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HomeMy WebLinkAboutMAY 12, 2015 MINUTES I II i CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At Large 112 -a • •�/, VICE MAYOR LOUIS R.JONES,Bayside-District 401 Pp BENJAMIN DAVENPORT At Large ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY Princess Anne-District 7 U ` `" SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 '-NA"'"-v��G Tf S JOHN E.UHRIN,Beach -District 6 OUR ROSEMARY WILSON,At Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE CITY COUNCIL AGENDA PHONE:(757)385-4303 CITYATTORNEY-MARK D.STILES FAX(757)385-5669 CITY ASSESSOR-JERALD D.BANAGAN 12 MAY 2015 E-MAIL:Crycncl@vbgov.com CITY AUDITOR-LYNDON S.REMIAS CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR., PRESIDING I. INFORMAL SESSION - Conference Room - 5:00PM A. CITY COUNCIL COMMENTS B. CITY COUNCIL AGENDA REVIEW SPECIAL FORMAL SESSION II. FORMAL SESSION - City Council Chamber- 6:00 PM A.CALL TO ORDER—Mayor William D. Sessoms, Jr. B. READING OF CALL TO SPECIAL SESSION C. INVOCATION: Reverend Tyrone L. Johnson Pastor,New Oak Grove Missionary Baptist Church D. PLEDGE OF ALLEGIANCE E. CITY COUNCIL ROLL CALL F. ORDINANCES/RESOLUTIONS 1. Resolution to ADOPT a LOCALLY PREFERRED ALTERNATIVE TRANSIT EXTENSION STUDY Alignment Alternatives: (each Alternative includes Light Rail Transit and Bus Rapid Transit Mode Option) 1A: Town Center 1B: Rosemont 2: Oceanfront/NSRR 3: Oceanfront/Hilltop 4. No-Build Alternative 2. Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: Mayor Sessoms' and Vice Mayor Jones' Proposal: a. FY 2015-2016 Operating Budget: 1) APPROPRIATE for the Fiscal Year,beginning July 1, 2015, and ending June 30, 2016, $1,872,230,052 for Operations, $528,496,314 for Internal Service and $198,066,313 in Inter Service Fund Transfers 2) ESTABLISH the tax levy of Ninety-nine Cents ($0.99)per one-hundred ($100) assessed evaluation on Real Estate for FY 2016 I LI i 3) ESTABLISH the tax levy of Four Dollars ($4.00) per one hundred ($100) assessed evaluation on Personal Property and Machinery and Tools for the Calendar Year 2016 4) DECLARE $7-Million as surplus within the Sandbridge Tax Increment Financing District (SSD)re beach and shoreline restoration and management at Sandbridge 5) CERTIFY to the Virginia Retirement System re member contributions by salary reduction 6) IMPLEMENT the 2016 Employee and Retiree Health Insurance Plans 7) AMEND §35-280 of the City Code re vehicle license fees 8) AMEND Article IX of the City Code re collection of Cigarette Taxes 9) AMEND §35-207 of the City Code to increase the tax levy on Cigarettes to Thirty- seven Fifty (37.50) Mills per cigarette 10)AMEND §35-159 of the City Code to increase the flat rate fee on Transient Lodging to Two Dollars ($2.00) 11)AMEND §§8-31-34 of the City Code re fee increases for Building, Plumbing, Mechanical, Life Safety, Elevator, Gas and Electrical Permits 12)AMEND §§ 37-7.01 of the City Code re installation fees for water taps and meters on existing dwellings 13)AMEND §§ 21-354 and 21-359 of the City Code re Business Parking Permits in the Resort Permit Area and set the fee 14)AMEND Revenue Dedications for the Agriculture Reserve (ARP) and Open Space Programs and TRANSFER$700,000 to the Open Space Special Revenue Fund 15)AMEND the City Council Policy for management of Tax-Supported Debt 16)AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) b. FY 2015-2016 Capital Budget: 1) AUTHORIZE the FY-2016/FY-2021 Capital Improvement Program (CIP) and APPROPRIATE $312,964,930, subject to funds being provided 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$68.9-Million 3) AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$16,656,167 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$20-Million Councilman John Moss' Proposal (Incorporates by reference from Mayor and Vice Mayor's Proposal Items: F.2.a.4,F.2.a.5,F.2.a.6,F.2.a.8,F.2.a.10,F.2.a.11,F.2.a.12,F.2.a.13, F.2.a.16,F.2.b.2,F.2.b.3, and F.2.b.4): a. FY 2015-2016 Operating Budget: 1) APPROPRIATE for the Fiscal Year,beginning July 1, 2015, and ending June 30, 2016, $1,839,027,285 for Operations, $198,066,313 for Internal Service and $526,672,314 in Inter Service Fund Transfers 2) ESTABLISH the tax levy of Ninety-three Cents ($0.93) per one hundred ($100) assessed evaluation on Real Estate for FY 2016 3) ESTABLISH the tax levy of Four Dollars ($4.00) per one hundred ($100) assessed evaluation on Personal Property and Machinery and Tools for the Calendar Year 2016 4) AMEND §§18-32 and 27-3 to increase the Permit Fee for Pawn and Secondhand Permits to reflect the actual cost of administration b. FY 2015-2016 Capital Budget: 1) AUTHORIZE the FY-2016/FY-2021 Capital Improvement Program and APPROPRIATE $287,102,175, subject to funds being provided G. ADJOURNMENT ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 5/12/15st 1 -1- .p."-0,-.,..,,,. - NA - r.G `I8 e`'h t t'�ti4 L 4 4-"L--'; j44 Uf 01:R.,:::* rF VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 12, 2015 Mayor William D. Sessoms, Jr., called to order City Council Informal Session, in the City Council Conference Room, Tuesday, May 12, 2015, at 5:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None May 12, 2015 -2- CITY COUNCIL COMMENTS ITEM#64825 5:00 P.M. Mayor Sessoms advised Citizens would have an opportunity to speak on both the Light Rail and FY2015- 2016 Budget being considered tonight but he will give Citizens the option to consolidate their comments, should they so choose. May 12, 2015 I II I -3- ADJOURNMENT ITEM#64826 Mayor William D. Sessoms, Jr., DECLARED the City Council Informal Meeting RECESSED at 5:04P.M. May 12, 2015 -4- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 12,2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 12, 2015, at 6:00 P.M Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None INVOCATION: Reverend Tyrone L. Johnson Pastor, New Oak Grove Missionary Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. May 12, 2015 -5- 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 both 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 she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway 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 13, 2015, is hereby made a part of the record. May 12, 2015 -6- Item II-B MAYOR'S CALL FOR FORMAL SESSION ITEM#64827 Mayor Sessoms read the Mayor's Call for the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: 6 May 2015 "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 a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL: Tuesday,May 12, 2015, at 6:00 P.M. City Council Chamber 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is for City Council to consider and take action on: I. LOCALLY PREFERRED ALTERNATIVE(LPA) Proposed Light Rail Transient Extension II. FY2015-2016 RESOURCE MANAGEMENT PLAN: Operating Budget and Capital Improvement Program a. Mayor/Vice Mayor Proposal b. Councilman Moss Proposal Sincerely, William D. Sessoms,Jr." May 12, 2015 I II I i I -7- Item-II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 The following individuals registered to speak re the Locally Preferred Alternative Transit Extension Study: Tim McCarthy, 3845 Prince Philip Circle, Phone: 581-6938, spoke in support of the Locally Preferred Alternative to bring Light Rail to Town Center as well as the Real Estate Tax Increase. He asked everyone in attendance that supports Light Rail to stand and be recognized. The City Council is showing great vision and courage in considering the Extension and he is proud to be a Citizen of Virginia Beach. He appreciates City Council making decisions based upon the citizens'common good. Mike Barrett, 212 72nd Street, Phone: 339-0125, expressed his appreciation to City Council for the support of Mayor Sessoms and Vice Mayor Jones'proposed Budget which includes funding for Light Rail. Craig Poppen, advised he is representing Virginia Beach Vision and their 120 members. The Vision's Mission is to create a "vision" and advance initiates necessary for the City and the Region. Transportation and education are critical to the Vision's Mission and the action taken tonight will significantly impact the City's future, character and livability. Vision feels Light Rail is important to the growth of the City and they should capitalize on the funding the State has offered. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 426-5589, spoke in opposition. He read the 3,000+ page Study and none of the options meet the purpose or intent. Mr. Greenmun agrees the City needs improvement to Mass-Transit System but Light Rail is not the answer. He feels City Council is making a huge mistake in making decisions without reading the Study. Barbara Messner, spoke in opposition. She encouraged City Council to vote YES to Oceana and NO to Arena; Yes to Police Officers and other Public Safety Employees and NO to using tax dollars for Light Rail Study or Cars. Jack Bray, 708 Drift Tide Drive, Phone: 578-7207, spoke in opposition. He suggested funding the "Tide Taxi - No Rails, No Sales and No Fails" instead of Light Rail. Unfortunately, there are a lot of people forced to work two jobs to pay bills that are unable to come here to voice their opinion. Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in opposition. She is the Vice-Chair of the Virginia Beach Chapter of the Hampton Roads Tea Party and they oppose the extension of Light Rail. Light Rail will not reduce congestion. In fact, increased congestion is at certain intersections. Vote NO BUILD. The study clearly states "the estimates in the report have an accuracy rate index of 4, which is equal to plus 40% to a minus 20% range". With this huge variance, it is impossible to budget for operating and maintenance costs. The study also shows Light Rail will increase congestion in the Study Area at specific intersections. This is not expected to decrease levels of congestion on area roads or create economic growth around the Corridor. Nancy Creech, 1068 Collection Creek Way, Phone: 498-0215, spoke in favor of the Budget and the Light Rail component within the Budget. Extending Light Rail is a great way to continue building the City's future. Arthur DeAngelis, 749 Whistling Swan Drive, Phone: 424-1558, spoke in opposition of Light Rail. Mr. DeAngelis sought information from Dr. Koch to help make his decision on Light Rail. The Referendum was not to build Light Rail but to only "study" the extension into the City. According to Dr. Koch, there will be no significant traffic benefits or development as a result of Light Rail. He suggested the City invest to enhance the bus system. May 12, 2015 I II I -8- Item-II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) John Kuchta, 1132 Little Neck Road, Phone: 468-9020, spoke in opposition. He advised there are Sniper Teams placed all over the City due to the increase of threat to BRAVO. He encouraged taking the funds for Light Rail and invest in hiring Combat Veterans to patrol "soft targets". He can sense the threat to our City and more attacks are eminent. He feels the Obama Administration drew target on back of the City when they identified SEAL Team VI as the ones that killed Osama Bin Laden. He suggested instead of buying rail cars why not protect the City and add more security in protecting the citizens and the current infrastructure. Debra Grant, 5636 Dodington Court, Phone: 230-0118, spoke in support of Light Rail. She is part of Southampton Roads Virginia Organizing which is committed for all things for the common good of our community. Betty Kennedy, spoke in opposition. She asked City Council to divert the costs of Light Rail and move toward a comprehensive bus system for all residents of the City. Buses are much easier to maintain and cheaper. She suggested using the money from the State to improve the Tunnel and, that in turn, will help improve Tourism to the City. The City is not ready for an Arena until the Bus System is in place. She attended a workshop where a Light Rail Expert stated very few Light Rails throughout the country have been successful or even self-operating. Will Christopher, 409 Duke Street, Phone: 971-3263, HRPTA spoke in support. He feels this project will enhance the future of the City and will ensure tax dollars stay in the City. Transit options are a necessity for Millennials. Robin Gayer, 308 Fairfax Avenue, spoke in support. He advised the world is watching tonight's decisions in hopes of building a City that is "greater than the sum of its parts". Jeanne Evans-Cox, One Columbus Center, Phone: 490-7810, is the Executive Director of Central Business District Association which represents over 150 businesses. CBDA supports Light Rail funding in the proposed budget. The CBDA has been preparing for this for years and it is time to expand Light Rail into the City. City Council has made wonderful investments in the past, as evidenced by the Sportsplex, Convention Center, Parks and Bike Trails throughout the City and Town Center. Dave Mitchell, 312 Ramapo Rd, Phone: 839-4670, spoke in support. He is happy to see the City grow and move into the future. Don Monteaux, spoke in opposition. He has lived in the City for thirty-years and never once has been in the Council Chamber; however, he felt this issue so important it was necessary to attend. He sent a brief.pdf explain why City Council should vote against Light Rail. The Study shows less thanl %of the population is going to utilize Light Rail yet every home owner will be forced to pay for the project. He does not feel that is fair since 99%of the City's Citizens will not use Light Rail. Joash Schulman spoke in support of Light Rail. He is the President of CBDX, a group of 82Young Professionals and future leaders of the City. He understands that investing in the future is sometimes hard to do because reward cannot be seen; however, it is the right thing. Light Rail is the first step in moving the City forward. Mr. Schulman used to live in Washington, D.C. and did not own a car. Instead, he used Metro for his transportation. He encouraged the City to embrace growth to the City and move forward to connect two amazing communities. May 12, 2015 -9- Item -II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) Frank Papcin, spoke in opposition to Light Rail. He advised Norfolk has 67,000 free riders in Norfolk and yet the ridership in the City is only expected to be 8,800 per day. Light Rail costs 4 times the amount of a bus system. Light Rail will not encourage economic development and will only bring more low-wage jobs to the City. Jimmy Frost, advised he is not a fan of tax increases but does not care one way or the other about Light Rail. He acknowledges the City has invested a lot of money and time in planning the future to bring the Vision to a reality. He suggested the City Auditor monitor HRT to ensure the City does not receive the same treatment as Norfolk. Burrell Saunders, spoke in support. He advised this is a historic moment and important element for the City. Over the last decade, the City has worked on SGAs to provide the connection City citizens want. Light Rail is essential to growth of the City. Logan Manning, spoke in opposition of Light Rail. He requested City Council not mortgage his future on Light Rail and support Councilman Moss'Proposed Budget. Robert Dean, spoke in opposition. Light Rail is a very bad idea. Unfortunately, this evening will follow patterns of all Public Hearings before with concerns falling on deaf-ears. The City spent$6.6-Million on a Study and yet are not willing to take those recommendations. Mr. Dean learned, at a very young age, who to trust and not trust and he despises liars. This Vote is an incredible waste and just because you have the right to vote but it does not mean it is right. Chris Brown, spoke in opposition. He provided Petitions of 331 Citizen Signatures that also oppose Light Rail. Light Rail actually began in the 1900s and is not the technology for the future. Mr. Brown stated he wanted to own a home to raise a family and he has no interest in living in a high-rise condo. Mike Ferris, spoke in opposition. Mr. Ferris asked any member of City Council considering supporting Light Rail to reconsider. As stated, Light Rail will not reduce congestion and when considering the costs of Light Rail, the City simply cannot afford it. Toni Hedrick, spoke in opposition. She thanked the Citizens that provided the Tax Revenue to allow the City to construct all of the wonderful facilities and amenities the City offers. She is appalled by City Council's actions and their enormous egos. She is astounded by City Council believing they know more than the experts. May 12, 2015 I I I iI -10- Item -II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) Councilman Moss provided the presentation below as an explanation of his NAY Vote: VBTES DEIS of February 2015: Excerpts from the Executive Summary Hampton Roads Transit Draft Environmental Impact Statement Virginia Beach Transit Extension Study Virginia Beach City Council Member At-large John D.Moss Just the VBTES DEIS Conclusions In Its Own Words May 12,2015 1 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary Purpose of Light Rail "...primary purpose of providing a fixed guideway transit extension in the VBTES Corridor is:" •"Support the City of Virginia Beach's plan to limit suburban-style growth and development. • Improve transportation and transit system efficiency and intermodal connectivity." May 12,2015 page ES-1 2 City Council Meeting May 12, 2015 -11- Item -Il-Ed ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary Need for Light Rail "... Virginia Beach transit extension is needed to address the following transportation challenges in the VBTES corridor." • East-west mobility is limited to a few congested highways •The lack of mobility choices in the VBTES corridor is impacting the largest economic engines in the City. •Transit services in the VBTES Corridor is impacted by the congestion levels causing it to be slow and unreliable May 12,2015 page ES-1 3 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary Now What Does the DEIS Conclude About Light Rail's ability To Fulfill the Purpose, and Meet the Needs? May 12,2015 4 City Council Meeting May 12, 2015 -12- Item -II-F.1 ORDINANCES/RESOLUTIONS• ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary ES.3 Transportation (Chapter 3) "...build alternatives would increase congestion in the study area at specific intersections,while other intersections would see increase congestion due to expected traffic volume regardless of any build alternative." "...build alternatives would increase transit options...build alternatives would not be expected to directly decrease congestion on roadways ... potentially decreasing the rate of increase in congestion." May 12,2015 page ES-2 5 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary ES.4 Social Effects (Chapter 4) Economic Development(Section 4.1) "The build alternatives are not expected to directly create development within the VBTES Corridor." "The build alternatives would have indirect impacts by supporting future development within the City's SGAs and proposed station areas." May 12,2015 page ES-3 6 City Council Meeting May 12, 2015 -13- Item -II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary ES.5 Environmental Effects (Chapter 5) Air Quality (Section 5.7) • No statement or claim is made in the DEIS that any of the build alternatives will make a positive and measurable difference in improving air quality. "The build alternatives would not create adverse impacts to air quality in the VBTES Corridor." May 12,2015 page ES-4 7 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary ES.5 Environmental Effects (Chapter 5) Noise and Vibration (Section 5.8) "This analysis found potential moderate to severe noise impacts for all the LRT alternatives, moderate impacts for BRT alternatives, and no impacts projected for the feeder bus routes." "Potential vibrations impacts were found for all LRT alternatives, the locations of which were all west of London Bridge Creek." May 12,2015 8 City Council Meeting May 12, 2015 -14- Item-II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary ES.5 Environmental Effects (Chapter 5) Energy (Section 5.10) "The build alternatives would have the potential to reduce future energy consumption. However, the expected impact of the build alternatives would be minimal and not greatly affect long terms rates of energy consumption, city wide." May 12,2015 page ES-4 9 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary What Do the DEIS Conclusions Mean? May 12,2015 10 City Council Meeting May 12, 2015 -15- Item -II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary DEIS's conclusions mean that the "No Build Alternative" delivers the same results save one result. May 12,2015 11 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary What is the "one" result difference between the "No Build Alternative and the Build Alternatives? May 12 2015 12 City Council Meeting May 12, 2015 -16- Item -II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary The "one" result difference is that the No Build Alternative does not increase transit options. May 12 2015 13 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary Is light rail the most transportation effective and cost efficient means of expanding transit options? No ! May 12,2015 14 City Council Meeting May 12, 2015 -17- Item-II-El ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary Better Options Option 1: Expanding existing bus capacity and frequency along existing routes. Option 2: Bus Rapid Transit in combo with Option 1. May 12,2015 15 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary The DEIS's conclusions do not support fixed guideway light rail as a transportation effective and cost efficient solution to increase mobility along VBTES corridor. May 12,2015 16 City Council Meeting May 12, 2015 I II i -18- Item-II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary What is Council Member John D. Moss's recommendation? May 12,2015 17 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary City Council request the FTA to remand the DEIS back to HRT to properly price out Bus Rapid Transit and to include expanding bus service capacity and frequency along existing routes as an alternative in the DEIS May 12 2015 18 City Council Meeting May 12, 2015 -19- Item -II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) VBTES DEIS of February 2015: Excerpts from the Executive Summary OR May 12,2015 19 City Council Meeting VBTES DEIS of February 2015: Excerpts from the Executive Summary While less analytical, Select Alternative 1A with Bus Rapid Transit as the preferred alternative segment and mode of transit respectively as Council's advisory recommendation to the FTA. May 12,2015 20 City Council Meeting May 12, 2015 -20- Item-II-F.1 ORDINANCES/RESOLUTIONS ITEM#64828 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Resolution to re a LOCALLY PREFERRED ALTERNATIVE TRANSIT EXTENSION STUDY Alignment Alternatives: IA: Town Center [with Light Rail and Bus Rapid Transit] Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 A RESOLUTION TO ADOPT A LOCALLY 2 PREFERRED ALTERNATIVE FOR THE VIRGINIA 3 BEACH TRANSIT EXTENSION STUDY 4 5 WHEREAS, the Transportation District Commission of Hampton Roads ("HRT"), 6 on behalf of the Federal Transit Administration, has posted the Draft Environmental 7 Impact Statement ("DEIS") for the Virginia Beach Transit Extension Study ("VBTES") for 8 review and comment; and 9 10 WHEREAS, a Notice of Availability was published in the Federal Register on 11 March 20, 2015; and 12 13 WHEREAS, the DEIS includes an evaluation of four alternatives alignments-1A 14 Town Center, 1B Rosemont, 2 Norfolk Southern Right of Way to Oceanfront, and 3 15 Hilltop to Oceanfront-and each alternative alignment includes a light rail transit ("LRT") 16 and bus rapid transit ("BRT") mode option; and 17 18 WHEREAS, an alternative to the aforementioned alternatives is a no-build option; 19 and 20 21 WHEREAS, HRT has presented the DEIS in a series of public hearings and 22 formally solicited public comment; and 23 24 WHEREAS, the City Manager of the City of Virginia Beach has periodically 25 provided summaries of the public comments from the public hearings to the City Council 26 of the City of Virginia Beach (the "Council") to allow the Council to consider such 27 comments; and 28 29 WHEREAS, on March 17, 2015, the City Manager provided a briefing to the 30 Council, which focused on supplemental information by the City (including the 31 Pembroke Multimodal Station Master Plan, Light Rail Corridor Shared-Use Path Draft 32 Study, and Virginia Beach Light Rail Extension Transit Oriented Development Economic 33 Analysis) to inform the Council on a potential locally preferred alternative and 34 recommendation of above-grade crossings of LRT at Witchduck Road and 35 Independence Boulevard and at-grade LRT stations on the east side of Witchduck 36 Road, west side of Kellam Road, east side of Constitution Drive with the station at 37 Constitution Drive being the terminal station; and 38 39 WHEREAS, the Council has asked the City Manager to ensure that the 40 supplemental information and March 17th briefing is made available to the public and to 41 request that HRT and FTA include the supplemental information in any final 42 environmental documentation for the VBTES; and 43 44 WHEREAS, the Council had a public hearing in its chambers on May 5, 2015, to 45 receive further public comments; and 46 WHEREAS, based on the technical analysis, public comments, and fiscal 47 conditions, City staff has recommended the Alternative 1A Town Center with LRT as the 48 mode to be designated as the Locally Preferred Alternative at this time with the 49 crossings and stations described in the March 17, 2015, briefing described above; and 50 51 WHEREAS, the Council desires to officially select its Locally Preferred 52 Alternative; and 53 54 WHEREAS, the Council understands that while the action of the Council in 55 designating a Locally Preferred Alternative is not binding; and 56 57 WHEREAS, the City will work cooperatively with HRT, the Department of Rail 58 and Public Transportation, and the Federal Transit Administration to complete the 59 National Environmental Policy Act process and to advance Preliminary Engineering for 60 the Locally Preferred Alternative selected by this Resolution in furtherance of the final 61 environmental document, record of decision, competitive selection process, and the 62 development of a comprehensive project agreement. 63 64 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 65 VIRGINIA BEACH, VIRGINIA, THAT: 66 67 The City Council hereby selects Light Rail Transit technology on Alternative 1A 68 Town Center as the Locally Preferred Alternative for the Virginia Beach Transit 69 Extension Study; and 70 71 BE IT FURTHER RESOLVED THAT: 72 73 The City Clerk is hereby directed to transmit this Resolution to the Transportation 74 District Commission of Hampton Roads, the Hampton Roads Transportation Planning 75 Organization, the Virginia Department of Rail and Public Transportation, and the 76 Federal Transit Administration. Adopted by the Council of the city of Virginia Beach, Virginia, on the 12th day of May , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: likt, 6 . lb t ° t le- (\ y Manager's Offi e C. t rney's Office 13347 R-4 May 5, 2015 -21- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 The following individuals registered to speak on the proposed FY2015-2016 Budget: Martha McClees spoke in support. She is a lifelong resident and Volunteer with the City. She advised she will not use Light Rail to travel to and from work but is willing to pay higher Real Estate Taxes to help fund the project. Light Rail is not about reducing congestion,forcing people out of cars or from single- family homes, but is to provide choices. Light Rail will support a diversified, economic base to keep individual taxes lower. When a community is not growing, it is dying. Currently the City is tied with Detroit in new job growth. She feels certain that everyone can agree we do not want to follow that model. City Council embraced the Envision 2040 Report and, by doing so, chose a path to grow a sustainable and progressive City with Strategic Growth Areas aligned with mix-use Urban Style Development. She supports the proposed Tax increase and the Budget to support it because the City will be moving in the right direction. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 426-5589, spoke in opposition. He expressed his frustration in coming year after year to state his concerns regarding the Budget to only have his concerns fall on deaf ears. He does not feel City Council understand the situation citizens are currently facing. They cannot afford any additional tax increase. It is unattractive to people to visit and businesses to re- locate due to the high taxes. He suggested City Council ask and listen to what the Citizens want and need. He encouraged City Council to consider and Vote Yes for Councilman Moss'Proposed Budget. Barbara Messner, spoke in opposition. She raised the question of the Vote being legal as the Referendum was for a study not an extension. She requested the City not invest any money toward the Arena. She does not feel every member of City Council can Vote on the Budget due to Conflicts of Interest. She is disappointed that Councilmen Dyer and Wood have jumped on the "band-wagon"for the Arena. The Term Sheet is not complete and it will take most of the 1,200 free parking spots at the Oceanfront. Jack Bray, 708 Drift Tide Drive, Phone: 578-7207, spoke in opposition. Mr. Bray acknowledges the City has done a lot of great things but expressed concern where the City is headed. He is a business owner and his goal is to decrease his budget by 5-12%each year. He requested the City ask each department to do the same. If the City would do this, the tax rate increase will not be needed. Kathryn Oran, 2460 Kerr Drive, Phone: 426-9024, spoke in opposition. She advised she is here to save the political careers of each City Council Member. The proposed Budget is reckless and should be disregarded in its entirety. Should any City Council Member support this reckless Budget, it will cost you your job. She advised she will spear-head each and every one of the campaigns against any of City Council that vote in favor. The only budget she supports is Councilman Moss'Proposed Budget. Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in support of Councilman Moss'Proposed Budget. She expressed her appreciation to Councilman Moss for all of this hard work in proposing a budget with no tax increases and providing pay-raises for the City and School Employees. Dayne Blythe, spoke on behalf of the Virginia Beach Taxpayers Alliance and in support of Councilman Moss'Proposed Budget. Fiscal responsibility and budgetary restraint must be exercised at all levels of government, especially the local level. He encouraged City Council to adopt Councilman Moss' Proposed Budget. This is a common sense budget with no tax increases, while prioritizing the City's needs. May 12, 2015 -22- Item-II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) George Bryant, 2320 Dood Drive, 434-0825, spoke in opposition. Mr. Bryant is a forty-seven (47)year resident of Wolfsnare Plantation. He stated he is, once again, disappointed with the disregard of the average Citizen, as evidenced in the proposed Budget. His assessment increased by 13.6 and with the proposed Real Estate Tax increase, his total increase will be 20%. He feels this increase is outrageous, especially when considering the increase in assorted fees over the past few years, including the garbage fee and water bill. Incomes have been stagnant since 2008, even though the Government tries to convince everyone things are improving. With most new jobs being low-wage, and the increases of health insurance and groceries, many families are struggling. Betty Kennedy, spoke in support of Councilman Moss' Proposed Budget. She advised she worked until she was 82 years old and is still active in the community at 85. She expressed her frustration that not one other City Council Member supports Councilman Moss. Also, she does not understand why the City continues to raise taxes and fees. She asked City Council Members do the same as Councilman Moss and open-up your mind to new and different things. Joe Bellez did not respond. Frank Papcin, spoke in opposition. He stated the City is full of neighborhoods built like a maze and not one person in those neighborhoods will use Light Rail. However, Light Rail will cost each and every taxpayer. He suggested the investment go toward road improvements and finishing the projects that continue to be delayed year after year. Robert Dean, spoke in opposition. He advised truth in lending is always a sore subject for those trying to "swindle" the public. This is no different than scammers promising an incredible return on investment. It all goes well until somewhere down the line figure out it's a scam. City Council has failed to tell the truth because should the Real Estate Assessments rise 101% or more over the current Rate, it must be reduced by a like-amount. Mayor Sessoms and Vice Mayor Jones'Proposed Budget will require a 10% Tax Increase and voting for Councilman Moss' Proposed Budget will not. Mr. Dean feels it is time for the City to live within their means just like Beach families. Petey Browder, spoke in opposition. She feels City Council is simply voting themselves money and if anyone needs proof simply google their name and VPAP. Ms. Browder presented 300 signed petitions collected since last Saturday that urges City Council not increase taxes. The City does not need an Arena or Light Rail to get there. It is time for the City to live within its means. This is the third time in the past few years, the City is increasing the water bill. However, this year, Councilman Moss provided a Proposed Budget that does not raise taxes and yet still provides for Public Safety and Employee raises. She requested City Council consider Councilman Moss'Proposed Budget. Marlayne Castelluzzo, spoke in opposition. She is the Chair of Virginia Beach Taxpayer's Alliance and they most certainly oppose the Tax Increase being laid upon the back of the Educators, Citizens and Employees of the City. She strongly urges City Council Members currently under investigation for Conflicts of Interest recuse themselves. She asked City Council to consider Councilman Moss'Proposed Budget, which achieves all of the goals necessary to meet the needs of the Citizens. She asked City Council take the honest and ethical action by adopting Councilman Moss'Proposed Budget. Carl Wright, requested funding be included in the Budget for body cameras for the Police Officers. He feels Police Officers deserve protection and unless body cameras are budgeted they will not be purchased. He stated the City always finds money for dolphin tanks and trails and believes the protection of our Police Officers and Citizens are much more important than dolphin tanks. May 12, 2015 -23- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Councilman Moss provided the presentation below as explanation of his NAY Vote: Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Governing Principle Until the City's budget is as lean as your household budget increasing the current rates is not acceptable nor necessary. Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget •Precludes City spending from increasing faster than the local economy by over seven-tenths of a percent. •Precludes City spending from increasing 4.9 percent faster than median family income that has fallen 2.7 percent 2 May 12, 2015 -24- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget • Does not increase current real estate tax rate by 6.5% • Does not increase local vehicle license tax by 25% • Does not increase cigarette tax by $830,000 3 Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget • Funds a 4 percent raise • Reduces School Board structural deficit by $10.4 million •Adds ten new police officers • Adds six new firefighters • Funds body cameras for police officers 4 May 12, 2015 -25- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget •No funding for light rail •No funding for Multi Modal Transit Fund •Fully funds Schools consistent with Council's proposal •Adopts the same funding sources informally consented to by Council for additional one percent raise 5 Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget •Applies a two percent lapse rate to City budgeted positions •Funds new positions for six months •Funds positions vacant since 2/2/2014 at six months 6 May 12, 2015 -26- Item-II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget • Does not fund transit alternatives in advance need •Federal Transit Administration's record of decision could be 18 months away •DEIS is still under adjudication •FEIS construction, which includes a public comment period has yet to start Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget Proposed Taxes Eliminated •Six cents of Real Estate Tax Rate: $30,742,890 •Annual Vehicle License Tax: 1,925,000 • Cigarette tax increase: 830,000 Taxpayers' Protection Totals $33,497,890 6 May 12, 2015 -27- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget Proposed Source of Reallocated Revenues •Two percent lapse rate: $6,408,166 • Roads&Line of Duty: 10,247,630 •Open Space(.22 meals) 2,424,754 •ARP dedication(.34 real estate) 1,742,097 • New FTE six month funding 723,522 •VIBE District(General Fund) 100,000 • Eliminate 13 positions(over a year vacant) 830,000 • Fund vacancies prior to 2/2/14 f/six months 423,775 •EDIP 500,000 • New Vehicle Purchases 1,150,000 Taxpayers'Home like balancing Total $24,549,944° Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget Proposed Receiver of Reallocated Revenues •Schools $10,247,630 •Line of Duty 1,150,000 •Biomedical Initiative 500,000 •Ten new police officers(six months) 288,279 •Six new firefighters(six months-4th ladder) 172,967 • Police body cameras 585,879 Taxpayers'Home like balancing Total $12,944,755 Balance applied to offset non-transit taxes $11,605,189 Cross check with slide 9 Total $24,549,944 to Does not include extra one percent pay raise May 12, 2015 I II I -28- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget Extra One Percent Reconciliation Increase Total Requirement = $4,009,835 City= $1,259,835 Schools = $2,750,000 Funding Sources • Debt Service Savings: $1,826,000 • School Reduction 700,000 •Telecom Revenue 700,000 • Health Care Reduction 783,835 Total $4,009,835 11 $6 million unfunded compensation liability in FY16-17 budget Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget My efforts do not begin to match the hard choices families have to make over the last decade not to mention just these last three years. 12 May 12, 2015 -29- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Council Member John Moss Pro Household Prosperity FY15-16 Budget Alternative Pro Prosperity Budget My duty is to serve as a fire wall between your path to prosperity and the insatiable appetite of government for your wealth and income that robs your of hope. 13 May 12, 2015 -30- Item -II-F.2a-1 ORDINANCES/RESOLUTIONS ITEM#64829 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 1. APPROPRIATE for the Fiscal Year, beginning July 1, 2015, and ending June 30, 2016, $1,872,230,052 for Operations, $528,496,314 for Internal Service and $198,066,313 in Inter Service Fund Transfers Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson,James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None **Councilman Davenport requested the Minutes record his opposition to Fees at Skate Park May 12, 2015 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1,2015 AND ENDING JUNE 30,2016 IN THE SUM 3 OF$1,872,230,052 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1, 2015, and ending June 30, 2016, and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 9 10 Sec.1. That the amounts named aggregating$2,598,792,679 consisting of$528,496,314 in inter-fund transfers, 11 $198,066,313 for internal service funds,and$1,872,230,052 for operations,are hereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for 13 the purposes hereinafter mentioned, as set forth in the Annual Operating Budget,which is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 2015, and ending June 30, 2016 (hereinafter, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as"Attachment A—Appropriations." 16 17 Sec.2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations 18 is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations 19 attached to this ordinance as"Attachment B—Revenues." 20 21 Sec.3. With the exception of the funds under the control of the School Board, specifically the funds numbered 22 104, 107, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the 23 total number of full-time permanent positions shall be the maximum number of positions authorized for the 24 various departments of the City during the Fiscal Year,except for changes or additions authorized by the Council or 25 as hereinafter provided.The City Manager may from time to time increase or decrease the number of part-time or 26 temporary positions provided the aggregate amount expended for such services shall not exceed the respective 27 appropriations made therefore.The City Manager is further authorized to make such rearrangements of positions 28 within and between the departments as may best meet the needs and interests of the City, including changes 29 necessary to implement the employee transition program. 30 31 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council 32 hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 33 throughout the Fiscal Year as may be necessary to implement organizational adjustments that have been 34 authorized by the City Council. Unless otherwise directed by the City Council,such organizational adjustments shall 35 be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 36 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 37 report each year to the City Council identifying the status and progress of any such organizational adjustments. 38 39 Sec.5. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service 40 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax 41 levy. 42 43 Sec.6. All balances of the appropriations payable out of each fund of the City Treasury at the close of the Fiscal 44 Year, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the respective 45 funds, except all appropriations to School Board Funds derived from local public sources which shall lapse and 46 revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in 47 the appropriation ordinance for the fiscal year beginning July 1, 2016. Prior to the expenditure of any sums that 48 have lapsed to the fund balance of any fund,an appropriation by the City Council shall be required. 49 50 Sec.7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 51 for developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) 52 for the Water and Sewer Fund,the goal of retaining working capital equal to 80%to 100%of one year's operating Fiscal Year 2015-16 10-1 Budget Ordinances 53 expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its 54 water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including water and sewer 55 general obligation bonds,at no less than 1.20 times and(c)for the Water and Sewer Fund,contributions from non- 56 borrowed funds, on a five-year rolling average basis, will be sought for approximately 25% of the annual capital 57 program for the water and sewer system. 58 59 Sec.8. All balances of appropriations in each fund which support authorized obligations or are encumbered at 60 the close of the business for the Fiscal Year, are hereby declared to be re-appropriated into the fiscal year 61 beginning July 1, 2016,and estimated revenues adjusted accordingly. 62 63 Sec.9. All balances of appropriations attributable to grants or other similar funding mechanism from state or 64 federal sources and trust or gift funds,whose period of expenditure extends beyond the fiscal year ending on June 65 30, 2015, are hereby declared to be re-appropriated into the Fiscal Year, and estimated revenues adjusted 66 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such 67 grant, and provided there is any remaining balance in the grant, the portion of the balance attributable to local 68 sources shall revert to the General Fund, special revenue fund, or enterprise fund that provided the local 69 contribution. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being 73 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated 74 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter- 75 fund Transfers. 76 77 Sec.11. The City Manager or the Director of Budget and Management Services is hereby authorized to approve 78 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 79 ordinance through the accrual period. The City Manager shall make a monthly report to the City Council of all 80 transfers between $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, 81 appropriations from all Reserves for Contingencies except Reserve for Contingencies—Regular,within the intent of 82 the Reserve as approved by City Council. 83 84 Sec. 12. The City Manager or the Director of Budget and Management Services is hereby authorized to establish 85 and administer budgeting within Appropriation Units consistent with best management practices, reporting 86 requirements, and the programs and services adopted by the City Council. Consistent with best management 87 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 88 collectible either during the current period or after the end of the current period, but in time to pay year-end 89 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 90 resources rather than future resources. In practical effect,the modified accrual system allows a window of 45 days 91 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City 92 Manager or the Director of Budget and Management Services is further authorized to establish administrative 93 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 94 95 Sec.13. The City Manager or the Director of Budget and Management Services is hereby authorized to change the 96 Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support 97 of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management Services 98 is hereby authorized to reduce, subject to any other provision of law,those appropriations to equal the decline in 99 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 100 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 101 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 102 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 103 each of the City's funds. The City Manager or the Director of Budget and Management Services is hereby 104 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated 105 expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be Fiscal Year 2015-16 10-2 Budget Ordinances 106 construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment 107 of interest or principal on the bonded debt of the City Government. 108 109 Sec.14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 110 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers 111 and employees of their personal automobiles in the discharge of their official duties shall not exceed fifty six cents 112 ($0.56) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of 113 such use within the fiscal year. 114 115 Sec.15. In the event of an emergency and under emergency circumstances wherein the City Council cannot 116 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 117 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 118 following the expenditure of funds under this provision,and as soon as the City Council can reasonably meet under 119 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds 120 were expended, and present to the City Council for adoption an emergency appropriations ordinance that sets 121 forth what measures are required to ensure that funds are forthwith restored to the appropriate accounts and 122 that the budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 123 124 An emergency is defined for the purposes of this provision as an event that could not have been 125 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 126 health, safety or welfare is involved,such as clean-up after a hurricane, and/or(ii) immediate action is required to 127 protect or preserve public properties. 128 129 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and 130 according to regulations approved by the City Council. Each account shall show the dates expenses were incurred 131 or paid; number of miles traveled; method of travel; hotel expenses; meals;and incidental expenses. The Director 132 of Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted 133 for"lump-sum"amounts. 134 135 Sec.17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by 136 City Council for total compensation, to implement the General Assembly mandated changes to the Virginia 137 Retirement System ("VRS") that require all full-time City employees hired before July 1, 2010 to pay five percent 138 (5%)of their salaries to the VRS to be offset by a pay increase of five percent(5%) by July 1, 2016.The City Council 139 has chosen to phase this in with 1% increments with 1% provided for fiscal year 2016. To accommodate VRS 140 requirements that the entire paycheck provided on July 15th include the fiscal year 2016 increase,the City Manager 141 or designee is authorized to make the changes in this section for the pay period relating back to June 22, 2015. 142 While not mandated by the General Assembly,a 1%increase is provided for all full time City employees hired after 143 July 1,2010. 144 145 Sec.18. A salary increase of 1.34%on the pay period relating back to June 22, 2015 for all full-time City employees 146 and 2.66%on the pay period relating back to September 22, 2015 for all full-time and part-time City employees is 147 hereby provided. The amount authorized by this Section 18 includes the 1% VRS required increase provided in 148 Section 17 for full-time City employees. 149 150 Sec.2319. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 151 persons responsible for the management of the Appropriation Unit in which the violation occurred. 152 153 Sec.-2320. This ordinance shall be effective on July 1, 2015. The portion of Sections 17 and 18 addressing the 154 requirements of VRS and the payroll period that crosses fiscal years shall be effective June 22, 2015. 155 156 Sec.2421. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 157 shall not affect the validity of the remaining parts of this ordinance. 158 Fiscal Year 2015-16 10-3 Budget Ordinances 159 160 Requires an affirmative vote by a majority of all of the members of City Council. 161 162 Adopted by the Council of the City of Virginia Beach,Virginia,on this thel th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Att• • dl ice Fiscal Year 2015-16 10-4 Budget Ordinances City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 002 General Fund Agriculture 833,949 Benefits Administration 635,538 Board of Equalization 8,890 Budget and Management Services 1,555,363 Circuit Court 1,087,268 City Attorney 4,012,759 City Auditor 761,283 City Clerk 581,904 City Manager 3,859,405 City Real Estate Assessor 3,188,980 City Treasurer 5,691,889 Clerk of the Circuit Court 3,283,302 Commissioner of the Revenue 4,350,535 Commonwealth's Attorney 7,862,105 Communications and Information Technology 21,685,494 Community Organization Grants 409,126 Computer Replacement Program 1,320,892 Convention and Visitor Bureau 9,227,461 Cultural Affairs 2,330,008 Debt Service 49,682,686 Economic Development 3,819,484 Emergency Communications and Citizen Services 10,516,719 Emergency Medical Services 9,670,027 Employee Special Benefits 8,177,750 Finance 4,754,675 Fire 48,136,383 General District Court 401,081 General Registrar 1,392,477 Health 3,186,061 Housing and Neighborhood Preservation 1,812,451 Human Resources 4,308,158 Human Services 110,807,517 Independent Financial Services 153,878 Juvenile and Domestic Relations District Court 129,355 Juvenile Probation 1,674,278 Leases 1,678,889 Library 17,721,277 Magistrates 91,154 Municipal Council 526,441 Municipal Solid Waste Management 750,000 Museums 12,018,528 Parks and Recreation 13,788,281 Planning 10,498,428 Police 96,941,334 Public Works 66,740,894 Regional Participation 2,218,478 Reserve for Contingencies 9,736,731 Revenue Reimbursements 13,239,529 Strategic Growth Area 804,556 Transfer to Other Funds 464,220,886 Vehicle Replacements 5,107,514 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted Virginia Beach Living River Trust 100,000 Fund 002 Appropriation Totals 1,047,492,051 098 School Reserve Special Revenue Fund Transfer to Other Funds 8,299,318 Fund 098 Appropriation Totals 8,299,318 104 Green Run Collegiate Charter School Instruction 2,508,529 Operations and Maintenance 376,494 Fund 104 Appropriation Totals 2,885,023 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 1,106,301 Fund 107 Appropriation Totals 1,106,301 108 School Instructional Technology Fund Instructional Technology 106,000 Fund 108 Appropriation Totals 106,000 109 School Vending Operations Fund Vending 220,289 Fund 109 Appropriation Totals 220,289 112 School Communication Tower Technology Fund Instructional Technology 600,000 Fund 112 Appropriation Totals 600,000 114 School Cafeteria Fund Cafeteria 30,227,350 Fund 114 Appropriation Totals 30,227,350 115 School Operating Fund Administration,Attendance, and Health 22,791,437 City Manager Adjustment -6,376,659 Debt Service 45,224,509 537,325,462 Instruction Operations and Maintenance 89,497,920 Pupil Transportation 31,485,354 Technology 26,927,450 Fund 115 Appropriation Totals 746,875,473 116 School Grants Fund Grants 57,287,954 Fund 116 Appropriation Totals 57,287,954 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 117 School Textbook Fund Textbook 9,094,147 Fund 117 Appropriation Totals 9,094,147 119 School Athletic Special Revenue Fund Athletic 4,922,642 Fund 119 Appropriation Totals 4,922,642 130 Law Library Fund Library 474,579 Reserve for Contingencies 2,353 Transfer to Other Funds 68,834 Fund 130 Appropriation Totals 545,766 140 Commonwealth Attorney's Fed & State Seized Assets SRF Commonwealth's Attorney 400,000 Fund 140 Appropriation Totals 400,000 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 20,653,032 Fund 147 Appropriation Totals 20,653,032 149 Sheriff's Department Special Revenue Fund Reserve for Contingencies 1,083,514 Sheriff and Corrections 41,938,623 Fund 149 Appropriation Totals 43,022,137 151 Parks and Recreation Special Revenue Fund Debt Service 3,774,676 Parks and Recreation 28,336,896 Public Works 2,638,206 Reserve for Contingencies 269,913 Transfer to Other Funds 2,511,550 Fund 151 Appropriation Totals 37,531,241 152 Tourism Investment Program Fund Convention and Visitor Bureau 100,000 Cultural Affairs 50,500 Debt Service 24,071,789 Parks and Recreation 621,868 Public Works 2,180,367 Reserve for Contingencies 3,360,404 Strategic Growth Area 3,938,506 Transfer to Other Funds 3,190,237 Fund 152 Appropriation Totals 37,513,671 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds 4,187,880 Fund 157 Appropriation Totals 4,187,880 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 161 Agriculture Reserve Program Special Revenue Fund Agriculture 222,884 Debt Service 3,089,564 Reserve for Contingencies 2,096 Fund 161 Appropriation Totals 3,314,544 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 11,010,017 Reserve for Contingencies 9,222 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 11,076,077 166 Sandbridge Tax Increment Financing Fund Future C.I.P.Commitments 8,000,000 Transfer to Other Funds 2,612,120 Fund 166 Appropriation Totals 10,612,120 169 Central Business District-South TIF (Twn Cntr) Fd Debt Service 7,649,568 Transfer to Other Funds 150,000 Fund 169 Appropriation Totals 7,799,568 172 Open Space Special Revenue Fund Debt Service 2,571,781 Parks and Recreation 516,441 Public Works 5,000 Reserve for Contingencies 6,287 Fund 172 Appropriation Totals 3,099,509 174 Town Center Special Service District Parks and Recreation 46,309 Town Center Special Tax District 1,981,980 Transfer to Other Funds 461,404 Fund 174 Appropriation Totals 2,489,693 179 Multimodal Transportation Special Revenue Fund Reserve for Contingencies 15,314,718 Strategic Growth Area 6,545,902 Transfer to Other Funds 10,247,630 Fund 179 Appropriation Totals 32,108,250 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation 1,733,009 Transfer to Other Funds 128,858 Fund 180 Appropriation Totals 1,861,867 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 1,030,331 Fund 181 Appropriation Totals 1,030,331 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 942,891 Fund 182 Appropriation Totals 942,891 183 Grants Consolidated Fund Commonwealth's Attorney 333,122 Emergency Communications and Citizen Services 2,000 Emergency Medical Services 375,000 Fire 650,000 Housing and Neighborhood Preservation 1,291,399 Human Services 1,771,352 Public Works 15,000 Transfer to Other Funds 665,427 Fund 183 Appropriation Totals 5,103,300 241 Water and Sewer Fund Debt Service 24,801,983 Public Utilities 77,654,869 Reserve for Contingencies 1,294,795 Transfer to Other Funds 16,930,132 Fund 241 Appropriation Totals 120,681,779 253 Parking Enterprise Fund Debt Service 688,054 Reserve for Contingencies 314,953 Strategic Growth Area 3,709,420 Transfer to Other Funds 722,871 Fund 253 Appropriation Totals 5,435,298 254 Waste Management Enterprise Fund Public Works 40,290,409 Reserve for Contingencies 568,394 Transfer to Other Funds 2,666,501 Fund 254 Appropriation Totals 43,525,304 255 Storm Water Utility Enterprise Fund Debt Service 3,398,368 Public Works 21,538,652 Reserve for Contingencies 3,700,331 Transfer to Other Funds 11,140,151 Fund 255 Appropriation Totals 39,777,502 310 Old Donation Creek Area Dredging SSD Reserve for Contingencies 66,751 Fund 310 Appropriation Totals 66,751 311 Bayville Creek Neighborhood Dredging SSD Fund Reserve for Contingencies 54,946 Fund 311 Appropriation Totals 54,946 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 312 Shadowlawn Area Dredging SSD Reserve for Contingencies 27,075 Fund 312 Appropriation Totals 27,075 313 Chesopeian Colony Dredging SSD Transfer to Other Funds 211,391 Fund 313 Appropriation Totals 211,391 314 Harbour Point Dredging SSD Reserve for Contingencies 15,564 Fund 314 Appropriation Totals 15,564 315 Gills Cove Dredging SSD Transfer to Other Funds 24,286 Fund 315 Appropriation Totals 24,286 316 Hurds Cove Dredging SSD Reserve for Contingencies 221,846 Fund 316 Appropriation Totals 221,846 460 School General Revenue Capital Projects Fund School Capital Projects 642,448 Fund 460 Appropriation Totals 642,448 540 General Government Capital Projects Fund Building Capital Projects 3,108,328 Coastal Capital Projects 9,820,019 Communications and Information Technology Projects 7,007,638 Economic and Tourism Development Capital Projects 5,539,629 Parks and Recreation Capital Projects 5,351,692 Roadways Capital Projects 10,125,445 Fund 540 Appropriation Totals 40,952,751 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 8,000,000 Fund 541 Appropriation Totals 8,000,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 8,490,000 Fund 555 Appropriation Totals 8,490,000 606 City Garage Internal Service Fund Public Works 13,204,065 Reserve for Contingencies 86,172 Fund 606 Appropriation Totals 13,290,237 I I' City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 607 Risk Management Internal Service Fund Finance 15,801,884 Reserve for Contingencies 9,242 Fund 607 Appropriation Totals 15,811,126 610 Capital Projects Internal Service Fund City Treasurer 70,000 Commissioner of the Revenue 71,307 Communications and Information Technology 471,339 Economic Development 69,304 Finance 180,562 Public Works 285,426 Fund 610 Appropriation Totals 1,147,938 613 School Landscaping Internal Service Fund Parks and Recreation 3,820,063 Reserve for Contingencies 64,289 Fund 613 Appropriation Totals 3,884,352 614 School Risk Management Fund School Risk Management 5,205,724 Fund 614 Appropriation Totals 5,205,724 615 City and School Health Insurance Fund City and School Health Insurance 145,389,250 Fund 615 Appropriation Totals 145,389,250 616 Fuels Internal Service Fund Public Works 6,547,122 Reserve for Contingencies 3,382 Fund 616 Appropriation Totals 6,550,504 620 Telecommunications Internal Service Fund Communications and Information Technology 3,056,511 Reserve for Contingencies 115,580 Fund 620 Appropriation Totals 3,172,091 621 Subscriptions Internal Service Fund Communications and Information Technology 3,368,237 Reserve for Contingencies 246,854 Fund 621 Appropriation Totals 3,615,091 908 City Beautification Fund Parks and Recreation 100,000 Fund 908 Appropriation Totals 100,000 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment A-Appropriations FY 2015-16 Adopted 909 Library Gift Fund Library 6,000 Fund 909 Appropriation Totals 6,000 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 5,000 Fund 910 Appropriation Totals 5,000 911 Parks and Recreation Gift Fund Parks and Recreation 80,000 Fund 911 Appropriation Totals 80,000 Total Budget Appropriations 2,598,792,679 Less Internal Service Funds 198,066,313 Less Interfund Transfers 528,496,314 NET BUDGET APPROPRIATIONS 1,872,230,052 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B- Revenue FY 2015-16 Adopted 002 General Fund Revenue From Local Sources Automobile License 9,534,845 Business License 46,842,468 Charges for Services 39,816,645 Cigarette Tax 11,642,478 Fines and Forfeitures 6,966,800 From the Use of Money and Property 5,392,000 General Sales Tax 59,780,905 Hotel Room Tax 6,328,444 Miscellaneous Revenue 5,185,545 Other Taxes 17,453,648 Permits, Privilege Fees,and Regulatory Licenses 5,144,605 Personal Property 143,202,520 Real Estate 467,993,529 Restaurant Meal Tax 38,725,640 Utility Tax 43,804,319 Revenue from the Commonwealth Other Sources from the Commonwealth 98,075,739 Revenue from the Federal Government 19,642,222 Specific Fund Reserves 5,166,556 Transfers from Other Funds 16,793,143 Fund 002 Revenue Totals 1,047,492,051 098 School Reserve Special Revenue Fund Specific Fund Reserves 8,299,318 Fund 098 Revenue Totals 8,299,318 104 Green Run Collegiate Charter School Transfers from Other Funds 2,885,023 Fund 104 Revenue Totals 2,885,023 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 1,106,301 Fund 107 Revenue Totals 1,106,301 108 School Instructional Technology Fund Specific Fund Reserves 106,000 Fund 108 Revenue Totals 106,000 109 School Vending Operations Fund Revenue From Local Sources Miscellaneous Revenue 192,550 Specific Fund Reserves 27,739 Fund 109 Revenue Totals 220,289 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B- Revenue FY 2015-16 Adopted 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property 260,000 Specific Fund Reserves 340,000 Fund 112 Revenue Totals 600,000 114 School Cafeteria Fund Revenue From Local Sources Charges for Services 12,486,006 From the Use of Money and Property 7,000 Miscellaneous Revenue 200,000 Revenue from the Commonwealth Other Sources from the Commonwealth 500,000 Revenue from the Federal Government 16,254,782 Specific Fund Reserves 779,562 Fund 114 Revenue Totals 30,227,350 115 School Operating Fund Revenue From Local Sources Charges for Services 2,116,638 From the Use of Money and Property 465,000 Miscellaneous Revenue 836,703 Revenue from the Commonwealth Other Sources from the Commonwealth 250,039,573 State Shared Sales Tax 71,783,907 Revenue from the Federal Government 12,944,198 Transfers from Other Funds 408,689,454 Fund 115 Revenue Totals 746,875,473 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue 3,539,285 Revenue from the Commonwealth Other Sources from the Commonwealth 12,123,343 Revenue from the Federal Government 41,625,326 Fund 116 Revenue Totals 57,287,954 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property 100,000 Miscellaneous Revenue 10,000 Revenue from the Commonwealth Other Sources from the Commonwealth 3,900,602 Specific Fund Reserves 5,083,545 Fund 117 Revenue Totals 9,094,147 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B- Revenue FY 2015-16 Adopted 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services 494,000 From the Use of Money and Property 5,000 Miscellaneous Revenue 4,423,642 Fund 119 Revenue Totals 4,922,642 130 Law Library Fund Revenue From Local Sources Charges for Services 280,000 From the Use of Money and Property 4,185 Specific Fund Reserves 261,581 Fund 130 Revenue Totals 545,766 140 Commonwealth Attorney's Fed & State Seized Assets SRF Specific Fund Reserves 400,000 Fund 140 Revenue Totals 400,000 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services 2,697,966 Miscellaneous Revenue 8,800 Revenue from the Federal Government 17,644,619 Transfers from Other Funds 301,647 Fund 147 Revenue Totals 20,653,032 149 Sheriff's Department Special Revenue Fund Revenue From Local Sources Charges for Services 4,627,588 From the Use of Money and Property 11,000 Miscellaneous Revenue 10,000 Revenue from the Commonwealth Other Sources from the Commonwealth 18,092,672 Revenue from the Federal Government 200,750 Transfers from Other Funds 20,080,127 Fund 149 Revenue Totals 43,022,137 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 13,566,522 From the Use of Money and Property 1,644,904 Miscellaneous Revenue 5,776 Permits,Privilege Fees,and Regulatory Licenses 1,375 Real Estate 17,810,382 Revenue from the Commonwealth Other Sources from the Commonwealth 15,750 Specific Fund Reserves 27,000 Transfers from Other Funds 4,459,532 Fund 151 Revenue Totals 37,531,241 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B- Revenue FY 2015-16 Adopted 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 6,443,446 Cigarette Tax 831,606 Fines and Forfeitures 714,000 From the Use of Money and Property 794,900 Hotel Room Tax 16,842,715 Miscellaneous Revenue 4,050 Permits,Privilege Fees,and Regulatory Licenses 200,046 Restaurant Meal Tax 11,682,908 Fund 152 Revenue Totals 37,513,671 157 Sandbridge Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 6,899 Hotel Room Tax 798,013 Real Estate 666,699 Specific Fund Reserves 225,595 Transfers from Other Funds 2,490,674 Fund 157 Revenue Totals 4,187,880 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources Real Estate 2,869,337 Specific Fund Reserves 445,207 Fund 161 Revenue Totals 3,314,544 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 101,198 From the Use of Money and Property 45,700 Hotel Room Tax 5,390,974 Miscellaneous Revenue 27,399 Restaurant Meal Tax 5,510,806 Fund 163 Revenue Totals 11,076,077 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property 27,459 Real Estate 8,960,059 Specific Fund Reserves 1,624,602 Fund 166 Revenue Totals 10,612,120 169 Central Business District-South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 2,000 Hotel Room Tax 500,000 Miscellaneous Revenue 400,000 Real Estate 6,377,444 Specific Fund Reserves 520,124 Fund 169 Revenue Totals 7,799,568 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B- Revenue FY 2015-16 Adopted 172 Open Space Special Revenue Fund Revenue From Local Sources Restaurant Meal Tax 2,424,755 Specific Fund Reserves 674,754 Fund 172 Revenue Totals 3,099,509 174 Town Center Special Service District Revenue From Local Sources From the Use of Money and Property 1,000 Real Estate 1,800,494 Specific Fund Reserves 538,199 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 2,489,693 179 Multimodal Transportation Special Revenue Fund Revenue From Local Sources Automobile License 1,925,000 Real Estate 21,212,594 Restaurant Meal Tax 2,424,754 Transfers from Other Funds 6,545,902 Fund 179 Revenue Totals 32,108,250 180 Community Development Special Revenue Fund Revenue from the Federal Government 1,195,539 Transfers from Other Funds 666,328 Fund 180 Revenue Totals 1,861,867 181 CD Loan and Grant Fund Non-Revenue Receipts 90,000 Revenue from the Federal Government 565,099 Transfers from Other Funds 375,232 Fund 181 Revenue Totals 1,030,331 182 Federal Housing Assistance Grant Fund Non-Revenue Receipts 100,000 Revenue from the Federal Government 842,891 Fund 182 Revenue Totals 942,891 183 Grants Consolidated Fund Revenue From Local Sources Charges for Services 43,632 Revenue from the Commonwealth Other Sources from the Commonwealth 3,094,058 Revenue from the Federal Government 1,406,131 Transfers from Other Funds 559,479 Fund 183 Revenue Totals 5,103,300 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B-Revenue FY 2015-16 Adopted 241 Water and Sewer Fund Non-Revenue Receipts 1,874,660 Revenue From Local Sources Charges for Services 115,920,600 From the Use of Money and Property 385,151 Miscellaneous Revenue 395,078 Revenue from the Federal Government 936,823 Transfers from Other Funds 1,169,467 Fund 241 Revenue Totals 120,681,779 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services 4,776,506 Fines and Forfeitures 180,000 From the Use of Money and Property 200,114 Permits, Privilege Fees,and Regulatory Licenses 230,000 Transfers from Other Funds 48,678 Fund 253 Revenue Totals 5,435,298 254 Waste Management Enterprise Fund Revenue From Local Sources Charges for Services 36,298,127 From the Use of Money and Property 125,000 Miscellaneous Revenue 750,000 Permits, Privilege Fees,and Regulatory Licenses 140,000 Revenue from the Commonwealth Other Sources from the Commonwealth 45,000 Specific Fund Reserves 1,000,621 Transfers from Other Funds 5,166,556 Fund 254 Revenue Totals 43,525,304 255 Storm Water Utility Enterprise Fund Revenue From Local Sources Charges for Services 39,335,032 From the Use of Money and Property 85,000 Miscellaneous Revenue 60,000 Revenue from the Federal Government 267,597 Transfers from Other Funds 29,873 Fund 255 Revenue Totals 39,777,502 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 66,751 Fund 310 Revenue Totals 66,751 311 Bayville Creek Neighborhood Dredging SSD Fund Revenue From Local Sources Real Estate 54,946 Fund 311 Revenue Totals 54,946 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B- Revenue FY 2015-16 Adopted 312 Shadowlawn Area Dredging SSD Revenue From Local Sources Real Estate 27,075 Fund 312 Revenue Totals 27,075 313 Chesopeian Colony Dredging SSD Revenue From Local Sources Real Estate 200,504 Specific Fund Reserves 10,887 Fund 313 Revenue Totals 211,391 314 Harbour Point Dredging SSD Revenue From Local Sources Real Estate 15,564 Fund 314 Revenue Totals 15,564 315 Gills Cove Dredging SSD Revenue From Local Sources Real Estate 13,113 Specific Fund Reserves 11,173 Fund 315 Revenue Totals 24,286 316 Hurds Cove Dredging SSD Revenue From Local Sources Real Estate 221,846 Fund 316 Revenue Totals 221,846 460 School General Revenue Capital Projects Fund Transfers from Other Funds 642,448 Fund 460 Revenue Totals 642,448 540 General Government Capital Projects Fund Transfers from Other Funds 40,952,751 Fund 540 Revenue Totals 40,952,751 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 8,000,000 Fund 541 Revenue Totals 8,000,000 555 Storm Water Capital Projects Fund Transfers from Other Funds 8,490,000 Fund 555 Revenue Totals 8,490,000 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services 12,675,518 Miscellaneous Revenue 276,759 Specific Fund Reserves 337,960 Fund 606 Revenue Totals 13,290,237 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B-Revenue FY 2015-16 Adopted 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services 15,783,368 From the Use of Money and Property 27,758 Fund 607 Revenue Totals 15,811,126 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 1,147,938 Fund 610 Revenue Totals 1,147,938 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 3,884,352 Fund 613 Revenue Totals 3,884,352 614 School Risk Management Fund Revenue From Local Sources Charges for Services 5,205,724 Fund 614 Revenue Totals 5,205,724 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 145,389,250 Fund 615 Revenue Totals 145,389,250 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 6,410,504 Specific Fund Reserves 140,000 Fund 616 Revenue Totals 6,550,504 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 3,172,091 Fund 620 Revenue Totals 3,172,091 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services 2,516,091 Specific Fund Reserves 1,099,000 Fund 621 Revenue Totals 3,615,091 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 100,000 Fund 908 Revenue Totals 100,000 City of Virginia Beach, Virginia Fiscal Year 2015-16 Budget Ordinance Attachment B-Revenue FY 2015-16 Adopted 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 6,000 Fund 909 Revenue Totals 6,000 910 Parking Meters - Homeless Donation Fund Revenue From Local Sources Miscellaneous Revenue 5,000 Fund 910 Revenue Totals 5,000 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue 80,000 Fund 911 Revenue Totals 80,000 Total Budget Revenues 2,598,792,679 Less Internal Service Funds 198,066,313 Less Interfund Transfers 528,496,314 NET BUDGET REVENUES 1,872,230,052 -31- Item -II-F.2a-2 ORDINANCES/RESOLUTIONS ITEM#64830 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 2) ESTABLISH the tax levy of Ninety-nine Cents ($0.99)per one- hundred($100)assessed evaluation on Real Estate for FY 2016 Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR 2 FISCAL YEAR 2016 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 2016 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 nine* three ninety-nine($0.93)($0.99) on each one 9 hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this 10 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 of 12 Virginia. It is the intention of the Council that four cents of the tax rate is dedicated, subject to annual 13 appropriation, to provide funding for the Schools to offset the decrease in State funding through the Local 14 Composite Index, and two cents of the tax rate is dedicated, subject to annual appropriation, to offset the State 15 reduction in funding for urban road construction and the increased local obligations under the Line of Duty Act. 16 The Council directs the City Manager in the production of future budgets to provide an analysis of State funding for 17 Schools, urban road construction, and the Line of Duty Act. At such time as the State restores funding above the 18 following benchmarks: funding for Schools at $350M (per annum, net of School Facility Funds); urban road 19 construction at $20M (per annum); and Line of Duty Act at $0 (per annum), the City Manager will recommend a 20 reduction, in whole or in part, to the four cent or two cent tax rate dedication in an amount roughly equal to the 21 increased State funding with a corresponding decrease in the real estate tax rate. 22 23 Sec.2. Amount of Levy on"Certified Storm Water Management Developments and Property,""Certified Solar 24 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental 25 Restoration Sites," Real Estate Improved by Erosion Controls, and Certain Wetlands and Riparian 26 Buffers. 27 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 of 28 the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2015,taxes on all real 29 estate (a) certified by the Department of Environmental Quality as "Certified Storm Water Management 30 Developments and Property," (b) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar 31 Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (c) defined by 32 Code of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (d) improved to control erosion as 33 defined by Code of Virginia § 58.1-3665, or(e) qualifying as wetlands and riparian buffers as described by Code of 34 Virginia §58.1-3666, not exempt from taxation, at a rate of ninety three ninety-nine cents($0.93)($0.99)on each 35 one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be 36 applied on the basis of one hundred percentum of fair market value of such real property except for public service 37 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 38 39 Sec.3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 40 There shall be levied and collected for fiscal year 2016, taxes for the special purpose of providing beach 41 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 42 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars($100)of assessed 43 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 44 ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the 45 City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 46 of the City Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in 47 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 48 percentum of the fair market value of such real property except for public service real property,which shall be on 49 the basis as provided in Section 58.1-2604 of the Code of Virginia. 50 51 Sec.4. Amount of Levy on Real Estate Within the Town Center Special Service District. Fiscal Year 2015-16 10-22 Budget Ordinances 52 For the special purpose of operating and maintaining the parking garage and providing enhanced services 53 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 54 additional services authorized by Virginia Code§ 15.2-2403,there shall be levied and collected for fiscal year 2016, 55 taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of 56 forty-five cents($0.45)on each one hundred dollars($100)of assessed value thereof.This real estate tax rate shall 57 be in addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies for Land 58 Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption,Deferral or Freeze for Elderly 59 and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall be 60 applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax 61 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 62 property, except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of 63 the Code of Virginia. 64 65 Sec.5. Amount of Levy on"Energy-Efficient Buildings". 66 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, 67 there shall be levied and collected for general purposes for the fiscal year 2016, taxes on all real estate that has 68 been classified as an energy efficient building, not exempt from taxation, at a rate of seventy-eight eighty-four 69 cents ($0.78) ($0.84) on each one hundred dollars of assessed valuation thereof. The real property tax rate 70 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 71 property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the 72 Code of Virginia. 73 74 Sec.6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 75 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, 76 there shall be levied and collected for general purposes for the fiscal year 2016, taxes on buildings that are 77 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is 78 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was 79 listed on the Virginia Landmarks Register at a rate of forty-nine fifty-two ($0.49) ($0.52) on each one hundred 80 dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the 81 basis of one hundred percentum of fair market value of such real property except for public service property, 82 which shall be on the basis as provided by Section 58.1-2604 of the Code of Virginia. 83 84 Sec.7. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts. 85 There shall be levied and collected for fiscal year 2016, taxes for the special purpose of providing 86 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within each special 87 service district listed below: 88 a. Old Donation Special Service District, not exempt from taxation, at the rate of eighteen and four- 89 tenths cents($0.184)on each one hundred dollars($100)of assessed value thereof. 90 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of thirty six and three- 91 tenths cents($0.363)on each one hundred dollars($100)of assessed value thereof. 92 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and nine-tenths 93 cents($0.1594)on each one hundred dollars($100)of assessed value thereof. 94 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and one- 95 tenths cents($0.2913)on each one hundred dollars($100)of assessed value thereof. 96 e. Harbour Point Special Service District, not exempt from taxation,at the rate of seven and nine-tenths 97 cents($0.079)on each one hundred dollars($100)of assessed value thereof. 98 f. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three-tenths cents 99 ($0.063)on each one hundred dollars($100)of assessed value thereof. 100 g. Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight- 101 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof. 102 103 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. 104 Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply Fiscal Year 2015-16 10-23 Budget Ordinances 105 without reduction to any properties subject to ad valorem taxes including those properties enrolled in the 106 Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code§§35-61,et seq. As set forth in Code of 107 Virginia, section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 108 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the 109 basis of one hundred percentum(100%)of the fair market value of such real property except for public service real 110 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 111 112 113 Sec.8 Severability. 114 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 115 shall not affect the validity of the remaining portions of this ordinance. 116 117 Sec.9 Effective Date. 118 The effective date of this ordinance shall be July 1,2015. 119 120 Requires an affirmative vote by a majority of all of the members of City Council. 121 122 Adopted by the City Council of the City of Virginia Beach,Virginia on thil 2th day of May, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - )1QJ )' Budget and Management ServicesCJ,y : s • ice Fiscal Year 2015-16 10-24 Budget Ordinances -32- Item -II-F.2a-3 ORDINANCES/RESOLUTIONS ITEM#64831 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 3) ESTABLISH the tax levy of Four Dollars ($4.00) per one hundred ($100) assessed evaluation on Personal Property and Machinery and Tools for the Calendar Year 2016 Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE 3 CALENDAR YEAR 2016 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 Sec.1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia,taxes shall be levied and collected for 8 general purposes for the calendar year 2016 on all tangible personal property, including all separate classifications 9 of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in 10 this ordinance,at the rate of four dollars($4.00)on each one hundred dollars($100)assessed valuation thereof. 11 12 Sec.2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not 14 otherwise exempted from taxation in this ordinance or by law,shall be subject to the following: 15 1. Any qualifying-vehicle with a total assessed value of$1,000 or less will be levied no tax, reflecting 16 a reimbursement of 100%Personal Property Tax Relief Act. 17 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 45% 18 47.5%of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the 19 state under the Personal Property Tax Relief Act equal to the remaining 55% 52.5% of the computed tax on the 20 first$20,000 of assessed value. 21 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 45-% 47.5% of the 22 computed tax based on the first $20,000 of assessed value and 100%of the computed tax based on the assessed 23 value in excess of$20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act 24 equal to the remaining 55%52.5%of the computed tax on the first$20,000 of assessed value. 25 - - -.- . . •- .. ' - • A -- -- • - -_ 26 27 28 ee 29 ee 30 ' 31 . 32 date of the tax. 33 34 Sec.3. Amount of Levy on Certain Classifications of Tangible Personal Property 35 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia,taxes shall be levied and collected for 36 general purposes for the calendar year 2016 on the certain classifications of tangible personal property set forth 37 below at the rate of four dollars($4.00)on each one hundred dollars($100)assessed valuation thereof. 38 a. heavy construction equipment as described in Code of Virginia§58.1-3506(A)(8); 39 b. computer equipment as described in Code of Virginia §58.1-3506(A)(11); 40 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 41 control equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 42 devices and certified recycling equipment,facilities or devices"; 43 d. furniture,office,and maintenance equipment as described in Code of Virginia§58.1-3506(A)(24); 44 e. all tangible personal property employed in a trade or business other than described in subdivisions A 45 1 through A 18,except for subdivision A 17,of§58.1-3503 as described in Code of Virginia§58.1-3506(A)(26); 46 f. programmable computer equipment and peripherals employed in a trade or business ad described in 47 Code of Virginia§58.1-3506(A)(27); 48 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 49 58-1-3506(A)(31); 50 h. forest harvesting and silvicultural activity as described in Code of Virginia §58-1-3506(A)(33); 51 i. equipment used primarily for research, development, production or provision of biotechnology as 52 described in Code of Virginia§58-1-3506(A)(34); Fiscal Year 2015-16 10-25 Budget Ordinances I II i 53 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 54 provider and is not licensed by the FCC used to provide,for a fee,wireless broadband internet service as described 55 in Code of Virginia§58-1-3506(A)(37). 56 57 Sec.4. Amount of Levy on Manufactured Homes. 58 There shall be levied and collected for general purposes for the calendar year 2016 taxes on all vehicles 59 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of 60 the Code of Virginia, at the rate of ninetyee ninety-nine cents $0.93) ($0.991 on each one hundred dollars 61 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in 62 Section 58.1-3506(A)(10). 63 64 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 65 There shall be levied and collected for general purposes for the calendar year 2016 taxes on all boats or 66 watercraft used for business purposes(both boats weighing less than five (5)tons and boats weighing five(5)tons 67 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents($1.50) on 68 each one hundred dollars($100)of assessed valuation thereof.Such property declared a separate class of tangible 69 personal property in Sections 58.1-3506(A)(35)and(A)(36). 70 71 Sec.6.Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 72 There shall be levied and collected for general purposes for the calendar year 2016 taxes on all boats or 73 watercraft not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or 74 more, except as provided for in Section 8 of this ordinance,at the rate of one dollar and fifty cents($1.50)on each 75 one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 76 personal property in Sections 58.1-3506(A)(1)(a)and(A)(1)(b). 77 78 Sec.7. Amount of Levy on Machinery and Tools. 79 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for 80 general purposes for the calendar year 2016 taxes on machinery and tools, including machinery and tools used 81 directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the 82 rate of one millionth of one cent($.000001) on each one hundred dollars ($100) of assessed valuation thereof.As 83 provided by Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of 84 machinery and tools: 85 a. all tangible personal property used in research and development businesses,as described in Code of 86 Virginia §58.1-3506(A)(7); 87 b. generating or cogenerating equipment,as described in Code of Virginia§58.1-3506(A)(9);and 88 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 89 used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of 90 Virginia §58.1-3506(A)(25). 91 92 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 93 There shall be levied and collected for general purposes for the calendar year 2016 taxes on all privately 94 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 95 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 96 class of tangible personal property in Sections 58.1-3506(A)(12),(A)(28),and(A)(29). 97 98 Sec.9.Amount of Levy on Privately Owned Camping Trailers,Privately Owned Travel Trailers,and Motor Homes 99 Used for Recreational Purposes Only,and Privately Owned Horse Trailers. 100 There shall be levied and collected for general purposes for the calendar year 2016 taxes at the rate of 101 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the 102 following property: (a)all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the 103 Code of Virginia and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for 104 recreational purposes only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that 105 are designed and used for the transportation of horses, except those trailers described in subdivision (A) (11) of§ Fiscal Year 2015-16 10-26 Budget Ordinances 106 58.1-3505 of the Code of Virginia.Such property declared a separate class of tangible personal property in Sections 107 58.1-3506(A)(18)and(A)(30). 108 109 Sec. 10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 110 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2016 at the 111 rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) 112 motor vehicle owned and regularly used by a veteran who has either lost,or lost the use of,one or both legs,or an 113 arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of 114 Veterans'Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate 115 established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the 116 veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' 117 Affairs that the veteran has been so designated or classified by the Department of Veterans'Affairs as to meet the 118 requirements of Section 58.1-3506 (A) (19), and that his or her disability is service connected. Such property 119 declared a separate class of tangible personal property in Section 58.1-3506(A)(19). 120 121 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 122 Years of Age or Anyone Found to be Permanently and Totally Disabled. 123 a. In accordance with Sections 58.1-3506.1 et seq.of the Code of Virginia,there shall be a reduced tax, 124 levied and collected for general purposes for calendar year 2016,at the rate of three dollars($3.00)on each one 125 hundred dollars($100.00)of assessed valuation,on one(1)automobile or pickup truck owned and used primarily 126 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,as defined 127 in Section 58.1-3506.3 of the Code of Virginia,subject to the following conditions: 128 1. The total combined income received, excluding the first $7,500 of income, from all sources 129 during calendar year 2014 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 130 ($22,000). 131 2. The owner's net financial worth, including the present value of all equitable interests, as of 132 December 31 of calendar year 2015,excluding the value of the principal residence and the land, not exceeding one 133 (1)acre, upon which it is situated,shall not exceed seventy thousand dollars($70,000). 134 3. All income and net worth limitations shall be computed by aggregating the income and assets, 135 as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of 136 the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,irrespective of 137 how such motor vehicle may be titled. 138 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over 139 or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been 140 satisfied. 141 142 Sec. 12.Assessed Value Determination. 143 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 144 sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for 145 the City of Virginia Beach. 146 147 Sec.13.Severability. 148 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 149 shall not affect the validity of the remaining portions of this ordinance. 150 151 Sec. 14.Effective Date. 152 This ordinance shall be effective January 1, 2016. 153 154 Requires an affirmative vote by a majority of all of the members of City Council. 155 Fiscal Year 2015-16 10-27 Budget Ordinances APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jp -Q a 1 ) ., ..... Budget and Management Services ( Cit ,Attorney's •ffice Fiscal Year 2015-16 10-28 Budget Ordinances I II i -33- Item -II-F.2a-4 ORDINANCES/RESOLUTIONS ITEM#64832 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 4) DECLARE $7-Million as surplus within the Sandbridge Tax Increment Financing District (SSD) re beach and shoreline restoration and management at Sandbridge Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING 2 WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING 3 DISTRICT AS SURPLUS FUNDS IN THE FY 2014-15 OPERATING 4 BUDGET 5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special 6 Service District(Sandbridge SSD),were established to provide a funding source for beach and shoreline restoration 7 and management at Sandbridge; 8 9 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that 10 funding is adequate for long-term beach and shoreline restoration and management along Sandbridge; 11 12 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient 13 funding to meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 16 project;and 17 18 WHEREAS, $ 7,000,000 is available as an unencumbered appropriation in the FY 2014-15 Sandbridge TIF 19 Reserve for Future Commitments. 20 21 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 22 23 That$ 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 24 obligations for beach and shoreline restoration and management and is hereby declared surplus. 25 26 27 BE IT FURTHER ORDAINED:That this ordinance shall be effective on June 30, 2015. 28 29 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 1 2 th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r 1-;.0),-A'f3 a, 5 . ••-_ CUI-CL4)) .) — ` l- -- Budget and Management Services City Attc ey's Office Fiscal Year 2015-16 10-28 Budget Ordinances -34- Item-II-F.2a-5 ORDINANCES/RESOLUTIONS ITEM#64833 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 5) CERTIFY to the Virginia Retirement System re member contributions by salary reduction Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M Dyer John D. Moss Council Members Absent: None May 12, 2015 1 A RESOLUTION PROVIDING CERTIFICATION TO THE VIRGINIA 2 RETIREMENT SYSTEM REGARDING MEMBER CONTRIBUTIONS BY 3 SALARY REDUCTION 4 5 WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who are Virginia Retirement 6 System members who commence or recommence employment on or after July 1, 2012, shall be required to 7 contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 8 414(h)on a pre-tax basis upon commencing or recommencing employment;and 9 10 WHEREAS, the City employees who are Virginia Retirement System members and in service on June 30, 11 2012,shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to 12 Internal Revenue Code§414(h)on a pre-tax basis no later than July 1,2016;and 13 14 WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one 15 percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until 16 the employees'contributions equal five percent of creditable compensation;and 17 18 WHEREAS,the City may elect to require such employees in service on June 30, 2012, to contribute more 19 than an additional one percent each year, in whole percentages, until the employees' contributions equal five 20 percent of creditable compensation;and 21 22 WHEREAS,the second enactment clause of Chapter 822 of the 2012 Acts of Assembly(SB497) requires an 23 increase in total creditable compensation, effective July 1, 2015, to each such employee in service on June 30, 24 2015,who was also in service with the City on June 30, 2012,to offset the cost of the member contributions,such 25 increase in total creditable compensation to be equal to the percentage increase of the member contribution paid 26 by such pursuant to this resolution(For example, if the member contribution paid by the employee increases from 27 two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable 28 compensation.). 29 30 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA,THAT: 31 32 The City of Virginia Beach (VRS #55234) does hereby certify to the Virginia Retirement System Board of 33 Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 34 2012 Acts of Assembly(SB497)according to the following schedule for the fiscal year beginning July 1, 2015: 35 Plan 1 Percent Plan 2 Percent Employer Paid Member 1% Employer Paid Member 0% Contribution Contribution Employee Paid Member 4% Employee Paid Member 5% Contribution Contribution Total 5% Total 5% 36 37 BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to 38 be made by the City in lieu of member contributions;and 39 40 BE IT FURTHER RESOLVED,that pick up member contributions shall be paid from the same source of funds 41 as used in paying the wages to affected employees;and 42 43 BE IT FURTHER RESOLVED, that member contributions made by the City under the pick up arrangement 44 shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same 45 manner and to the same extent as member contributions made prior to the pick up arrangement;and 46 Fiscal Year 2015-16 10-29 Budget Ordinances 47 BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to 48 VRS members to receive pick up contributions made by the City directly instead of having them paid to VRS;and 49 50 BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each 51 member of VRS who is an employee of the City shall be reduced by the amount of member contributions picked up 52 by the City on behalf of such employee pursuant to the forgoing resolutions;and 53 54 BE IT FURTHER RESOLVED, that in accordance with the Appropriation Act, no salary increases that were 55 provided solely to offset the cost of required member contributions to the Virginia Retirement System under 56 §51.1-144 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations 57 Act have been provided. 58 59 NOW, THEREFORE, the City Manager or designee is hereby authorized and directed in the name of the 60 City to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the 61 Treasurer of Virginia from time to time such sums as are due to be paid by the City for this purpose. 62 63 Adopted by the Council of the City of Virginia Beach,Virginia,on the 12 th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: } Budget and Management Services Ci orn ' ffice Fiscal Year 2015-16 10-30 Budget Ordinances -35- Item-II-F.2a-6 ORDINANCES/RESOLUTIONS ITEM#64834 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 6) IMPLEMENT the 2016 Employee and Retiree Health Insurance Plans Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 A RESOLUTION REGARDING THE CITY'S 2016 EMPLOYEE AND 2 RETIREE HEALTH INSURANCE PLANS 3 4 WHEREAS,the next Health Insurance Plan Year takes effect January 1,2016; 5 6 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT 7 8 1. The City Manager or his designee is hereby authorized to work with the Consolidated Benefits Office to 9 implement the Health Insurance Offerings to City and School Employees as outlined below: 10 11 a. Implement the plan design changes set forth in Attachment A for plan year 2016 and maintain 12 three plan offerings of Basic,Standard,and Premier. 13 14 b. Establish an employer contribution strategy as to provide a defined contribution to each tier of 15 each of the three plans offered, equal to the amount needed in the Basic plan to maintain for 16 active employees, ninety-seven percent (97% coverage for the single subscriber, eighty percent 17 (80%) coverage for dependents, and sixty percent (60%) coverage for an eligible spouse. Retired 18 employees (non-Medicare eligible) would be covered at ninety-one percent (91%) for the single 19 subscriber, eighty percent(80%)coverage for dependents, and sixty percent(60%) coverage for an 20 eligible spouse resulting in the following defined contribution. 21 22 Employee Only $456.51 Retiree Only $557.39 23 Employee Plus Child $689.84 Retiree Plus Child $791.08 24 Employee Plus Children $999.48 Retiree Plus Children $1,102.30 25 Employee Plus Spouse $832.42 Retiree Plus Spouse $1,040.07 26 Family $1,183.33 Retiree Family $1,392.78 27 28 1) A one-time lump sum Health Savings Account contribution in the amount of$500 will be made 29 for members choosing to enroll in the Basic POS plan effective January 1, 2016, as well as to 30 members that were eligible in 2015, but did not previously receive a contribution. 31 2) Employees hired on or after July 1, 2014, will not receive an employer contribution to retiree 32 health insurance. Per State law(Virginia Code § 15.2-1517), such employees with fifteen years 33 of continuous service with the City or Schools may elect to continue on a City and School 34 Health Insurance Plan upon retirement, but the retiree would be responsible for the full 35 premium cost of the selected plan. 36 37 2. The City Auditor is directed to conduct an audit of health care claims by an independent outside firm. The 38 City Auditor is also directed to perform periodic audits of the health care program as deemed necessary. 39 40 3. The City Auditor is directed to provide for an actuarial valuation of retiree health insurance costs 41 biennially to meet the Government Accounting Standards Board (GASB) 45 pronouncement concerning 42 fully costing out Other Post Employment Benefits. 43 44 4. This Resolution shall become effective on January 1,2016. 45 46 Adopted by the Council of the City of Virginia Beach,Virginia on the 1 2 th day of May,2015. Fiscal Year 2015-16 10-31 Budget Ordinances I' APPROVED AS TO CONTENT: APPROVEDAS TO LEGAL SUFFICIENCY: ._. c.,,,,-,,,,_) a ., • • Budget and Management Services CityA me 0 ice Fiscal Year 2015-16 10-32 Budget Ordinances Attachment A Calendar Year Plan for 2016 Compared to Current Plans 2015 Current Plans 2016 Plans POS Plus PPO PPO Premier Standard Basic Deductibles $500/$1500 $1,000/$2,000 $1,500/$3,000 $850/$1700 $1,300/$2,600 $2,000/$4,000 (non-embedded) (non-embedded) HSA Funding PYA PYA $500** PYA None $500** Out of Pocket Max $2,500/$5,000 $3,000/$6,000 $3,500/$7,000 $3,000/$6,000 $3,500/$7,000 $4,000/$8,000 PCP Visit $20/100%* 15%Coinsurance 20%Coinsurance $20/100%* 20%Coinsurance 25%Coinsurance Preventive Visit 100%* 100%* 100%* 100%* 100%* 100%* Specialist Visit $40/100%* 15%Coinsurance 20%Coinsurance $40/100%* 20%Coinsurance 25%Coinsurance Diagnostic 10%Coinsurance 15%Coinsurance 20%Coinsurance 15%Coinsurance 20%Coinsurance 25%Coinsurance (X-ray,blood work) Imaging(CT/PET, 10%Coinsurance 15%Coinsurance 20%Coinsurance 15%Coinsurance 20%Coinsurance 25%Coinsurance MRI) Inpatient Hospital 10%Coinsurance 15%Coinsurance 20%Coinsurance 15%Coinsurance 20%Coinsurance 25%Coinsurance Outpatient Surgery 10%Coinsurance 15%Coinsurance 20%Coinsurance 15%Coinsurance 20%Coinsurance 25%Coinsurance Maternity Care $350 Copay* 15%Coinsurance 20%Coinsurance $350 Copay* 20%Coinsurance 25%Coinsurance Pharmacy** After Deductible: After Deductible: Tier 1 $15* $15* $15 $25* $25 $25 Tier 2 $30* $30* $30 $45* $45 $45 25%(min$45, 25%(min$45, 25%(min$45, 25%Coinsurance 25%Coinsurance 25%Coinsurance Tier 3 max$60)* max$60)* max$60) max$75)* max$75) max$75) 50%(min$60, 50%(min$60, 50%(min$60, 25% 25% 25% Specialty max$110)* max$110)* max$110) max$200)* max$200) max$200) Notes: *Deductible does not apply to this service **Basic$500 HSA contribution offered first plan year ONLY ***Pharmacy copays do not assume participation in the preferred network Fiscal Year 2015-16 10-33 Budget Ordinances -36- Item -II-F.2a-7 ORDINANCES/RESOLUTIONS ITEM#64835 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 7) AMEND§35-280 of the City Code re vehicle license fees Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 VEHICLE LICENSE FEE 3 SECTION AMENDED: §35-280 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 That Section 35-280 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 7 to read as follows: 8 9 Sec.35-280.License requirement;imposition of fee. 10 (a) There is hereby imposed a requirement for a local vehicle license, for the terms as established by this 11 Article, on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public 12 roadways of the City. The amount of the fee for this license shall be as set forth in the following 13 subsections of this Section, and shall be due annually at the same time the state registration is obtained, 14 unless specifically provided for otherwise. A valid vehicle registration, issued by the State Department of 15 Motor Vehicles after April 21, 2003, shall, as necessary, document compliance with the local vehicle 16 license requirements imposed by this ordinance and serve as a license. 17 (b) The license fee on a motor vehicle, designed and used for the transportation of passengers,which is self- 18 propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this 19 Section,imposed in accordance with the following schedule: 20 (1) Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a gross weight 21 of four thousand(4,000)pounds or less $&-AA 30.00 22 (2) Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a gross 23 weight from four thousand and one (4,001) pounds to seven thousand five hundred (7,500) 24 pounds 30:A0 35.00 25 (3) Motorcycle 23.00 26 (4) Antique motor vehicles licensed permanently pursuant to Code of Virginia, § 46.2-730 (motorcycles 27 or cars) 13.50 28 (5) Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is 29 permanently used solely for transporting such machinery and any specialized mobile equipment as 30 defined by Code of Virginia,§46.2-700 15.00 31 32 33 34 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2015 and the 35 implementation and billing to occur thereafter by the Virginia Department of Motor Vehicles in an expeditious 36 manner. 37 38 Requires an affirmative vote by a majority of all of the members of City Council. 39 40 Adopted by the Council of the City of Virginia Beach,Virginia,on this 1 2 th day of May, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services tt y's Office Fiscal Year 2015-16 10-33 Budget Ordinances I II i -37- Item -II-F.2a-8 ORDINANCES/RESOLUTIONS ITEM#64836 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 8) AMEND Article IX of the City Code re collection of Cigarette Taxes Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND ARTICLE IX OF THE CITY CODE 2 PERTAINING TO THE CIGARETTE TAX 3 4 Sections Amended: 35-206, 35-208, 35-209, 35-210, 35-214, 35-215, 5 35-220 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 7 8 That Article IX of the Code of the City of Virginia Beach is hereby amended and reordained to read as 9 follows: 10 11 Sec.35-206. Definitions. 12 13 Except where the context clearly indicates a different meaning, the following words and phrases, when 14 used in this article,shall,for the purpose of this article,have the meanings ascribed to them in this section: 15 16 17 aged 18 19 Commissioner of revenue. "Commissioner of the revenue" means the commissioner of revenue of the city 20 and any of his duly authorized deputies and agents. 21 22 Dealer. "Dealer" means any manufacturer,jobber,wholesale dealer or other person who supplies a seller 23 with cigarettes. 24 25 Package. "Package" means any package, box, can or other container of any cigarettes, irrespective of the 26 material from which such container is made,to which the internal revenue stamp of the United States government 27 is required to be affixed by and under federal statues and regulations and in which retail sales of such cigarettes 28 are normally made or intended to be made. 29 30 Person. "Person" means any individual, partnership, society, association, joint stock company, 31 corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative 32 capacity,whether appointed by a court or otherwise,and any combination of individuals. 33 34 Purchaser. "Purchaser" means any person to whom title to any cigarettes is transferred by a seller within 35 the corporate limits of the city. 36 37 Sale. "Sale" means any act or transaction, irrespective of the method or means employed, including the 38 use of vending machines and other mechanical devices, whereby title to any cigarettes shall be transferred from 39 the seller,as defined in this section,to any other person within the corporate limits of the city. 40 41 Seller. "Seller" means any person who transfers title to any cigarettes, other than by gift, or in whose 42 place of business title to any cigarettes is transferred,within the corporate limits of the city,for any purpose other 43 than resale. 44 45 Stamp. "Stamp" means a small gummed piece of paper or decalcomania to be sold by the city„-trc _.cr 46 commissioner of revenue and to be affixed to every package of cigarettes sold at retail in the city, and also any 47 insignia or symbols printed by a meter machine upon any such package under the authorization of the 48 commissioner of revenue. 49 50 .... 51 52 Sec.35-208.Method of payment. Fiscal Year 2015-16 10-34 Budget Ordinances 53 54 (a) The tax imposed by this article shall be paid by affixing or causing to be affixed a stamp or stamps, of 55 proper denominational or face value, to every package of cigarettes sold within the city, in the manner 56 and at the time or times provided for in this article. Every dealer and every seller in the city shall have the 57 right to buy such stamps from the city treasurer commissioner of revenue and to affix the same to 58 packages of cigarettes as provided in this article. 59 (b) The commissioner of revenue may permit the payment in advance of the tax levied and imposed by this 60 article by the method of placing imprints of the stamps upon original packages by the use of meter 61 machines, in lieu of the method of paying such tax by the purchase and affixing of gummed stamps, and 62 may prescribe and enforce the necessary regulations setting forth the method to be employed and the 63 conditions to be observed in the use of such meter machines. 64 65 Sec.35-209.Preparation and sale of stamps generally. 66 67 For the purpose of making stamps available for use, the commissioner of revenue shall prepare and 68 . - -- ' . . , .-: -- . . - . sell7 stamps of such denominations and in such quantities 69 as may be necessary for the payment of the taxes imposed by this article. In the sale of such stamps, the city 70 treaeF commissioner of revenue shall allow a discount of eight(8) percent of the denominational or face value 71 thereof to cover the costs which will be incurred in affixing the stamps to packages of cigarettes. In the event the 72 printing by an authorized meter machine is used in lieu of gummed stamps, there shall be allowed a discount of 73 ten (10) percent of the denominational or face value of the imprints of such stamps so printed by such meter 74 machine to cover the costs incurred in printing such imprints. 75 76 Sec.35-210.General duties of dealers and sellers with respect to stamps. 77 78 (a) Every local dealer in cigarettes shall purchase such stamps, at the office of the city treasurer 79 commissioner of revenue as shall be necessary to pay the tax levied and imposed by this article and shall 80 affix, or cause to be affixed a stamp or stamps of the monetary value prescribed by this article to each 81 package of cigarettes prior to delivery or furnishing of such cigarettes to any seller. Nothing herein 82 contained shall preclude any dealer from using a stamp meter machine in lieu of gummed stamps to 83 effectuate the provisions of this article. 84 (b) Every seller shall examine each package of cigarettes prior to exposing the same for sale,for the purpose 85 of ascertaining whether such package has the proper stamps affixed thereto or imprinted thereon, as 86 provided by this article. If, upon such examination, unstamped or improperly stamped packages of 87 cigarettes are discovered, the seller, where such cigarettes were obtained from a local dealer, shall 88 immediately notify such dealer, and upon such notification, such dealer shall forthwith either affix to, or 89 imprint upon, such unstamped or improperly stamped packages the proper amount of stamps or shall 90 replace such packages with others to which stamps have been properly affixed or imprinted thereon. 91 (c) Should a seller obtain or acquire possession from any person other than a local dealer, of any unstamped 92 or improperly stamped cigarettes, such seller shall forthwith, before selling, offering or exposing such 93 cigarettes for sale in the city, purchase and affix or cause to be affixed to such packages of cigarettes the 94 proper stamps,covering the tax imposed by this article. 95 96 .... 97 98 Sec.35-214. Refund for unused stamps or meter imprints. 99 100 Should any person, after acquiring from the city treasurer commissioner of revenue any stamps provided 101 for in this article, cease to be engaged in a business necessitating the use thereof, or should any such stamps 102 become mutilated and unfit for use, other than by cancellation as provided in this article, such person shall be 103 entitled to a refund of the denominational or face amount of stamps so acquired and not used by him, less eight 104 (8) percent of the denominational or face amount thereof, upon presenting such stamps to the commissioner of 105 revenue and furnishing the commissioner of revenue with an affidavit showing, to his satisfaction, that such Fiscal Year 2015-16 10-35 Budget Ordinances 106 stamps were acquired by such person and have not in any manner been used and the reason for requesting such 107 refund. In the case of any authorized meter machine,should any imprints of such machine theretofore paid for not 108 be used, such person shall, upon furnishing the commissioner of revenue with a similar affidavit, be entitled to a 109 refund of the denominational or face amount thereof, less ten (10) percent of the denominational or face amount 110 of such imprints of such machine not so used. 111 112 Sec.35-215.Seizure and sale of unstamped cigarettes. 113 114 (a) Whenever the commissioner of revenue shall discover cigarettes in quantities more than six (6) cartons 115 within the city which are subject to the tax imposed by this article and upon which the tax has not been 116 paid or upon which stamps have not been affixed or evidence of such tax shown thereon by the printed 117 markings of an authorized meter machine, as in this article required, such cigarettes shall be conclusively 118 presumed for sale or use within the city and the commissioner of revenue may forthwith seize and 119 confiscate such cigarettes,if: 120 121 (1) They are in transit, and are not accompanied by a bill of lading or other document indicating the true 122 name and address of the cosigner or seller and of the cosignee or purchaser, and the brands and 123 quantity of tobacco products so transported; or are in transit and accompanied by bill of lading or 124 other document which is false or fraudulent in whole or in part;or 125 (2) They are in transit and are accompanied by a bill of lading or other documents indicating: 126 127 a. A cosignee or purchaser in another state or the District of Columbia who is not authorized by the 128 law of such other jurisdiction to receive or possess such tobacco products on which the taxes 129 imposed by such other jurisdiction have not been paid, and unless the tax of the state or district 130 of destination has been paid and the said products bear the tax stamp of that state or district;or 131 b. A cosignee or purchaser in the Commonwealth of Virginia but outside the city who does not 132 possess a Virginia sales and use tax certificate, a Virginia retail tobacco license and where 133 applicable, both a business license and retail tobacco license issued by the local jurisdiction of 134 destination;or 135 136 (3) They are not in transit and the tax has not been paid, nor have approved arrangements for payment 137 been made, provided that this subparagraph shall not apply to cigarettes in the possession of 138 distributors or public warehouses which have filed notice and appropriate proof with the 139 commissioner of the revenue that those cigarettes are temporarily within the city and will be sent to 140 cosignees or purchasers outside the city in the normal course of business. 141 142 (b) All cigarettes seized and confiscated according to paragraph (a) above shall thereupon be deemed to be 143 forfeited to the city and may be sold within a reasonable time thereafter, after proper notice of such 144 seizure is given to the known holders of property interests in the cigarettes.Such notice shall be given to 145 known holders of property interests, if any, by certified mail and by written notice posted on the bulletin 146 of the court house of the circuit court of Virginia Beach at least seven (7) days before the date of sale. 147 Such notice shall contain the time and place at which the sale is to occur and procedures for 148 administrative appeal as well as affirmative defenses which may be asserted by such holders. All monies 149 collected under this section shall be paid to the city treasurer commissioner of revenue and treated as 150 other taxes collected under this article. No credit from any sale or other disposition shall be allowed 151 toward any tax or penalties owed. 152 153 .... 154 155 156 Sec.35-220.Same—Prohibited acts enumerated. 157 158 It shall be unlawful and a violation of this article for any person: Fiscal Year 2015-16 10-36 Budget Ordinances I II 159 160 (1) To perform any act or fail to perform any act for the purpose of evading the payment of any tax 161 imposed by this article or of any part thereof; or for any dealer or seller, with intent to violate any 162 provision of this article, to fail or refuse to perform any of the duties imposed upon him under the 163 provisions of this article or to fail or refuse to obey any lawful order which the commissioner of 164 revenue may issue under this article. 165 (2) To falsely or fraudulently make, forge, alter or counterfeit any stamp or the printed markings of any 166 meter machine, or to procure or cause to be made, forged, altered or counterfeited any such stamp 167 or printed markings of a meter machine, or knowingly and wilfully to alter, publish, pass or tender as 168 true any false, altered, forged or counterfeited stamp or stamps or printed markings of a meter 169 machine. 170 (3) To sell any cigarettes upon which the tax imposed by this article has not been paid and upon which 171 evidence of payment thereof is not shown on each package of cigarettes. 172 (4) To reuse or refill with cigarettes any package from which cigarettes, for which the tax imposed has 173 been theretofore paid, have been removed. 174 (5) To remove from any package any stamp or the printed markings of a meter machine with intent to 175 use or cause the same to be used after the same have already been used, or to buy, sell or offer for 176 sale or give away any used, removed, altered or restored stamps or printed markings of a meter 177 machine, to any person, or to reuse any stamp or printed markings of a meter machine which have 178 theretofore been used for evidence of the payment of any tax prescribed by this article, or, except as 179 to the city tre surcr commissioner of revenue to sell, or offer to sell, any stamp or printed markings 180 of a meter machine provided for this article. 181 182 183 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1,2015. 184 185 Adopted by the Council of the City of Virginia Beach,Virginia,on this 12th day of May, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services - o - ' Office Fiscal Year 2015-16 10-37 Budget Ordinances I II -38- Item -II-F.2a-9 ORDINANCES/RESOLUTIONS ITEM#64837 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 9) AMEND §35-207 of the City Code to increase the tax levy on Cigarettes to Thirty-seven Fifty (37.50) Mills per cigarette Voting: 9-2 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 CIGARETTE TAX BY INCREASING THE AMOUNT OF THE TAX 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 4 5 That Section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read 6 as follows: 7 8 Sec.35-207.Levied;Amount. 9 There is hereby levied and imposed by the City, upon each sale of cigarettes,a tax equivalent to thir 10 thirty seven and fifty{35.00}(37.50) mills per cigarette sold within the City, the amount of such tax to be paid by 11 the seller,if not previously paid, in the manner and at the time provided for in this article. The tax shall be reduced 12 by two and one-half(2.5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax 13 imposed herein in the amount of ten (10) per centum per month, and interest in the amount of three-quarters of- 14 one(0.75)per centum per month,upon any tax found to be overdue and unpaid. 15 16 This ordinance shall be effective July 1,2015. 17 18 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 12 th day of May,2015. 19 20 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \silit.J- 01- Budget and Management Services Cit rney's 0 ice Fiscal Year 2015-16 10-40 Budget Ordinances -39- Item -II-F.2a-10 ORDINANCES/RESOLUTIONS ITEM#64838 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 10) AMEND§35-159 of the City Code to increase the flat rate fee on Transient Lodging to Two Dollars ($2.00) Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND SECTION 35-159 OF THE CITY CODE 2 PERTAINING TO TAX ON TRANSIENTS OBTAINING LODGING TO 3 INCREASE THE FLAT FEE CHARGED 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 1. That Section 35-159 of the Code of the City of Virginia Beach is hereby amended and reordained to read as 7 follows: 8 9 Sec.35-159.Levied;amount. 10 11 (a) There is hereby levied and imposed on each transient a tax equivalent to eight(8) percent of the 12 total amount paid for lodging, by or for any such transient,to any lodging place, plus a flat tax of 13 ettwo-dollars ($1.00) ($2.00) for each night of lodging at any lodging place other than a 14 campground. The percentage-based portion of the tax rate shall be reduced by one-half (0.5) 15 percent on July 1, 2018 and further reduced by an additional two and one-half(2.5) percent on 16 June 30,2027.One dollar($1.00)of Tthe flat tax shall remain in effect through June 30,2018,and 17 the remaining one dollar($1.00)shall be in effect through December 31,2020. 18 (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service 19 District (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to one and 20 one-half percent of the total amount paid for lodging within the district, by or for any such 21 transient to any lodging place,excluding hotels, motels and travel campgrounds. 22 23 2. Subject to appropriation by the City Council, such revenues generated by the flat tax enacted above shall be 24 dedicated to the Tourism Investment Program. 25 26 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be January 1,2016. 27 28 Requires an affirmative vote by a majority of all members of City Council. 29 30 Adopted by the Council of the City of Virginia Beach,Virginia,on this 1 2th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , JD Budget and Management Services Cit¢Af orney's Office Fiscal Year 2015-16 10-41 Budget Ordinances -40- Item -II-F.2a-11 ORDINANCES/RESOLUTIONS ITEM#64839 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 11) AMEND 08-31-34 of the City Code re fee increases for Building, Plumbing, Mechanical, Life Safety, Elevator, Gas and Electrical Permits Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND SECTIONS 8-31,8-32, 8-33 AND 8-34 OF THE CITY 2 CODE PERTAINING TO FEES FOR BUILDING CODE PERMITS AND INSPECTIONS, 3 PLUMBING PERMITS, MECHANICAL, LIFE SAFETY, ELEVATOR, AND GAS 4 PERMITS AND ELECTRICAL PERMITS 5 6 WHEREAS,Virginia Code§36-105 authorizes a locality,such as the City of Virginia Beach to levy fees in 7 order to defray the cost of building code inspections,enforcement,and appeals. 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 10 11 1. That Sections 8-31,8-32,8-33,and 8-34 are hereby amended and reordained,to read as follows: 12 13 Sec.8-31.Permit fees—Building permits. 14 15 .... 16 17 (14) Administrative fee: If any construction, alteration, repair,or other work requiring a permit under 18 this article is commended before a permit is secured and fee paid for same, an administrative fee of wed 19 two hundred fifty dollars ($250.00) shall be added to the fee due. Payment of such 20 administrative fee shall not in any way relieve the violator of any criminal prosecution. 21 22 .... 23 24 (16) Resinspection fee: There shall be a minimum of seventy-five dollars 25 ($75.00)additional fee charged for each reinspection. 26 27 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be elle 28 two hundred fifty dollars($250.00).Such fee shall be paid by the appellant. 29 30 (18) Change of use/certificate of occupancy for existing structure(s): 31 a. The minimum fee for the inspection of any new construction or existing structure 32 requested by the permit holder shall be fifty-dollars(50.00)seventy-five($75.00)for each inspection. 33 34 .... 35 36 Sec.8-32.Same—Plumbing permits. 37 38 .... 39 40 (c) On any plumbing work commended before a plumbing permit has been issued and the requisite 41 fee paid therefore, an administrative fee of two hundred fifty dollars($250.00) 42 per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator 43 from such penalties as may be imposed by the courts. 44 45 Sec.8-33.Same—Mechanical,life safety,elevator and gas permits. 46 Fiscal Year 2015-16 10-42 Budget Ordinances 47 48 49 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has 50 been issued and the requisite fee paid therefore, an administrative fee of :-- •. •: •: • :- . '." two 51 hundred fifty dollars($250.00)per unit shall be added to the fee due. Payment of such administrative fee shall not 52 in any way relieve the violator from such penalties as may be imposed by the courts. 53 54 Sec.8-34.Same—Electrical permits. 55 56 .... 57 58 d) For a permit for any special condition, such as and including temporary electrical release for 59 construction purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the 60 like, the fee shall be a minimum of seventy-five ($75.00). The fee for a permit for 61 prefabricated buildings for out-of-city use shall be thirty dollars($30.00). 62 63 .... 64 65 (g) On any electrical work commenced before an electrical permit has been issued and the requisite 66 fee paid therefore, an administrative fee of one hundred fifty doll"`($ 50.00)two hundred fifty dollars($250.00) 67 per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator 68 from such penalties as may be imposed by the courts. 69 70 2. The effective date of this ordinance shall be July 1,2015. 71 72 Adopted by the Council of the City of Virginia Beach,Virginia,on the 1 7 th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z•17 QAft)a . Budget and Management Services Ci t ey s Office Fiscal Year 2015-16 10-43 Budget Ordinances I II i -41- Item -II-F.2a-12 ORDINANCES/RESOLUTIONS ITEM#64840 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 12) AMEND §§ 37-7.01 of the City Code re installation fees for water taps and meters on existing dwellings Voting: 9-2 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND SECTION 37-7.01 OF THE CITY CODE PERTAINING 2 TO INSTALLATION FEES WATER TAP AND METERS FOR EXISTING DWELLINGS 3 4 WHEREAS,the City published the required notices and held a public hearing as required by Virginia Code§ 5 15.2-107 for a fee increase regarding installation of water tap and meters for existing dwellings; 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 8 9 1. That Section 37-7.01 is hereby amended and reordained,to read as follows: 10 11 Sec.37-7.01.Same;existing dwellings(mandatory connections). 12 13 (a) Installation fees for existing dwellings qualifying under Section 37-5, pertaining to mandatory connections 14 to the public water system,shall be as follows: 15 (1) Tap and meter fees: 16 (A) 5/8-inch and 3/-inch tap: 17 Tap and meter:$285.00$493.00 18 Meter only:S-1-5-5A)0$363.00 19 (B) One inch tap: 20 Tap and meter:$370.00$579.00 21 Meter only:$340.00$449.00 22 (C) One and one-half inch or larger tap and/or meter, or where the installation requires a 23 different size tap and meter than set forth above:actual cost to the City of installation. 24 25 (b) "Actual cost"shall mean the average installation cost determined by the Department of Public Utilities 26 annually based upon contract unit bid prices and contract administration cost. 27 28 2. The effective date of this ordinance shall be July 1,2015. 29 30 Adopted by the Council of the City of Virginia Beach,Virginia,on thel 2 th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2)0/i6\_ Budget and Management Services orney's 0 ice Fiscal Year 2015-16 10-44 Budget Ordinances -42- Item -II-F.2a-13 ORDINANCES/RESOLUTIONS ITEM#64841 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 13) AMEND 21-354 and 21-359 of the City Code re Business Parking Permits in the Resort Permit Area and set the fee Voting: 9-2 Council Members Voting Aye: M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND SECTIONS 21-354 AND 21-359 OF THE 2 CITY CODE PERTAINING TO BUSINESS PARKING PERMITS IN THE 3 RESORT PERMIT AREA AND SET THE MONTHLY PERMIT FEE FOR 4 ELIGIBLE BUSINESSES 5 6 SECTIONS AMENDED: §21-354 and§21-359 7 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all operational costs to provide a 8 comprehensive enforcement program at the Oceanfront; 9 10 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 That sections 21-354 and 21-359 of the Code of the City of Virginia Beach are hereby amended and 13 reordained to read as follows: 14 15 Sec.21-354 Permits generally. 16 17 (a) Following the designation of a residential permit parking area by the City Manager or his 18 designee, the City Treasurer or city's parking management office shall issue annual residential parking permits for 19 the area so designated. One (1) permit shall be issued, upon application and payment of the prescribed fee, if 20 applicable, for each motor vehicle owned by a person residing on a street within the residential permit parking 21 area, or on a street within a residential area that is contiguous to the residential permit parking area as specified in 22 subsection(b). 23 24 (b) An applicant for a permit shall present his motor vehicle registration and operator's license with 25 the application. No permit shall be issued in the event either the registration or operator's license shows an 26 address not within a designated residential permit parking area, unless the applicant demonstrates to the 27 satisfaction of the City Treasurer or city's parking management office that he is, in fact, a resident of such area, or 28 that he is a resident of a residential area which is contiguous to a designated residential permit parking area and in 29 which neither off-street nor nonmeter-regulated on-street parking is available. Any applicant who is a resident of 30 such a contiguous residential area shall, upon receipt of a permit issued hereunder, be permitted to park in the 31 designated residential permit parking area. Registered residential parking permit holders may obtain annual or 32 temporary guest passes by applying to either the city treasurer's office or the city's parking systems management 33 office.Temporary guest passes shall be issued and validated for up to seventy-two(72)hours. 34 35 (c) Annual monthly business parking permits shall be issued by the city treasurer's office or the city's 36 parking systems management office to businesses licensed to operate in city meter-regulated parking areas. A 37 current valid business license must be presented by the business owner or his designee to the city treasurer's 38 office or to the city's parking systems management office at the time a request is made for annual business parking 39 permits.The number of permits issued to a single business shall be limited to the maximum number of employees 40 required to work after 8:00 p.m. or, in the case of a lodging facility, the number of rooms within such lodging 41 facility that do not have on-site parking, whichever is greater. Employees of businesses eligible for parking permit 42 passes under this Division may purchase employee parking permit passes directly from the city treasurer's office or 43 city's parking management office after verification of employment with an eligible business. 44 45 46 47 48 49 Sec.21-359.Fees. 50 Fees required under this Division shall be as follows: Fiscal Year 2015-16 10-46 Budget Ordinances 51 (a) For an annual residential parking permit, no fee for the first two(2)permits issued for a single 52 residence,and five dollars($5.00)for each additional permit. No more than four(4)residential parking permits 53 shall be issued per year per residence. 54 55 (b) For anal monthly business parking permit,twer t••fivc dollars($25)twenty dollars($20.00). 56 57 (c)For a replacement business parking permit,twenty dollars($20.00). 58 59 (d) For an annual or replacement guest permit,two dollars($2.00). No more than two(2)annual 60 guest permits shall be issued per year per residence. 61 62 (e) For a temporary guest permit, no fee. No more than ten(10)temporary guest permits shall be 63 issued per week per residence.The city's parking systems management office may consider requests for more than 64 ten(10)temporary guest permits per week per residence on a case-by-case basis. 65 66 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1,2015. 67 68 Adopted by the Council of the City of Virginia Beach,Virginia,on this 12th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 Budget and Management Services Cit A • s 0 ice Fiscal Year 2015-16 10-47 Budget Ordinances -43- Item -II-F.2a-14 ORDINANCES/RESOLUTIONS ITEM#64842 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 14) AMEND Revenue Dedications for the Agriculture Reserve (ARP) and Open Space Programs and TRANSFER$700,000 to the Open Space Special Revenue Fund Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AMEND THE REVENUE DEDICATIONS FOR THE 2 AGRICULTURE RESERVE PROGRAM AND OPEN SPACE PROGRAM, 3 AND TO TRANSFER FUNDS RELATED TO OPEN SPACE 4 WHEREAS, on May 9, 1995 the City Council adopted the Agricultural Lands Preservation Ordinance, 5 establishing the Agricultural Reserve Program ("ARP")for the preservation of agricultural lands within the City,and 6 the City Council initially dedicated One and one-half cent of the real estate tax for purposes of funding the ARP; 7 and 8 9 WHEREAS, on May 11, 2004 the City Council lowered the amount of real estate tax dedicated to the ARP 10 from one and one-half cent to one cent;and 11 12 WHEREAS, on May 9, 2006, the City Council lowered the amount of real estate tax dedicated to the ARP 13 from one cent to nine tenths of one cent;and 14 15 WHEREAS, on May 15, 2001 the City Council adopted an ordinance that in part allocated the revenue 16 generated by forty-four(44) hundredths of one(1) percent of the tax on meals purchased at food establishments 17 to the Open Space Special Revenue Fund. 18 19 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 20 21 1. That the allocation of the real estate tax to the Agricultural Reserve Program is hereby reduced from 22 nine tenths of one-cent($0.9)to fifty-six hundredths of one-cent($0.56); 23 2. That the allocation of the Meals Tax to the Open Space Program is hereby reduced from forty four 24 hundredths of one percent(0.44%)to twenty-two hundredths of a percent(0.22%); 25 3. That $700,000 is hereby transferred from CIP 4-306 "Open Space Park Development and 26 Maintenance II"to the Open Space Special Revenue Fund; 27 4. That#1 and#2,above, is effective July 1,2015;and 28 5. That#3,above,is effective immediately. 29 6. That the City Manager or his designee shall as a part of the annual operating budget provide City 30 Council with a review of the financial status of the Open Space Program and the Agricultural Reserve 31 Program. 32 33 Adopted by the Council of the City of Virginia Beach,Virginia,on thisl 2 th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CVLy) Budget and Management Services Ci y A_ = ey's ef1 ce Fiscal Year 2015-16 10-45 Budget Ordinances I -44- Item-II-F.2a-15 ORDINANCES/RESOLUTIONS ITEM#64843 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 15) AMEND the City Council Policy for management of Tax- Supported Debt Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 A RESOLUTION TO AMEND THE CITY COUNCIL POLICY FOR 2 MANAGEMENT OF TAX-SUPPORTED DEBT 3 WHEREAS, to help manage long-term obligations, it is desireable to have a policy with guidelines and 4 restrictions that affect the amount of tax-supported debt issued; 5 6 WHEREAS, in May 2011, the City Council adopted a Policy for Management of Tax-Supported Debt with 7 the following policies: 8 1. The ratio of tax-supported debt to the General Government Expenditures may not exceed 9 10%; 10 2. The tax-supported debt per capita may not exceed$2,800; 11 3. The ratio of tax-supported debt to per capita income may not exceed 6.5%;and 12 4. The ratio of tax-supported debt to assessed value of real property may not exceed 3.5%. 13 14 NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 15 16 That the City Council Policy for Management of Tax-Supported Debt shall be amended to increase the tax- 17 supported debt per capita from $2,800 to $3,000 and to make those technical edits provided in the attached, 18 Exhibit A. 19 20 Adopted by the Council of the City of Virginia Beach,Virginia,on the 12th day of May,2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 .. •.)- e , Budget and Management Services City At • •' ice Fiscal Year 2015-16 10-39 Budget Ordinances I Exhibit A c11"43 4e 44, • CityCouncil Policy OF OURNOt1ON Title: Policy for Management of Tax-Supported General-Obligation Debt Index Number: Date of Adoption: 5/10/2011 Date of Revision: _J./_ Page: 1.0 Purpose Debt levels and their related annual costs are important long-term obligations that must be managed with available resources. To help manage debt, it is important to have a policy with guidelines and restrictions that control affect the amount and type of debt issued. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital improvement plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a municipality is well managed and should meet its fiscal obligations in a timely manner. Throughout its history, the City of Virginia Beach has issued debt judiciously through administrative debt policy guidelines, which has resulted in its current triple-A bond rating. It is important to affirmatively adopt these administrative guidelines. While a good debt management policy includes many aspects,the financial condition of a local government can be evaluated by looking at the condition of four debt indicators. The purpose of this policy is to define the four major debt indicators and request City Council to approve such debt indicators as the City's debt management policy. 2.0 Definitions As used in this Policy, the term "tax-supported debt" refers to debt obligations of the City other than the Agriculture Reserve Program and the revenue bonds associated with the City's enterprise utility systems, namely the bonds associated with Storm Water and Water and Sewer. The four major debt indicators to be used to evaluate the City's financial condition are defined below. 2.1 Ratio of General Government Debt to General Government Expenditures Budget—This indicator measures the percentage of the general operating expenditures revenues,which must be used for debt service(i.e., principal and interest payments on existing debt). Increasing debt service reduces expenditure flexibility by adding to the City's debt-related obligations. 2.2 General Government Net Debt Per Capita — This indicator measures the amount of tax- supported general obligation debt attributable to each City resident. As the City's population increases, capital needs and long- term debt can logically be expected to increase as well. 2.3 Ratio of Per Capita Debt to Per Capita Income—This indicator measures the tax-supported debt burden as a percentage of City per capita income. The lower the ratio,the lower the government burden on its residents. 2.4 Ratio of General Government Debt to Assessed Value of Real Property-This indicator measures the amount of tax su orted debt as a percentage of the City's assessed valuation of real property u, sing the land book. An increase in this indicator can mean that the City's ability to repay the debt is diminishing. Or, it could mean that the City has intentionally increased its debt burden. A diminished ability to repay debt may result in difficulty in obtaining additional capital funds, a higher interest rate when borrowing, or difficulty in repaying existing debt. A reasonable level of debt burden is expected in order to meet the needs of a ll- mana ed city. (Note: The Virginia State Constitution Art VII, § 10(A) and State Code § 15.2-2634 places a legal limit of 10% for general obligation debt - ' - . - ' - . • _ • - - - _ - - - - 0 . . .) 3.0 Policy on Debt Indicators The target amount for debt indicators should be guided by the City's ability to pay, as well as a comparison with other cities of similar size and similar financial condition, such as those with similar bond ratings. Given those factors,the recommended guidelines and limits on debt indicators for the City of Virginia Beach are stated below. 3.1 The Ratio of General Government Debt to the General Government Expenditures get may not exceed 10%. 3.2 The General Government Net Debt Per Capita may not exceed $3,000$27800. At no point shall this indicator exceed the lesser of the mean or median for Standard and Poor's triple-A rated cities with a population between 250,000 and 500,000,provided such data is available. 3.3 The Ratio of Per Capita Debt to Per Capita Income may not exceed 6.5%. 3.4 The Ratio of General Government Debt to Assessed Value of Real Property may not exceed 3.5% 3.5 The status of each indicator shall be reported in the Operating Budget each year and shall reflect the impact of the Capital Improvement Program. 4.0 Revision to Policy 4.1 This policy shall be reviewed, and revised as appropriate or necessary, but not less than once every three years. Approved as to Content: Director of Budget and Management Services Date Approved as to Legal Sufficiency: City Attorney Date Reviewed By: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date it -45- Item -II-F.2a-16 ORDINANCES/RESOLUTIONS ITEM#64844 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: a. FY 2015-2016 Operating Budget: 16) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development(HUD) Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL 2 FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 3 4 WHEREAS, the United States Congress has established legislation designated as the Housing and 5 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 6 goal; 7 8 WHEREAS, there is federal assistance available for the support of Community Development and Housing 9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate 10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the 11 City's housing stock and community services,along with other related activities;and 12 13 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia 14 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 15 Development and has created the necessary mechanisms for its implementation in compliance with federal and 16 local directives. 17 18 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 19 20 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 21 City, to submit the City's FY 2015-16 Annual Funding Plan (the "Plan") and amendments thereto, along with 22 understandings and assurances contained therein and such additional information as may be required, to the 23 Department of Housing and Urban Development to permit the review,approval,and funding of the Plan. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ttorney's Office Fiscal Year 2015-16 10-38 Budget Ordinances -46- Item -II-F.26-1 ORDINANCES/RESOLUTIONS ITEM#64845 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: b. FY 2015-2016 Capital Budget: 1) AUTHORIZE the FY-2016/FY-2021 Capital Improvement Program (CIP) and APPROPRIATE $312,964,930, subject to funds being provided Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent.• None May 12, 2015 1 AN ORDINANCE TO ADOPT THE FY 2016/FY 2021 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $312,964,930 FOR 3 THE FY 2016 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS,the City Manager,on March 24,2015,presented to City Council the Capital Improvement Program for fiscal 6 years 2016 through 2021; 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 11 Improvement Program;and 12 13 WHEREAS,it is necessary to appropriate funds for both existing projects and projects beginning in the 2016 fiscal year, 14 as set forth in said Capital Improvement Program. 15 16 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 17 18 Section 1. That the Capital Improvement Program,as modified,for the construction of,or addition to,capital facilities 19 identified for fiscal years 2016 through 2021 is hereby adopted,and the projects listed therein are hereby approved as capital 20 projects. 21 22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until 23 funds are so provided,the projects are for planning purposes only and may be deleted,altered,or rescheduled in any manner 24 at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating$312,964,930 for capital projects in the Capital Budget for the 2016 27 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the 28 conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A—Capital Budget 29 Appropriations,"a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code,financing sources in support of the Capital Budget 32 for the 2016 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B— 33 Financing Sources." 34 35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital 36 Improvement Program and reallocated as identified in "Attachment C—Transfers,"a copy of which is attached hereto. 37 38 Section 6. That reductions in financing sources in support of the Capital Budget for the 2016 fiscal year as set forth in 39 said Capital Improvement Program are attached to this ordinance as"Attachment D—Changes in Financing Sources." 40 41 Section 7. That additional appropriations,the addition of capital projects, and changes in project scope shall not be 42 initiated except with the consent and approval of the City Council first being obtained.An appropriation for a project in the 43 Capital Improvement Program shall continue in force,and,to the extent required by law, re-appropriated for use in FY 2015- 44 16 until the purpose for which it was made has been accomplished or abandoned. 45 46 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, 47 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. 48 49 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the 50 Director of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to 51 $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to 52 the City Council of all transfers between$25,000 and$100,000. The City Manager or the Director of Budget and Management 53 Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best management 54 practices, reporting requirements and the Capital Improvement Program adopted by the City Council. 55 56 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 58 mean water and sewer projects having the same name or project scope and description with the exception of"water" or 59 "sewer" being in the title and/or project scope and description. 60 61 Section 11. That the City Manager or the Director of Budget and Management Services is hereby authorized to change, 62 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects 63 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 64 realized revenues. If the financing sources in support of capital projects decline,the City Manager or the Director of Budget 65 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue, 66 those appropriations to equal the changed financing source.The City Manager must give prior notice to the City Council of 67 any reductions to total appropriations exceeding$100,000. The notice to City Council shall identify the basis and amount of 68 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 69 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 Section 12. That the funding source for an appropriation of$1,034,480 to CIP#5-964,"Water Resources-Lake Gaston," 72 is hereby changed from revenue from the City of Chesapeake to Water and Sewer retained earnings. 73 74 Section 42. 13. That the Capital Improvement Program debt management policies contained and included in the 75 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 76 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, 77 such information to be included in the Resource Management Plan submittal. The City Manager may propose modifications 78 to those policies and guidelines through the Resource Management Plan. 79 80 Section-a.14.Notwithstanding Sec.2-154 of the City Code and although this Capital Improvement Program includes 81 funding for such purpose,the City Manager or his designee shall not authorize or approve the use of any funds appropriated 82 herein to pay for any portion of a light rail vehicle until such time as the City Council provides, by ordinance or resolution, 83 approval of such order or contract. This limitation shall include the City Manager or designee authorizing such an action on 84 the behalf or at the behest of the City by another entity or body,whether state, local,or regional in nature. 85 86 Section 15.That subject to the appropriation of sufficient funds within a capital project,the acquisition of real property 87 necessary for the project is authorized by means of voluntary negotiation with willing sellers. 88 89 Section 16. Attachment B of this Ordinance includes $83,338,706 of funding using Public Facility Revenue Bonds 90 ("PFRB Financing"). "Attachment E — Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated, 91 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 2016. Without changing 92 the amount of total PFRB Funding authorized by this Ordinance,the Director of Finance is authorized to adjust the allocations 93 and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is retained. 94 95 Section 44.17. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 96 person or persons responsible for the capital project in which the violation occurred. 97 98 Section 46.18. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 99 decision shall not affect the validity of the remaining portions of this ordinance. 100 101 Section 46.19. That this ordinance shall be in effect from the date of its adoption;however,appropriations for the FY 102 2016 Capital Budget shall be effective on July 1, 2015. 103 104 Adopted by the City Council of the City of Virginia Beach,Virginia on this 12 day of May,2015. 105 I II i 106 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7� lac Budget and Management Services Cit a :.'=mss O' ice I it City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2015-16 Buildings-CRO 3028000 Aquarium Marsh Pavilion Enhancements 5,013,500 3103000 Heritage Building Maintenance 700,000 3146000 VA Aquarium Bldg Systems&Facility Infrastructure 1,250,000 3278000 Virginia Aquarium Renewal and Replacement II 600,000 3292000 Virginia Aquarium Marine Animal Care Center 1,613,000 Total Buildings-CRO Projects 9,176,500 Buildings-FYO 3503000 Housing Resource Center 25,269,453 3510000 Intermediate Care Facilities Renewal/Replacement 127,377 Total Buildings-FYO Projects 25,396,830 Buildings-QELL 3060000 TCC Site Improvements II 800,000 Total Buildings-QELL Projects 800,000 Buildings-QPE 3136000 Various Buildings HVAC Rehabilitation&Renewal III 1,800,000 3137000 Various Buildings Rehabilitation and Renewal III 2,317,475 3139000 Various Site Acquisitions II 1,648,404 3518000 Convention Center Capital Maintenance 343,563 Total Buildings-QPE Projects 6,109,442 Buildings-SC 3056000 Public Safety Equipment Replacement Project 727,500 3133000 Fire Training Center Improvements III 665,427 3134000 Fire Apparatus III 2,548,907 3344000 Police Fourth Precinct-Replacement 5,008,112 3506000 Fire Facility Rehabilitation and Renewal III 300,000 3523000 Correctional Center Master Control Center Upgrade 1,715,401 Total Buildings-SC Projects 10,965,347 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2015-16 Coastal 8010000 Sandbridge Beach Restoration II 6,500,000 8011000 Various Minor Dredging Projects II 300,000 8013000 Lynnhaven Inlet Maintenance Dredging II 275,000 8016000 Gills Cove Neighborhood Dredging 122,815 8110000 Eastern Branch Lynnhaven River Dredging 1,338,125 8405000 Sandbridge Beach Access Improvements II 300,000 8406000 Rudee Inlet Federal Dredging II 375,000 8407000 Rudee Inlet Outer Channel Maintenance Dredging II 650,000 8501000 Bayville Creek Neighborhood Dredging 43,000 8502000 Shadowlawn Area Dredging 302,503 8503000 Chesopeian Colony Neighborhood Dredging 2,296,826 8504000 Harbour Point Neighborhood Dredging 201,810 Total Coastal Projects 12,705,079 Communications and IT-QO 3052000 CIT-IT Service Continuity 1,000,000 3068000 CIT-IT Network Infrastructure Replacement II 2,567,325 3119000 CIT-Cable Access Infrastructure Replacement I 322,000 3663000 CIT-Enterprise Scheduling and Timekeeping System 350,000 Total Communications and IT-CIO Projects 4,239,325 Communications and IT-SC 3142000 CIT-Communications Infrastructure Replacement II 2,754,074 3610000 CIT-Police Oceanfront Cameras 2,478,521 3614000 CIT-Fire Radio Replace/In-Mask Comm 3,977,296 Total Communications and IT-SC Projects 9,209,891 Economic and Tourism Dev-EV 9006000 Winston-Salem Avenue Improvements 585,752 9015000 Arena Infrastructure Site Improvements-On Site 46,520,000 9017000 Arena Infrastructure Development-Off Site 6,980,000 9059000 Oceana&ITA Conformity&Acquisition II 2,176,323 9082000 Oceanfront Parking Facilities Capital Maintenance and Development 356,320 9083000 Town Center Garage and Plaza Capital Maintenance 352,726 9096000 Oceanfront Capital Projects Reinvestment 1,200,000 9141000 Economic Development Investment Program(On-Going) 2,661,138 9500000 Virginia Beach Amphitheater Capital Maintenance 200,000 Total Economic and Tourism Dev-EV Projects 61,032,259 I II I I I City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2015-16 Parks and Recreation 4039000 PAAC Multi-Purpose Athletic Field Renovations 4,275,000 4064000 City Bikeways and Trails Plan Implementation II 475,000 4079000 Thalia Creek Greenway I 125,000 4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 321,499 4300000 Community Recreation Centers Repairs and Renovations III 2,000,000 4301000 Parks and Special Use Facilities Development/Reno III 1,284,526 4302000 Golf Courses Contractual Obligations-Maintenance I 120,000 4303000 Greenways,Scenic Waterways and Natural Areas III 150,000 4305000 Tennis Court Renovations III 300,000 4307000 Athletic Fields Lighting and Renovations III 275,000 4308000 Open Space Program Site Acquisition III 109,000 4500000 Park Playground Renovations III 398,667 4503000 Parks and Recreation Administration Offices Relocation 9,982,800 4506000 Parks Infrastructure Renewal and Replacement 1,000,000 4517000 Stumpy Lake Golf Course Contractual Obligations I 27,000 4519000 Bikeways and Trails Repairs&Renovations I 280,000 Total Parks and Recreation Projects 21,123,492 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2015-16 Roadways 2022000 Major Bridge Rehabilitation II 303,571 2024000 Rural Road Improvements II 200,000 2025000 Witchduck Road-Phase II 4,119,757 2026000 Street Reconstruction II 2,150,000 2027000 Various Cost Participation Projects II 50,000 2028000 Wetlands Mitigation Banking II 100,000 2038000 Rosemont Road-Phase V 6,884,393 2047000 Upton Dr Extended and Dam Neck Station Improvements 950,000 2050000 Landstown Road Improvements-Phase I 2,190,909 2078000 Sandbridge Road-Nimmo Phase VII A 632,000 2088000 West Neck Road-Phase IV 1,800,000 2092000 Virginia Beach Transit Extension Project 17,500,000 2108000 Light Rail Corridor Shared-Use Path 2,500,000 2158000 Holland Road-Phase VI(VDOT) 2,523,516 2160000 Citywide Street Lighting Improvements II 60,000 2168000 Lesner Bridge Replacement 3,000,000 2176000 Transportation Network Modeling 200,000 2401000 Greenwich Rd Crossover&Cleveland St Improvements 338,000 2409000 Centerville Turnpike-Phase II 5,000,000 2410000 Traffic Signal Rehabilitation II 150,000 2416000 Sandbridge Road Bridge Replacement 550,000 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 887,400 Total Roadways Projects 52,089,546 Schools 1003000 Renovation and Replacement Energy Management II 800,000 1004000 Tennis Court Renovations II 200,000 1008000 Instructional Technology II 642,448 1035000 John B. Dey Elementary School Modernization 4,887,000 1099000 Renovations and Replacements Grounds II 800,000 1103000 Renovations and Replacements HVAC Systems II 5,300,000 1104000 Renovations and Replacements Reroofing II 3,009,000 1105000 Renovations and Replacements Various II 1,350,000 1233000 Kemps Landing and Old Donation School 19,545,000 Total Schools Projects 36,533,448 I II I I i City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2015-16 Sewer Utility 6041000 Pump Station Modifications V 8,162,604 6043000 Landstown Road Sewer Improvements 350,000 6070000 Infiltration, Inflow,and Rehabilitation V 2,440,000 6116000 Prosperity Road Sewer Improvements 51%Program 1,000,000 6151000 Landstown Yard Improvements-Phase IV 380,000 6201000 Green Hill Farms Sewer Improvements 51%Program 300,000 6501000 Auxiliary Power Program-Sewer Pump Stations Phase III 2,940,000 6551000 System Expansion Cost Participation Agreements III 120,000 6552000 Sanitary Sewer System Revitalization Program II 4,000,000 6555000 Utility Crossings Condition Assessment Program II 200,000 6556000 Various Roadway/Storm Water Coordination VI 500,000 6559000 Sanitary Sewer Asset Management Program III 200,000 6804000 Sanitary Sewer Regulatory Compliance Program I 1,030,000 6952000 Sewer Pump Station Flow Monitoring&Data Storage 5,800,000 6953000 Sewer Tap Installation Program II 330,000 Total Sewer Utility Projects 27,752,604 Storm Water 7005000 North Lake Holly Watershed 300,000 7016000 South Lake Holly Watershed 900,000 7023000 Primary System Infrastructure Improvements II 2,270,000 7024000 Southern Canal/Lead Ditch and Culvert Improvements 300,000 7026000 Residential Drainage Cost Participation Program II 50,000 7027000 SWM Master Planning,Analysis,and Inventory 1,500,000 7028000 Windsor Woods Drainage 1,200,000 7034000 Stormwater Operations Modular Building 490,000 7037000 Bellamy Manor Outfall Ditch 300,000 7153000 Lynnhaven Watershed Restoration 309,068 7159000 Water Quality Participation Projects 100,000 7400000 Aragona Drainage Improvements 625,000 7402000 College Park and Level Green Drainage Improvements 273,687 7406000 Elizabeth River TMDL Implementation Plan 200,000 7410000 Southern River TMDL Implementation Plan 200,000 7411000 Oceanfront Storm Water Facilities Maintenance 500,000 7412000 Storm Water Pump Station Modifications 750,000 7413000 Neighborhood SW Infrastructure Improvements II 1,458,066 7414000 Storm Water Quality Enhancements II 1,902,694 7415000 Lake Management II 4,947,652 7416000 SW Infrastructure Rehabilitation&Improvements II 6,570,000 Total Storm Water Projects 25,146,167 I II I I i City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2015-16 Water Utility 5010000 Raw Water Transmission System Rehabilitation I 1,000,000 5031000 System Expansion Cost Participation Agreements Ill 120,000 5043000 Landstown Road Water Improvements 450,000 5116000 Prosperity Road Water Improvements 51%Program 2,000,000 5151000 Landstown Yard Improvements Phase IV 380,000 5251000 Various Roadway&Storm Water Coordination VI 250,000 5260000 Utility Crossings Condition Assessment II 200,000 5604000 Princess Anne Road Water Improvements Phase VII 820,000 5804000 Water Line Extension, Replacement&Rehab Program I 4,065,000 5805000 Water Utility Asset Management Program I 1,000,000 5952000 Water Pump Station Flow Monitoring and Data Storage 400,000 Total Water Utility Projects 10,685,000 Total Capital Budget 312,964,930 I II I City of Virginia Beach,Virginia Attachment B—Financing Sources Capital Budget Financing Sources FY 2015-16 Federal Contribution 5,520 Franchise Fees 322,000 Fund Balance-General Fund 15,983,534 Fund Balance-Other 4,384,000 General Appropriations 42,745,199 General Obligation Bonds 82,109,578 Insurance Recovery 18,173 Lease of Properties(BRAC) 57,542 Lease of Property 98,172 Medicaid Cost Settlement 127,377 Parking Enterprise Fund 350,000 Private Contribution 3,012,160 Public Facility Bonds 83,338,706 Rental Income 807,679 Retained Earnings-Water and Sewer Fund 10,437,604 Sale of Property 484,953 State Contribution 17,036,566 Storm Water Utility Bonds 16,656,167 Storm Water Utility Fund 8,490,000 Water and Sewer Bonds 20,000,000 Water and Sewer Fund 6,500,000 Total Capital Budget 312,964,930 I II I I I I Attachment C-Transfers Appropriations Prior to Project# FY 2015-16 Economic Vitality Economic and Tourism Development Transfer To: 9081000 Strategic Growth Area Projects $ 415,000 Total Transfer To: $ 415,000 Transfer From: 9506000 Rosemont Strategic Growth Area $ 415,000 Total Transfer From: $ 415,000 Roadways Transfer To: 2-022 Major Bridge Rehabilitation $ 1,356,429 2-025 Witchduck Road-Phase II 22,400 2-300 Traffic Safety Improvements-Phase III 2,744,869 2-176 Transportation Network Modeling 250,000 2-018 Major Intersection Improvements(Lynnhaven TIF Revenue Change) 500,000 Total Transfer To: $ 4,873,698 Transfer From: 2-107 Seaboard Road $ 500,000 2-032 Lynnhaven/International Intersection Imp(Lynnhaven TIF Revenue Change) 500,000 2-032 Lynnhaven/International Intersection Imp 3,373,698 2-018 Major Intersection Improvements 500,000 Total Transfer From: $ 4,873,698 Storm Water Transfer To: 7-413 Neighborhood SW Infrastructure Improvements II $ 400,000 7-028 Windsor Woods Drainage 484,453 Total Transfer To: $ 884,453 Transfer From: 7-035 Lawson Forest Drainage $ 400,000 7-902 North Beach 484,453 Total Transfer From: $ 884,453 Water and Sewer Utility Transfer To: 6-952 Sewer Pump Station Flow Monitoring and Data Storage $ 2,674,828 Total Transfer To: $ 2,674,828 Transfer From: 5-083 Stumpy Lake Water Resvr/Pump Facilities Improvement 123,779 5-501 Water Transmission Program I 1,000,000 6-075 Laskin Road- Phase I 1,300,000 6-404 Computerized Mapping and Infrastructure Management II 200,000 6-603 Witchduck Road Sewer Improvements-Phase I 51,049 Total Transfer From: $ 2,674,828 Fiscal Year 2015-16 9-10 Ordinances Attachment D-Reductions in Non-City Funding Amount of Reduction in Appropriations Prior to Funding Project# FY 2015-16 Source Quality Physical Environment Roadways 2-256 Indian River Road-Phase VII $ 1,085,998 State 2-256 Indian River Road-Phase VII 1,488,998 Federal 2-418 Indian River Rd/Kempsville Rd Intersection Imp. 86,022 State 2-418 Indian River Rd/Kempsville Rd Intersection Imp. 347,003 Federal 2-025 Witchduck Rd-Phase II 991,928 State Total Reduction: $ 3,999,949 Fiscal Year 2015-16 9-11 Ordinances Attachment E-Projects Utilizing Public Facility Bonds Summary of Adopted Public Facility Bonds: 2092000 Virginia Beach Transit Extension Project $ 8,750,000 2108000 Light Rail Corridor Shared-Use Path 1,250,000 2038000 Rosemont Rd Phase V 6,884,393 2025000 Witchduck Rd 2,077,671 2050000 Landstown Road Improvements-Phase I 2,190,909 2088000 West Neck Road Phase IV 1,800,000 2158000 Holland Road-Phase IV(VDOT) 1,543,958 3028000 Aquarium Marsh Pavilion Enhancements 850,000 3344000 Police Fourth Precinct-Replacement 3,891,775 9096000 Oceanfront Capital Projects Reinvestment 600,000 9017000 Proposed Arena Infrastructure Development-Off Site 6,980,000 9015000 Proposed Arena Infrastructure Site Improvements 46,520,000 Total $ 83,338,706 Fiscal Year 2015-16 9-13 Ordinances II 04 'f- City of Vires;inia I beach yo 4v-JZ t S OF OUR NNW' ,S VBgov.com BARBARA M.HENLEY PHONE: (757)426-7501 CITY COUNCIL MEMBER-PRINCESS ANNE-DISTRICT BARBARA@BARBARAHENLEYCOM 7 In Reply Refer to 0054900 May 12, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: 1. On May 7, 2013, I made a written disclosure regarding City Council's discussion and vote on the City's Capital Improvement Plan for FY 2013-14 through FY 2018-19 ("the Plan"). CIP #2-024, which is entitled, "Rural Road Improvements II," ("the Project") is a component of the Plan. I disclosed at that time that I have an ownership interest in property that is located at 2061 Pleasant Ridge Road (GPIN 2402-90-6850). I further disclosed that the Project will require City acquisition of a portion of that property. 2. The project was subsequently redesigned, and as a result, no portion of the property at 2061 Pleasant Ridge Road will be acquired for the Project. The improved roadway will, however, be adjacent to that property, which could potentially benefit the property, so I am making this updated disclosure. The Project is a component of the City's Capital Improvement Plan for FY 2015-16 through FY 2020-21. 3. I am a member of a group of three or more persons—property owners whose property may benefit from the Project—the members of which are affected by the transaction. 4. I am able to participate in this transaction fairly, objectively, and in the public interest. 3513 CHARITY NECK ROAD,VIRGINIA BEACH,VIRGINIA 23456 I II i Mrs. Ruth Hodges Fraser -2- May 12, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Sincerely, 4aktojudi it t Barbara M. Henley Councilmember BMH/RRI -47- Item -II-F.2b-2 ORDINANCES/RESOLUTIONS ITEM#64846 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: b. FY 2015-2016 Capital Budget: 2. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68.9- Million Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $68,900,000 FOR 4 VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general 6 obligation public improvement bonds for various purposes in the maximum amount of$68,900,000, as permitted by the City 7 Charter,without submitting the question of their issuance to the qualified voters. 8 9 WHEREAS,City Council held public hearings on the program to provide for public comment; 10 11 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 12 13 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 14 public facilities and make general improvements,all of which will promote the public welfare of the City and its inhabitants and 15 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 16 borrowing of up to$68,900,000 and issuing the City's general obligation bonds therefor. 17 18 2. That, pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized to be 19 issued general obligation public improvement bonds of the City in the maximum amount of$68,900,000, to provide funds, 20 together with other funds that may be available,for various public improvement projects, including School, Roadway,Coastal, 21 Economic and Tourism,and Building projects,for project activities that include,but are not limited to,the following: preliminary 22 studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation 23 of residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal 24 services,inspection and support services,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 combined 27 with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 28 29 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 30 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times 31 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 32 33 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, 34 and interest on which its full faith and credit shall be irrevocably pledged. 35 36 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by 37 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of 38 the issuance of the Bonds. 39 40 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file 41 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 42 43 8.That this ordinance shall be in full force and effective from its passage. 44 45 Adopted by the Council of the City of Virginia Beach,Virginia on this .2 tgilhy of May,2015. 46 47 Adoption requires the affirmative vote of two-thirds of all members of the City Council. I II I i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services / City; • - -y's • ice I II -48- Item-II-F.2b-3 ORDINANCES/RESOLUTIONS ITEM#64847 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re: FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: b. FY 2015-2016 Capital Budget: 3. AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$16,656,167 Voting.• 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 I II i I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,VIRGINIA,IN 3 THE MAXIMUM AMOUNT OF$16,656,167 4 WHEREAS,the City of Virginia Beach,Virginia(the"City"),desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of$16,656,167 for financing improvements and expansions to the City's storm water 6 utility system(the"System"),as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System,which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development,and general welfare of the City,and to finance the costs thereof through the borrowing of$16,656,167 and issuing the 15 City's revenue bonds therefore. 16 17 2. That,pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized to be issued 18 storm water utility system revenue bonds of the City in the maximum amount of$16,656,167 to provide funds,together with other 19 available funds,for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 22 dates,bear interest,be in such denominations and form,be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 26 obligations of the City,payable as to principal, premium,if any,and interest solely from the revenues derived by the City from the 27 System,and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 28 or constitute an indebtedness of,or a pledge of the faith and credit of,the Commonwealth of Virginia or of any county,city,town,or 29 other political subdivision of the Commonwealth,including the City. The issuance of the bonds and the undertaking of the covenants, 30 conditions,and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 31 indirectly,or contingently obligate the Commonwealth,the City,or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 33 and premium,if any,and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,charge,and collect such rates, 37 fees,and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 38 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium,if any,and interest on the bonds as the 39 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 40 covenants,agreements,and other terms as are customary for the protection of the holders of storm water revenue obligations. 41 42 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 43 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 44 of the bonds. 45 46 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 47 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 48 49 8. That this ordinance shall be in full force and effect from its passage. 50 51 Adopted by the Council of the City of Virginia Beach,Virginia on this 12.t by of May,2015. 52 Adoption requires the affirmative vote of a majority of all members of the City Council. Fiscal Year 2015-16 9-14 Ordinances APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 290ftY \ Budget and Management Services City At • : s Off ce Fiscal Year 2015-16 9-14 Ordinances -49- Item-II-F.21,-4 ORDINANCES/RESOLUTIONS ITEM#64848 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinances/Resolutions re:FY 2015-2016 RESOURCE MANAGEMENT PLAN BUDGET: b. FY 2015-2016 Capital Budget: 4. AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$20-Million Voting: 9-2 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: None May 12, 2015 I II I I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM 2 REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,VIRGINIA,IN THE MAXIMUM 3 AMOUNT OF$20,000,000 4 WHEREAS,the City of Virginia Beach,Virginia (the "City"), desires to authorize the issuance of water and sewer system 5 revenue bonds in the maximum amount of$20,000,000 for financing improvements and expansions to the City's water and sewer 6 system(the"System"),as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System,which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development,and general welfare of the City,and to finance the costs thereof through the borrowing of$20,000,000 and issuing 15 the City's revenue bonds therefore. 16 17 2. That pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized to be issued water 18 and sewer system revenue bonds of the City in the maximum amount of$20,000,000 to provide funds,together with other available 19 funds,for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, 22 bear interest,be in such denominations and form,be executed in such manner and be sold at such time or times and in such manner 23 as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations of 26 the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, and 27 shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or 28 constitute an indebtedness of,or a pledge of the faith and credit of,the Commonwealth of Virginia or of any country,city,town,or 29 other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the 30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter 31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore,except from the revenues pledged 33 to the payment of the principal of and premium,if any,and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds 36 and providing the details thereof shall contain appropriate covenants requiring the City to fix,charge, and collect such rates,fees, 37 and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as 38 shall be necessary so as to produce sufficient net revenues to pay principal of and premium,if any,and interest on the bonds as the 39 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 40 covenants,agreements,and other terms as are customary for the protection of the holders of water and sewer revenue obligations. 41 42 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 43 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of 44 the bonds. 45 46 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified 47 copy of this ordinance with the Circuit Court of the City of Virginia Beach. 48 49 8. That this ordinance shall be in full force and effect from its passage. 50 51 Adopted by the Council of the City of Virginia Beach,Virginia on tdIh of May,2015. 52 53 Adoption requires the affirmative vote of a majority of all members of the City Council. Fiscal Year 2015-16 9-15 Ordinances APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Sa.„4.1 . I Budget and Management Services t ney's Office Fiscal Year 2015-16 9-15 Ordinances -50- Item II-P ADJOURNMENT ITEM#64849 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 8:25 P.M. 6ad 1/1/1 -a --( /0 71/ nda Finley-Barn s, CMC Chief Deputy City Clerk th Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia May 12, 2015