to the General Fund of the City. Section 6. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business on the thirtieth (30th) day of June, 1981, except, as otherwise provided for, are hereby S-75 -42- declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and shall be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1981. Section 7. No department or agency receiving appropriations under the provisions of this Ordinance shall exceed the amount of its or his appro- priations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each department or agency included in this Ordinance. The City Manager is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and further, he is authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as herein provided. The City Manager may limit expenditures to the classes of appro- priations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are different from the classes shown in the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for across-the-board salary increases approved by City Council. Section 8. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. S-76 5/5/8o -43- Section 9. Allowances out of any of the appropriations made in this Ordinance by any or all of the City departments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed eighteen and one-half cents (18-1/2¢) per mile of actual travel for the first 15,000 miles and ten cents (10¢) per mile for additional miles of such use within the fiscal year. Section 10. Ail traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, except in the case of employees of the School Board. Section 11. That this Ordinance shall be in effect from and after the date of its adoption. Section 12. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. First Reading: SecOnd Reading: 5 MaS 1980 S-77 s/s/8o -44- FI R S T READING - ORDINANCE REFUSE F I S P 0 S A L (ITEM II-G.b.l.a) ITEM #15111 Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE ON FIRST READING the Ordinance to amend and reordain Section 17-II(A), (B) and (C), Chapter 17 of the Code of the City of Virginia Beach relating to refuse disposal. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 5/5/8o -45- Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 17-II(A), (B) AND (C), CHAPTER 17 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REFUSE DISPOSAL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 17, Section 17-11 (A), (B) and (C) are hereby amended and reordained as follows: Section 17-11. Disposal of Sanitary Solid Waste, etc., at City Disposal Areas. (A) Refuse Collected in the City. There shall be a fee of $6.00 per ton, or a $2.00 minimum charge for less than one tons or any part thereof~ for all sanitary solid wastes refuse, debris, or garbage generated solely within the City of Vir§inia Beach, Virginia, deposited at the City refuse disposal areas, subject to the following exception: Residents of Virginia Beach, Virginia, depositing sanitary solid waste~ refuse, debris, or garbage, generated solely from their household may deposit sanitary solid waste, refuse, debris or garbage, free of charge. (B) Private Firms Depositing Refuse Private sanitary solid waste, refuse, debris or garbage firms may deposit solid waste, refuse, debris, or garbage collected within the City of Virginia Beach, Virginia, at the refuse disposal areas, ~ee-e#-~a~§e, subject to the provisions of paragraph (A), provided: -46- 1. The proper City of Virginia Beach business license has been purchased and is current. 2. The vehicles transporting the sanitary solid waste, refuse, debris, or garbage have a current City of Virginia Beach City license decal displayed. 3. A refuse disposal permit has been issued by the Director of Public Works or his designated agent. Such permit shall be issued only upon the certification and affidavit by the applicant that all sanitary solid waste, refuse, debris, or garbage will be generated and collected within the City of Virginia Beach. The fee for such permit shall be $25.00 per vehicle, per year or any part thereof. Such permit shall expire December 31 .of each year. Such permit decal shall be displayed on each vehicle listed in the permit, as indicated on such decal. (C) Special Fee There shall be a fee of ~26 $.75 per tire for cutting and disposing of tires. This Ordinance shall be effective on and after JULY l, 1980. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1980 FIRST READING: SECOND READING: 5 MaX 1980 5/5/8o -47- FI R S T READING - REAL ESTATE ORDINANCE TAX (ITEM II-G.b.l.b) ITEM #1 511~ ~ Mr. and Mrs. John S. Melvin, residents of Carolanne Farms, appeared before City Council regarding the Ordinance establishing the tax levy on real estate for tax fiscal year 1981. Upon motion by Councilman Ferrell, seconded by Councilwoman Henley, City Council voted to APPROVE ON FIRST READING the Ordinance establishing the tax levy on real estate for tax fiscal year 1981. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 5/s/8o -48- AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1981 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1981 taxes for general purposes on all real estate, not exempt from taxation and not other- wise provided for in this Ordinance, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1981 Bayside $ .66 $ .01 $ .67 Blackwater .66 .01 .67 Kempsville .66 .01 .67 Lynnhaven .66 .01 .67 Princess Anne .66 .01 .67 Pungo .66 .01 .67 Virginia Beach .66 - .66 The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58-512.1 of the Code of Virginia, as amended. S-78 s/s/so -49- Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED. There shall be levied and collected for general purposes for fiscal year 1981 taxes on all Public Service Real Property, which has not been equalized as provided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be determined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1981 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1981 Bayside $ .66 $ .01 $ .67 Blackwater .66 .01 .67 Kempsville .66 .01 .67 Lynnhaven .66 .01 .67 Princess Anne .66 .01 .67 Pungo .66 .01 .67 Virginia Beach .66 - .66 The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. S-79 -50- Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. FIRST READING: SECOND READING: 5 Ma~v 1 980 S-80 -51 - FI RS T R E A D I N G ORDINANCE PERSONAL PROPERTY AND MACHINERY AND TOOLS (ITEM II-G.b.l.c) ITEM #15113 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council voted to APPROVE ON FIRST READING the Ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1981. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland s/s/8o -52- AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1981. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1981 calendar year taxes on all tangible personal property, not exempt from taxa- tion and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on each one hunded dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 45% of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calen- dar year 1981 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, on each one hundred dollars ($100) of assessed valuation thereof, based on the following tax rates: S-81 s/s/8o -53- Borough Total Rate 1981 Bayside $ .67 Blackwater .67 Kempsville .67 Ly nnh av en .67 Princess Anne .67 Pungo .67 Virginia Beach .66 The personal property rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such personal property. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURE. There shall be levied and collected for the calendar year 1981 for general purposes taxes on all boats or watercraft under five tons burthen used for business or pleasure, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be on the basis of forty-five percentum of the fair market value of such personal property. S-82 -54- Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1981 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this sec- tion shall be applied on the basis of 45% of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1981 calendar year, taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 45% of the fair market value of such personal property. Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1981 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of 45% of the fair market value of such machinery and tools. S-83 -55- Section 7. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1981. FIRST READING: SECOND READING: 5 MaS 1980 S-84 -56- FI RS T RE A D I N G ORDINANCE INDUSTRIAL DEVELOPMENT AUTHORITY (ITEM II-G.l.b.2) ITEM #15114 Upon motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate $49,889 to charge-off a loan due from the Industrial Development Authority. Voting: 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Clarence A. Holland 5/5/80 -57- ORDINANCE TO APPROPRIATE $49,889 TO CHARGE-OFF A LOAN DUE FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the Industrial Development Authority has an outstanding liability of $49,889 to the City of Virginia Beach in connection with the Lynnhaven Industrial Park; and, WHEREAS, the Authority provided water and sewer lines from Virginia Beach Boulevard to Lynnhaven Industrial Park in order to provide water and sewer to developers in the Park; and, WHEREAS, the City tapped into these lines in order to provide water and sewer service to others in the area and no credit for payment of the lines was given to the Authority; and, WHEREAS, the Authority has requested that the outstanding debt of $49,889 be charged-off as equitable payment for the water and sewer lines provided by the Authortiy. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $49,889 be appropriated from the General Fund Balance to charge-off the loan of the Industrial Development Authority for the Lynnhaven Industrial Park. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1980. FIRST READING: SECOND READING: 5 May 1980 5/5/8o -58- TRANSFER - ORDINANCE P U B E I C U T I L I T I E S (ITEM II-G.l.b.3) ITEM #15115 Upon motion by Vice Mayor McCoy, seconded by Mayor Standing, City Council voted to APPROVE the Ordinance to TRANSFER funds, in the amount of $72,817, within the Department of Public Utilities for sewer service in the Baxter Road, Holland Road and Independence Boulevard areas. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ri§gs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 5/5/8o -59- AN ORDINANCE TO TRANSFER FUNDS WITHIN THE DEPARTMENT OF PUBLIC UTILITIES FOR SEWER SERVICE IN THE BAXTER ROAD, HOLLAND ROAD, INDEPENDENCE BOULEVARD AREA WHEREAS, it is the desire of the city to provide sewer service to the Baxter Road, Holland Road, Independence Boulevard area, and WHEREAS, the developers of the Christopher Center have agreed to assist the city by making modifications to the sewer system which they are constructing to serve the Christopher Center, and WHEREAS, these modifications include installing oversized sewer lines, constructing a new oversized pump station, and modifying existing pump stations for compatibility with the existing city system, and WHEREAS, these improvements will provide sewer service to customers other than those of the Christopher Center and will eliminate the need to construct two future pump stations in the area, and W}EREAS, the cash payment required by the developers to perform these improvements is $72,817 which is available by transfer within the Department of Public Utilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $72,817 be transferred within the Department of Public Utilities from meter repair and installation to sewer pump stations for the purpose of financing the necessary improvements to provide sewer service in the Baxter Road, Holland Road, Independence Boulevard area. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fi fth day of May , 19 80 APPROVED AS TO CONTENT SIGNATURE DEPARTMENT · ' " / CI'[Y ATTOi,NS¥ ~1~15o -60- OLD BUSINESS RESOLUTION (ITEM II-E.3) ITEH #15116 Upon motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted to APPROVE the Resolution opposing United States House Resolution 5200. Voting: lO-O Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 5/5/8o -61 - Requested by: Councilman Clarence A. Holland At a meeting of the Council of the City of Virginia Beach, Virginia, held in the Council Chambers of the Administration Building on the Fifth day of May , 1980, the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, House Resolution 5200, which is now before the House of Representatives, places the Federal Government in local zoning decisions; and, WHEREAS, this Resolution would implement local zoning review by the Federal Government through the United States Department of Housing and Urban Development; and, WHEREAS, such involvement violates every principle of sound government of the United States, the Commonwealth of Virginia and the localities thereunder; and, WHEREAS, such legislation raises the questions concerning the 10th Amendment of the Constitution of the United States of America which states that: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people ." THEREFORE, BE IT RESOLVED BY THE COUNCIL OF. THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council is opposed to House Resolution 5200 that is presently before the Congress of the United States. BE IT FURTHER RESOLVED that the Council of the City of Virginia Beach expresses its support for the Sensenbrenner-Volkmer amendment which would eliminate the administrative court within the Housing and Urban Development Department which would review the local zoning decisions. BE IT FURTHER RESOLVED that the City Attorney is directed to forward a copy of this Resolution to each member of Congress representing the City of Virginia Beach. -62- OLD BUSINESS (ITEM II-H.1) ITEM #1511 7 Upon motion by Vice Mayor McCoy, seconded by Councilman Ervin, City Council voted to ADOPT the guidelines for choosing advertising agencies to promote tourism and industry in the City of Virginia Beach: 1. City Council shall appoint for a term of two (2) years a committee of nine (9) members to include members of City Council, a staff member, and a representative from the public at large (not connected in any way wi th tourism) to select the best possible advertising agenct to serve the tourist and convention promotional needs in the City. 2. City Council shall appoint for a term of two (2) years a committee of nine (9) to include a member of City Council, a staff member, and a representative from the public at large (not connected in any way with industry) to select the best possible advertising agenct to serve the industrial promotional needs of the City. 3. An individual may be eligible to serve on either or both committees at the same time, according to the pleasure of the Council. 4. Locally based firms should be included automatically in the selection process including the making of creative presentations if they desire. 5. The committees suggested will receive new advertising proposals after the Fall campaign probably October or early November, and that the firms selected be given two (2) year contracts beginning January 1, 1983. (This committee process should be held in the Fall of 1982). All subsequent selection processes will take place in the late Fall preceeding the contract expiration the following January. 6. These committees will be appointed in December for two (2) years, beginning in December of 1981, with the first term running from January 1, 1982 until December 31, 1983, and all subsequent terms being also for two (2) years. Voting: 9-1 5/5/80 -63- Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: John A. Baum Council Members Absent: Clarence A. Holland 5/5/80 -64- OLD BUSINESS TERMS OF BOARDS AND COMMISSIONS ITEM #15118 Councilwoman Oberndorf advised Council that the Committee appointed by the Mayor to study the length of terms on Boards and Commissions (Councilwoman Henley, Councilwoman Oberndorf, and Councilman Ervin) carefully reviewed the proposal to place limitations on the terms served on City Boards and Commissions, and believe that the changes submitted reflect the concerns expressed by several Members of Council. The Committee also reduced the necessary advance filing time to fourteen (14) days rather than thirty (30) days, and submitted to Council the Ordinance for their consideration and adoption. Upon motion by Councilman Ervin, seconded by Councilwoman Henley, City Council voted to APPROVE the Ordinance to amend Chapter 2 of the Code of the City of Virginia Beach, Virginia, by adding Section 2-21 relating to terms for members of Boards and Commissions. Voting: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: George R. Ferrell Council Members Absent: Clarence A. Holland -65- AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 2-27 RELATING TO TERMS FOR MEMBERS OF BOARDS AND COMMISSIONS VIRGINIA: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, That any member appointed to a Board or Commission of the City shall, after the effective date of this Ordinance, be limited to: eight consecutive one-year terms four consecutive two-year terms three consecutive three-year terms two consecutive four-year terms two consecutive five-year terms Council shall limit its selection to those persons who have submitted applications on forms approved by City Council and on file wi th the City Clerk. Each member of Council should review the applications fourteen (14) days prior to the appointment. This Ordinance shall be effective on the Fifth day of May, 1 980. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of May, 1980. -66- OLD BUSINESS PARKING - ATLANTIC AVENUE ITEM #15119 The City Manager restated the City's recommendations for parking and traffic movement on Atlantic Avenue: 1. No parking on the East side of Atlantic Avenue from Fifth Street to Twenty-Fifth Street from 1 April to 1 October. 2. The left turn storage lanes at Seventeenth Street and Twenty-Second Street remain as are. 3. No parking on the West side of Atlantic Avenue from Fifth Street to Twenty-Fifth Street from Eight o'clock in the evening until Eight o'clock in the morning. 4. Removal of parking from certain Northwest corners, as per the attached schedule for visibility and safety. 5. Ordinance is being prepared for Council's consideration which would limit the number of vehicles per parking space to one. 6. Loading and unloading would be permitted in the restricted parking areas from Six o'clock in the morning to Twelve o'clock in the afternoon. No deliveries after Twelve Noon. Mr. Joe Howa read the recommendations of the Innkeepers and Merchants: 1. Eliminate stack lanes - put in lead green for left-- turn and northbound at Seventeenth and Twenty-Second Streets. 2. Eliminate parking 1 May to 1 October on East side of Atlantic Avenue from Fifth Street to Twenty-Fifth Street. 3. Reinstall parking on West side of Atlantic Avenue where removed except at Eastbound intersections where the Northwest corner creates a traffic hazard, in con- currance with the Traffic Engineer. 4. No parking on the West side of Atlantic Avenue from o'clock in the evening to o'clock in morning. (Council to decide times). 5. Raise meters to twenty-five cents (25¢) per hour (two hour limit). 6. Increase parking meter violations to $10.00. 5/5/8o -67- 7. One motor vehicle per parking space. 8. Police to be required to enforce present laws more stringently to discourage drinking in public and in vehicles, as well as loud and abusive language. 9. Strongly urge Council and Courts to back police officers in enforcement. 10. More rigid enforcement of City Ordinances pertaining to littering, by individuals or businesses. The following persons appeared before Council regarding the parking situation in the Virginia Beach Borough: Mr. Skip Hendricks, President, Virginia Beach Innkeepers Association Mr. Joe Howa, Merchants Association Mr. Fred Strickland Mr. Bill Eagan, Dunes Motor Inn Mr. Steve Arcese Mrs. Barbara Garland Mrs. Mary Purdy, Plantation Motel and Restaurant Mrs. Mary Kapetonakais, Plantation Restaurant Mr. John Perros, property owner Mr. Wilson Chaplin, Kona Kai Motel Mr. Leigh Forbes, Forbes Candies After the presentations the City Manager, in the spirit of compromise, modified his recommendation to conform with the recommendation of the Merchants and Innkeepers, with"no parking'~time limits on the West side to be from Eight o'clock in the evening to Twelve o'clock Noon with loading and unloading times to be from Six o'clock in the morning until Twelve o'clock Noon. Councilman Riggs made a motion, seconded by Vice Mayor McCoy, to: 1. Eliminate stack lanes - put in lead green for left turn and Northbound at Seventeenth Street and Twenty- Second Street; 2. Eliminate parking May 1 to October 1 on the East side of Atlantic Avenue from THIRTEENTH STREET to Twenty-Fifth Street; 3. Reinstall parking on West side of Atlantic Avenue where removed except at Eastbound intersections where the Northwest corner creates a traffic hazard; WITH SIX O'CLOCK IN THE MORNING UNTIL TWELVE O'CLOCK NOON LOADING ZONE, AND FROM TWELVE O'CLOCK NOON UNTIL TWO O'CLOCK IN THE MORNING, GENERAL PARKING. s/s/8o -68- 4. Raise meters to twenty-five cents (25¢) per hour (two-hour limitation) (to be considered for next year); 5. One motor vehicle per parking space; 6. More signs to inform public of City litter and drinking laws; 7. Police to be required to enforce present laws more stringently to discourage drinking in public and in vehicles, as well as loud or abusive language; 8. Strongly urge Council and Courts to back the police officers in enforcement; 9. More rigid enforcement of City Ordinances pertaining to littering, by individuals or business; and, 10. ELIMINATE ALL ONE-WAY STREETS NORTH OF THIRTIETH STREET, BETWEEN ATLANTIC AND PACIFIC AVENUE. Councilman Riggs agreed to eliminate item number ten (10), and requested it be voted on separately. Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilman Payne, that the modifications the City Manager made to the recommendation of the Merchants and Innkeepers be APPROVED; and, to include loading and unloading times from six o'clock in the morning to twelve o'clock Noon, and eliminate parking from Atlantic Avenue from nine o'clock in the evening to twelve o'clock noon. The recorded vote on the substitute motion is as follows: Voting: 5-5 Council Members Voting Aye: (for substitute motion) John A. Baum, George R. Ferrell, Barbara M. Henley J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Vice Mayor J. Henry McCoy, Jr. Donald W. Merrick, Meyera E. Oberndorf, and Roger L. Riggs -69- Council Members Absent: Clarence A. Holland Due to a tie vote, the above SUBSTITUTE MOTION was lost The recorded vote On the main motion is as follows; however, it is to eliminate recommendation number ten (10) (eliminate alt one-way streets North of Thirtieth Street, between Atlantic and Pacific Avenues). Voting: 2-8 Council Members Voting Aye: Vice Mayor J. Henry McCoy, Jr., and Roger L. Ri ggs Council Members Voting Nay: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: Clarence A. Holland The above motion was defeated. -70- ITEM #15120 Upon motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to APPROVE the following recommendations concerning the parking on Atlantic Avenue: A. Parking and Traffic Recommendations:. 1. Eliminate stack lanes - put in lead green for left turn and Northbound at 17th Street and 22nd Street; 2. Eliminate parking May 1 to October 1 on East side of Atlantic Avenue from 5th Street to 25th Street; 3. Reinstall parking on West side of Atlantic Avenue where removed except at Eastbound inter- sections where the Northwest corner creates a traffic hazard, in concurrance with the Traffic Engineer; 4. No parking on the West side of Atlantic Avenue from Ten o'clock in the evening to twelve o'clock Noon; however, loading and unloading will be permitted in the restricted parking areas from Six o'clock in the morning until twelve o'clock Noon, with no loading or unloading after twelve o'clock Noon; Other recommendations and improvements: 1. Increase parking meter violations to $10.00; 2. One motor vehicle per parking space; 3. More signs to inform public of City litter and drinking laws; 4. Police to be required to enforce present laws more stringently to discourage drinking in public and in vehicles, as well as loud or abusive language; 5. Strongly urge Council and Courts to back the police officers in above enforcement; and, 6. More rigid enforcement of City Ordinances pertaining to littering, by individuals or businesses. Voting: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing -71 - Council Members Voting Nay: Roger L. Riggs Council Members Absent: Clarence A. Holland ITEM #15121 Councilman Riggs made a motion seconded by Councilman Merrick, to eliminate all one-way streets North of Thirieth Street, between Atlantic And Pacific Avenues. Voting: 5-5 Council Members Voting Aye: F. Reid Ervin, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Ri ggs Council Members Voting Nay: John A. Baum, George R. Ferrell, Barbara M. Henley, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: Clarence A. Holland Due to a tie vote the motion was LOST. s/s/co -72- ADJOURNMENT ITEM #15122 Upon motion by Councilman Payne, seconded by Councilman Riggs, and by ACCLAMATION, the meeting adjourned at 4:58 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges Snf~th, City Clerk Mayor Patrick L Standing City of Virginia Beach, Virginia May 5, 1980