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HomeMy WebLinkAboutMAY 14, 1982 MINUTES "V@ORLD'S L --,-,T CIT)'COU@'VCIL l,,-ny JR., I),D@-l'.. @C F 4,1 Y', Lil IiF!@11013ER, A, ]Ci!@' A. .... eb REID ERI BARt3APA @. HE@@;LEY, B@,.@gb SPECIAL @IFETI!!G CLARENCL .1, 11.D.@ F-,@,d. W. 11. KITC@11,N. 111. Vi,,,,@. RE,gl S. VII@GI@41A BEACil C'ITY "Ot@@,,'CIL PATP.ICK L- TAVDINO, I, L.,g@ MUVICIPAL CE" @,R RVTH HODGE5 "41TH, C@,@ C!"i VIRGINIA BE@.Cli, VIRCINIA 23456 (804) 427-4303 CITY COUNCIL AGCNDA 14 May 1982 4:00 P.m. CITY C013NCIL "FIA@B'@RS ITEM I FORR!AL SESSION 1. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D.n.S. 2. INVOCATION - Reverend Eugene R. 14oolridq(,., Jr., D.D.D. Pastor, Virginia Beach linited @lethodist Chur-li 3. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE IJNITED STAIIES OF AtiFRICA 4. ROLL CALL 5. SPECIAL tlEETING: By unanimous vote of the Vembers o-f (@ity Council at t@,eir regular meet4.ng rlay 10, 1982, the Virginia Beach City Council w;l i (orver@(@ at 4:00 p.m. Friday, May 14, 1982, for the purpose of the SECOilD READING of Appropriations and other Ordinances applicable to @'@,e FY '82-'83 Operations Budget for Virginia Beach. 6. Ordinance, on SECOND READING, to arnend and reordain Chaptei- 21, Section 21-75, Subsections la), (b), (c), (d), and (e) of tlie ,-,ode of tlie City of Virgin-ia Beach r-elating to r,.otor vehicle i i@cc-.,i,le tax rates. 7. Ord'ilance, on SECO@,l@O t7EADINr,, @,o aiierie, @irci reor@aiii Char)ter 31 Section 31-61, Subsectioti@, (@) ailci (1@) i!ld @dd a r, W S u@ (_Ct4 t@ierc,to of the Cod(,. ol- Clt@, of Vir(iiiiil reach relatin!] 1,@ refuse disposal arcas tise cl@drqe@. S. O,dinanc(,, SFRONI) l@@ es@6@il t" ,,,x levy ol@ q x I f-, @, v Q @ i O!@ tax i I Oi,ci.;rz@i,,ce, or. SE@-ONP @'Ell to iipi,,@.rd and reor(lain Chaptel@ 3@ Section 35-137 of the Cc)de of th(, City of Virginia Beach relating to rc,.stairaiit nieal taxes. 11. Ordinance, on SECOND READING, to appropriate funds of $210,000 for the contract of employment of Fhoi-,ias H. !Auehlenbeck as City Manager of the Citv of Virginia Beach. 12. Ordinance, on SECOND READINR, making appropriations for the fiscal year beginning July 1, 1982 and ending June 30, 1983, in the su,,n of Two Hundred Sixty-Four Million, Three Hundred Fifty-Five Thousand, Two liundred Ninety-Five Dollars ($264,355,295) for operations and Eiglity-Five Million, Four Hundred. Sixty-One Thousand, Nine Hundred Twerity-Three Dollars ($85,461,923) in interfund transfers and regulating the payment of money out of the City Treasury, 13. DISCUSSION 14. ADJOT@RNMENT a. Motion to adjourn. M I N U T E S S P E C I A L M E E T I N G VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 May 1982 The Special Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Council Chambers, on Friday, May 14, 1982, at 4:05 p.m., for the purpose of the second reading of Appropriations and other Ordinances applicable to the FY 1982-83 Operations Budget for Virginia Beach . Council Members Present: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: F. Reid Ervin INVOCATION: Reverend Eugene R. Woolridge, Jr., D.D.D. Pastor, Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 2- ITEM #18192 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to amend and reordain Chapter 21, Section 21-75, Subsections (a), (b), (c), (d) and (e) of the Code of the City of Virginia Beach relating to motor vehicle license tax rates. Voting: I 0- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.O.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin All (a), (d) ,i!,i @)l' 'F;@,,@-I 1711" i,qF (11'ry 01- Vit"(1'f@@IA 'F,,AG@i Ri",I,AT1,N(@ 7f-) IIOTOR VF,HICT,F, LTCYNS17 TAX RAT'@ I", , Bi,' '.'f ORDAINLI) BY '!,'RL CC)Ui@l-iL OF TiiL C-LT@ Vli@Gl,,\IIA Bi-@Acii, VlkG!i@iA: That Cliapter 21, Section 21-75 (a'), (I,), (d) and (e) are lierl-@@Dy aillklldE'-d and reord,,ii,,ied ,is follows: Sectic,r. '.;-75 - Iinpositioli of lax. (.3) There lq lierehy iinposee, an arni-tal license, tax, for each license year ts est,iblished by tliis a,-tic"e, on rotor vehiclep, trailers ind i3elAtrailers, the aniou,-it of w,iic@h sliall be as sc," forth in tho folloqitij, sub@.ectioTi of th'.S SeCtiOTI. @'b) Tlie licei-,se taz Oil a c,,ctor ve'@IICI(?, wL@giiiiif, 'ou:: tiou,@,@id (4,000) 1)@L,lid@ or Ics:;, and uscd @oe tlc, of pass@t-,gcr.@, @i)Aicti s@iall inclu@'e every sucit veliicle wl-,icii is or dESigl,,C,.e@ ..,or pf@.I,,,ilr-ion, regitl"r'L, k,@1)17 1,1'@ tlic-@ cl,ty and 'tased upon pul,li.(: rolrlT,.,ayl; of ti-,e cl.ty, s@lf@ll @o ll$@.-OC)-)-tweiity dollirs ($"0.00), except as ot@,cr-- wi.@P specil'icil-l@ rro,,!,ied in Lliis sec!tion. T@f tl-@e M,)uor velticle as alc,,qe O.escri*,-,@@ iq@i.,hc i- e-cess of fo,-,r tli@Lis@,nd (/,,,OOO@) poi,n@q, tl,e be -l.wonty-fiv(, (@25.OC)) per ,cir for -acli liccrs- vr----. (c) The licer.3e ',a,: c,.n a riotorcycle shall bo fiftcei-i doll.ars ($15.00). (d) The liceii,--- tax on a util.ity, boat or camnitig trailer, uf.,itcli is nor- mally pulled by passenger car or station wagon, or a pickup or panel trucl@, end whicli has a gross wei.glit of six thousand five- hundred (6,500) pou-ids or le.@s is thr-e@ol-@rs and-4-ift-y@ents4,@,V.@) @t@ o@l irlar, f@lf@ eiit, @@.50). Not"in7 '-n lh-@l- sliall be construad a,-, appl-@jf-n@ t,- tyiiiers or scrai- em i tr.-ii t ior@. Tlie li.c2n@-e t-Lx f(,I- @i or @,ei;iitrailer dc,3igii,2@ for tlie use i,,; 14ving qli,,irter-, Ici- h,jtii,in I veiiic,'Ic i's inined by tlie gross of ti.i@ vcl,,,iclc,. c@r is @i oiie loicic-,d o the for, wi.icii 't: i@, anct by tlle stglc acc-ordinl; to tlie follo@;irg c,,j ii F e Fee@ 4 , CUO or lcss . . . . $5. 00 $20. 00 .3. 'Cl@l -3-/ 00" . . . . . . [O.LO /4,001-16,000 . . . . . 20.00 25.0') 37,OGI-38,000 . . . . . 10 53, l(' 16,00'-171000 . . . . . 20.80 25.80 33,001-'39,000 . . . . . Z,,9.40 5/@.I-.0 ,7,001--i@,000 . . . . . '@2.IC, 27.10 39,CiOI-40,000 . . . . . 50.70 @5.7C, 18,001-19,000 . . . , . 23.40 28.40 40,001--41,000 . . . . . 5111.00 -@7.00 20,001.-21,CiOO . . . . . 26.00 31.00 1,1,001-4--,,@),)O . . . . . 53.30 58.30 -?.30 3!@.30 !,2,OC',1-43,000 . . . . . 54.((j 59.69 21 , ',)01-"' , 00r) . . . . .1 2.'@ 1 Ool--l.13 I 000 . . . . .28.60 33 . 60 43, O,,, 1-44 , 00i) . . . . .55@90 C 23,@)OI-24,000 . . . . . 29.90 34.90 4!,,00,1-'45,000 . . . . . 5".20 61@.'-O 24,001-25,000 . . . . . 31.20 3C).20 45,001-4(,IOOO . . . . . 58.,-;,,) 63.5(,' 25,00i-26,000 . . . . . 32.30 37.50 46,00i-47,OC)O . . . . . 5,).8o 6".80 26,001--27,000 . . . . . 33.80 38.80 . . (11.10 66.11) 27,001-28,000 . . . . . 35.10 110.10 118,001-49,0@)O . . . . . 62.1-0 61-I.ilo 28,001-29,000 . . . . . 35./40 41./l@O ll",OC]-50,000 . . . . . 6"'.70 29,001-30,000 . . . . . 37.70 42.70 50,001-51,000 . . . . . 65.00 70.@1) 30,001 --- 31,000 . . . . .39.00 44.00 @1,001--52,000 . . . . . 66.30 71.30 31,001,-32, 0,1 . . . . .40,30 45.30 5'@"OOt-53,000 . . (7.60 7"@(,O 32,001-33,000 . . . . . 41,60 46.60 53,OC1-54,'-IOO . 63,,)0 73.'@) @13,001-34,Cl@)O . . . . . 42.90 4Y.90 54,001-55,000 . . 70@2(-,, 75,20 . . . . . /411,20 /49.20 -@,',001-56,000 . . . . . . 35,001--36,000 . . . . . 45.50 50.50 56,0@@l-'6,300 . . . . . 1 72.80 '17.FD 56,8C,C) qnd o@,cr. 75.00 8(@. O'@ First Reading: May 10, 1982 Second Reading: May 1 4 , 1 98 2 - 5- ITEM #18193 Upon motion by Councilman Standing, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to amend and reordain Chapter 31, Section 31-61, Subsections (A) and (B) and a new Subsection (C) thereto of the Code of the City of Virginia Beach relating to refuse disposal areas use charges. Voting: 9- 1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: F. Reid Ervin 6- CIIAPTE',@ 3-1, SEC'rlWi 3t-6' (A) AND (B) AND %i)D A Tf'ERI@"TO OF THE COI)I," OF TI!@: (,'LTY OW TO I)ISI,O@;Al Al@IA,@ BE IT ORDAINED BY THE COUNCIL OF THE CE'RY O@- VIR @,'-rNIA B!-,ACIT, VI-,',Gl,,\'IA: That Cliapter 31, Section 31.-61(a) (b) ajid (c) aie liereb,, aiiiendee, and rc.-rc- daine@i as fol.lows: lection 31-6' - ljse l-,iarges (a) There sball be a fee of six dol.lar@ and seveiity-- f@ve cents ($6.75) p(Ir ton, c)r @i 1-wo dollar ($2.00) miriimum char,e for less tIlEt'i 0,@ie toft, o- ,7,Tly part ther--of, for all sa-,iitary soli.d iqaste, refus,@, del)ris, O)- geyieraled solely witbin the city aiid (iepisited ar tlie city re-fjse. disposal areas; provided, howe@,-er, tl,.at of the city del)ositilii, qar,!.tary solid wasle, refusc, de'ori.s of i;arbage gen(,.rated solely from LhL@-r houseliold :iiay tl-,P- sanie. fc@c, OL@ cliarg-. I (b) Thcre shall be a "cc ol@ seveiity-'ive cents ($0.75) p@-r tire for cuttlflg diFp--sing of "ir(--s a@L t'@ie cit.v refuse di,;posal arels, or d!sT,.osinF of @,Amc- @tt: refti.,e t-.i-ansfc,.r Ftations operated by lit@ of ILr, h. ni (c.) 'fhere sh,,il.l be@ a fee of six dollars ($6.00) ,o,7 ton for all sanitary soll@-d wns-l@,_refue,_Aeb i@@ @,,@r any refuse transfer statio-ns operated by tlie @t _c,@Lr@iyiia l@each. Tlits fee is in addition t-.o the landfil.1 user charge of six doi.lars and seventy-five cents ($6.75) per ton -as provided in paragraph (a) above. T-nis Ordinance sl,.all be effective on aiid after Llie date of its adoption. FirF,t May 10, l9R2 Second Read4r.-: 1982 I At@iol)ted by (:',ie of tlic City of V-Irgini@, Virgi-nia, o.-i tbe 14 da.v of May - 7 - ITEM #18194 Mrs. Gwen Dobbs spoke in opposition to the increase in personal property taxes. Upon motion by Councilman Buchanan, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance establishing the tax levy on personal property and machinery and tools for tbe calendar year 1983 AS AMENDED. Voting : I 0- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1983. 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 1983 calen- dar year taxes on all tangible personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO- PERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calendar year 1983 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, a rate of seventy-t;ie eents ($ 72@ eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The personal property rates which have been pre- scribed 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 1983 for general purposes taxes on all boats or watercraft under five tons burthen used for busi- ness 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 fifty percentum (50%) of the fair market value of such personal property. Page I - 9- 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 1983 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxa- tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1983 calen- dar year, taxes on all farm machinery and implements, farm tools, and farm live- stock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such personal property. Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1983 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of fifty percentum (50%) of the fair market value of such machinery and tools. Section 7. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1983. First Reading: Maly 10 1982 Second Reading: May 1 4 . 1 982 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of May 1982. Page 2 -10- ITEM #18195 Upon motion by Councilman Standing, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance establishing a tax levy on real estate for the tax fiscal year 1983 AS AMENDED. Voting : 8- 2 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland M.D., Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: W. H. Kitchin, III, and Reba S. McC]anan Council Members Absent: F. Reid Ervin @7CN7 DEPARTMENT STOFORM AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1983 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1983 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, a rate of sevefity-t1/2ie e eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. 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. Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO- VIDED 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 1983 taxes on all Public Service Real Property, which has not been equalized as pro- vided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be deter- mined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1983 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate of seventy-t;@o een ) eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this sec- tion shall be applied on the basis of one hundred percentum of fair market value of such real property. 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, Page I - 1 2- 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: May 10, 1982 Second Reading: May 14, 1982 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of May 1982. Page 2 - 1 3- ITEM #18196 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING tbe Ordinance to amend and reordain Chapter 35, Section 35-137 of the Code of the City of Virginia Beach relating to restaurant meal taxes. Voting: 9- 1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: W. H. Kitchin, III Council Members Absent: F. Reid Ervin - 14- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35, SECTION 35-137 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO RESTAURANT MEAL TAXES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That Chapter 35, Section 35-137 is hereby amended and reordained as follows: Section 35-137 - Levied; amount; computation. There is hereby imposed and levied on each person a tax equivalent to 9cts't -'16@T five (5) percent on the total amount paid for food, in or from any restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not. The tax shall be computed at a straight alm-@6@ five (5) percent, any fraction of one-half or more being treated as one cent. This ordinance shall become effective on June 1, 1982. First Reading; May 10, 1982 Second Reading: May 14, 1982 Adopted on: 14 May 1982 GGD:JDB:er 5-12-82 - 1 5- ITEM #18197 Upon motion by Vice Mayor Heischober, seconded by Councilman Holland, City Council voted to ADOPT ON SECOND READING the Ordinance to appropriate funds of $210,000 for the contract of employment of Thomas H. Muehlenbeck as City Manager of the City of Virginia Beach, Virginia, effective June 1, 1982. Voting: I 0- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 5 14/8 2 - 1 6 - AN ORDINANCE TO APPROPRIATE FUNDS OF $210,000 FOR THE CONTRACT OF EMPLOYMENT OF THOMAS H. MUEHLENBECK AS CITY MANAGER OF THE CITY OF VIRGINIA BEACH WHEREAS, City Council has agreed to employ Thomas H. Muehlenbeck as City Manager of the City of Virginia Beach for the three year period June 1, 1982 to May 30, 1985 at the rate of $70,000 for each twelve month period, and WHEREAS, a contract of employment to this effect has been drafted, and WHEREAS, it is the desire of City Council to provide funds for this contract. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $210,000 be appropriated from the General Fund Balance in order to provide funding for the contract of employment with the City Manager,and BE IT FURTHER ORDAINED that the Director of Finance is hereby authorized to certify availability of funds, and BE IT FURTHER ORDAINED that the Mayor is authorized on behalf of City Council to execute the attached contract marked Exhibit A. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of May 1982. First Reading: May 10, 1982 Second Reading: May 14, 1982 1 7 - This Aqreement made this day of 1982, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter sometimes referred to as "City" and THOMAS H. MUEHLENBECK, hereinafter sometimes referred to as "Employee." W I T N E S S E T H WHEREAS, the City wishes to employ Thomas H. Muehlenbeck as its City Manaqer as provided in Section 4.01 of the Charter of the City of Virginia Beach, and WHEREAS, Thomas H. Muehlenbeck agrees to accept such employment, and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such employment, NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto aqree as follows: Article I - Duties (a) Employee shall perforrn the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virqinia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other leqally permissible duties or functions as the City Council may see fit to assign him at any time durinq the term hereof. Article Ii - Term of Agreement (a) Except as otherwise provided herein, this Agreement shall be for a term of three (3) calendar years (36 months) commencing June 1, 1982, and ending May 30, 1985. (b) Except as provided by Article III, below, during the term hereof, Employee aqrees to remain in the exclusive employ of the City. -1- 18- (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however, that such termination shall be in accordance with the provisions of Article III below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III below. Article III - Termination and Resignation (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement, and at the time of such termination Employee is under no physical or mental incapacity which would prevent him from performing the duties of City Manager, the City Council shall continue to compensate Employee in accordance with the provisions of Article IV hereof as may have been increased by subsequent actions of City Council for the duration of this Agreement, subject to the provision of paraqraphs (1), (2), (3) and (4) below. All other benefits hereunder, however, shall cease as of the date of termination. (1) Such post-termination compensation shall cease, however, if Employee has been offered comparable employment elsewhere. (2) Employee aqrees to use due diliqence to secure such comparable employment as expeditiously as possible. (3) If Employee is terminated for misfeasance, malfeasance, or nonfeasance in office all compensation by the City shall end as of the date of termination. (4) If Employee is terminated after the expiration date of this Aqreement for reasons other than those set forth in paragraph (a)(3) above, he shall continue to receive as severance pay the compensation installments set forth in Article IV as may have been increased by the City Council for three (3) months followinq the date of such termination. (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of -2- 1 9 - such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may waive any or all of this ninety (90) day notice requirement. Article IV - Compensation City agrees to pay Employee for services rendered pursuant hereto an annual gross salary of Sixty-Seven Thousand Dollars ($67,000.00), payable in installments at the same time and in the same manner as other City employees are paid. An additional sum of Three Thousand Dollars ($3,000.00) shall be paid at the rate of Two Hundred Fifty Dollars ($250.00) per month of each year of the term hereof into a deferred compensation plan selected by the Employee and approved by the City. Such annual gross salary and such additional sum may be increased from time to time by action of the City Council. Article V - Automobile Allowance In lieu of supplyinq a City-owned vehicle for use by Employee in conducting City business, City aorees to pay Employee a car allowance in the sum of Two Hundred Thirty Dollars ($230.00) per month which sum may be increased from time to time by action of the City Council. In consideration thereof, Employee shall provide his own vehicle and shall be responsible for all fuel, maintenance, insurance, and other expenses related to the operation thereof. Article VI - Fringe Benefits Employee shall receive fringe benefits such as annual leave, sick leave, life insurance, hospitalization, Virginia Supplemental Retirement System, etc. in accordance with existing City policies and ordinances as applicable to all other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. -3- - 20- Article VII - Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. Article VIII - Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for his membership and participation in national, regional, state, and local associations and orqanizations of a job-related nature and for travel and associated expenses of employee to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article IX - General Business Related Expenses Except as specifically provided in Articles V and VIII, the City aqrees to reimburse Employee for job-related expenditures in accordance with existinq City policy. Article X - Movinq Expenses City agrees to pay reasonable costs of movinq Employee and his family and their personal belongings from Austin, Texas, to Virginia Beach, Virginia. City further aqrees to pay Employee up to Two Thousand Dollars ($2,000.00) for closing costs for the purchase of a residence in Virginia Beach. Employee agrees to provide appropriate documentation relating to all such payments made under this Article. Article Xi - Other Terms and Conditions of Employment (a) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. -4- - 21 - (b) City aqrees to provide insurance coveraqe and legal counsel for Employee in matters relating to his official duties within the scope of his employment, as is provided to all other City employees. (c) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee. Provided, however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy chanqe. (d) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (e) If any provision hereof shall be deemed unlawful invalid, ultra vires, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (f) This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia. IN WITNESS TATHEREOF, the City of Virginia Beach has caused this Agreement to be executed in its behalf by its mayor in accordance with a resolution of the City Council authorizinq such execution, and Employee, Thomas H. Muehlenbeck, has executed this Aqreement, both the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By Mayor THOMAS H. MUEHLENBECK Approved as to Content Approved as to form City Attorney Approved as to Availability of Funds RHM/da (48.12) 4/19/82 - 4/22/82 - 5/7/82 -5- - 2 2 - ITEM #18198 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to amend and reordain Chapter 35, Article II, Division 3 of the Code of the City of Virginia Beach re- lating to real estate tax exemption/deferral for certain elderly and handicapped persons. Voting: 1 0- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 5/14/82 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35, ARTICTE II, DIVISION 3 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REAL ESTATE TAX EXEMPTION/DEFERRAL FOR CERTAIN ELDERLY AND HANDICAPPED PERSONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 35-62. Authorized. Real estate tax exemption and deferral is provided for qualified property owners, who are not less than sixty-five (65) years of age, or who are permanently and totally disabled, or who jointly hold land with a spouse who is permanently and totally disabled, and who are eliqible accordinq to other terms of this division. Persons qualifying for such exemption or deferral are deemed to be bearinq an extraordinarv real estate tax burden in relation to their income and financial worth. Section 35-63. Administration; rules and requlations of city manaaer. The exemption or deferral provided for in this division shall be administered by the city manager according to the general provisions contained in this division. The city manaqer is hereby authorized and empowered to prescribe, adopt and enforce such rules and requlations, includinq the requirement of answers under oath, as may be reasonably necessary to determine qualifications for the exemption or deferral provided for in this division. The city manager may require the production of certified tax returns, appraisal reports and other certifications to establish income, financial worth or disability. Section 35-64. General prerequisites to grant; effect of residency in hospital, nursing hoine, etc. (a) The exemption or deferral., but not both, as provided for in this division shall be qranted to persons subject to the following provisions: (1) The title to the property for which exemption or deferral is claimed is held, or partially held, on June thirtieth immediately r)recedinci the taxable year, by the person or persons claiminq exemption or deferral and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupyina the dwelling and owning title or partial title thereto or either spouse in a dwellinq jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of aqe or older on June thirtieth of the year immediately precedina the taxable vear; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of aqe on such date. (3) The applicant has been a resident of the City for at least two (2) years immediately precedinq the request for exemption or deferral. (4) The total combined income, durinq the immediately precedinq calendar year, from all sources, of the owner of the dwelling living therein and of the owner's relatives livinq in the dwelling does not exceed eleven thirteen thousand dollars ($13,000.00), provided that, the first two thousand dollars ($2,000.00) of income of each relative, other than the spouse of the owner or owners, who is living in the dwellinq shall not be included in such total. (5) The net combined financial worth, includinq equitable interest, as of December thirty-first of the year immediately precedinq the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land, not exceedinq one acre, upon which it is situated, does not exceed thirty-five thousand dollars ($35,000.00). -2- (6) The dwellinq is occupied. (b) The fact that persons who are otherwise qualified for tax exemption or deferral pursuant to this division are residing in hospitals, nursinq homes, convalescent homes or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption or deferral is souqht does not continue to be the sole dwelling of such persons during such extended periods of other residence, so lonq as such real estate is not used by or leased to others for consideration. Section 35-66. Applicant's affidavit and certificate of disability. (a) Annually, not later than Auqust fifteenth, but after April fifteenth, the person or persons claiming an exemption or deferral Linder this division shall file a real estate tax exemption/deferral affidavit with the city manager. Such affidavit shall set forth, in a manner prescribed by the city manager, the location and assessed value of the property and the names of the related persons occupying the dwellinq for which exemption or deferral is claimed, their gross combined income and their net combined financial worth. The affidavit shall also include indication as to whether_the person or persons claim either the exemption or the deferral option, the amount of deferral being one hundred percent (100) of the real estate tax liability. (b) If the applicant is under sixty-five (65) years of age, the affidavit required by subsection (a) above shall have attached thereto a certification by the social seCLirity administration, the veterans administration or the railroad retirement board, or if such person is not eliqible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the commonwealth, to the effect tha@-such person is permanently and totally disabled, as defined in section 35-61. The affidavit of at least one of such doctors shall be based upon a physical examination of the applicant by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the civil standards for determining permanent and total disability, as defined in section 35-61. Section 35-67. Amount of exemption. fa+ When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: TOTAL INCOME TAX ALL SOURCES EXEMPTION $ 00-00 tO $ 57SOOV99 $6,000.00 100% 5750179G 6,001.00 to @7590799 7,000.00 80% 37S94veG-7,001.00 to 8-,sel9Toe 9,000,00 60% 875@4799-9,001.00 to 97590TGG 11,000.00 40% 97504TOG 11,001-00 to 44-,GGGTOO 13,000.00 20% No lien shall accrue as a result of the amount certified as exempt. -4- Section 35-67.1. Amount of deferral; payment of accumulated e erre taxes. (a) The person or persons qualifying for and claiminq deferral shall be allowed to defer payment of one hundred percent (100%) of all real estate taxes assessed by the city aqainst his/their real estate until payment becomes due as provided by subsection (b) herein below. (b) The accumulated amotint of taxes deferred shall be- paid, plus eight percent (8%) interest per annum on the amount so deferred without penalty, to the treasurer of the City of Virginia Beach or to the clerk of the circuit court, as the case may be, by the vendor upon the sale of the dwellinq, or from the estate of decedent within one year from the death of the last owner thereof who qualifies for tax deferral by the provisions of this division. Such deferred real estate taxes shall constitute a lien upon the real estate as if they had been assessed without regard to the deferral permitted by this division; provided, however, that such liens shall, to the extent that they exceed the aggregate ten percent (10%) of the price for which such real estate is sold, be inferior to all other liens of record. (c) Not later than the first day of August of the third anniversary of the original due date had such taxes not been deferred as provided herein, the treasurer shall certify to the clerk of the circuit court a list of all real estate aqainst which deferred taxes are still outstandinq, and the clerk shall cause such deferred taxes to be recorded as a lien against the respective real estate as liens are customarily recorded and to be marked as deferred. Section 35-67.2. When amount exempted,/deferred exceeds amount apropriated. In any tax year in which the afnount appropriated by the city council for the purpose of providinq real estate tax exemption and/or deferral under this division is not sufficient -5- to afford the entire exemption and/or deferral allowable under the computations made pursuant to Section 35-67, the amount of exemption and/or deferral shall be computed as a fraction of that produced under the formula set out in section 35-67, the numerator of the fraction to be the amount of the appropriation for the tax year and the denominator of the fraction to be the total amount of all allowable exemptions and/or deferrals computed under the formula shown in Section 35-67. Section 35-69. False claims. Any person falsely claiming an exemption or deferral under this division shall be guilty of a Class 1 misdemeanor. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virqinia Beach, Virqinia, on the day of 1982. MES/ih/re 5/4/8 2 (D) -6- - 2 9- ITEM #18199 Upon motion by Vice Mayor Heischober, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance making appropriations for the fiscal year beginning July 1, 1982 and ending June 30, 1983, in the sum of Two Hundred Sixty-Four Million, Three Hundred Fifty-Five Thousand, Two Hundred Ninety-Five Dollars ($264,355,295) for operations and Eighty-Five Million, Four Hundred Sixty-One Thousand, Nine Hundred Twenty-Three Dollars ($85,461,923) in interfund transfers and regulating the payment of money out of the City Treasury, AS AMENDED. Voting: 9- 1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: F. Reid Ervin 3 0 - AN ORDINANCE MAKING APPROPRIATIONS FOR THE z 0 FISCAL YEAR BEGINNING JULY 1, 1982 AND ENDING JUNE 30, 1983, IN THE SUM OF TWO HUNDRED SIXTY- FOUR MILLION, THREE HUNDRED FIFTY-FIVE THOUSAND, TWO HUNDRED NINETY-FIVE DOLLARS ($264,355,295) FOR OPERATIONS AND EIGHTY-FIVE MILLION, FOUR HUNDRED > SIXTY-ONE THOUSAND, NINE HUNDRED TWENTY-THREE 0 Cl- DOLLARS ($85,461,923) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF @IONEY OUT OF THE CITY TREASURY, AS AMENDED. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1982, and ending June 30, 1983, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating THREE HUNDRED FORTY- NINE MILLION, EIGHT HUNDRED SEVENTEEN THOUSAND, TWO ffUNDRED EIGHTEEN DOLLARS ($349,817,218) consisting of EIGHTY-FIVE MILLION, FOUR HUNDRED SIXTY-ONE THOUSAND, NINE HUNDRED TWENTY-THREE DOLLARS ($85,461,923) in interfund interfund transfers and TWO HUNDRED SIXTY-FOUR MILLION, THREE HUNDRED FIFTY-FIVE THOUSAND, TWO HUNDRED NINETY-FIVE DOLLARS ($264,355,295) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1982-83, submitted by the City Manager on the date of March 31, 1982 are hereby appropriated, subject to the conditions hereafter set forth, for the year 1982-83, 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, 1982 and ending June 30, 1983 as follows: Budget Item of Expenditures 1982-1983 GENERAL FUND: Legislative Department: Municipal Council $ 844,079 City Clerk 149,305 Total $ 993,384 Executive Department: City Manager $ 292,892 Public Information Office 253,004 Grants Office 103,050 Office of Emergency Services 178,010 Office of Emergency Medical Services 399,712 Total $ 1,226,668 Page I 3 1 - Budget Item of Expenditures 1982-1983 GENERAL FUND: Law Department: City Attorney $ 773,388 Finance Department: Commissioner of the Revenue $ 1,150,985 Board of Equalization 15,459 City Real Estate Assessor 770,898 Treasurer 1,395,871 Director of Finance: Administration 204,273 Research 146,640 Budget 162,599 Accounting 646,452 Payroll 143,157 Business License Audit 210,321 Independent Auditing 50,000 Purchasing 229,271 Total $ 5,125,926 Personnel Department: Administration $ 124,127 Employee Relations 131,181 Testing and Selection 161,443 Wage and Salary 151,489 Training 50,221 Total $ 618,461 Judicial Department: Circuit Court $ 129,368 General District Court 17,846 Juvenile and Domestic Relations District Court 10,999 Commonwealth's Attorney 862,252 Commonwealth's Attorney - Social Services Fraud 60,302 High Constable 309,100 Sheriff's Office 312,472 Correctional Operations: Court Support Services 231,178 Treatment 522,866 Custodial 1,742,013 Clerk of the Circuit Court 249,447 Magistrates 6,125 Juvenile Probation: Management and Support 353,268 Intake Unit 256,694 Diversion Unit 150,078 Field Units 420,029 Total $ 5,634,037 Health Department: Preventive Medicine $ 847,216 City Physician 207,240 Total $ 1,054,456 Social Services Department: Director of Social Services $ 4,802,260 Public Assistance 1,687,200 Hospitalization 342,000 Total $ 61831,460 Police Department: Administration: Chief's Staff $ 872,577 Personnel and Training 284,445 Page 2 3 2- Budget Item of Expenditures 1982-1983 GENERAL FUND: Police Department: (concluded) Services $ 1,237,526 Uniform Division: Auxiliary Police 37,283 Patrol and Administrative Support 7,168,907 S.P.O.T. 2,100,441 Communications Division 1,653,100 Investigative Division 2,588,715 Animal Control 657,738 Medical Examiner 4,500 Total $ 16,605,232 Public Works Department: Administration: Director's Staff $ 196,022 Real Estate Office 237,785 Business Office 135,115 Highway Division: Administration 412,142 Inspections 303,361 Street Maintenance 3,968,306 Drainage Maintenance 1,292,654 Bridge Maintenance 849,665 Engineering Division: Administration 457,638 Surveying 518,586 Mapping 433,231 Drafting 217,570 Waterfront Operations/Inspections 110,681 Special Projects 132,679 Building Construction 86,784 Inspections 374,359 Traffic Engineering Division: Design and Administration 2,128,245 Operations 1,262,450 Solid Waste Division: Solid Waste Administration 144,443 Refuse Disposal 1,370,262 Refuse Collection 4,684,703 Sanitation Inspections 180,551 Solid Waste Transfer Station 445,170 Back Bay Salt Water Project 76,972 Erosion Commission 1,461,318 Total $ 21,480,692 Parks and Recreation: Director of Parks and Recreation $ 227,623 Parks and Maintenance: Administration 219,838 Construction and Maintenance 1,775,901 Parks and Beaches 909,283 Golf Courses: Red Wing Golf Course 403,383 Bow Creek Golf Course 321,344 Owl Creek Municipal Tennis Center 19,242 Boardwalk Trains 21,408 Virginia Beach Transit 475,213 Recreation: Virginia Beach Recreation Center (Kempsville) 765,938 Bow Creek Recreation Center 229,484 Administration 198,766 Adult Activities 508,392 Youth Activities 606,623 Page 3 3 3 - Budget Item of Expenditures 1982-1983 GENERAL FUND: Parks and Recreation: (concluded) Athletics $ 308,315 Shakespeare Festival Program 81616 Total $ 6,999,369 Library Department: Administration $ 222,842 Branch Libraries: Great Neck Branch Library 219,719 Bayside Branch Library 226,999 Oceanfront Branch Library 215,886 Kempsville Branch Library 232,868 Windsor Woods Branch Library 245,170 Reference Services 396,498 Extension Services 182,940 Special Services 126,961 Technical Services 545,124 Children's Services 88,437 Beam 30,437 Total $ 2,733,881 Planning Department: Management and Support $ 485,944 Comprehensive Planning 175,643 Operations 168,842 Total $ 830,429 Agriculture Department: Administration $ 110,540 VPI Extension Services 164,326 Farmers' Produce Market 114,863 Environmental Services 53,793 Total $ 443,522 Department of Economic Development: Director of Economic Development $ 161,715 Civic Center 43,580 Tourist Development 1,188,831 Industrial Development 424,946 Convention Promotion 343,662 Pavilion 896,123 Total $ 3,058,857 Department of General Services: Administration: Director of General Services $ 112,445 Employee Safety 95,273 Building Maintenance: Management and Support 2,493,098 Electrical 368,217 Heat and Air Conditioning 494,084 General Maintenance 1,250,717 Custodial 1,480,579 Landscape Division: Superintendent of Landscape Services $ 502,975 Ground Maintenance 1,071,198 Beautification 1,184,366 Clean Community 31,695 Mail Distribution 146,538 Total $ 9,231,185 Page 4 3 4 - Budget Item of Expenditures 1982-1983 GENERAL FUND: Boards and Commissions: General Registrar $ 242,228 Mosquito Control - Kempsville/Bayside 396,977 mosquito Control - Princess Anne 293,860 Mosquito Control - Virginia Beach/Lynnhaven 399,847 Zoning Board of Appeals 14,494 Arts and Humanities Commission 79,200 Mass Transit Operations 600,000 Wetlands Board of Virginia Beach 71180 Total $ 2,033,786 Non-Departmental: Employee Training and Special Benefits $ 274,000 Fire Department: Administration $ 283,399 Fire Prevention 719,602 Fire Suppression 7,209,521 Training 304,616 Forestry 8,455 Total $ 8,525,593 Department of Data Processing: Director's Office $ 214,956 Operations: Technical Support 367,791 Computer Operations 1,462,063 Systems and Programming 913,801 Central Files 238,103 Total $ 3,196,714 Department of Permits and Inspections: Administration $ 312,851 Consumer Protection 182,832 Housing Code Enforcement 135,557 Building Inspections 579,536 Zoning Code Enforcement 198,654 Total $ 1,409,430 Department of Mental Health: Board Office $ 193,890 Comprehensive Mental Health: Program Clinical Support 323,073 Consultation and Education 178,568 Outpatient Services 238,947 Community Rehabilitation 288,390 Emergency Services 224,056 Child and Youth Services 319,884 Mental Retardation/Developmental Disabilities: Program Support 135,083 Residential Services 85,841 Adult Services 218,887 Transportation Program 64,028 Respite Care Program 58,618 Infant Stimulation Program 30,272 Case Management 28,163 Substance Abuse Services 653,218 Alcohol Safety Action Program 116,280 Community Trust 30,105 Total $ 3,187,303 Page 5 3 5- Budget Item of Expenditures 1982-1983 GENERAL FUND: Transfer to Other Funds: $ 82,261,109 Reserve for Contingencies: Regular $ 241,503 Salary - 1,875,000 Total $ 2,116,503 TOTAL GENERAL FUND $186 645 385 WATER AND SEWER FUND Department of Public Utilities: Director's Office $ 214,775 Engineering 1,588,659 Water Production/Resources 5,542,421 Operations Administration 468,629 Water Distribution 1,844,383 Water Pump Stations 1,002,002 Sewer Collection 1,575,229 Sewer Pump Stations 1,598,800 Customer Services 2,318,864 Total $ 16,153,762 Revenue Bond Debt Service: $ 5,261,947 Transfer to Other Funds: $ 3,200,814 Reserve for Contingencies: Regular $ 520,009 Salary - 184,500 Total $ 704,509 TOTAL WATER AND SEWER FUND $ 25 321 032 SCHOOL OPERATING FUND Department of Education: Administration $ 1,226,869 Research, Planning and Development 167,042 Instruction 63,255,056 Other Instructional Costs 8,949,733 Attendance and Health 1,327,730 Pupil Transportation 5,170,409 Operation of School Plant 9,169,018 Maintenance of School Plant 3,830,997 Fixed Charges 20,418,815 Summer School 280,351 General Adult Education 104,893 Basic Adult Education 125,074 Vocational Adult Education 152,614 Capital Outlay 652,343 Total Requested $ 114,830,944 Total City Manger Reductions 969,132 TOTAL EDUCATION $113,861 812 LAW LIBRARY FUND Law Library $ 4,770 SIX BOROUGH SCHOOL DEBT FUND Debt Service $ 17 125 Page 6 - 36 - Budget Item of Expenditures 1982-1983 GENERAL DEBT FUND Debt Service $ 2,827,083 PENDLETON CHILD SERVICE CENTER FUND Judicial Department: Pendleton Child Service Center $ 490 734 TIDEWATER VIRGINIA ASAP FUND Judicial Department: Tidewater Virginia ASAP $ 609 277 TOTAL BUDGET $ 349,817,218 Less: Interfund Transfer - 85,46IP923 NET BUDGET $ 64,355,295 Section 2. Subject to the provisions of Chaper 2, Article 111, 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 posi- tions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manger 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. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. All 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. All tax abatements and tax supplements dated subsequent to June 1, 1983 for the FY 1983 tax year shall accrue to the General Fund of the City. Page 7 - 3 7 - Section 6. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business for the fiscal year ending on the thirtieth (30th) day of June, 1983, except, as otherwise provided for, are hereby 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, 1983. All balances remaining in the Bayside/Kempsville School Debt Fund and Virginia Beach Borough Debt Fund at the close of business for the fiscal year ending on the thirtieth (30th) day of June, 1982, are hereby declared to be lapsed into the General Debt Fund 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, 1982. All balances remaining in the Farmers' Produce Market Enterprise Fund, the Golf Courses Enterprise Fund, the Boardwalk Trains Enterprise Fund, and the Owl Creek Tennis Center Enterprise Fund at the close of business for the fiscal year ending on the thirtieth (30th) day of June, 1982 are hereby declared to be lapsed into the General Fund 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, 1982. Further, all balances remaining in the Six Borough School Debt Fund at December 31, 1982 are hereby declared to be lapsed into the General Debt Fund 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, 1982. Section 7. No department or agency receiving appropriations under the pro- visions of this Ordinance shall exceed the amount of its or his appropriations 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 budget unit included in this Ordinance. The City Manager is hereby authorized to approve transfers for appropria- tions 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 Page 8 - 38- exceed $10,000 in any single transaction except as herein provided. The City Manager may limit expenditures to the classes of appropriations 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 Goverrunent or the former political subdivisions of Virginia Beach and Princess Anne County. 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 twenty cents (20cts) per mile of actual travel for the first 15,000 miles and eleven cents (11cts) per mile for additional miles of such use within the fiscal year. Section 10. All 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, including payments to 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 unconstitu- tional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. First Reading: May 10- 19@82 Second Reading: May 14, 1982 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day May 1982. Page 9 - 3 9- ITEM #18200 The City Manager thanked City Council for adoption of the budget and speaking for all City employees he wished to thank them for the cost-of-living increase. ITEM #18201 Dr. E. E. Brickell, School Superintendent, thanked Council for adoption of the School Board Budget and is especially grateful for the thought Council gave the budget in these difficult times. ITEM #18202 The City Manager advised the Virginia Municipal League will hold a seminar in Richmond on May 18, 1982 and in Roanoke on May 19, 1982, by the Attorney General to brief local government officials on legal issues concerning anti trust matters, conflict of interest, Freedom of Information Act and Public Procurement of Goods and Services. ITEM #18203 Upon motion by Councilman Holland, City Council adjourned at 4:27 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges Snf-ith, CMC, City Clerk Mayor J. Henry McCoy, Jr., D.D.S. City of Virginia Beach, Virginia 14 May 1982 - Special Meeting dmh