HomeMy WebLinkAboutMAY 15, 2007 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR A4EYI:'RA E. OBERNDOIU:, AI-Large
VI( 'E MAYOR LOUIS R, JONES, Bayside - Dislrict-l
WIUIAM R. DeSTEPH, AI-Large
HARRY E. D1EZEL, KempSVIlle - Dislrict 2
ROBERT M. DYER.. Celller...iIIe - Districll
BARBAliIl M. HENLEY, Prmcess Alllle District 7
REBA S. McCI.ANAN, Rose Hall- D,slricl 3
JOHN E. UHRIN, Beach - D,.,lrlcI6
RON A. VIUANUEVA, AI-Large
!lOSI,MARY WILSON, AI-Large
JAMES L. WOOD, LYllllha...ell -District 5
CITY COUNCIL AGENDA
CI7Y MANAGER - JAMES K. SPORl;
CITY A7TORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
15 MAY 2007
I.
CITY COUNCIL BRIEFING
Conference Room
1. GREEN RIBBON COMMITTEE
Charles Meyer, Chief Operating Officer
Peter Schmidt, Co-Chair
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
. A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V.
SPECIAL FORMAL SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 234568005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
4:30PM
6:00PM
A. CALL TO ORDER - Reading of letter from Mayor Meyera E. Obemdorf
B. INVOCATION
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
May 8, 2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. TOWN CENTER SPECIAL SERVICE DISTRICT
Modification of Boundaries
I. CONSENT AGENDA
1. ORDINANCES
1. Ordinances re FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT PLAN
(Operating Budget):
a. APPROPRIATE for the fiscal year, beginning July 1, 2007 and ending June 30, 2008,
the sum of$I,722,304,922 for Operations and $621,483,501 in Interfund Transfers
regulating the payment of money out of the City Treasury, as amemed
b. ESTABLISH the tax levy on real estate for FY 2008 at $0.89
c. ESTABLISH the tax levy on personal property and machinery and tools for the
calendar year 2008
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S.
Department of Housing and Urban Development (HUD) re renewal of funding of the
Plan
e. AMEND SS35-64 and 35-67 of the City Code re the exemption or deferral of real
estate taxes for elderly or disabled persons by increasing income and net worth limits
f. DECLARE $8,750,000 within the Sandbridge Tax Increment Financing District
(TIF) as Surplus in the FY-2006-07 Operating Budget
g. AMEND the funding sources for the Agriculture Reserve Program (ARP) by reducing
the amount of Real Estate Tax revenue committed to $0.009
h. REESTABLISH the Red Light Photo Enforcement Program and APPROPRIATE
$305,000 in estimated revenue to the Police Department for this program
1. AMEND Ordinance to create the Town Center Special Service District by modifying
the boundaries
J. AMEND S 1-12.2 of the City Code re removal of the expiration date for collection of the
Courthouse Security Fee
2. Ordinances re FY 2007-2008 BIENNIAL CAPITAL BUDGET:
a. APPROPRIATE $204,514,641 for the FY -2008 Capital Budget, subject to funds being
provided from various sources set forth therein re FY-2008/FY-2012 Capital
Improvement Program (CIP)
b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the
maximum amount of$63,800,000 for various public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum
amount of$18,793,000
d. REALLOCATE $46,650,692 from various roadway projects and DIRECT the Public
Works D'epartment to work with the Virginia Department of Transportation (VDOT)
to advance construction of Nimmo Parkway Phase- V -A (Ferrell-Phase II) and Princess
Anne Road-Phase IV
3. Ordinance to re a retroactive Employment Agreement with the City Manager for three years
beginning December 1,2006, and ending November 30, 2009.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19
September 18
November 20
Convention Center -7:15 pm
Location To Be Announced -7:15 pm
Green Run Homeowners Assoc. BIdg.- 7:15
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 5/15107 1st
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
15 May 2007
Mayor Meyera E Oberndorf called to order the City Council Briefing re the GREEN RIBBON
COMMITTEE in the City Council Conference Room, City Hall, on Tuesday, May 15, 2007, at 4: 30 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Ron A. Villanueva
[Entered: 5:55 P.M - returningfrom
business trip]
May 15, 2007
- 2 -
CITY COUNCIL BRIEFING
GREEN RIBBON COMMITTEE
4:30 P.M.
ITEM # 56419
Charles Meyer, Chief Operating Officer, advised former Council Member Peter Schmidt had expressed
concern to the City Manager that City agencies were not coordinating sufficiently re issues of water
quality, Lynnhaven River Task Force was established (primarily composed of staff). This Task Force
was renamed the Clean Waters Task Force, which has been meeting for approximately two (2) years.
The City Manager's office and the Departments of Agriculture, Parks and Recreation Commission.
Police, Public Utilities and Public Works, Lynnhaven River Now, Back Bay Restoration Foundation and
the Virginia Dare Soil and Water Conservation District. This Task Force provides staff support to the
Green Ribbon Committee appointed by City Council on May 9, 2006. Mr. Meyer introduced Peter
Schmidt, Co-Chair - Green Ribbon Committee.
Mr. Schmidt introduced those in attendance,
June Barrett-McDaniels, Spokesperson
Hydraulic Engineer)
Stormwater Subcommittee
Billy Almond, Landscape Architect
Staff Planning, Lot Design, Streets, Parking
and Infrastructure Subcommittee
Andrew Fine
Co-Founder of Lynnhaven River Now and
Member - Alliance Chesapeake Bay Board
Karen Forget
Outreach Co-ordinator Lynnhaven River
Now
Barry Frankenfield
Co-Chair - Green Ribbon Committee
Karen Forget has performed a "yeoman's job" of bringing all the activities for the different
subcommittees together. Barry Frankenfield was the "brains and energy" behind this Green Ribbon
Committee
Background
Twenty-seven (27) members appointed by City Council May 9, 2006 - one year term
. Media releases & notifications, Website, posting of all minutes and resource materials.
· Kick-Off Meeting November 9, 2006
. Preliminary Recommendations Meeting April 5, 2007
City Staff Support: Facilitators, Technical Advisors, Recorders
Administrative Support: Lynnhaven River Now
Consulting Support: Chesapeake Bay Alliance, Buildersfor the Bay, Center for Watershed
Protection
The Green Ribbon Committee will make recommendations for improving water quality with a focus that
includes:
· Means of developing property;
· Supporting infrastructure that:
Reduces harmful effects on water quality;
Minimizes the use of natural resources; and
Creates a healthier environment"
May 15,2007
- 3 -
CITY COUNCIL BRIEFING
GREEN RIBBON COMMITTEE
ITEM # 56419 (Continued)
The Green Ribbon Committee will advise City Council on regulatory and other methods of improving
water quality in the City's waterways by:
· reducing the impact and extent of site impervious cover
. preserving and enhancing existing natural resources to the maximum extent practicable
. integrating storm water management to maximize efficiency and effectiveness of the overall
system
· utilizing such other means as are effective and practicable
Only approximately seventeen (17%) percent of the land area is treated before it flows to Lynnhaven
River. This treatment did not commence until 1992 when the Stormwater Management Ordinance was
adopted, prior to this, there was no treatment of any stormwater affluent. Much of the City of Virginia
Beach was built before 1992 and that water remains untreated. There are nine hundred seventy-nine
(979) total direct outfalls (216 major, 763 minor) into the Lynnhaven River
SUBCOMMITTEES
Natural Resources
· Wayne McCoy, Spokesperson
Todd Barnes
· Hap Chalmers
· Roy Flanagan
· Susan French
· Barbara Henley
Ken Jobe
Laurie Sorabella
Clay Bernick
Joann Moore
Ed Weeden
Brian Solis
Site Planning, Lot Design, Streets, Parking & Infrastructure
. Peter Schmidt, Spokesperson Meredith Ching
. Jeff Ainslie Barbara Duke
. Billy Almond Karen Forget
Eddie Bourdon Barry Frankenfield
. Craig Cope Karen Lasley
. Andrew Fine Betty Wade Perry
. Ron Foresta Phil Pullen
. Dan Hassett Brian Solis
. Noah Hill
. John Olivieri
Stormwater
· June Barrett-McDaniels, Spokesperson
· Mike Barbachem
· John Baum
· William Din
· Al Henley
· Richard Whittemore
· Jim Wood
Tina Harrell
Bill Johnston
Tom Leahy
Cynthia Whitbred-Spanoulis
.
The Subcommittees have conducted twenty-five (25) meetings, averaging three (3) hours each,
encompassing approximately 1,800 volunteer hours and at least 2,000 staff hours. Their
recommendations will be for City Code, Ordinances and policy changes.
May 15,2007
- 4 -
CITY COUNCIL BRIEFING
GREEN RIBBON COMMITTEE
ITEM # 56419 (Continued)
Challenges
. How to change the long-standing culture of getting water off the road and parking lot, into the
pipe and down to the river?
· How to retrofit existing development?
How to improve water quality in re-development and infill sites?
. How to increase water quality requirements in new/greenfield development?
· How to manage outfallsflowing directly to receiving streams?
· How to reduce overall impervious surface?
Possible Recommendations
. City must be the leader and model and develop guidelines and standards
Existing impervious and infill must be addressed because this is where the real water quality
improvement can begin
. Incentives are needed to encourage water quality improvements
. The existing storm water ordinance needs to be overhauled to remove inconsistencies citywide
. Twenty (20%) percent of required parking to be pervious; one hundred percent (100%) of
overflow parking to be pervious
. Cluster development a by-right option if forty percent (40%) f property is dedicated to Open
Space
Natural Resource Assessment of properties prior to development, assuring more tree
preservation in rezoning applications
. Create new partnerships with outside organizations to promote preservation of natural
resources
. Extensive and ongoing education for City staff, developers, consultants, and property owners
. Preserve natural resources within City to greatest extent possible
City policy should ensure all new City projects and renovations meet water quality requirements and
are a positive example of "green" building techniques and standards. City policy should ensure long
term phased renovations of existing infrastructure to meet water quality requirements
Major Steps to Water Quality
. Goal for redevelopment of existing properties is to treat one hundred percent (100%) of the
stormwater one hundred percent (J 00%) of the time based on site constraints
. Existing Landscape Guidelines to be revised to allow and encourage bio-retention in parking lots
· Phased ten (J O)-year retrofit of existing expansive impervious areas - mandatory with incentives
The following photographs were displayed depicting: Incentives for Buffers and Reduction of Lot
Coverage, Porous Paving and bio-Retention in Parking Lots New and lor Retrofit.
May 15,2007
- 5 -
CITY COUNCIL BRIEFING
GREEN RIBBON COMMITTEE
ITEM # 56419 (Continued)
Why do all this?
· National Pollution Discharge Elimination System (NPDES) Phase II Regulations becoming
more stringent - the environmental bar will continue to rise, bringing more requirements and
higher costs
· Continuing beach closures will drive voluntary regulations towards mandates
· As environmental bar is raised, modest investments today forestall crippling financial
requirements tomorrow
· City needs to have some "skin" in the game - cannot just tell the private sector to do it
Desired Activities and Incentives
Activity Incentive Action
Vegetative Buffers Proportional Property Tax Offset Local ordinance required
Enablinf{ Lef{islation in vlace
Certified Stormwater Proportional Property Tax Offset Local ordinance required
Management Elimination of onsite pond
Enablinf{ Lef{islation in place
Rain Garden and/or Green Roofs Proportional Property Tax Offset Enabling legislation required
Elimination of onsite pond
Dedication or Preservation of Proportional Property Tax Offset Enabling legislation required
Open Space
Bio-Retention in Cul-de-sacs and Proportional Property Tax Offset Enabling legislation required
Parking lots Elimination of onsite pond
and/or Stormwater Fee reduction
· Cultural change is difficult - staff concerned about plan review times, street widths, vegetated
swales, having sufficient staff available - need to work through issues
· Mandatory 10 year retrofits of parking lots
· Goal of treating one hundred percent (100%) of runoff one hundred (100%) of the time - now
only need to reduce Ten percent (10%) of pollution load in CBPA!
· Twenty percent (20%) pervious surface for new parking lots
Short term fiscal impacts of stormwater fee reductions and proportional property tax relief
versus long term benefits - City needs to be a partner in this process
Modifications to long-established programs, like Landscape Guidelines, are sensitive issues
· "Don't Feed The Wildlife" Ordinance may not be received well by some - but it is a public
health issue
Schedule
· Draft Recommendations by June
· Town Meeting - June 19,2007.
· Staff and Citizen Review July and August
· Recommendations to City Council by September
· Ongoing Implementation Committee to "monitor" staff progress and to explore long term
financial plan to address outfalls
· Ordinance, Regulatory, and Policy Revisions for 2008
· Clean Water for your Children & Grandchildren!
The Green Ribbon Committee has a sunset provision of June 30, 2007, and is requesting extension of
this sunset provision. BY CONSENSUS, the City Council shall extend the sunset.
May 15, 2007
- 6 -
CI TY COUNCIL COMMENTS
ITEM # 56420
Mayor Oberndorfreferenced her participation in "Dancing with the Hampton Roads Stars" (5:30 A.M
_ Chesapeake Gold's Gym). Joe Flanagan, WVEC, was the host: Other participants included:
Wendy Larry - Old Dominion Lady Monarchs Head Basketball Coach
Chuck Doud - Radio Host: Morning Point 94.9
Cadillac Harris - Head Coach - Indian River High School Foot Ball Team
Everyone was awarded a trophy. However, the first (./-jamp will be crowned as a result of online voting
on WVEC.COM The winner will be announced on Friday, May 18,2007.
May 15,2007
- 7 -
A GE N DA REV I E W S E S S ION
5:15 P.M.
ITEM # 56421
Catheryn Whitesell, Director - Management Services, referenced a correction. This only affects the first
Ordinance J.1.a. The mistake encompassed the Public Utilities Department (Page 3-9 and 3-16 (Water
and Sewer Fund - decreasing from $97,088,551 to $96,760,000) and a State Revenue change (Other
Sources from the Commonwealth - General Fund - decreasing from $106.942,662 to $90,033,076.
Other Local Taxes increases from 237,941,269 to $254,850,855.) The State had originally advised the
Virginia Telecom Taxes would be treated as a State Revenue. The Auditor of Public Accounts determined
the Virginia Telecom Taxes would be a local revenue. Therefore, there is a decrease in the State Revenue
and an increase in the local taxes.
J. ORDINANCES
1. Ordinances re FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT
PLAN (Operating Budget):
a. APPROPRIATE for the fiscal year, beginning July 1, 2007 and ending June
30, 2008, the sum of $1, 712,3(U,921 $1.721.976.371 for Operations and
$621,483,501 in Interfund Transfers regulating the payment of money out
of the City Treasury, as amended
b. ESTABLISH the tax levy on real estate for FY 2008 at $0.89
c. ESTABLISH the tax levy on personal property and machinery and tools for
the calendar year 2008
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the
U. S. Department of Housing and Urban Development (HUD) re renewal of
funding of the Plan
e. AMEND 9935-64 and 35-67 of the City Code re the exemption or deferral
of real estate taxes for elderly or disabled persons by increasing income and
net worth limits
j DECLARE $8,750,000 within the Sandbridge Tax Increment Financing
District (TIF) as Surplus in the FY-2006-07 Operating Budget
g. AMEND the funding sources for the Agriculture Reserve Program (ARP)
by reducing the amount of Real Estate Tax revenue committed to $0.009
h. REESTABLISH the Red Light Photo Enforcement Program and
APPROPRIATE $305,000 in estimated revenue to the Police Department
for this program
i. AMEND Ordinance to create the Town Center Special Service District by
modifying the boundaries
j. AMEND 91-12.2 of the City Code re removal of the expiration date for
collection of the Courthouse Security Fee
May 15,2007
- 8 -
AGENDA RE VIE W SESSION
ITEM # 56421 (Continued)
2. Ordinances re FY 2007-2008 BIENNIAL CAPITAL BUDGET:
a. APPROPRIATE $204,514,641 for the FY-2008 Capital Budget, subject to
funds being provided from various sources set forth therein re FY-2008/FY-
2012 Capital Improvement Program (CIP)
b. A UTHORIZE the issuance of General Obligation Public Improvement
Bonds in the maximum amount of $63,800,000 for various public facilities
and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the
maximum amount of$18, 793,000
d. REALLOCATE $46,650,692 from various roadway projects and DIRECT
the Public Works Department to work with the Virginia Department of
Transportation (VDOT) to advance construction of Nimmo Parkway Phase-
V-A (Ferrell-Phase 11) and Princess Anne Road-Phase IV
3. Ordinance re a retroactive Employment Agreement with the City Manager for three
years beginning December 1, 2006, and ending November 30, 2009.
Speakers are registered and these items will be discussed during the Formal Session
Mayor Oberndorf referenced a series of e-mails from citizens interested in volunteering at the City's
Animal Control. They are pleadingfor the replacement of this facility.
Catheryn Whitesell advised David Hansen, Chief of Finance and Technology, on May First during his
presentation to City Council, placed this facility as a Number One priority.
Replace Animal Control and K-9 Unit
There is no funding available in the FY 2007-2008 Capital budget as this will have to be introduced in
the next Resource Management Plan.
Council Lady Wilson referenced her conversation with Peter Coe, relative the Green Market who
advised of their inability to have the Farmer's participate.
Catheryn Whitesell advised she had conferred with Jack Whitney, Interim Director - Planning
Department relative this situation. This was the situation; however, there was hope emerging last week
and Mr. Whitney requested this item not be eliminated at this point from the FY 2007-2008 BIENNIAL
RESOURCE MANAGEMENT PLAN (Operating Budget):
The City Attorney advised he understands the City Council is going to consider the Budget Items as a
package, therefore the citizens should register as Item J 1, but would not be speaking on "a. - j.
individually". Item J2. would also be considered a component part as well as Item J3. The individual
would speak but be limited to the time specified on item J 1.
The correspondence from Dr. James G. Merrill, Superintendent - Virginia Beach City Public Schools, to
the City Manager will be read during the Formal Session.
Public Safety and Human Services forwarded correspondence offering to participate in the $1.890,000
reduction of funding to City departments.
May 15, 2007
- 9 -
AGE N DA REV IE W S E S S ION
ITEM # 56422
Councilman Uhrin requested the following Ordinance be ADDED to the Agenda:
Ordinance to AMEND Section 33-125 of the City Code re newsracks in
the Resort Area.
This Ordinance was ADOPTED on April 24, 2007 and this Amendment provides if a distributor attempts
to evade the intent of this section - which limits each publication to one box in each of the fifty (50)
Resort Area newsrack locations - by splitting th~ publication into separate publications, than a
subcommittee of the Resort Advisory Committee will review the publications and advise the Director of
the Convention and Visitors Bureau as to whether the two publications are substantially similar.
May 15,2007
- 10 -
ITEM # 56423
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amended,for thefollowingpurpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition, of real property for public purpose, or of the disposition of
publicly-held property, where discussion in an open meet6ing would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711 (A)(3).
Acquisition/ Disposition of Property: APZ-1 Properties
Lynnhaven House
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION (5:30 P.M.).
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
[Returningfrom a Business Trip]
(Closed Session: 5:30 P.M.. - 5:52 P.M.)
(Dinner: 5:52 P.M. - 6:10 P.M.)
May 15, 2007
- 11 -
FO RMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 15, 2007
6:10 P.M.
Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 15, 2007, at
6:10 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Jol'n E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Rabbi Israel Zoberman
Beth Chaverini Synagogue
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial '') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with hoth the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record
May 15,2007
- 12 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
(Continued)
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifying any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
May 15, 2007
- 13 -
Item V
SPECIAL FORMAL SESSION
ITEM# 56424
Mayor Meyera E. Oberndorf read the Call to Order - Special Formal Session.
"THE HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the
authority vested in me as Mayor of the City of Virginia Beach, I hereby call for SPECIAL
INFORMAL, CLOSED and FORMAL SESSIONS of the VIRGINIA BEACH CITY
COUNCIL on Tuesday, May 15, 2007, in the City Council Chamber, City Hall. for the
following purposes:
Briefing by the Employees Benefit Task Force
Report of the Green Ribbon Committee
Adoption of the FY 2007-2008 Operating Budget with accompanying
documents
Other appropriate Resolutions and Ordinances
The time of the Briefing Session will be announced when the Agenda is
published. The Formal Session will begin at 6:00 P.M
Sincerely,
Meyera E. Oberndorf
Mayor"
May 15,2007
City of Virgir1ia Beach
VBgov.com
MEYERA E, OBERNDORF
MAYOR
May 3, 2007
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
MOBERNDO@VBGOVCOM
THE HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as
Mayor of the City of Virginia Beach, I hereby caD /Or SPECIAL INFORMAL, CLOSED and FORMAL
SESSIONS of the VIRGINIA BEACH CITY COUNCIL on Tuesday, May 15, 2007, in the City Council
Chamber, City Hall for the following purposes:
Briefing by the Employees Benefit Task Force
Report of the Green Ribbon Committee
Adoption of the FY 2007-2008 Operating Budget with accompanying
documents
Other appropriate Resolutions and Ordinances
The time of the Briefing Session will be announced when the Agenda is published. The
Formal Session will begin at 6:00 P.M
S~t
Meyera E Oberndorf
Mayor
cc: Mayor and Members of City Council
James K Spore, City Manager
Leslie L. Lilley, City Attorney
Ruth Hodges Fraser, MM'G City Clerk
Charles W Meyer, Chief Operating Officer
Susan Walston, Chief of Staff
David Hansen, Chief of Finance and Technology
Diane Roche, Assistant to the City Manager
for Communications and Media Relations
MEYERA E, OBERNDORF
MA't'OR
City of Virgi:r1ia Beach
VBgov.com
May 3, 2007
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9000
(757) 385-4581
FAX (757) 385-5699
MOBERNDO@VBGOVCOM
THE HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as
Mayor of the City of Virginia Beach, I hereby caD for SPECIAL INFORMAL, CLOSED and FORMAL SESSIONS of
the VIRGINIA BEACH CITY COUNCIL on Tuesday, May 15, 2007, in the City Council Chamber, City HalJ for the
following purposes:
Briefing by the Employees Benefit Task Force
Report of the Green Ribbon Committee
Adoption of the FY 2007-2008 Operating Budget with accompanying
documents
Other appropriate Resolutions and Ordinances
The time of the Briefing Session will be announced when the Agenda is published. The Formal
Session will begin at 6:00 P.M
Virffinia Beach Citv Council
WiDiam R. "BiD" DeSteph
Councilman Harry E Diezel
Councilman Robert M Dyer
Councilwoman Barbara M Henley
Vice Mayor Louis R. Jones
Councilwoman Reba S. McClanan
Councilman John E Uhrin
Councilman Ron A. ViDanueva
Councilwoman Rosemary Wilson
Councilman James L. Wood
~t.O
Meyera E Oberndorf
Mayor
~ceived Notice
~
~
,
- 14 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56425
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Ron A. Villanueva
Council Members Absent:
None
Councilman Villanueva ABSTAINED, as he was returningfrom a business trip and not in attendance
during the CLOSED SESSION
May 15, 2007
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #56423, Page 10, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOff, THEREFORE, BE IT RESOL VED. That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
~
Hodges raser, MMC
City Clerk
May 15, 2007
- 15 -
Item V- F.1.
MINUTES
ITEM #56426
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of May 8,2007.
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 15,2007
- 16 -
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 56427
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 15, 2007
- 17 -
Item V-G.2.
PRESENTATION
ITEM #56428
Mayor Oberndorf recognized the following Boy Scout Troop in attendance to fulfill requirements for
their Citizenship Community merit badge:
Troop 417
St. Andrews United }\1ethodist Church
Larry Dunville
Chartered Organization Representative
C. J. Chrisman
Jarrett Huffman
Brandon Mistis
Nick Whitman
Mayor Oberndorf presented the Boy Scouts with City Seal pins from the City of Virginia Beach.
May 15, 2007
- 18 -
Item V-.H.I.
PUBLIC HEARING
ITEM #56429
Mayor Oberndorf DECLARED A PUBLIC HEARING:
TOWN CENTER SPECIAL SERVICE DISTRICT
The following registered to speak:
John McMullen, 504 Ben Hogan Drive, Phone: 499-3799 spoke expressing concern as he does not
believe the Sandbridge Tax Increment Financing District (TIF) is not being decreased
There being no further speakers, Mayor Oberndoif CLOSED THE PUBLIC HEARING.
May 15, 2007
- 19 -
Item V-.H.2.
ADD-ON
ITEM #56430
Upon motion by Councilman Uhrin, seconded by Vice Mayor Jones, City Council ADDED TO THE
AGENDA:
Ordinance to AMEND Section 33-125 of the City Code re newsracks in
the Resort Area.
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 15, 2007
- 20-
Item V-.H.2.
ADD-ON
ITEM #56431
Upon motion by Councilman Uhrin, seconded by Vice Mayor Jones, City Council ADOPTED:
Ordinance to AMEND Section 33-125 of the City Code re newsracks in
the Resort Area.
This Ordinance was ADOPTED on April 24, 2007 and this amendments provides if a distributor attempts
to evade the intent of this section - which limits each publication to one box in each of the fifty (50)
Resort Area newsrack locations - by splitting the publication into separate publications, than a
subcommittee of the Resort Advisory Committee will review the publications and advise the Director of
the Convention and Visitors Bureau as to whether the two publications are substantially similar.
Councilman Uhrin read the Amendment into the record.
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 15,2007
Requested by Councilmember Uhrin
1
2
3
AN ORDINANCE TO AMEND SECTION 33-125 OF THE
CITY CODE PERTAINING TO NEWSRACKS IN THE
RESORT AREA
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
4
5
6
7
8
9 Section 33-125. Installation of newsracks
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
That Section 33-125 of the City Code is hereby amended to read as follows:
The space available at each location identified in appendix A shall be available to
distributors on a first-come, first served basis. Distributors may not install more than one
newsrack per publication at each location identified in appendix A. A distributor may not
divide. split. or separate a publication into two (2) or more publications that are
substantially similar for purposes of evading this ordinance. A subcommittee of the
resort advisory commission shall advise the city's director of the convention and visitors
bureau as to whether two or more publications are substantially similar. The
subcommittee shall consist of at least three (3) members. and none of the members
may be distributors or publishers of similar publications. Upon receiving the
subcommittee's recommendation. the city's director of the convention and visitors
bureau shall make a determination as to whether the publications are substantially
similar. If the director concludes that two or more publications are substantially similar,
in accordance with section 33-129. he shall inform the distributor in writing that only one
of those publications may be placed in each location. Any distributor. person, or other
entity who claims to be aggrieved by a finding under the provisions of this section may
appeal pursuant to section 33-129 (d).
Section 33-129. Removal of newsracks by city manager
(a)
If the city manger determines (1) a newsrack has been installed or maintained
in violation of the provisions of this article, or section 33-18.1; (2) the condition
or placement of a newsrack poses a threat to the health, safety, or welfare of
pedestrians or wheelchair users, or the safe flow of vehicles; or (3) that the
identification of a distributor, publisher or other party responsible for a
newsrack in not readily identifiable or affixed to the newsrack, the newsrack
may be removed by the city manager and stored in temporary custody,
subject to the notice requirements set forth below.
(b)
Prior to removing a newsrack, the city manager shall provide the distributor
with a notice to correct the violation. Such notice shall be deemed to
constitute sufficient notice of a violation if it is properly addressed and mailed
to the distributor by certified mail, return receipt requested, at the address set
forth on the newsrack. The notice shall specifically describe the violation and
set forth the action(s) necessary to correct the violation. The notice shall also
46 specify that failure to correct the violation within ten (10) days following the
47 date of receipt of the notice will result in the removal of the newsrack by the
48 city manager and its storage in temporary custody. The notice shall advise
49 the distributor as to the location of the newsrack and the procedure for
50 claiming same.
51
52 (c) Notwithstanding the provisions of subsection (b), if any newsrack (i) has been
53 installed, used or maintained in violation of the provisions of this article and
54 (ii) does not display the name and address of the distributor, notice of
55 violation shall be sufficient by posting such notice on the newsrack. Failure to
56 correct the violation within seven (7) days following the date of posting will
57 result in removal and storage of the newsrack as set forth in subsection (b).
58
59 (d) Any distributor, person, or other entity who claims to be aggrieved by a
60 finding, determination, notice or action taken under the provisions of this
61 section may appeal to the city manager. An appeal shall be perfected within
62 three (3) days after receipt of a notice of violation or other action by filing with
63 the office of the city manager a letter of appeal stating the basis for such
64 appeal. The city manager shall schedule a hearing of such appeal on a date
65 not later than ten (10) days after the filing of the appeal; provided, however,
66 that such hearing may, at the discretion of the city manager, be rescheduled
67 for good cause shown. The city manager shall take no action during the
68 pendency of an appeal. Failure to correct a violation of this section within
69 seven (7) days following (i) the expiration of the time for noting an appeal or
70 (ii) the denial of an appeal, shall result in the removal and storage of the
71 newsrack or newspaper vending machine.
72
73 (e) Any newsrack removed pursuant to this section must be claimed by the
74 distributor within thirty (30) days of such removal. Additionally, any distributor
75 of any newsrack removed and stored pursuant to this subsection may be
76 charged a reasonable fee for such removal, restoring any part of the public
77 right-of-way, and storage. If the distributor fails to claim the newsrack or
78 refuses to pay storage, removal, or restoration costs, the city manager may
79 dispose of same. Any proceeds or monies from the disposal of a news rack
80 shall be forwarded to the city treasurer for deposit into the general fund of the
81 city.
82
83 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of
84 May, 2007.
2
- 21 -
Item v'J.J.a-j
ORDINANCES
ITEM #56432
The following registered to speak re the FY 2007-2008 BIENNIAL RESUORCE MANAGEMENT
PLAN (Operating Budget
Burt St. John, 605 North Piperlock, Phone: 340-0607, resident ofWolfsnare Plantation, spoke in
support of the 78~ per $100 real estate tax (taxation without representation)
Robert Hedrick, 1132 Blackburn Lane, Phone: 460-0136, believes the real estate taxfunds are not
expended wisely
George Bryant, 2320 Dodd Drive, Phone; 434-0825, tesident of Wolfsnare Plantation 39 years,
supports the tax rate of78~. His taxes increased approximately 125%.
Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024, Lynnhaven District, expressed concern re real
estate tax and the exorbitant cost of the City Page.
Romaine Rice, 2404 Millwood Road, Phone: 481-4755, spoke in support of the 78~ per $100 real
estate tax and requested further review of the real estate assessments
John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, spoke in opposition re the Red Light
Enforcement Program. He is still concerned re the Sandbridge Tax Increment Financing District (T1F),
and he supports the 78~ per $100 real estate tax rate
Dr. Rogert Gregory, 5008 Lauderdale, Phone: 363-0267, spoke in support of the 78~ per $100 real
estate tax rate and believes funds should be redirected from special projects to Schools.
Robert 0 'Connor, 204 52nd Street, Phone; 428-0902, representing the Citizens Action Coalition,
requested relief from the burdensome real estate taxes, the real estate assessment system be fixed and
he believes there is afailure on the part of the City to control spending
Ben Krause, 1436 Five Hill Trail, Phone: 486-3721, referenced the Virginia Beach City Page (which
entails a cost of$7, 000), spoke in support of the 78(: per $100 real estate tax and advised
joining the Hampton Roads Transportation Authority will result in an average increase of$750,
to the average city homeowner
Carey Young, 2112 Claridge Court, Phone: 496-3313, resident since 1960, spoke in opposition to the
real estate taxes, and in support of the 78~ per $100 real estate tax. Basic services, police, emergency
medical services, schools, sanitation and roads should be provided by the City. Other expenses should
be decided by those paying the bills, the citizens.
Howard Allen, 1060 Colonial Meadows Way, Phone: 496-0600, spoke in support of the Red Light
Enforcement program, and expressed concern re tax relief for Seniors
Barbara Black, 2612 Broad Bay Road, Phone: 481-0000, requested tax relief
Bill Banks, 680 Pinebrook Drive, Phone: 286-3258, resident of Larkspur, requested the tax rate be
adjusted to prior the last assessment of properties.
Darl Anderson, 4425 Jeanne Street, Phone: 373-1407, spoke in opposition to the tax increase of
approximately 11.4%. He is a Senior Citizen and resident of 40 years.
May 15,2007
- 22-
Item v.J.l.a-j
ORDINANCES
ITEM #56432 (Continued)
Larry Christy, 1413 Cherry Court, Phone: 412-4301, proposed the City Council's salary should
be increasedfor every dollar saved in the Operating Budget.
John D. Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance,
represented beach families in need of real tax relief A 10% rate reduction in taxes does not offset
a 20% increases in assessments.
Ronald G. Raiding, 2160 East Admiral Drive, Phone; 412-4868. Retired Senior Executive, large multi
million dollar corporation, spoke in support of the 78~ per $100 real estate tax
Marlayne Castelluzzo, 5189 Stratford Chasse, Phone: 474-4346, Teacher, presented a petition bearing
over 13,000 signatures demanding tax relief- reduce the rate to 78~ per $100.
Robert K. Dean, 1204 Shawn Drive, Phone: 427-6606, resident since 1961. Mr. Dean displayed a
chart representing his tax assessments for the last four (4) years, averaging over 22%.
Vice Mayor Jones read into the record, correspondence from Dr. James G. Merrill, Superintendent -
Virginia Beach City Public Schools, dated May 15, 2007, and addressed to the City Manager. Said
correspondence is hereby made a part of the record.
A MOTION was made by Vice Mayor Jones, seconded by Councilman Diezel, to ADOPT
ORDINANCES J.l a-j. Ordinances re FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT
PLAN (Operating Budget), J.2. a-d Ordinances re FY 2007-2008 BIENNIAL CAPITAL BUDGET and
J.3. Employment Agreement with the City Manager.
Councilman DeSteph requested separation of the question.
A MOTION was made by Vice Mayor Jones, seconded by Councilman Diezel to ADOPT
ORDINANCES J.l a-j. Ordinances re FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT
PLAN (Operating Budget), AS AMENDED.
A SUBSTITTUTE MOTION was made by Councilman DeSteph, seconded by Council Lady McClanan
to ADOPT ORDINANCES J.1 a-j. Ordinances re FY 2007-2008 BIENNIAL RESOURCE
MANAGEMENT PLAN (Operating Budget), with the following amendments:
Reduce Item J.1.b., real estate tax rate from 89t to 86t per $100, thereby reducing
estimated revenues by $15,966,252. (This would only be from the City's Operating
Budget, with "zero" impact on the Virginia Beach City Public Schools.)
Reduce proposed expenditures by $4,266,252 in personnel costs resultingfrom
projected unused vacancy and fringe benefits
Appropriate $11.7-MILLION from the undesignatedfund balance, thus reducingfund
balance from $105. 9-MILLION to $94.2-MILLION, which is still consistent with the
City's policy of maintaining a Fund Balance of 8% - 12%.
DIRECT staff to adjust the budget figures accordingly.
May 15, 2007
- 23 -
Item v'J.l.a-j
ORDINANCES
ITEM #56432 (Continued)
Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
William R. "Bill" DeSteph and Reba S. McClanan
Council Members Voting Nay:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James 1. Wood
Council Members Absent:
None
May 15, 2007
- 24-
Item v'1.1.a-j
ORDINANCES
ITEM #56432 (Continued)
Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADOPTED:
ORDINANCES 1.1 a-j. FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT PLAN (Operating
Budget), AS AMENDED:
a. APPROPRIATE for the fiscal year, beginning July 1, 2007 and ending
June 30,2008, the sum of $1, 722,3(JI,922 $1.721.976.371 for Operations
and $621,483,501 in lnterfund Transfers regulating the payment of
money out of the City Treasury, as amended
b. ESTABLISH the tax levy on real estate for FY 2008 at $0.89
c. ESTABLISH the tax levy on personal property and machinery and tools
for the calendar year 2008
d. A UTHORIZE the City Manager to submit an Annual Funding Plan to
the U. S. Department of Housing and Urban Development (HUD) re
renewal of funding of the Plan
e. AMEND H35-64 and 35-67 of the City Code re the exemption or
deferral of real estate taxes for elderly or disabled persons by increasing
income and net worth limits
f DECLARE $8,750,000 within the Sandbridge Tax Increment Financing
District (TIF) as Surplus in the FY-2006-07 Operating Budget
g. AMEND the funding sources for the Agriculture Reserve Program
(ARP) by reducing the amount of Real Estate Tax revenue committed to
$0.009
h. REESTABLISH the Red Light Photo Enforcement Program and
APPROPRIATE $305,000 in estimated revenue to the Police Department
for this program
i. AMEND Ordinance to create the Town Center Special Service District by
modifying the boundaries
j. AMEND 91-12.2 of the City Code re removal of the expiration date for
collection of the Courthouse Security Fee
May 15, 2007
- 25 -
Item v.J.1.a-j
ORDINANCES
ITEM #56432 (Continued)
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R
Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and Reba S. McClanan
Council Members Absent:
None
May 15,2007
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2007-08 Operating Budget and Related Ordinances
MEETING DATE: May 15, 2007
. Background: On March 27, 2007, the City of Virginia Beach FY 2007-08
Proposed Biennial Resource Management PI an with Second Year Changes, which
includes the Operating Budget and Capital Improvement Program, was presented to
City Council. City Council workshops were held on April 10th, 1ih, 19th, 24th. and May
151 to provide information to the City Council. On April 19th and 24th public hearings
were held to provide the public the opportunity to comment on the proposed Resource
Management Plan.
· Considerations: The proposed ordinances were updated to reflect City
Council's direction at the May 8, 2007 Reconcil iation Workshop. These changes include
lowering the real estate tax rate from $0.99 to $0.89, increasing the threshold on the tax
exemption portion of the Tax Relief for the Elderly and Disabled program from the
proposed level of $55,700 to the state maximu m of $62,000, and increasing the funding
for Constitution Drive by $2 million. These changes were achieved through other
budget adjustments. Also, the proposed increase of the boat tax and reductions in
other personal property categories were eliminated. As a result of this elimination, the
ordinance Amending the Tax Levy on Personal Property for Calendar Year 2007
Increasing the Tax on Privately-Owned Boats is no longer included. The following
ordinances are provided for the Council's consideration and approval to implement the
FY 2007-08 Operating Budget. Unless otherwise noted, approval requires an
affirmative vote by a majority of the members of City Council.
1. Corrected Version - An Ordinance Making Appropriations for the Fiscal Year
Beginning July 1, 2007 and Ending June 30, 2008 in the Sum of
$1,721,976,371 for Operations and $ 621,483,501 in Interfund Transfers and
Regulating the Payment of Money Out of the City Treasury, as Amended
2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2008
3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery
and Tools for the Calendar Year 2008
4. An Ordinance to Authorize the City Manager to Submit an Annual Funding
Plan to the U.S. Department of Housing and Urban Development
5. An Ordinance to Amend the City Code Pertaining to the Exemption or
Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing
Income and Net Worth Limits
6. An Ordinance to Declare $8,750,000 of Funding Within the Sand bridge Tax
Increment Financing District as Surr>lus Funds in the FY 2006-07 Operating
Budget
7. An Ordinance to Amend the Funding Sources for the Agriculture Reserve
Program by Lowering the Amount of Real Estate Tax Revenue
8. An Ordinance to Re-establish the Red Light Photo Enforcement Program,
and to Appropriate $305,000 in Estimated Revenue to the Police
Department's FY 2007-08 Operatin 9 Budget to Administer the Red Light
Photo Enforcement Program
9. An Ordinance Amending the Ordinance Creating the Town Center Special
Service District by Modifying the District's Boundaries
10. An Ordinance to Amend City Code Section 1-12.2 Pertaining to the
Courthouse Security Fee Imposed upon Persons Convicted of Criminal or
Traffic Offenses
. Public Information: Two Public Hearings have been held concerning the
Operating Budget/CIP and the Proposed Real Estate Tax Rate. Information on these
ordinances will be disseminated to the publ ic through the normal Council agenda
process involving the advertisement of the City Council agenda, pursuant to local and
State code requirements.
· Alternatives: No alternatives are available to implement the FY 2007-08
Operating Budget
. Recommendations: It is recommended that the attached ordinances
implementing the FY 2007-08 Operating Budget be approved.
. Attachments: FY 2007-08 Operating Budget ordinances
Recommended Action: Approval of Ordinances . "V")
Submitting Department/Agency: Department of Management Serviq~~s 0,
City Manager:
~-'.'-o"'''' .-.
CORRECTED VERSION
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE
2 FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE
3 30, 2008 IN THE SUM OF $1,721,976,371 FOR OPERATIONS
4 AND $621,483,501 IN INTERFUND TRANSFERS AND
5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
6 TREASURY, AS AMENDED
7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
8 beginning July 1, 2007, and ending June 30, 2008, and it is necessary to appropriate sufficient funds to cover
9 said budget;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
14 Sec. 1. That the amounts named aggregating $2,343,459,872 consisting of $621 ,483,501 in interfund
15 transfers and $1,721,976,371 for operations, are hereby appropriated subject to the conditions hereinafter set
16 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter
17 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal
18 year beginning July 1, 2007, and ending June 30, 2008, a summary of which is attached to this ordinance as
19 "Attachment A - Appropriations."
20
21 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of
22 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of
23 Appropriations attached to this ordinance as "Attachment B - Revenues."
24
25 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent
26 positions shall be the maximum number of positions authorized for the various departments of the City during the
27 fiscal year, except for changes or additions authorized by the Councilor as hereinafter provided. The City
28 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the
29 aggregate amount expended for such services shall not exceed the respective appropriations made therefore.
30 The City Manager is further authorized to make such rearrangements of positions within and between the
31 departments as may best meet the needs and interests of the City,
32
33 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City
34 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions
35 throughout the fiscal year as may be necessary to implement organizational adjustments that have been
36 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments
37 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to
38 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a
39 report each year to the City Council identifying the status and progress of any such organizational adjustments,
40
41 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and,
42 where appropriate, to any special service district special revenue fund or any tax increment financing funds
43 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to
44 which a special levy is made in the amount of collection for each specially designated fund,
45
46 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close
47 of business for the fiscal year ending on June 30, 2008, unless otherwise provided for, are hereby declared to be
48 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
49 General Fund Balance, and may be used for the payment of the appropriations that may be made in the
50 appropriation ordinance for the fiscal year beginning July 1, 2008, However, there shall be retained in the
51 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for
52 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for
53 the fiscal year beginning July 1,2007, except upon subsequent authorization by City Council.
54
55 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall
56 serve as a basis for developing financial strategies for the water and sanitary sewer system based on the
57 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to
58 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for
59 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined
60 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and
61 Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for
62 approximately 25% of the annual capital program for the water and sewer system.
63
64 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are
65 encumbered at the close of the business for the fiscal year ending on June 30, 2008, are hereby declared to be
66 reappropriated into the fiscal year beginning July 1, 2008, and estimated revenues adjusted accordingly.
67
68 Sec. 9. No department or agency for which appropriations are made under the provisions of this
69 ordinance shall exceed the amount of such appropriations except with the consent and approval of the City
70 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the
71 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does
72 not apply to Interfund Transfers.
73
74 Sec. 10. The City Manager or the Director of Management Services is hereby authorized to approve
75 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this
76 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000
77 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all
78 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as
79 approved by City Council.
80
81 Sec. 11. The City Manager or the Director of Management Services is hereby authorized to establish
82 and administer budgeting within Appropriation Units consistent with best management practices, reporting
83 requirements, and the programs and services adopted by the City Council.
84
85 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to change
86 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in
87 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is
88 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
89 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total
90 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
91 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be
92 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for
93 each of the City's funds, The City Manager or the Director of Management Services is hereby authorized to
94 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which
95 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
96 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the
97 bonded debt of the City Government.
98
99 Sec. 13. Allowances made from the appropriations made in this ordinance by any or all of the City
100 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by
101 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed
102 thirty-nine cents ($0.39) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for
103 additional miles of such use within the fiscal year; for fiscal year 2007-08, allowances shall not exceed forty-two
104 cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional
105 miles of such use within the 2007-08 fiscal year.
106
107 Sec. 14. In the event of an emergency and under emergency circumstances wherein the City Council
108 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums
109 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible.
110 Immediately following the expenditure of funds under this provision, and as soon as the City Council can
111 reasonably meet under the existing circumstances, the City Manager shall notify the City Council of the reason
112 for such action, how funds were expended, and present to the City Council for adoption an emergency
113 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to
114 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency
115 expenditures occurred.
116
117 An emergency is defined for the purposes of this provIsion as an event that could not have been
118 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public
119 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to
120 protect or preserve public properties.
121
122 Sec. 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance
123 and according to regulations approved by the City Council. Each account shall show the dates expenses were
124 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses.
125 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts
126 are submitted for "lump-sum" amounts.
127
128 Sec. 16. That projections have been prepared and considered for fiscal year 2007-08, the second year
129 of the biennial budget, and such projections shall form the basis for the fiscal year 2007-08 operating budget.
130 The City Manager will modify these as appropriate and will present a proposed fiscal year 2007-08 budget to City
131 Council for review and subsequent adoption~
132
133 Section 17. On March 28, 2006, the City Council adopted an ordinance appropriating $15,000,000 f.or
134 FY 2006 07 to comply with the Base Realignment and Closure Commission requirements regarding Naval Air
135 Station Oceana. The $15,000,000 is included in both the Operating Budget and Capital Improvement Program
136 ordinances as summarized in l\tt3chment ^ to both ordin3nces. I\doption of the Operating Budget and C3pital
137 Improvement Program ordinances incorporates this appropriation into the FY 2006 07 budget.
138
139 Sec. ~ 17. Violation of this ordinance may result in disciplinary action by the City Manager against the
140 person or persons responsible for the management of the Appropriation Unit in which the violation occurred,
141
142 Sec. .f.9 18. This ordinance shall be effective on July 1, 2007.
143
144 Sec. 20 19.1f any part of this ordinance is for any reason declared to be unconstitutional or invalid, such
145 decision shall not affect the validity of the remaining parts of this ordinance.
146
147 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 15th day of May, 2007.
148
149 Requires an affirmative vote by a majority of the members of City Council.
150
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~~d\
{Manage nt S rvices ',-
;2? cdJR~.f ~
City Attorney's Office '.
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A - Appropriations
FY 2007-08
Adopted
002 General Fund
Agriculture
Audit Services
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Information Technology
Community Organization Grants
Convention and Visitor Bureau
Convention and Visitor Bureau (Major Projects)
Cultural Activities
Director of Finance
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Human Services Integration - Information Technology
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning and Community Development
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
Transfer to Other Funds
Vehicle Replacements
Wetlands Board of Virginia Beach
Zoning Board of Appeals
956,756
505,347
312,458
19,318
969,166
3,632,946
590,797
3.580,751
2,661,031
4,904,996
2,617,655
3,701,243
6,233.924
20,264.163
698,710
4,254,815
5.560,918
1,743,169
4,810,612
2.085.944
6,430,086
3,753,458
37.819,791
329,171
1,443,392
3,380,499
1,719,476
4,684,956
90,423.929
628,815
147,903
2,295.390
155,480
16,159.377
140,181
3,995,452
2,333,635
575,376
817,782
13,722,830
9.775,142
78,580.165
78,739,271
1,991.132
33.222,840
14,077,398
545,542,101
4.528,945
14,204
43,304
Fund 002 Appropriation Totals 1.027,576,200
Fiscal Year 2007-08
3-4
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A - Appropriations
FY 2007-08
Adopted
108 School Instructional Technoloay Fund
Instructional Technology
Fund 108 Appropriation Totals
6,636,000
6.636,000
109 School Vendina Operations Fund
Education - Athletic
Fund 109 Appropriation Totals
915,000
915.000
112 School Communication Tower Technoloay Fund
Instructional Technology
Fund 112 Appropriation Totals
560,000
560,000
114 School Cafeteria Fund
Education - Cafeteria
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
26.349.312
Fund 114 Appropriation Totals 26,349,312
24,368,610
559,642.494
{11,367,776}
98,565,877
33,767,508
Fund 115 Appropriation Totals 704.976,713
54,956,635
Fund 116 Appropriation Totals 54,956.635
7,239,776
Fund 117 Appropriation Totals 7,239,776
4,749,056
Fund 119 Appropriation Totals 4,749.056
355,195
14,030
60,000
Fund 130 Appropriation Totals 429,225
9,707.516
3,823.424
1,247,522
Fund 134 Appropriation Totals 14.778.462
160.000
Fund 142 Appropriation Totals 160,000
270,721
Fund 143 Appropriation Totals 270,721
115 School Operatina Fund
Administration. Attendance, and Health
Instruction
Less: City Reduction
Operations and Maintenance
Pupil Transportation
116 School Grants Fund
Education - Grants
117 School Textbook Fund
Education - Textbook
119 School Athletic Special Revenue Fund
Education - Athletic
130 Law Library Fund
Library (Law Library)
Reserve for Contingencies
Transfers to Other Funds
134 E-911 Communications Special Revenue Fund
Communications and Information Technology
Reserve for Contingencies
Transfer to Other Funds
143 Access Channel Support Special Revenue Fund
Communications and Information Technology
Fiscal Year 2007-08
3-5
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A - Appropriations
158 EMS State Four-for-Life Special Revenue Fund
Emergency Medical Services
FY 2007-08
Adopted
580.272
234,512
Fund 146 Appropriation Totals 814,784
150,000
13.974.025
45,174
Fund 147 Appropriation Totals 14.169.199
10,966,233
2.195
Fund 148 Appropriation Totals 10,968,428
328,931
31,027,948
Fund 149 Appropriation Totals 31,356,879
5,825
570,940
274,551
Fund 150 Appropriation Totals 851,316
23,768.532
2,654.674
1,068,556
69,540
Fund 151 Appropriation Totals 27,561.302
2,932,369
50,500
31.313
384,501
727,967
226,841
13,717,463
Fund 152 Appropriation Totals 18,070,954
20,400
Fund 156 Appropriation Totals 20,400
2,904,786
Fund 157 Appropriation Totals 2.904,786
305.000
Fund 158 Appropriation Totals 305.000
146 Police Extraditions Special Revenue Fund
Police (Airplane Enterprise)
Police (Extraditions)
147 Federal Sectional 8 Proaram Special Revenue Fund
Housing and Neighborhood Preservation (Section 8 Housing)
Housing and Neighborhood Preservation (Section 8)
Reserve for Contingencies
148 Comprehensive Services Act Special Revenue Fund
Human Services
Reserve for Contingencies
149 Sheriff's Department Special Revenue Fund
Reserve for Contingencies
Sheriff and Corrections
150 Inmate Services Special Revenue Fund
Reserve for Contingencies
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
152 Tourism Growth Investment Fund
Convention and Visitor Bureau (TGIF)
Museums (TGIF)
Parks and Recreation (TGIF)
Planning and Communi1y Development (TGIF)
Public Works (TGIF)
Reserve for Contingencies
Transfer to 01her Funds
156 Police Services Special Revenue Fund
Police
157 Sandbridae Special Service District Special Revenue Fund
Transfer to Other Funds
159 Fire Proarams Special Revenue Fund
Fiscal Year 2007-08
3-6
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A - Appropriations
FY 2007-08
Adopted
Fire (Fire Programs)
Reserve for Contingencies
Fund 159 Appropriation Totals
596,420
3,739
600,159
161 Aariculture Reserve Proaram Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
Fund 161 Appropriation Totals
209.508
6,003
1,261,468
5.812.897
7,289,876
163 Tourism Advertisina Proaram Special Revenue Fund
Convention and Visitor Bureau (Tourism Advertising)
Reserve for Contingencies
Transfer to Other Funds
Fund 163 Appropriation Totals
9,638,456
53,295
55.724
9,747,475
165 Lvnnhaven Mall Tax Increment Financina Fund
Reserve for Contingencies
Tax Increment Financing
Fund 165 Appropriation Totals
241,056
1,856.718
2.097,774
166 Sandbridae Tax Increment Financina Fund
Reserve for Future Commitments
Fund 166 Appropriation Totals
10,312,775
10.312,775
167 Arts and Humanities Commission Special Revenue Fund
Arts and Humanities Commission
Fund 167 Appropriation Totals
443,818
443.818
169 Central Business District - South TIF (Town Center) Fund
Reserve for Future Commitments
Transfer to Other Funds
Fund 169 Appropriation Totals
963,607
3,033,870
3.997,477
170 Virainia AQuarium Special Revenue Fund
Museums (Virginia Marine Science Museum)
Reserve for Contingencies
Fund 170 Appropriation Totals
7,065,130
133.704
7,198,834
172 Open Space Special Revenue Fund
Parks and Recreation (Open Space)
Public Works (Open Space)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
Fund 172 Appropriation Totals
180,676
15,300
14.328
473,457
4,674,405
5,358,166
173 Maior Proiects Special Revenue Fund
Public Works (Major Projects)
Reserve for Contingencies
Transfer to Other Funds
Fund 173 Appropriation Totals
340,901
24,019
21,066,868
21,431,788
Fiscal Year 2007-08
3-7
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A - Appropriations
FY 2007-08
Adopted
174 Town Center Special Tax District
Reserve for Contingencies
Town Center Special Tax District
Transfer to Other Funds
Fund 174 Appropriation Totals
283,564
1,198,228
40,427
1,522,219
175 Golf Course Special Revenue Fund
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
Fund 175 Appropriation Totals
2,503,393
137,350
200,000
2,840,743
176 Transition Area Special Revenue Fund
Reserve for Future Commitments
Fund 176 Appropriation Totals
370,606
370.606
180 Community Development Special Revenue Fund
Community Development Block Grants
Housing and Neighborhood Preservation
Reserve for Contingencies
Transfer to Other Funds
Fund 180 Appropriation Totals
1,470.850
1,114,608
52,624
125,592
2,763.674
181 CD Loan and Grant Fund
Community Development Block Loan and Grants
Fund 181 Appropriation Totals
979,456
979,456
182 Federal Housina Assistance Grant Fund
Federal HOME Grants
Fund 182 Appropriation Totals
1,443,865
1,443.865
183 Grants Consolidated Fund
Commonwealth's Attorney - Grants
Fire Grants
Housing and Neighborhood Grants
Human Services
Police (Uniform Patrol Grant)
Public Works Grants
Reserve for Contingencies
Social Services Grants
Fund 183 Appropriation Totals
299,409
1,011,052
1.047.387
1,194,005
57,598
15.000
182,124
714,672
4,521,247
185 Mental Health Grants Fund
Human Services
Human Services (Substance Abuse Grants)
Mental Health Grants
Substance Abuse Grants
Transfer to Other Funds
Fund 185 Appropriation Totals
212,276
509,735
1,127
6.314
4,799
734,251
187 Marine Science Museum Grants Fund
Museum Grants
Fund 187 Appropriation Totals
31,000
31,000
Fiscal Year 2007-08
3-8
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A . Appropriations
FY 2007-08
Adopted
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
14,486,826
67,314,489
2,879,200
12,079,485
Fund 241 Appropriation Totals 96,760.000
253 Parkina Enterprise Fund
Convention and Visitor Bureau (Parking)
Reserve for Contingencies
Transfer to Other Funds
1,973,850
362,249
849,131
Fund 253 Appropriation Totals 3.185.230
255 Storm Water Utilitv Enterprise Fund
Debt Service
Public Works (Storm Water Operations)
Reserve for Contingencies
Transfer to Other Funds
1.284.195
9,998,013
562,812
9,724,340
Fund 255 Appropriation Totals 21,569,360
302 General Debt Fund
Debt Service
118,659,525
Fund 302 Appropriation Totals 118,659,525
460 School General Revenue Capital Proiects Fund
School Capital Projects
13,108,658
Fund 460 Appropriation Totals 13,108,658
540 General Government Capital Proiects Fund
Buildings Capital Projects
Coastal Capital Projects
Communications and Information Technology Projects
Economic and Tourism Development Capital Projects
Parks and Recreation Capital Projects
Roadways Capital Projects
3,150.787
4,438,799
925,000
9,749,821
9,916.220
7.584,313
Fund 540 Appropriation Totals 35,764,940
541 Water and Sewer Capital Proiects Fund
Water and Sewer Capital Projects
6,250,000
Fund 541 Appropriation Totals 6,250,000
555 Storm Water Capital Proiects Fund
Storm Water Capital Projects
7,727.588
Fund 555 Appropriation Totals 7,727,588
908 City Beautification Fund
Parks and Recreation
10.200
Fund 908 Appropriation Totals 10.200
909 Library Gift Fund
Library Gift
5,600
Fund 909 Appropriation Totals 5,600
Fiscal Year 2007-08
3-9
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment A - Appropriations
911 Parks and Recreation Gift Fund
Parks and Recreation (Gift Fund)
Fund 911 Appropriation Totals
950 Circuit Court Clerk TechnoloQv Fund
Circuit Court
Total Appropriations for all Funds
Less Interfund Transfers
Net Appropriations Totals
Fiscal Year 2007-08
Fund 950 Appropriation Totals
3 - 10
FY 2007-08
Adopted
77,720
77,720
35,700
35,700
2.343.459,872
621.483,501
1,721.976.371
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
613,337,886
254,850,855
5.113,543
5,468,683
10,009,136
10,080,634
1,815,274
90,033,076
25,044,258
11,822,855
Fund 002 Revenue Totals 1,027,576,200
108 School Instructional Technoloav Fund
Specific Fund Reserves
6,636,000
Fund 108 Revenue Totals 6.636,000
109 School Vendina Operations Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
15,000
400,000
500.000
Fund 109 Revenue Totals 915,000
112 School Communication Tower Technoloav Fund
Revenue from Local Sources
From the Use of Money and Property
Specific Fund Reserves
260.000
300,000
Fund 112 Revenue Totals 560,000
114 School Cafeteria Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
13,678.637
331.167
10.663,491
1.676,017
Fund 114 Revenue Totals 26,349,312
115 School Operatina Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
State Shared Sales Tax
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
465.000
1.761.594
472,000
76,188,327
275,447,976
14,771.131
335,870,685
Fund 115 Revenue Totals 704,976,713
Fiscal Year 2007-08
3 - 11
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
116 School Grants Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
2,620.752
Fund 116 Revenue Totals
12,222,748
40,113,135
54,956.635
117 School Textbook Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
100,000
6,000
2,590,546
Fund 117 Revenue Totals
4,543,230
7,239,776
119 School Athletic Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Specific Fund Reserves
Fund 119 Revenue Totals
45,000
484,348
4.195.708
24,000
4,749,056
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Fund 130 Revenue Totals
6,587
285,123
137,515
429,225
134 E-911 Communications Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
44,775
725,000
Fund 134 Revenue Totals
9.064.853
4,943,834
14,778.462
142 DEA Seized Property Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 142 Revenue Totals
160.000
160,000
143 Access Channel Support Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
Fund 143 Revenue Totals
244,975
25,746
270.721
146 Police Extraditions Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 146 Revenue Totals
814.784
814,784
Fiscal Year 2007-08
3 - 12
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
147 Federal Sectional 8 Proaram Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Federal Government
Transfer from Other Funds
Specific Fund Reserves
Fund 147 Revenue Totals
15.000
13,020,210
314,494
819,495
14.169,199
148 Comprehensive Services Act Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfer from Other Funds
2,500
830,500
Fund 148 Revenue Totals
6,262,069
3,873,359
10,968,428
149 Sheriff's Department Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfer from Other Funds
1,845,265
37,960
Fund 149 Revenue Totals
17.671,324
321,200
11,481,130
31,356.879
150 Inmate Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfer from Other Funds
Fund 150 Revenue Totals
15,000
830,491
5,825
851,316
151 Parks and Recreation Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Transfer from Other Funds
Specific Fund Reserves
Fund 151 Revenue Totals
1,149.204
10.399,517
39,600
1,000
15,750,597
221,384
27,561.302
152 Tourism Growth Investment Fund
Revenue from Local Sources
Permits, Privilege Fees. and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Transfer from Other Funds
Fund 152 Revenue Totals
72,091
555,172
535.173
16,908,518
18.070,954
156 Police Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Fund 156 Revenue Totals
20,400
20,400
Fiscal Year 2007-08
3 - 13
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
157 Sandbridae Special Service District Special Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfer from Other Funds
Specific Fund Reserves
Fund 157 Revenue Totals
802,294
431.895
24,404
1,060.974
585.219
2,904,786
158 EMS State Four-for-Life Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 158 Revenue Totals
305,000
305,000
159 Fire Proarams Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 159 Revenue Totals
600,159
600,159
161 Aariculture Reserve Proaram Special Revenue Fund
Transfer from Other Funds
Specific Fund Reserves
Fund 161 Revenue Totals
4,789.876
2,500,000
7,289,876
163 Tourism Advertisina Proaram Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfer from Other Funds
Fund 163 Revenue Totals
33,442
450,950
40,000
9,223.083
9,747,475
165 Lvnnhaven Mall Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
Fund 165 Revenue Totals
2,097,774
2,097,774
166 Sandbridae Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 166 Revenue Totals
10,066,322
246,453
10,312,775
167 Arts and Humanities Commission Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 167 Revenue Totals
5,000
438,818
443,818
169 Central Business District - South TIF (Town Center) Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 169 Revenue Totals
3.926,373
71,104
3,997,477
Fiscal Year 2007-08
3 - 14
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
170 Virainia Aauarium Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
Fund 170 Revenue Totals
26.500
5,978.715
789.886
403,733
7,198.834
172 Open Space Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 172 Revenue Totals
428,414
3,929,752
1,000,000
5.358,166
173 Maior Proiects Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 173 Revenue Totals
843,303
16,729,920
3.858.565
21,431,788
174 Town Center Special Tax District
Revenue from Local Sources
General Property Taxes
Fund 174 Revenue Totals
1,522,219
1,522.219
175 Golf Course Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 175 Revenue Totals
231 ,400
2.609,343
2,840,743
176 Transition Area Special Revenue Fund
Transfers from Other Funds
Fund 176 Revenue Totals
370,606
370,606
180 Community Development Special Revenue Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 180 Revenue Totals
1,860.501
903,173
2,763,674
181 CD Loan and Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 181 Revenue Totals
679,456
300,000
979,456
182 Federal Housina Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 182 Revenue Totals
1,393.865
50.000
1,443,865
Fiscal Year 2007-08
3 - 15
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
183 Grants Consolidated Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Non-Revenue Receipts
Transfers from Other Funds
85,507
1.335,289
2,658,849
44,680
396,922
Fund 183 Revenue Totals 4,521,247
185 Mental Health Grants Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
3.000
260,942
470.309
Fund 185 Revenue Totals 734.251
187 Marine Science Museum Grants Fund
Revenue from the Federal Government
31,000
Fund 187 Revenue Totals 31.000
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Receipts
Transfers from Other Funds
Specific Fund Reserves
2,033,181
90,500,351
230,360
3,647,043
249,065
100,000
Fund 241 Revenue Totals 96.760.000
253 Parkina Enterprise Fund
Revenue from Local Sources
Permits, Privilege Fees. and Regulatory Licenses
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
30,000
55,000
2,501,000
299.230
300,000
Fund 253 Revenue Totals 3,185.230
255 Storm Water Utilitv Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
120,130
15,780,459
5.599.945
68,826
Fund 255 Revenue Totals 21,569,360
302 General Debt Fund
Transfers from Other Funds
118,659,525
Fund 302 Revenue Totals 118.659,525
Fiscal Year 2007-08
3 - 16
Budget Ordinances
City of Virginia Beach, Virginia
Fiscal Year 2007-08 Budget Ordinance
Attachment B - Revenues
FY 2007-08
Adopted
460 School General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 460 Revenue Totals
13,108,658
13.108,658
540 General Government Capital Projects Fund
Transfers from Other Funds
Fund 540 Revenue Totals
35,764,940
35,764,940
541 Water and Sewer Capital Proiects Fund
Transfers from Other Funds
Fund 541 Revenue Totals
6,250,000
6,250,000
555 Storm Water Capital Projects Fund
Transfers from Other Funds
Fund 555 Revenue Totals
7,727,588
7,727,588
908 City Beautification Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 908 Revenue Totals
10,200
10,200
909 Library Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 909 Revenue Totals
5,600
5.600
911 Parks and Recreation Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 911 Revenue Totals
77,720
77,720
950 Circuit Court Clerk Technoloav Fund
Revenue from Local Sources
Charges for Services
Fund 950 Revenue Totals
35,700
35.700
Revenue Sources Totals
Less Interfund Transfers
Net Revenue Totals
2,343,459.872
621,483,501
1,721,976.371
Fiscal Year 2007-08
3 - 17
Budget Ordinances
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL
2 ESTATE FOR FISCAL YEAR 2008
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2008 taxes for general purposes on all real estate,
7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and
8 not otherwise provided for in this ordinance, at the rate of eiqhty-nine ninety nine cents ($0.99) ($0.89) on each
9 one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in
10 this section shall be applied on the basis of one hundred percentum of the fair market value of such real property,
11 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code
12 of Virginia.
13
14 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as
15 Real Estate, "Certified Storm Water Management Developments and Property,"
16 "Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real
17 Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion
18 Controls, and Certain Wetlands and Riparian Buffers.
19 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666
20 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2008, taxes on all
21 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities,"
22 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments
23 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy
24 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of
25 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by
26 Code of Virginia ~ 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia ~
27 58,1-3666, not exempt from taxation, at a rate of eiqhty-nine ninety nine cents ($0.99) ($0.89) on each one
28 hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied
29 on the basis of one hundred percentum of fair market value of such real property except for public service
30 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
31
32 Sec. 3. Amount of Levy on Real Estate Within the Sand bridge Special Service District.
33 There shall be levied and collected for fiscal year 2008, taxes for the special purpose of providing beach
34 and shoreline restoration and management at Sand bridge on all real estate within the Sand bridge Special Service
35 District, not exempt from taxation, at the rate of six cents ($.06) on each one hundred dollars ($100) of assessed
36 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this
37 ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the
38 fair market value of such real property except for public service real property, which shall be on the basis as
39 provided in Section 58.1-2604 of the Code of Virginia.
40
41 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
42 For the special purpose of operating and maintaining the parking garage and providing enhanced
43 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
44 as other additional services authorized by Virginia Code ~ 15.2-2403, there shall be levied and collected for fiscal
45 year 2008, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
46 the rate of fifty-seveA cents ~ {.tQQ2 on each one hundred dollars ($100) of assessed value thereof. This real
47 estate tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax
48 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real
49 property, except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of
50 the Code of Virginia.
51
52 Sec. 5. Severability.
53 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
54 shall not affect the validity of the remaining portions of this ordinance.
55
56
57
58
59
60
61
Sec. 6. Effective date.
The effective date of this ordinance shall be July 1,2007.
Adopted by the City Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007.
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
tU.lJZk
-;e~~
City Attorney's Office
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON
2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
3 THE CALENDAR YEAR 2008
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 Sec. 1. Amount of Levy on Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and
8 collected for general purposes for the calendar year 2008 on all tangible personal property, including all separate
9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise
10 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars
11 ($100) assessed valuation thereof.
12 Specific categories of personal property taxed at this rate include, but are not limited to, the
13 following:
14 a. aircraft and flight simulators as described in Code of Virginia 9 58.1-3506 (A) (2) and (3) ;
15 b. antique motor vehicles as described in Code of Virginia 9 58.1-3506 (A) (4) ;
16 c. heavy construction equipment as described in Code of Virginia 9 58.1-3506 (A) (6) ;
17 d. computer equipment as described in Code of Virginia 9 58.1-3506 (A) (9) ;
18 e. tangible personal property as described in (a) Code of Virginia 9 58.1-3660 as "certified
19 pollution control equipment and facilities" or (b) Code of Virginia 9 58.1-3661 as "certified solar equipment,
20 facilities or devices and certified recycling equipment, facilities or devices"; and
21 f. personal vehicles as described in 9 58.1-3524 of the Code of Virginia. Taxes shall be levied
22 and collected for general purposes for the calendar year 2008 on the assessed value of all personal vehicles not
23 otherwise exempted from taxation in this ordinance, subject to the following:
24 1. Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax.
25 2. Any personal vehicle with an assessed value of between $1,001 and $20,000 will be
26 levied 39.7% ~ of the computed tax based on the total assessed value of the vehicle. Reimbursement is
27 expected from the state under the Personal Property Tax Relief Act equal to the remaining 60.3% ~ of the
28 computed tax on the first $20,000 of assessed value.
29 3. Any personal vehicle with an assessed value of over $20,000 will be levied 39.7% ~
30 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the
31 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property
32 Tax Relief Act equal to the remaining 60.3% ~ of the computed tax on the first $20,000 of assessed value.
33 4. Pursuant to authority conferred in Item 503.0 of the 2005 Virginia Appropriations Act, the
34 City Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax
35 due without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer
36 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on
37 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the
38 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this
39 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due
40 date of the tax.
41
42 Sec. 2. Amount of Levy on Manufactured Homes.
43 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and
44 collected for general purposes for the calendar year 2008 taxes on all vehicles without motive power, used or
45 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate
46 of ninoty nine eiqhty-nine cents ($Q.;.99 $0.89) on each one hundred dollars ($100) of assessed valuation thereof.
47
48 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More.
49 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and
50 collected for general purposes for the calendar year 2008 taxes on all boats or watercraft weighing five (5) tons or
51 more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each
52 one hundred dollars ($100) of assessed valuation thereof.
53
54 Sec. 4. Amount of Levy on Machinery and Tools.
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected
for general purposes for the calendar year 2008 taxes on machinery and tools, including machinery and tools
used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at
the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by
Code of Virginia ~ 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and
tools:
a. all tangible personal property used in research and development businesses, as described in
Code of Virginia ~ 58.1-3506 (A) (5) ;
b. generating or cogenerating equipment, as described in Code of Virginia ~ 58.1-3506 (A) (7) ; and
c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more
used to transport property for hire by a motor carrier engaged in interstate commerce, as
described in Code of Virginia ~ 58.1-3506 (A) (23) .
Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for
Recreational Purposes Only.
In accordance with Sections 58,1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia,
there shall be levied and collected for general purposes for the calendar year 2008 taxes on all privately owned
pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
($,000001) on each one hundred dollars ($100) of assessed valuation thereof.
Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers,
and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers.
In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall
be levied and collected for general purposes for the calendar year 2008 taxes at the rate of one dollar and fifty
cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and
privately owned travel trailers as defined in Code of Virginia ~ 46.2-1900, that are used for recreational purposes
only; and (b) privately owned trailers as defined in ~ 46.2-100 of the Code of Virginia that are designed and used
for the transportation of horses, except those trailers described in subdivision (A) (11) of ~ 58.1-3505 of the Code
of Virginia,
Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced
tax, levied and collected for general purposes for the calendar year 2008 at the rate of one dollar and fifty cents
($1,50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly
used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or
who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed
at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to
the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so
designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506
(A) (17) , and that his or her disability is service connected.
Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at
Least Sixty-Five Years of Age or Anyone Found to be Permanently and Totally Disabled.
a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced
tax, levied and collected for general purposes for calendar year 2008, at the rate of three dollars ($3.00) on each
one hundred dollars ($100,00) of assessed valuation, on one (1) automobile or pickup truck owned and used
primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,
as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions:
1. The total combined income received, excluding the first $7,500 of income, from all sources
during calendar year 2007 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
($22,000).
2. The owner's net financial worth, including the present value of all equitable interests, as of
December 31 of calendar year 2007, excluding the value of the principal residence and the land, not exceeding
one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000).
111 3. All income and net worth limitations shall be computed by aggregating the income and
112 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any
113 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
114 irrespective of how such motor vehicle may be titled.
115 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or
116 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have
117 been satisfied.
118
119 Sec. 9. Assessed Value Determination.
120 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the
121 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the
122 Revenue for the City of Virginia Beach.
123
124 Sec. 10. Severability.
125 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
126 decision shall not affect the validity of the remaining portions of this ordinance.
127
128 Sec. 11 ~ Effective Date.
129 This ordinance shall be effective January 1, 2008.
130
131 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007.
132
133 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
::e~ ~
City Attorney's Office
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN
3 TO THE U.S. DEPARTMENT OF HOUSING AND
4 URBAN DEVELOPMENT
5 WHEREAS, the United States Congress has established legislation designated as the Housing and
6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national
7 goal;
8
9 WHEREAS, there is federal assistance available for the support of Community Development and Housing
10 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate
11 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the
12 City's housing stock and community services, along with other related activities; and
13
14 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia
15 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban
16 Development and has created the necessary mechanisms for its implementation in compliance with federal and
17 local directives;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA:
21 That the City Manager is hereby authorized and directed, as the executive and administrative head of the
22 City, to submit the City's FY 2008 Annual Funding Plan (the "Plan") and amendments thereto, along with
23 understandings and assurances contained therein and such additional information as may be required, to the
24 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~N1i~
anagemen ervi s -----,
;2?~ IF-
City Attorney's Office
s
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
3 TAXES FOR ELDERLY OR DISABLED PERSONS BY
4 INCREASING INCOME AND NET WORTH LIMITS
5 SECTIONS AMENDED: SS 35-64 AND 35-67
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
8
9 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc.
10 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division
11 shall be granted to persons subject to the following provisions:
12 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially
13 held, on June thirtieth immediately preceding the taxable year, by the person or persons
14 claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or
15 persons,
16 (2) The head of the household occupying the dwelling and owning title or partial title thereto or
17 either spouse in a dwelling jointly held by a husband and wife is either permanently and
18 totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year
19 immediately preceding the taxable year; provided, however, that a dwelling jointly held by a
20 husband and wife may qualify if either spouse is over sixty-five (65) years of age.
21 (3) For the tax exemption programs, the total combined income received from all sources during
22 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
23 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
24 exceed sixty-two forty six thousand ooe hundred dollars ($62,000) ($16,100.00) provided that
25 the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of
26 the owner, who is living in the dwelling, shall not be included in such total: and provided
27 further that the first ten thousand dollars ($10,000,00) or any portion thereof of income
28 received by a permanently and totally disabled owner shall not be included in such total.
29 (4) For the tax freeze program, the total combined income received from all sources during the
30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
31 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
32 exceed fifty- sixty-two thousand dollars ($52,000.00) ($62,000); provided that the first ten
33 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner,
34 who is living in the dwelling, shall not be included in such total; and provided that the first ten
35 thousand dollars ($10,000.00) or any portion thereof of income received by a permanently
36 and totally disabled owner shall not be included in such total.
37 (5) For the tax exemption programs, the net combined financial worth, including equitable
38 interests, as of December thirty-first of the year immediately preceding the taxable year, of
39 the owners, and of the spouse of any owner, excluding the value of the dwelling and the land
40 (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty
41 thousand dollars $350,000.00.
42 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as
43 of December thirty-first of the year immediately preceding the taxable year, of the owners,
44 and of the spouse of any owner, excluding the value of the dwelling and the land (not
45 exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty
46 thousand dollars $350,000.00.
47 (7) For the tax deferral program, the total combined income received from all sources during the
48 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
49 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
50 exceed fifty- sixty two thousand dollars ($52,000.00) ($62,000) provided that the first ten
51 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner,
52 who is living in the dwelling, shall not be included in such total; and provided further that the
53 first ten thousand dollars ($10,000.00) or any portion thereof of income received by a
54 permanently and totally disabled owner shall not be included in such total.
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
(8) For the tax deferral program, the net combined financial worth, including equitable interests,
as of December thirty-first of the year immediately preceding the taxable year, of the owners,
and of the spouse of any owner, excluding the value of the dwelling and the land (not
exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty
thousand dollars ($350,000.00).
(9) The dwelling is occupied.
Sec. 35-67. Amount of exemption.
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,
All Sources
$0.00 $31,000.00 $0.00 - $46,000.00
$31,000.01 $36,900.00 $46.000.01 - $50,000.00
$36.900.01 $10,000.00 $50,000.01 - $54,000.00
$10,000.01 $12,900.00 $54.000.01 - $58.000.00
$12,900.01 $16,100.00 $58.000.01 - $62.000.00
No lien shall accrue as a result of the amount certified as exempt.
Tax Exemption
100%
80%
60%
40%
20%
BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1,2007.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~
/ /'-- ;J~A
6nagement ervic s ----
c~~~
1 AN ORDINANCE TO DECLARE $ 8,750,000 OF FUNDING WITHIN
2 THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS
3 SURPLUS FUNDS IN THE FY 2006-07 OPERATING BUDGET
4 WHEREAS, the Sand bridge Tax Increment Financing District (Sandbridge TIF) and the Sand bridge
5 Special Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline
6 restoration and management at Sandbridge;
7
8 WHEREAS, an analysis of the Sand bridge TIF and the Sand bridge SSD occurs annually to ensure that
9 funding is adequate for long-term beach and shoreline restoration and management along Sand bridge;
10
11 WHEREAS, current projections indicate that the Sandbridge TIF and Sand bridge SSD have sufficient
12 funding to meet long-term obligations for beach and shoreline restoration and management;
13
14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the
15 project;
16
17 WHEREAS, $ 8,750,000 is available as an unencumbered appropriation in the FY 2006-07 Sandbridge
18 TIF Reserve for Future Commitments.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
21 VIRGINIA:
22 (1) That $ 8,750,000 of funding within the Sand bridge TIF is hereby declared to be in excess of the
23 long-term obligations for beach and shoreline restoration and management and is hereby
24 declared surplus.
25 (2) That $ 8,750,000 is hereby transferred within the FY 2006-07 Operating Budget from the
26 Sand bridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues.
27
28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30,2007.
29
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of May, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~~.:L
'anagem t SerVo ces ~~
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City Attorney's Office
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AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR
THE AGRICULTURE RESERVE PROGRAM BY LOWERING
THE AMOUNT OF REAL ESTATE TAX REVENUE
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WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance,
establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the
City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the
Agricultural Reserve Program; and
WHEREAS, on May 11, 2004, the City Council lowered the dedicated amount of real estate tax from one
and one-half cent to one cent, and
WHEREAS, on May 9th, 2006, the City Council lowered the dedicated amount of real estate tax from one
cent to nine tenths of one cent, and
'NHERE^S, a finoncial onolysis indicates that the dedicoted amount of rool estote tax con be 1000vored
from one ond one holf cents to one nine tenths of one cent, ($0.009 cents) and this revenue streom 'Hill be
sufficient to meet current and projected obligotions of the program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That, subject to appropriation, the following revenue sources will be used to pay the costs of the Agricultural
Reserve Program:
1. One Nine tenths cent ($0.009) of the Real Estate Tax;
2. Such other General Fund Revenues as may be committed by City Council in support of the
Agricultural Reserve Program; and
3. Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special
Revenue Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on this the 15th day of May, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
<~~Mt~c_
{ Managemen Serv es-~-
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City Attorney's Office
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AN ORDINANCE TO RE-ESTABLISH THE RED LIGHT PHOTO ENFORCEMENT
PROGRAM, AND TO APPROPRIATE $305,000 IN ESTIMATED REVENUE TO
THE POLICE DEPARTMENT'S FY 2007-08 OPERATING BUDGET TO
ADMINISTER THE RED LIGHT PHOTO ENFORCEMENT PROGRAM
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WHEREAS, the Virginia General Assembly approved a bill to allow cities and counties with populations of
10,000 or more to install photo-monitoring systems at intersections with traffic signals; and
WHEREAS, the Governor has signed the bill to allow for the Red Light Photo Enforcement Program to enforce
traffic light signals; and
WHEREAS, the City of Virginia Beach wishes to institute this program effective July 1, 2007;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the Red Light Photo Enforcement Program is
hereby re-established; and
The effective date of this ordinance shall be July 1,2007.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th Day of May, 2007.
Requires an affirmative vote by a majority of the members of the City Council
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
R~6=
City Attorney's Office
1 AN ORDINANCE AMENDING THE ORDINANCE
2 CREATING THE TOWN CENTER SPECIAL SERVICE
3 DISTRICT BY MODIFYING THE DISTRICT'S
4 BOUNDARIES
5 WHEREAS, by ordinance adopted May 14, 2002 (Ordinance #2699B), the City Council of
6 the City of Virginia Beach established the Town Center Special Service District to provide an
7 enhanced level of City services and maintenance for public infrastructure at the Town Center;
8
9 WHEREAS, by ordinance adopted September 27, 2005(Ordinance #2896N), the City
10 Council amended the boundaries of the Town Center Special Service District as previously
11 defined in Ordinance #2699B; and
12
13 WHEREAS, after conducting a public hearing, the City Council has determined that it
14 would be in the best interests of the City and its citizens to expand the Town Center Special
15 Service District to provide additional, more complete and more timely services to the public
16 facilities and areas in the Town Center, as described in the ordinance adopted on May 14, 2002.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 That Ordinance #2896N, "An Ordinance Amending the Town Center Special Service District," is
21 hereby amended to modify the boundaries of the Town Center Special Service District, as
22 follows:
23
24 2. Boundaries of District.
25
26 (a) The District is bounded as follows: Beginning at the southeast corner of the
27 intersection of Virginia Beach Boulevard and Market Street, moving south to the southeast corner
28 of the intersection of Bank Potom3c Street and Market Street, then moving west along Bank
29 Potomac Street to the southeast corner of the intersection of Independence Boulevard and Bank
30 Potomac Street, then moving south along Independence Boulevard to the northeast corner of the
31 intersection of Independence Boulevard and Southern Boulevard, then moving east along
32 Southern Boulevard to the northeast corner of the intersection of Southern Boulevard and Market
33 Street, then moving to the north along Market Street to the northeast corner of the intersection of
34 Columbus Street and Market Street, then moving to the east along Columbus Street to the
35 northwest corner of the intersection of Columbus Street and Constitution Drive, then moving to
36 the north along Constitution Drive to the southwest corner of the intersection of Constitution Drive
37 and Virginia Beach Boulevard, then to the west along Virginia Beach Boulevard to the point of
38 beginning,
39
40 (b) Within the boundaries described above, the following area, which will not receive
41 enhanced maintenance or services, shall be excluded from the District: beginning at southwest
42 cornor of the intorsection of Potomac Stroet and M3rkot Street, thon moving wost along Potomac
43 Stroot to tho southeast corner of tho intersection of Potomac Street 3nd Independonco
44 Boulov3rd, then moving south 310ng Indepondence Boulovard to tho northeast corner of the
45 intersection of Indopondonce Boulovard and Columbus Stroot, then moving east along Columbus
46 Stroot to the northeast south'Nest corner of the intersection of Columbus Street and Market Street
47 Contral Park Avonue, then moving north on Market Street Contral P3rk Avenue to the southeast
48 south....'est corner of the intersection of Market Street Central Park ,^.vonuo and Commerce Street,
49 then moving east west on Commerce Street to the southwest corner of the intersection of
50 Commerce Street and Central Park Avenue M3rket Street, then movinq south on Central Park
51 Avenue to the northwest corner of the intersection of Central Park Avenue and Columbus Street
52 then west ReFt4 along Columbus Street Market Stroet to the point of beginning.
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57
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59
60
61
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63
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65
(c) The particular boundaries of the District and the excluded areas are set forth in detail in the
attached map, which shall control in the event of any discrepancy between the map and the
description in the preceding paragraphs,
BE IT FURTHER ORDAINED:
That this ordinance shall be effective on May 15, 2007.
Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of -Ma*-'
2007.
Comment: The change from Potomac Street to Bank Street reflects a street name change rather
than a boundary change.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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AN ORDINANCE TO AMEND CITY CODE SECTION 1-12.2
PERTAINING TO THE COURTHOUSE SECURITY FEE IMPOSED
UPON PERSONS CONVICTED OF CRIMINAL OR TRAFFIC
OFFENSES
BE IT ORDAINED BY THECITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 1-12.2 of the City Code is hereby amended and reordained to read as follows:
Sec. 1-12.2, Assessment of court costs for the cost of persons admitted to jail following
conviction and the costs of court house security,
(b) (1) In addition to any other fees prescribed by law, a fee of five dollars ($5,00) is
hereby imposed in each criminal and traffic case in which the defendant is convicted of a
violation of any statute or ordinance, The clerks of the district and circuit courts shall
charge and collect this assessment as a part of the fees taxed as costs,
(2) After collection by the clerk of the court in which the case is heard, the
assessment shall be remitted to the city treasurer and held subject to appropriation by the
city council to the sheriffs office for funding court house security personnel.
(3) Tho provisions of this subsection expire on July 1, 200'1,
Be it further ordained that this ordinance shall be effective upon adoption,
Adopted by the City Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007,
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~~~~-
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CA10376
R5
May 8, 2007
- 26-
Item V.J.2 a-d
ORDINANCES
ITEM #56433
John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, spoke in Opposition to 2.b. re
Public Improvement Bonds, and stated the data is very generic. Most of the Bond issues affect the
Resort Area, or Town Center
Robert Hedrick, 1132 Blackburn Lane, Phone: 460-0136, believes the real estate taxfunds were not
expended wisely
Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADOPTED:
Ordinances re FY 2007-2008 BIENNIAL CAPITAL BUDGET:
a. APPROPRIATE $204,514,641 for the FY-2008 Capital Budget, subject tofunds
being provided from various sources set forth therein re FY-2008/FY-2012
Capital Improvement Program (CIP)
b. A UTHORIZE the issuance of General Obligation Public Improvement Bonds
in the maximum amount of $63,800,000 for various public facilities and general
improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the
maximum amount of$18, 793,000
d. REALLOCATE $46,650,692 from various roadway projects and DIRECT the
Public Works Department to work with the Virginia Department of
Transportation (VDOT) to advance construction of Nimmo Parkway Phase- V-A
(Ferrell-Phase 1/) and Princess Anne Road-Phase IV
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and Reba S. McClanan
Council Members Absent:
None
May 15,2007
1 AN ORDINANCE TO ADOPT THE FY 2008/FY 2012 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE
3 $204,514,641 FOR THE FY 2008 CAPITAL BUDGET SUBJECT
4 TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET
5 FORTH HEREIN
6 WHEREAS, the City Manager, on March 27, 2007, presented to City Council the Capital Improvement
7 Program for fiscal years 2008 through 2012;
8
9 WHEREAS, City Council held public hearings on the program to provide for public comment;
10
11 WHEREAS, based on public comment, City Council has determined the need for certain projects in the
12 Capital Improvement Program; and
13
14 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the
15 2008 fiscal year, as set forth in said Capital Improvement Program.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
18 VIRGINIA:
19
20 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to,
21 capital facilities identified for fiscal years 2008 through 2012 is hereby adopted, and the projects listed therein
22 are hereby approved as capital projects.
23
24 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council,
25 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or
26 rescheduled in any manner at any time by City Council.
27
28 Section 3. That funds in the amounts aggregating $204,514,641 for capital projects in the Capital Budget
29 for the 2008 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project
30 and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in
31 "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto.
32
33 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the
34 Capital Budget for the 2008 fiscal year as set forth in said Capital Improvement Program are attached to this
35 ordinance as "Attachment B - Financing Sources."
36
37 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance
38 with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of
39 which is attached hereto,
40
41 Section 6. That additional appropriations~ aAG the addition of capital projects, and chanqes in proiect
42 scope shall not be initiated except with the consent and approval of the City Council first being obtained, and an
43 appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for
44 which it was made has been accomplished or abandoned.
45
46 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school
47 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work
48 on the contract.
49
50 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City
51 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an
52 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager
53 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City
54 Manager or the Director of Management Services is hereby authorized to establish and administer the
55 budgeting of capital projects consistent with best management practices, reporting requirements and the Capital
56 Improvement Program adopted by the City Council.
57
58 Section 9. That the City Manager or the Director of Management Services is hereby authorized to
59 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the
60 various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the
61 financing sources in support of capital projects decline, the City Manager or the Director of Management
62 Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue,
63 those appropriations to equal the changed financing source. The City Manager must give prior notice to the
64 City Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall
65 identify the basis and amount of the appropriation reduction and the capital projects affected. The accounting
66 records of the City will be maintained in a manner where the total of financing sources is equal to the total
67 appropriations for each of the City's capital projects funds.
68
69 Section 10. That the Capital Improvement Program debt management policies contained and included in
70 the Resource Management Plan - Executive Summary document shall be the policy guidelines of the City, and
71 the City Manager shall annually report on the status of those guidelines and the projected impact of the
72 proposed Capital Improvement Program on those guidelines, such information to be included in the Resource
73 Management Plan submittal. The City Manager may propose modifications to those policies and guidelines
74 through the Resource Management Plan.
75
76 Section 11. That subject to the appropriation of sufficient funds within a capital project, the acquisition of
77 real property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
78
79 Section 12. Th3t on M3rch 28, 2006, the City Council adopted 3n ordinance appropriating $15,000,000
80 for FY 2006 07 to comply with the Base Realignment and Closure Commission (BR,^.C) requirements reg3rding
81 Naval Air Station Oce3n3. The $15,000,000 is included in both the Oper3ting Budget and Capit311mprovement
82 Program ordin3nces as summarized in Attachment /\ to both ordinances. .'\doption of the Operating Budget and
83 Capital Improvement Progr3m ordinances incorpor3tes this appropri3tion into the FY 2006 07 budget.
84
85 Section 13g. That violation of this ordinance shall result in the City Manager taking disciplinary action
86 against the person or persons responsible for the capital project in which the violation occurred.
87
88 Section 14~. That if any portion of this ordinance is for any reason declared to be unconstitutional or
89 invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
90
91 Section 15~. That this ordinance shall be in effect from the date of its adoption; however, appropriations
92 for the FY 2008 Capital Budget shall be effective on July 1,2007.
93
94 Adopted by the City Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~J)1>#--
rl1anageme Servi es
R~ #=-
City Attorney's Office
Project
Number
9,016
9,060
9061
9,069
9,141
3,021
3.344
3,365
3,371
3,281
2,018
2,021
2,031
2,039
2,048
2.052
2.071
2,072
2,076
2,083
2,089
2.115
2,121
2.145
2.150
2,161
2,168
2,172
2,176
2,195
2,200
2,208
2,211
2,263
Attachment A . Capital Budget Appropriations
Projects
Economic Vitality
Town Center Infrastructure
Oceana & Interfacility Traffic Area Conformity & Acquisition
17th Street Park Storage Facility
19th Street Corridor Improvements
Economic Development Investment Program (On-Going)
Total Economic and Tourism Development Projects
Total Economic Vitality Projects
Safe Community
Fire and Rescue Station - Thalia
Police Fourth Precinct - Replacement
Fire Facility Rehabilitation and Renewal - Phase II
Fire Apparatus - Phase II
Total Building Projects
CIT - Communication Infrastruc1ure Replacement
Total Communications and Information Technology Projects
Total Safe Community Projects
Quality Physical Environment
Major Intersection Improvements
Rural Road Improvements
Street Reconstruction
Computerized Traffic Signal System Upgrade/Repl. (Partial)
Princess Anne Rd./Kempsville Rd. Inter. Impr, (Firs1 Cities)
Traffic Signal Rehabilitation
Baker Road Extended
First Colonial RdNa. Beach Blvd, Intersection Imp.
Laskin Road Gateway
Diamond Springs Road Bridge Replacement
Southeastern Parkway & Greenbelt (Partial)
Shore Drive Intersections - Demonstration Project
Nimmo Parkway-Phase V-A (VDOT)
Wesleyan Drive (First Cities Project)
Salem Rd/Princess Anne Rd Intersection Improvement
Traffic Signal Retiming
Lesner Bridge Replacement (First Cities Project)
LED Traffic Signal Upgrade
Transportation Network Analysis
Princess Anne Road - Phase VII
Shore Drive Deomonstration Project - Phases II & III
Constitution Drive Extended
Traffic Calming
Major Bridge Rehabilitation (Partial)
Appropriations
FY 2007 -08
650,000
15,000,000
100,000
2,500,000
2,149,821
20,399,821
20,399,821
3,805,157
680,150
932,533
1,795,000
7,212,840
700,000
700,000
7,912,840
500,000
300,000
150,000
2,292,000
4,919,000
350,000
927,000
3,922,000
1,200,000
1,275,000
662,920
637,499
2,000,016
780,000
600,000
600,500
1,000,000
100,000
300,000
2,900,000
500,000
7,636,792
100,000
660,000
Project
Number
2.268
2.284
2.285
2.305
2,502
2,837
2,931
3,366
3.367
3,368
5,064
5,067
5.084
5,086
5.087
5,088
5,091
5.092
5,162
5,167
5.203
5,207
5,302
5,303
5.400
5.404
5.405
5.451
5,708
5,710
5,802
5,803
5,965
6,019
6,065
6,066
6,069
6,085
6,089
6,138
6,139
6,146
6,148
6,203
Attachment A - Capital Budget Appropriations
Projects
Qualitv Phvsical Environment
Wetlands Mitigation Banking
Pavement Maintenance Program
Traffic Safety Improvements - Phase II
Princess Anne Road- Phase IV (Ferrell - Phase II) (VDOT)
West Neck Road (Transition Area Network)
Various Cost Participation Projects
Witchduck Road - Phase I (Partial) (First Cities Project)
Total Roadways Projects
Various Buildings HVAC Rehabilitation and Renewal - Phase II
Various Buildings Rehabilitation and Renewal - Phase II
Various Site Acquisitions
Total Buildings Projects
Columbus Street Pump Station Modifications
Courthouse and Sand bridge Tank Modifications
System Expansion Cost Participation Agreements - Phase II
Comprehensive Water Master Planning - Phase V
Bayway Road Water Improvements - 51 % Program
Small Line Improvements - Phase V
Water Request & Agreement (51 % Program) - Phase V
Landstown Yard Improvements - Phase III
Backflow Prevention and Cross Connection Con1rol Program
Water Tank Upgrade Program - Phase III
Lotus Garden Water Improvements - 51 % Program
Laskin Road Water Improvements - Phase I (VDOT)
Potable Wells Evaluation Program - Phase II
Water Quality Program - Phase III
Fire Hydrant Program - Phase II
Computerized Mapping & Infrastructure Management - Phase II
Customer Information System Version Migration
Engineering Services - Various Projects
Resort Area Neighborhood Revitalization
19th Street Corridor Water Improvements
Utility Crossings Condition Assessment
Water Valve Connection Assessment & Maintenance
Water Resources
Total Water Utility Projects
Resort Area Neighborhood Revitaliza1ion
Infiltration, Inflow, and Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Birdneck Road Sewer Improvements - Phase II (VDOT)
Sanitary Sewer Aging Infrastructrue Program - Phase II
Comprehensive Sewer Master Planning - Phase IV
Landstown Yard Improvements - Phase III
Bayway Road Sewer Improvements - 51 % Program
Sewer Requests & Agreements - Phase V (51 % Program)
System Expansion Cost Participation Agreements - Phase II
Lotus Gardens Sewer Improvements - 51 % Program
Appropriations
FY 2007 -08
100,000
9,304,912
1,250,000
539,876
1,384,061
50,000
1,621,000
48,562,576
1.073,334
2,541,287
1,000,000
4,614,621
110,000
75,000
100,000
150,000
25,000
500,000
50,000
1,500,000
150,000
250,000
1,790,000
365,000
100,000
100,000
50,000
150,000
100,000
50,000
800,000
200,000
50,000
50.000
200,000
6,915,000
1,000,000
1,500,000
2,978,000
450,000
4,300,000
300,000
360,000
55,000
100,000
1,870,000
1,390,000
Project
Number
6.404
6.405
6.411
6.451
6,502
6,505
6.506
6,612
6,613
6,710
6,802
6.803
7,004
7,024
7,027
7,031
7,063
7.067
7,091
7.152
7,153
7,157
7.159
7,183
7,902
8,002
8,004
8,005
8,007
8,008
8,014
8,018
8,023
8.282
8,830
Attachment A - Capital Budget Appropriations
Projects
Qualitv Phvsical Environment
Computerized Mapping & Infrastructure Management - Phase II
Customer Information System Version Migration
CIT - Service Area Master Planning & Info. System (SAM PIS)
Engineering Services - Various Projects
Private Sanitary Sewer Pump Station Abandonment Program
Princess Anne Plaza Rehabilitation - Phase II
Sanitary Sewer System Revitalization Program - Phase I
Pump Station Wet Well Revitalization
Auxiliary Power Program - Sewer Pump Stations - Phase II
19th Street Corridor Sewer Improvements
Utility Crossings Condition Assessment Program
Sewer Valve Condition Assessment & Maintenance
Total Sewer Utility Projects
Storm Water Infrastructure Rehabilitation
Southern Canal/Lead Ditch and Culvert Improvements
SWM Master Planning, Analysis, and Inventory
Kempsville Greens GC Community Storm Water Bank Stabilization
Neighborhood Storm Water Infrastructure Improvements
Primary System Infrastructure Improvements
Residential Drainage Cost Participation Program
Lake Management
Lynnhaven Watershed Restoration
Lynnhaven River Environmental Restoration Study
Water Quality Participation Projects
Slorm Water Quality Enhancements
North Beach Drainage
Total Storm Water Projects
Beach Profile Monitoring Program
Various Minor Dredging Projects
Western Branch Lynnahven River Maintenance Dredging
Rudee Inlet Outer Channel Maintenance Dredging
Beach Replenishment
Lynnhaven Inlet Maintenance Dredging
Outfall Improvements for 79th, 16th, and 42nd Streets
Sandbridge Beach Access Improvements & Sand Management
Sandbridge Beach Restoration
Rudee Inlet Federal Dredging
Total Coastal Projects
Total Quality Physical Environment Projects
Appropriations
FY 2007-08
150,000
100,000
250,000
50,000
75,000
1,300,000
1,100,000
350,000
300,000
50,000
50,000
50,000
18,128,000
500,000
200,000
100,000
125,000
834,640
1,250,000
50,000
1,000,000
300,000
176,000
100,000
750,000
2,500,000
7,885,640
75,000
865,000
2,724,013
260,000
1,523,389
160,000
3,600.000
200,000
2,704,786
420,000
12,532,188
98,638,025
Project
Number
4,013
4,016
4.017
4.018
4,019
4,023
4,024
4,030
4,034
4,036
4,051
4,055
4,063
4,070
4,075
4,971
1,001
1,006
1,018
1,019
1,031
1,075
1,078
1,085
1,099
1,103
1,104
1,105
1,232
1.234
1.235
3,262
3,200
3,209
3,340
Attachment A - Capital Budget Appropriations
Projects
Cultural and Recreational Opportunities
Community Rec Centers Repairs and Renovations - Phase II
DistlComm. Parks/Special Use Facilities Dev, & Ren, - Phase II
Golf Courses Equipment & Infrastructure - Phase II
Greenways and Scenic Waterways - Phase II
New Princess Anne District Park Athletics Complex
Neighborhood Parks Acquisition and Development - Phase II
Park Playground Renovations - Phase II
Recreation Office and Storage at School Sites - Phase II
Community Recreation Centers Roof Repairs and Replacements
Tennis Court Renovations - Phase II
Stumpy Lake Golf Course Infrastructure Improvements
Open Space Park Development and Maintenance
Athletic Fields Upgrading and Lighting - Phase II
Open Space Program Site Acquisition - Phase II
Pedestrian System Improvements - Phase I
Mount Trashmore District Park Renovations
Total Parks and Recreation Projects
Total Cultural and Recreational Opportunities Projects
Qualitv Education and Lifelona LearninQ
Renovations and Replacements - Energy Management
Various Schools Site Acquisition - Phase I
Newtown Road Elementary School Replacement
Great Neck Middle School Replacement
Academy Facilities Improvemen1s
Elementary School 2007-08
School Bus Garage Facility Replacement I Expansion
Alternative Education Facility - Phase II
Renovations and Replacements - Grounds - Phase II
Renovations and Replacements - HVAC Systems - Phase II
Renovations and Replacements - Reroofing - Phase II
Renovations and Replacements - Various - Phase II
Tennis Court Renovations
Virginia Beach Middle School Replacement
Windsor Oaks Elementary School Replacement
Total Schools Projects
Tidewater Community College Expansion
Total Buildings Projects
Total Quality Education and Lifelong Learning Projects
Qualitv OrQanization
CIT - Revenue Assessment and Collection System
CIT - Enterprise Electronic Records Management System
CIT - Telecommunications Replacement
Total Communications and Information Technology Projects
Total Quality Organiza1ion Projects
Total Capital Budget
Appropriations
FY 2007 -08
4,263,861
1,076,379
200,000
200,000
352,000
200,000
450,000
50,000
563,000
300,000
1,950,000
1,550,000
75,000
500,000
500,000
200,000
12,430,240
12,430,240
750,000
1,000,000
4,000,000
10,000,000
100,000
1,000,000
4,500,000
17,750,000
500,000
1,290,376
3,378,339
1,000,000
100,000
12,500,000
3,000,000
60.868,715
2,900,000
2,900,000
63,768.715
225,000
750,000
390,000
1,365,000
1,365,000
204,514,641
Financing Sources
Attachment B - Financing Sources
Fund Balance - General Fund
Fund Balance - Other
General Appropriations
General Obligation Bonds
Retained Earnings - Storm Water
State Contribution
Storm Water Utility Fund
Water and Sewer Bonds
Water and Sewer Fund
Capital Budget
FY 2007 -08
25,393,638
4,006,912
49,263,598
63,433,991
158,052
29,487,862
7,727,588
18,793,000
6,250,000
204,514,641
Projects
Buildinqs
Transfer To:
3.344
3.367
Transfer From:
3.003
3.230
Roadwav Proiects
Transfer To:
2.072
2,115
2.149
2,152
2.208
Transfer From:
2.025
2.072
2.115
2.156
2.165
2.167
3.173
3.420
Attachment C - Transfers
Safe Community
Police Fourth Precinct - Replacement
Various Buildings Rehabilitation and Renewal - Phase II
Total Transfer To:
Judicial Center Parking Expansion
Police Fourth Precinct - Expansion and Renovation Study
Total Transfer From:
Quality Phvsical Environment
First Colonial RdNa. Beach Blvd. Intersection Imp (Revenue Reduction)
Shore Drive Intersections - Demonstration Project (Revenue Reduction)
Birdneck Road - Phase II (VDOT)
Elbow Road Extended - Phase II (First Cities Project)
Constitution Drive Extended
Total Transfer To:
Witchduck Road - Phase II (Partial) (First Cities Project)
First Colonial RdNa. Beach Blvd. Intersection Imp (2006 Charter Bonds).
Shore Drive Intersections - Demonstration Project (2006 Charter Bonds)
Laskin Road - Phase I (VDOT)
Laskin Road - Phase II (First Cities Project)
Lynnhaven Parkway - Phase XI (VDOT)
Emergency Communications/Emergency Operations Centers
Dam Neck Yard Facility Design
Total Transfer From:
Water and Sewer Utilitv Proiects
Transfer To:
5.008
5.167
5.202
5,601
5,752
6,138
6.601
6.752
Birdneck Road Water Improvements - Phase II (VDOT)
Water Tank Upgrade Program - Phase III
Laskin Rd-Phase II & Gateway Water Improvements (VDOT)
First Colonial RdNa. Beach Blvd Intersection Improvements
HVAC Improvements, 2nd Floor, Building #20
Landstown Yard Improvements - Phase III
First Colonial RdNa. Beach Blvd Intersection Improvements
HVAC Improvements, 2nd Floor, Building #20
Total Transfer To:
Appropriations
Prior to
FY 2007 -2008
$69,850
66,262
$136,112
$66,262
69,850
$136,112
$3,274,000
637,499
948,400
1,838,885
1,220,120
$7,918,904
$26,000
3,274,000
637,499
2,410,582
1,066,000
141,615
260,000
103,208
$7,918,904
$120,000
75,000
400,000
110,000
75,000
1,140,000
170,000
75,000
$2,165,000
Projects
Transfer From:
5,006
5.140
5,163
5.207
5,951
6.031
6.067
6.168
6.613
6.951
Schools Proiects
Transfer To:
1,011
1.078
1,103
Transfer From:
1.001
1.227
1.228
1.233
Buildinqs
Transfer To:
3.447
Transfer From:
3.413
3.453
Transfer To:
3.045
3.185
3.207
3,335
Attachment C - Transfers
Water Appurtenances Location & Improvements
Various Roadway/Storm Water Coordination - Phase IV
Various Water Infrastructure Maintenance Support Program
Laskin Road Water Improvements - Phase I (VDOT)
Water Tap Installation Program
Sewer Appurtenances Evaluation & Improvements
Various Roadway/Storm Water Coordination - Phase IV
Various Sewer Infrastructure Maintenance Support Program
Auxiliary Power Program - Sewer Pump Stations - Phase II
Sewer Tap Installation Program
Total Transfers From:
Qualitv Education and Lifelong Learning
Equipment and Vehicle Replacement
School Bus Garage Facility Replacement! Expansion
Renovations and Replacements - HV AC Systems - Phase II
Total Transfer To:
Renovations and Replacements - Energy Management
Windsor Woods Elementary School Replacement
Brookwood Elementary School Replacement
Old Donation Center Modernization
Total Transfer From:
Library Renovations and Replacements
Total Transfer To:
Bayside Library and Police Precinct
Princess Anne Area Library
Total Transfer From:
Qualitv Oraanization
CIT - Enterprise Data & Information Mgmt Plan - Phase I
Fire Apparatus (Lease Purchase, FY 2005-06)
CIT - Phase II Permits and Inspections Interactive Internet
CIT - Electronic Ballot System - ADA Machines (Revenue Reduction)
Appropriations
Prior to
FY 2007.2008
$100,000
150,000
500,000
365,000
200,000
150,000
100,000
300,000
200,000
100,000
$2,165,000
$249,783
3,400,001
725,000
$4,374,784
$974,783
750,000
1,150,001
1,500,000
$4,374,784
$400,363
$400,363
$150,626
249,737
$400,363
$400,000
1,362,687
150,000
315,000
Projects
3.366
3.367
4.036
Transfer From:
3,185
3,335
3.370
Attachment C - Transfers
Various Buildings HVAC Rehabilitation and Renewal - Phase 11
Various Buildings Rehabilitation and Renewal - Phase 11
Tennis Court Renovations - Phase 11
Total Transfer To:
Fire Apparatus (Fund Balance, General Fund budgeted in FY 2002-03)
CIT - Electronic Ballot System - ADA Machines
CIT - Voting Machine Replacements (Lease Purchase, FY 2005-06)
Total Transfer From:
Appropriations
Prior to
FY 2007 -2008
410,000
309,700
92,987
$3,040,374
$1,362,687
315,000
1,362,687
$3,040,374
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY
.3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
4 OF $63,800,000 FOR VARIOUS PUBLIC FACILITIES AND
5 GENERAL IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
7 general obligation public improvement bonds for various purposes in the maximum amount of $63,800,000, as
8 permitted by the City Charter, without submitting the question of their issuance to the qualified voters.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12 1, That it is hereby determined to be necessary and expedient for the City to construct and improve
13 various public facilities and make general improvements, all of which will promote the public welfare of the City and its
14 inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs
15 thereof through the borrowing of up to $63,800,000 and issuing the City's general obligation bonds therefor.
16
17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized
18 to be issued general obligation public improvement bonds of the City in the maximum amount of $63,800,000, to
19 provide funds, together with other funds that may be available, for various public improvement projects, including
20 School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, for project activities
21 that include, but are not limited to, the following: preliminary studies and surveys, permit compliance, environmental
22 assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction,
23 renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services,
24 furniture and equipment, and contingencies.
25
26 3, That the bonds may be issued as a separate issue at one time or in part from time to time or
27 combined with bonds authorized for other purposes and sold as part of one or more combined issues of public
28 improvement bonds.
29
30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years
31 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such
32 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
33
34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if
35 any, and interest on which its full faith and credit shall be irrevocably pledged.
36
37 6. That, upon recalculation, the amount of qeneral obliqation public improvement bonds authorized by
38 City Council on May 9. 2006 was incorrect. Althouqh the City Council authorized the issuance of qeneral obliqation
39 public improvement bonds in the maximum amount of $63,800,000, the City was authorized to issue only $59,800,000
40 of qeneral obliqation public improvement bonds. Therefore, the Citv shall issue no more than $59,800.000 of qeneral
41 obliqation public improvement bonds based on the May 9. 2006 authorization.
42
43 Le. That the City Clerk is directed to make a copy of this ordinance continuously available for
44 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
45 hereof through the date of the issuance of the Bonds.
46
47 ~ 1-. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
48 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
49
50 ~g. That this ordinance shall be in full force and effective from its passage.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007,
53
54 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
&~~A.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $18,793,000
1 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and
2 sewer system revenue bonds in the maximum amount of $18,793,000 for financing improvements and expansions to
3 the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the question of
4 their issuance to the qualified voters.
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7
8 1. That it is hereby determined to be necessary and expedient for the City to continue its program of
9 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
10 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the
11 borrowing of $18,793,000 and issuing the City's revenue bonds therefore.
12
13 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be
14 issued water and sewer system revenue bonds of the City in the maximum amount of $18,793,000 to provide funds,
15 together with other available funds, for financing the costs of improvements and expansions to the System.
16
17 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
18 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or
19 times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
20
21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited
22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the
23 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds
24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
25 Commonwealth of Virginia or of any country, city, town, or other political subdivision of the Commonwealth, including
26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be
27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or
28 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and
29 collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment
30 of the principal of and premium, if any, and interest on the bonds.
31
32 5, That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance
33 of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and
34 collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the
35 same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of
36 and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor.
37 Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are
38 customary for the protection of the holders of water and sewer revenue obligations.
39
40 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the
41 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the
42 date of the issuance of the bonds.
43
44 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a
45 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
46
47 8, That this ordinance shall be in full force and effect from its passage.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia on this 15th day of May, 2007.
50
51 Adoption requires the affirmative vote of a majority of all members of the City Council.
52
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~lJ2h,Li
M.nagement rvice "
;R~~
City Attorney's Office
1
2
3
4
5
6
AN ORDINANCE TO DIRECT THE PUBLIC WORKS DEPARTMENT TO
WORK WITH VDOT TO ADVANCE CONSTRUCTION OF CIP #2-121,
NIMMO PARKWAY-PHASE V-A (VDOT), AND #2-305, PRINCESS ANNE
ROAD-PHASE IV (FERRELL-PHASE II)(VDOT) AND REALLOCATE
$46,650,692 OF FUNDING FROM VARIOUS STATE ROADWAY
PROJECTS TO ALLOW ADVANCEMENT OF CONSTRUCTION
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
WHEREAS, in a recent analysis of congested local roadways, City Council identified projects,
CIP #2-121, Nimmo Parkway-Phase V-A (VDOT), and #2-305, Princess Anne Road-Phase IV (Ferrell-Phase
II) (VDOT), as the two most important projects to help alleviate congestion in the surrounding areas;
WHEREAS, in an effort to advance the construction of these two projects, it will be necessary
to increase their funding, with the source coming from other state projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That the Public Works Department is directed to work with the Virginia Department of
Transportation to reallocate VDOT funding from five state projects listed below in order to advance the
construction of CIP #2-121 , Nimmo Parkway-Phase V-A (VDOT), and #2-305, Princess Anne Road-Phase IV
(Ferrell-Phase II) (VDOT).
2. That $46,650,692 of funding within the Capital Improvement Program period is reallocated
as shown below, to allow advancement of construction.
FY 2009-2012
FY 2008
Transfer To:
$2,000,106
$26,373,780
2-121 Nimmo Parkway-Phase V-A (VDOT)
2-305 Princess Anne Road-Phase IV
(Ferrell-Phase II)
539.876
$2.539.892
17.737.020
$44.110,800
Total
Transfer From:
2-152 Elbow Road Extended-Phase II
(First Cities Project)
$0 $1,226,586
2,000,016 21,956,184
0 12,099,918
0 1,446,385
539.876 7.381.727
$2.539.892 $44.110.800
2-256 Indian River Road-Phase VII
(First Cities Project)
2-156 Laskin Road-Phase I (VDOT)
2-167 Lynnhaven Parkway-Phase XI (VDOT)
2-025 Witchduck Road-Phase II
(First Cities Project)
Total
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
,2007.
APPROVED AS TO CONTENT
~ez
' ~'~/d(
(Manageme serv~ "
APPROVED AS TO LEGAL SUFFICIENCY
:??~ ~
City Attorney's Office
- 27-
Item v'J.3.
ORDINANCES
ITEM #56434
John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, spoke in Opposition
A MOTION was made by Vice Mayor Jones, seconded by Councilman Diezel to ADOPT Ordinance re
a retroactive Employment Agreement with the City Manager for three years beginning December 1,
2006, and ending November 30, 2009.
A SUBSTITUTE MOTION was made by Councilman DeSteph, seconded by Council Lady McClanan to
ADOPT the Ordinance re an Employment Agreement with the City Manager, AS AMENDED:
Article II: change term to end one year from today.
Article III: change severance pay to an amount equal to three (3) months of his base
salary.
Article V: change car allowance to $833 per month (or $10,000 annually)
Article VI: Subsection (a) - delete all words after the phrase "insurance coverage to all
City employees" on the third line.
Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
William R. "Bill" DeSteph and Reba S. McClanan
Council Members Voting Nay:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva*,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
*Councilman Villanueva verbally changed his AYE vote to NAY.
May 15, 2007
- 28 -
Item V.J.3.
ORDINANCES
ITEM #56434 (Continued)
Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADOPTED:
Ordinance re a retroactive Employment Agreement with the City
Manager for three years beginning December 1, 2006, and ending
November 30,2009.
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R
Jones, Mayor Meyera E. Oberndorj John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph and Reba S. McClanan
Council Members Absent:
None
May 15, 2007
1
2
AN ORDINANCE APPROVING AN
CONTRACT FOR THE CITY MANAGER
EMPLOYMENT
3 WHEREAS, the most recent contract between the City and the
4 Ci ty Manager regarding his employment expired on November 30,
5 2006; and
6 WHEREAS, the parties desire to renew that contract with
7 certain amendments, to November 30, 2009.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH VIRGINIA:
11 That the employment contract between the City of Virginia
12 Beach and the City Manager, for the term of December 1, 2006 to
13 November 30, 2009, attached hereto, is approved and the Mayor lS
14 authorized to execute the contract on behalf of the City.
15
16
Adopted by the
Virginia, on the 15th
Council of
day of
the
May
City
of Virginia
, 2007.
Beach,
APPROVED AS TO LEGAL
SUFFICIENCY
~E-
City Attorney's Office
CA10336
v:\applications\citylawprod\cycom32\WpdocS\D006\P002\O0029337.DOC
March 6, 2007
R-1
EMPLOYMENT AGREEMENT
This Agreement is entered into this day of , 200-!-1 by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter
referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee."
WITNESSETH
WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach
employed James K. Spore as its City Manager for a term commencing November 25, 1991, and
ending November 30, 1996;
WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing
November 25, 1996 and ending November 30,2001;
WHEREAS, by further agreement dated August 28, 2001, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing
December 1, 2001 and ending November 30, 2006;
WHEREAS, the City wishes to continue the employment of James K. Spore as its City
Manager;
WHEREAS, James K. Spore agrees to accept such continued employment; and
WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such
continued 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 agree as follows:
Article I - Duties
(a) Employee shall perform the functions and duties of the position of City Manager
in accordance with the provisions of the Charter of the City of Virginia 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 legally permissible duties or functions as
the City Council may deem appropriate to assign him at any time during the term hereof.
Article II - Term of A2reement
(a) Except as otherwise provided herein, this Agreement shall commence December
1, 200-l-Q, and end November 30, 20062.
(b) Except as provided by Article III, below, during the term hereof, Employee agrees
to remain in the exclusive employ of the City.
(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.
Cd) 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 Resi2nation: Severance Pay
(a) In the event the Employee is terminated by the City before the expiration of the
term of this Agreement, he shall receive as severance pay an amount equal to twelve (12) months
of his base salary. All other benefits hereunder shall cease as of the date of termination.
However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all
compensation by the City shall end as of the date of termination
(b) If Employee voluntarily resigns, then all compensation and benefits shall cease as
of the effective date of 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, in its sole discretion waive any or all of this ninety (90) day notice requirement.
(c) In the event the City, at any time during the employment of Employee, reduces
the salary or other fringe benefits of Employee by a percentage greater than the percentage of
any across-the-board reduction for all City employees, or refuses to comply with any other
provisions of the Agreement benefiting Employee, or in the event Employee resigns following
the request of a majority of the members of City Council that he resign; then Employee may, at
his option, be deemed to have been "terminated", and shall receive severance pay in accordance
with Article II of this Agreement.
Article IV - Compensation
This Agreement reflects the salary and benefits for Employee that were established by
City Council in Ordinance # 2955N, adopted on June 27, 2006. This Agreement contemplates
that the salary and benefits set forth herein may be adjusted by City Council annually, by
ordinance.
Beginning on December 1, 2001, City Council agrees to pay Employee for services
rendered pursuant hereto an annual gross salary of Gfle Two Hundred ~Seven Thousand
+we Five Hundred Seventy Four Dollars and Eight Cents ($167,200.08207,574.08), payable in
installments at the same time and in the same manner as other City employees are paid. Such
annual gross salary will be increased annually by ordinance in an amount no less than the
average increase for all other City employees for the corresponding fiscal year unless Employee
has received an unsatisfactory performance evaluation.
In addition to the salary described above, the City agrees to contribute Bight Twenty
Thousand Five Hundred Dollars ($~20,000) per year as deferred compensation, for the
benefit of Employee, to the International City Management Retirement Corporation. This
amount may be adjusted by City Council annually, by ordinance.
Article V - Automobile Allowance
In lieu of supplying a City-owned vehicle for use by Employee in conducting City
business, City agrees to pay Employee a car allowance as additional salary in the sum of FWe
Hundred One Thousand Dollars (500.001000.00) per month and in addition, Employee shall be
reimbursed for business mileage at the same rate at which other City employees are reimbursed.
Said sum for car allowance 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 solely responsible for
all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may
be adjusted by City Council annually, by ordinance.
Article VI - Frin2e Benefits
(a) In addition to the Compensation set forth in Article IV and the Automobile
Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical
insurance coverage available to all City employees and to pay, on behalf of Employee, the total
premium for family hospitalization and medical insurance, including vision and dental coverage
as provided all other City employees.
(b) Employee shall receive fringe benefits such as annual leave, sick leave, life
insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City
policies and ordinance 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.
(c) The City will pay UP to Two Thousand Six Hundred Eight Four ($2,684) annually
on behalf of the City Manager in premiums for long term care insurance. This amount may be
adjusted by City Council annually, by ordinance.
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 its
membership and participation in national, regional, state, and local associations and
organizations of a job-related nature and for travel and associated expenses of Employer 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 agrees to reimburse
Employee for job-related expenditures in accordance with existing City policy.
Article X - Other Terms and Conditions of Emplovment
(a) The City agrees to evaluate the performance of Employee at least once each year.
All aspects of such evaluation shall be treated confidentially by the City and Employee subject to
the provisions of the Freedom of Information Act.
(b) 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.
(c) City agrees to provide self-insurance coverage 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.
(d) 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.
(e) The text herein shall constitute the entire Agreement between the parties and shall
only be amended by a writing executed by both parties.
(f) 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.
(g) This Agreement supersedes any other agreement between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be
executed in its behalf by its mayor in accordance with an ordinance of the City Council
authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both
the day and year first above written.
CITY OF VIRGINIA BEACH
BY
Mayor
BY
James K. Spore
- 29-
Item V-O.
ADJOURNMENT
ITEM # 56435
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:22 P.M.
C3~____(l_~_~!~
Beverly (f Hooks, CMC
Chief Deputy City Clerk
12-:4~
:Z::~odges Fraser, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 15, 2007